Hate crime and prejudice-based behaviours: Responding to prejudice-based behaviours

Approaches to preventing and addressing prejudice-based behaviours should align with the Getting it Right for Every Child (GIRFEC) approach and the National Child Protection Guidance.

A school’s relationships and behaviour policy should also provide clarity on how it will respond to prejudice-based behaviours experienced by or displayed by children or young people. All approaches should be trauma informed. Restorative approaches are normally outlined within relationships and behaviour policy. A restorative approach gives the person who has been harmed a voice.

The types of prejudice-based behaviours staff may be required to respond to can vary significantly in nature. Educators will become aware of behaviours by:

witnessing them in the school or setting
having matters disclosed to them by the student affected or those that are aware of the incident
having matters formally reported to them by families or via a multi-agency response
becoming aware of changes in behaviour that may indicate underlying concerns about a child or young person

The National Approach to Anti-Bullying includes essential recommendations and considerations for effectively responding to prejudice-based behaviours from page 36.

Trauma-informed approaches

It is important for staff to understand what a child or young person experiencing prejudice-based behaviours would like to happen and why. This should be communicated this to other agencies involved, for example, social work. This ensures the child or young person’s views are taken into consideration in next steps and planning. This is particularly important for children and young people who have experienced prejudice-based behaviours. Violence and abuse involve taking away agency and choice. Feeling further disempowered can lead to re-traumatisation.

If what the child or young person asks for is not possible, their request can help school staff to understand what the underlying need is. For example, they may express a wish for the person responsible to be locked away. The underlying need is for safety, justice, protection and closure.

Schools and settings should consider how to demonstrate that they take these concerns and wishes seriously, and wherever possible take action to meet the needs of the person affected.

If the child or young person does not feel safe, they may be at risk of further harm. They may seek to protect themselves by withdrawing or disengaging from situations which they deem to be unsafe. In these circumstances, a clear plan to secure the safety of all children and young people involved should be established, including appropriate actions.

Supporting individuals who experience prejudice-based behaviours

Thinking about next steps, specifically how to support the person who experienced prejudice-based behaviours and hate crime.

Their concerns should be carefully listened to and responded to sensitively, using a nurturing and trauma-informed approach in line with the setting’s pastoral and/or child protection procedures, and information sharing and recording procedures.

When considering next steps, where it is not possible to meet the wishes of the child or young person due to child protection concerns, this should be explained and the child or young person supported to understand the options available.

There will be circumstances in which prejudice-based behaviours are reported to the school by the child or young person’s family. This could be related to incidents and circumstances within the school, at home or in the community.

If staff have concerns that an incident which has taken place outside of school is serious or there is a child protection issue, they should refer to social work for next steps. Similarly, staff may become aware that a child or young person has experienced prejudice-based behaviours via a multi-agency response, which may be led by another agency, while the pupil is attending school. In these situations, staff should follow the advice of social work and Police Scotland.

Responding sensitively to disclosure

Even within a supportive environment, children and young people may find it very difficult to report behaviours. Staff should be vigilant to signs of distress or changes in behaviour which may be linked to the impact of trauma. Children and young people should be encouraged to discuss any concerns with their teacher, pastoral care team, or trusted adult within the setting.

Thinking about how children and young people might share information about prejudice-based behaviours in your setting is important. You will be the experts on this - this might be related to age and stage, Additional Support Needs, culture, understanding of consent, power balances. Reminder: Disclosures might not initially look like disclosures; a child or young person might be 'testing the water' to see if it's safe to disclose.

listen carefully to what they are saying
let them know they've done the right thing by telling you.
do not promise to keep it a secret
stay calm but express your concern for them and convey that you are taking what they are saying seriously
be kind, caring and friendly
be non-judgemental and tell them it's not their fault and they are not to blame in any way
reflect to them what you are hearing them say, and the feelings being expressed - do not ask ‘leading’ questions or become an investigator
explain what you'll do next, ensuring the child’s views are sought on what is safe for them and their family
follow your establishments safeguarding and child protection procedures as soon as possible
reassure the child that there are places and people that can help
let the child know that you will keep them informed at every stage about what you and your establishment are doing, in consultation with them about the safest way to do this

Responding to individuals who carry out prejudice-based behaviours

In line with a GIRFEC approach, consider whether the person who has carried out prejudice-based behaviours requires wellbeing or child protection support.

A response to prejudice-based behaviours should aim to communicate to all involved that the behaviour was unacceptable, and to promote learning so as to prevent further incidents of prejudice-based behaviours.

This discussion should make clear to those responsible that their behaviour is unacceptable and harmful to those experiencing it, including naming the behaviour, for example language which was discriminatory or behaviour which constituted hate crime, pointing to the relevant setting values.

The response should be tailored to age of the person who has carried out the prejudice-based behaviours

Staff may decide to open a child’s plan for the person who carried out the prejudice-based behaviours, or review this plan if one already exists, with a view to identifying causes and appropriate interventions including additional resources to reduce the likelihood of recurrence.

Witnessing prejudice-based behaviours

Prejudice-based behaviours can be displayed by young people but also other adults including colleagues and those in positions of power. Depending on the situation, educators can seek support from a range of sources. This may include:

pastoral care staff
senior colleagues
youth work managers
Human Resources (HR)
social work
health
Police Scotland including campus officers

Bystander intervention

When talking through the options for intervening it is important to remember that being safe is key to being able to successfully intervene. This should be emphasised in professional life but also when discussing intervention options with young people.

Speak Up to be an Active Bystander by Action on Prejudice can support young people to risk assess how to safely intervene when witnessing a prejudice-based behaviour or hate crime. This includes the 5Ds of Bystander intervention. Here they have been adapted slightly to reflect the role of an educator:

Direct: directly intervene and stop the incident going any further. This could include physically separating two individuals and the potential harm to oneself should be actively considered before taking this step.
Distract: this could include asking the aggressor what time it is, or about something unrelated to the incident. This takes the attention off the person experiencing harm and allows them time to walk away. The person experiencing harm could also be distracted in some situations and removed from the vicinity if it is a more group setting. Again, safety for the intervener needs to be considered before action is taken. This intervention could also be described as diffusing or de-escalating.
Delegate: this could be asking a senior colleague to intervene, in a public space this may be involving a bus driver or police officer to intervene. This could also provide a ‘safety in numbers’ feeling too. Asking for help to intervene rather than doing so alone.
Document: this is something that can be done afterwards, such as writing a statement of what happened. We do not encourage anyone to film or photograph something that is happening as this can create dangers later on, for example if a phone needs to be taken into evidence by police but the person who owns the phone is in a relationship where their phone is critical to their safety there. Documenting the incident should occur each time prejudice-based behaviour is witnesses.
Delay: this is waiting until an incident is finished to step in and could include going to the person who experienced harm afterwards and checking in, offering to support them to report the incident or calling a loved one to come help support them. This should not include taking a young person in a personal car or handing out personal details such as phone numbers.

Follow-up and support will need to occur alongside all of these interventions.