Tackling Disability Discrimination and Disability Hate Crime: A Multidisciplinary Guide

282 Pages·2015·0.881 MB·English

by  Robina Shah and Paul Giannasi (eds)

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‘My name is Fred! A
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Not retard, not spastic, not filth, K
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My name is Fred! I
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But this did not stop the kicking, the spitting, the punching in my face, G

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This didn’t stop the bystanders looking in disgrace.’ I
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Placing the experiences of victims at its heart, this book provides an authoritative overview L
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of disability hate crime – explaining what it is, how it happens, its legal status, the impact T
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on victims and how individuals and agencies should respond. D
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The guide outlines innovative projects developed to address the problem, and provides C TACKLING DISABILITY DISCRIMINATION
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tailored guidance for professionals spanning education, health and social care, and criminal I
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AND DISABILITY HATE CRIME
justice. After highlighting the crimes committed against disabled people and society’s failure I
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to protect them, the book concludes with a powerful argument for cross-government action A
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to improve professional practice and eliminate disability-motivated hate crime. I
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‘All my life I have had to live with the fact that I am different… This book tackles the A
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prejudice I personally experienced and makes a step towards creating a society in which
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disability hate crime no longer exists.’
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Matt Walker MBE, British Paralympic Swimmer IS
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B TACKLING DISABILITY
‘This book both details the many insidious ways in which hate crime can persist in the lives of I
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disabled people, and provides a multi-layered framework for action to combat it.’ IT
Dr Sally Robinson, Research Fellow, Centre for Children and Young People, Y

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Southern Cross University, Australia, and Author of Preventing the Emotional Abuse A DISCRIMINATION AND
and Neglect of People with Intellectual Disability T
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Dr Robina Shah MBE DL JP FRCGP (Hon) is a psychologist and academic. She has
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been actively involved in health and social care policy and strategy, at national and
E DISABILITY HATE CRIME
regional level, for over 25 years. She is the National Director of Strategy and Policy
on Carers for Frenkel Topping Ltd. as well as the Academic Lead for Patient and A
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Public Involvement at Manchester University Medical School. U
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Paul Giannasi OBE is a Police Superintendent who leads the UK Cross-Government IS A MULTIDISCIPLINARY GUIDE
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Hate Crime Programme. He is also responsible for the development of IP
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police policy and guidance, and is the UK National Point of Contact to IN
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multi-national organisations such as the Organization for Security and R
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Co-operation in Europe. G
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PRO EDITED BY
AB
UL GIAINA SHEDITED ROBINA SHAH
J7Le3os snCidcoaol nlKi eNirn 1Sg ts9rleeByeE tP, uUbKlishers NNASIAH AND BY AND PAUL GIANNASI
400 Market Street, Suite 400
FOREWORD BY
Philadelphia, PA 19106, USA
PROFESSOR SHEILA BARONESS HOLLINS
www.jkp.com
JKP AND DR KERI-MICHÈLE LODGE
Cover design:Adam Renvoize

TACKLING DISABILITY DISCRIMINATION
AND DISABILITY HATE CRIME
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TACKLING DISABILITY
DISCRIMINATION AND
DISABILITY HATE CRIME
A MULTIDISCIPLINARY GUIDE
EDITED BY
ROBINA SHAH
AND PAUL GIANNASI
FOREWORD BY
PROFESSOR SHEILA BARONESS HOLLINS
AND DR KERI-MICHÈLE LODGE
Jessica Kingsley Publishers
London and Philadelphia
Contains public sector information licensed under
the Open Government License v3.0.
First published in 2015
by Jessica Kingsley Publishers
73 Collier Street
London N1 9BE, UK
and
400 Market Street, Suite 400
Philadelphia, PA 19106, USA
www.jkp.com
Copyright © Jessica Kingsley Publishers 2015
Foreword copyright © Professor Sheila Baroness
Hollins and Dr Keri-Michèle Lodge 2015
Front cover image source: iStockphoto®. The cover image is for
illustrative purposes only, and any person featuring is a model.
All rights reserved. No part of this publication may be reproduced in any
material form (including photocopying or storing it in any medium by
electronic means and whether or not transiently or incidentally to some other
use of this publication) without the written permission of the copyright
owner except in accordance with the provisions of the Copyright, Designs
and Patents Act 1988 or under the terms of a licence issued by the Copyright
Licensing Agency Ltd, Saffron House, 6–10 Kirby Street, London EC1N
8TS. Applications for the copyright owner’s written permission to reproduce
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Warning: The doing of an unauthorised act in relation to a copyright work
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Library of Congress Cataloging in Publication Data
Tackling disability discrimination and disability hate crime
: a multidisciplinary guide / edited by Robina
Shah and Paul Giannasi.
pages cm
ISBN 978-1-84905-528-4 (alk. paper)
1. Discrimination against people with disabilities. 2. People
with disabilities--Crimes against. I. Shah,
Robina, editor. II. Giannasi, Paul, editor.
HV6250.4.H35T33 2015
305.9’08--dc23
2014041408
British Library Cataloguing in Publication Data
A CIP catalogue record for this book is available from the British Library
ISBN 978 1 84905 528 4
eISBN 978 0 85700 941 8
Printed and bound in Great Britain
CONTENTS
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Professor Sheila Baroness Hollins, Cross Bench Member of the
House of Lords and Dr Keri-Michèle Lodge, Higher Trainee in
Psychiatry of Intellectual Disabilty
ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Dr Robina Shah MBE, Senior Academic Lead NHS Constitution,
Manchester Medical School, Manchester University and National
Director for Carers, Frenkel Topping Ltd
Part 1 What is Disability Hate Crime?
1 . Johnny Come Lately? The International and Domestic
Policy Context of Disability Hate Crime . . . . . . . . . . . . . . . . . . 20
Jemma Tyson, Lecturer, Institute of Criminal Justice Studies,
University of Portsmouth, Paul Giannasi OBE, Police Superintendent,
Ministry of Justice, UK and Dr Nathan Hall, Principal Lecturer in
Criminology and Policing, Institute of Criminal Justice Studies,
University of Portsmouth
2 . Disability Hate Crime – A Call for Action . . . . . . . . . . . . . . . . 36
Mike Smith, Chief Executive, Real
3 . The Narrative for Change: How Disability Became
Included in UK Hate Crime Policy . . . . . . . . . . . . . . . . . . . . . . 54
Paul Giannasi OBE
4 . Perpetrators of Disability Hate Crime . . . . . . . . . . . . . . . . . . . 69
Jemma Tyson and Dr Nathan Hall
Part 2 Disability Hate Crime – The Impact on Victims
5 . A Different Reality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Mark Brookes, Quality Advisor, Dimensions and David Cain, former
NHS Chief Executive
6 . Disability Hate Crime –
The Parent’s Perspective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Dame Philippa Russell DBE, Chair, Standing Commission on Carers
7 . Absent Presence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Kathryn Stone OBE, Commissioner, Independent Police
Complaints Commission
8 . Disability Hate Crime is Everyone’s Business . . . . . . . . . . . 123
Dr Robina Shah MBE
Part 3 Disability Hate Crime – Lessons from Other Disciplines
9 . Rape and Sexual Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Dr Catherine White OBE, Clinical Director, St Mary’s SARC
10 . Combatting Hostility Through Education –
The Sophie Lancaster Foundation . . . . . . . . . . . . . . . . . . . . . 159
Sylvia Lancaster OBE, Chief Executive, the Sophie Lancaster Foundation
11 . University Life: A Time of Change . . . . . . . . . . . . . . . . . . . . . 168
Bob Munn, Emeritus Professor of Chemical Physics,
University of Manchester
12 . Regulating Health and Social Care . . . . . . . . . . . . . . . . . . . . 179
Paul Fredericks, Managing Director, Lolben Consultancy
Part 4 How to Respond to Disability Hate Crime
13 . The Local Authority’s Approach to
Disability Hate Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Melanie Giannasi, Social Worker
14 . Don’t Be Afraid to Ask: Become Part of the Circle of
Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Dr Matt Hoghton, General Practitioner, Clevedon Medical Centre
15 . Pushing an Open Door: The Value of Multi-Agency
Working . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Syed Mohammad Musa Naqvi, Project Manager in Urgent Care, NHS
Stockport CCG
16 . The Criminal Justice System Response to Disability
Hate Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Paul Giannasi OBE
17 . Influencing Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Lord Nigel Crisp KBE, Co-Chair, All Party Parliamentary
Group on Global Health
18 . Conclusions and Recommendations . . . . . . . . . . . . . . . . . . . 256
Dr Robina Shah MBE and Paul Giannasi OBE
CONTRIBUTOR PROFILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
SUBJECT INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
AUTHOR INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
FOREWORD
PROFESSOR SHEILA BARONESS HOLLINS
AND DR KERI-MICHÈLE LODGE
Across the world, people with physical disabilities, a learning
disability or a mental health difficulty have been subject to hostility,
stigma, exclusion and neglect for centuries. And today, people with
disabilities continue to experience very real challenges in dealing
with discrimination and hate crime as they go about their daily
lives. Children, young people, women and those with a learning
disability or mental health difficulty are particularly at risk. Yet,
the concept of disability hate crime is relatively new and poorly
understood. This perhaps reflects how as a society we are really only
just beginning to accept the uncomfortable idea that some of our
most vulnerable citizens are the target of discrimination and hate
crime because they have, are thought to have or are associated with
someone who has a disability.
Media reports of shocking cases such as Fiona Pilkington and
Francecca Hardwick have highlighted the failings of professionals
from health, social care, education and criminal justice services to
adequately respond to the victimisation of disabled people, showing
how this often follows a pattern of low-level persistent incidents
that, if not acted upon, can result in tragic consequences. Alongside
this, we have seen the scandal of the systematic criminal abuse of
people with a learning disability in care settings exposed by a BBC
Panorama documentary at Winterbourne View Hospital, and of
deaths through neglect of people with a learning disability in NHS
hospitals uncovered by Mencap’s Death by Indifference report. These
stories prompted Government responses, and the need to address
disability discrimination and hate crime has become a political
priority that can no longer be ignored.
7
TACKLING DISABILITY HATE CRIME
Despite recent relevant policy and legislation, there remains a
lack of understanding and awareness of disability hate crime and
discrimination, particularly among practitioners in health, social
care, and education or criminal justice systems. Furthermore, data
and research evidence to help those organisations tasked with
planning, delivering and providing such services to better address
these issues is scarce. Collecting data on disability hate crime is
particularly difficult, not least because victims may not report
harassment or crimes for many reasons – a fear they will not be
believed, significant communication barriers or dissatisfaction
with agency responses when they have tried to report crimes
previously. This book is therefore very timely, and we welcome
Tackling Disability Discrimination and Disability Hate Crime as
a much needed exploration of the nature of discrimination and
hate crime against people with disabilities and how these can be
addressed in the current policy context.
Dr Shah and Superintendent Giannasi have skilfully edited
insightful contributions from distinguished authors from a variety
of backgrounds – professional, academic, as well as individuals
with disabilities and their family members. These accessible,
jargon-free accounts are grounded in real-life personal experiences,
contextualising what disability discrimination and hate crimes
are, why these occur and their impact. By presenting a variety of
viewpoints, the book reflects the cross-governmental approach
required to tackle these matters. The different voices presented
are all drawn together by a common message – that disability
discrimination and hate crime have been overlooked for too long,
that these experiences should not be seen as inevitable and that we
can and must work together to tackle these matters.
Some of the accounts are challenging to read, and you may
find yourself feeling disbelief, anger or sadness at the experiences
recounted. But ultimately, the book instils within the reader
a sense of determination to achieve change. The book’s call for
action is compelling – that the victimisation of people with
disabilities can no longer be tolerated. And the book goes further:
it provides clear, concise, practical, evidence-based (where possible)
recommendations on the steps professionals and practitioners
8