Jackie DriverHead of Good Relations

Disability Related Harassment Review

January 2013

Overview of presentation

• About the Inquiry• Definitions of disability-related

harassment• Forms of harassment• ‘Hidden in Plain Sight’• Barriers to progression• ‘Manifesto for Change’• Impact of inquiry

Why this Inquiry?

• Evidence of serious cases of abuse across GB

• Fiona Pilkington and Frankie Hardwick• Serious cases only tip of the iceberg• For many, harassment is commonplace

and goes un-reported• Apparent failure of public authorities to

recognise extent of disability-related harassment

• Previous research on the safety and security of disabled people

What is ‘disability-related harassment’? • Unwanted, exploitative or abusive

conduct against disabled people which has the purpose or effect of either: – Violating the dignity, safety, security

or autonomy of the person experiencing it, or

– Creating an intimidating, hostile, degrading or offensive environment.

Forms of harassment

•Name calling •Damage to property •Exploitation, theft and fraud •Anti-social behavior •Cyber bullying and cyber harassment•Sexual abuse, rape and sexual assault, and•Physical assault, ranging from lower level

assaults up to murder

EHRC Inquiry Powers

• Equality Act 2006 section 16– Inquiries into issues or sectors where there

are concerns relating to human rights and / or equality

– Require organisations to provide evidence– Publish authoritative evidence-based reports– Make recommendations against which we

expect action

Legislative Framework

• The Disability Discrimination Act 2005• The Equality Act 2010• Public sector equality duty• Criminal law • The European Convention on Human

Rights• The Human Rights Act 1998• The United Nations Convention on the

Rights of Persons with Disabilities• The Autism Act 2009 

Policy framework

• Antisocial Behaviour• Hate Crime• Adult Protection• Bullying

Inquiry Methodology

• Call for Evidence• Terms of reference• Evidence gathering• Formal hearings• Analysis• Publishing report• Follow up / Adverse Findings

Hidden in plain sight – Inquiry report• Ownership and Leadership • Availability of definitive data • An accessible and responsive criminal justice

system• Understanding the motivations and

circumstances of perpetrators informs the design of interventions.

• Positive attitudes towards disabled people and a better understanding the nature of the problem.

• Evaluation and dissemination of promising approaches to preventing and responding

• Effective guidance and training for frontline staff  

Systemic institutional failure

• Incidents often dealt with in isolation • Disability as a motivating factor• Opportunities to stop harassment are missed • Focus on the behavior and ‘vulnerability’ of the

victim rather than the perpetrator• Failure of agencies to work together• No understanding of the causes and prevention• Barriers to reporting and recording• Barriers accessing justice• Perpetrators face few consequences• A lack of shared learning across agencies

Barriers to progress

• Legal• Policy• Attitudinal

– Societal– Organisational– Individual

Manifesto for Change

• 81 formal responses• Three national governments published

their commitments• How the Commission will monitor

progress over the coming years

Impact in England

• LAPSO Act reviewed• Law Commission Commit to review all

statutory and common laws• Adult Safeguarding Boards given

statutory status• National Housing Federation produces

guidelines regarding security of tenure• Department of Transport published

Disability Action Plan

Impact in Scotland

• Shift perception from an individual’s perceived vulnerability

• Multi-agency approach to adult protection

• Courts to record when and how aggravation have been taken into account when sentence is passed

• Scottish and Crime Justice Survey includes questions on disability

Impact in Wales

• Action plan adopted by Welsh Government in tackling disability-related harassment

• Wales Strategic Action Plan adopted objective to reduce disability-related harassment

How will the Commission follow up the recommendations it makes?• Ownership sits with the key authorities

identified in Hidden in Plain Sight • Recommendations and findings

integrated into core work of the Commission.

• Where appropriate monitor the performance of organisations.

• Measuring a key aspect of tackling disability related harassment over the next 1, 3 and 5 years.

Points for discussion

• Common experiences of disabled people?

• Differences in legal and policy frameworks?

• What can we learn from each other?

‘Building a society built on fairness and respect where people are confident in all aspects of their diversity.’