Disability hate crime response

Dear A Novis,

Freedom of Information enquiry reference ENQ9156.

Thank you for your request for information under the Freedom of Information (Scotland) Act 2002 received on 28 July 2010, which has been forwarded to the relevant section.

The scheduled date for our response to your request for information is 26 August 2010.

If you have any enquiries meantime please do not hesitate to contact us.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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Dear A Novis,

Thank you for your information request of 28 July 2010, made under the
Freedom of Information (Scotland) Act 2002 (FOISA). Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

‘I have gathered media reports about attacks and murders of disabled
people in different regions.
Your area has significant news articles about such attacks and which
includes two murders of disabled people and six attacks.

1. I would like to know what work you are doing, or planning to do, to
respond to this issue under your legal duties under the DDA and Human
Rights legislation to eliminate harassment against disabled people and
the human right to live free from such attacks and have such attacks
addressed by public bodies?
Aberdeen City Council is part of a Grampian Adult Support and
Protection partnership. Membership comprises: Aberdeen City Council,
Grampian Police, NHS Grampian, The Care Commission, Voluntary Sector,
The Moray Council and Aberdeenshire Council. As with any adult at risk
of harm, if we are aware of an offence which has been, or is being,
committed against a disabled person, we will immediately inform and
involve the police. In turn we receive referrals from the police
relating to adults at risk of harm. The Adult Support and Protection
(Scotland) Act 2007
www.opsi.gov.uk/legislation/scotland/act... -

defines an ‘adult at risk’ as a person aged 16 years or over who:
● is unable to safeguard her/his own well-being, property, rights or
other interests;
● is at risk of harm and because they are affected by disability,
mental disorder, illness or
● physical or mental infirmity are more vulnerable to being harmed
than adults who are not so affected.

The presence of a particular condition does not automatically mean an
adult is an ‘adult at risk’. An adult can have a disability but be
able to safeguard their well-being etc.

All three elements of this definition must be met. It is the whole of
an adult’s particular circumstances which can combine to make them
more vulnerable to harm than others.

An adult is at risk of harm if:
● another person’s conduct is causing (or is likely to cause) the
adult to be harmed, or
● she/he is engaging (or is likely to engage) in conduct which causes
(or is likely to cause) self-harm.

The Council has specific duties under the legislation to support and
protect adults at risk of harm. These are discharged on the Council’s
behalf by Council Officers, a title which is defined in the legislation.
The Act encourages a multi-agency response. Our expectation is therefore
that partners are appropriately involved in any investigation and
subsequent action, including participation at Adult Protection Case
Conferences and involvement in the development and implementation of an
Adult Protection Plan.

We work collaboratively with all partners through the Adult Protection
Committee to ensure that policies, procedures and training are in place
in all relevant agencies and organisations so that all adults at risk
are supported and protected.

2. Could you send me any plans you have plus your Disability equality
scheme which details your proposed actions under your duty to eliminate
harassment against disabled people please?
The new Disability Equality Scheme is part of the Council's Single
Equality Scheme that was approved in November 2009. It is available on
our web site at:
http://www.aberdeencity.gov.uk/web/files...

Other relevant documentation includes:
Grampian Policy for the Support and Protection of Adults at Risk of
harm
http://www.aberdeenshire.gov.uk/about/de...

Aberdeen City Council best practice guide on Human Rights:
http://www.aberdeencity.gov.uk/web/files...

Aberdeen City Council Positive Risk Taking Policy
http://www.aberdeencity.gov.uk/web/files...

The Council’s Community Plan and Single Outcome Agreement can be
found at:
http://www.aberdeencity.gov.uk/web/files...

3. As any details of attacks which get to the media are few I would
also like any records you have of crimes of hostility against disabled
people’.
The Aberdeen Prejudice Incident Report for 1 January - 31 March 2010
indicates the level of reporting about incidents that take place in the
city. The reports are provided by Grampian Racial Equality Council
(GREC) and reviewed each quarter by the Aberdeen Prejudice Incident
Partnership. The information is shared with staff and partners to help
form policies and actions to combat trends. The information in the
report indicates that 2 incidents in this quarter related to disability,
while there were 109 for racism. There were a further 13 incidents
reported that quarter, relating to other equality groups.

For the two disability related incidents case conferences were held to
identify solutions. A number of agencies were involved, including GREC,
the local authority, councillors, schools and police and a satisfactory
resolution to the problems was identified with no repeat occurrences.
Aberdeen City Council takes our responsibilities seriously, working
collaboratively with partners and the voluntary sector to overcome and
eliminate incidents of this nature.

The Prejudice Reports are not held by Aberdeen City Council. Further
information on the reports can be obtained from Grampian Racial Equality
Council. You find this link to their website helpful:
http://www.grec.co.uk/
Please see attached Information Not Held Notice.

It is still early days for reporting for equality groups other than
ethnic minorities, so the level of reporting is not at this stage a very
reliable indication of the level of discrimination. If more detailed
information on actual offences is required the suggestion would be to
contact Grampian Police as Social Care and Wellbeing does not routinely
maintain records of this nature.

We are unable to provide you with information on the Incident Reports
as it is not held by the Council. In order to comply with its
obligations under the terms of section 17 of the FOISA, the Council must
issue an official notice in relation to any requests for information not
held by it. I therefore attach an Information Not Held notice.

We hope this helps with your request.

Yours sincerely,

Jean Reid
FOI Compliance Officer (Acting)

FURTHER INFORMATION

If you are unhappy with the response to your request for information,
or the way in which your request has been handled, you can submit a
complaint or request a review of our response. You should do this by 21
September 2010. To complain or request a review, write to:

City Archivist
Legal and Democratic Services
Aberdeen City Council
Old Town House
Broad Street
Aberdeen
AB10 1AQ
[email address]

Your request for review must include your name, an address, and your
reason(s) for requesting a review. You should also include the reference
number for your original request for information.

If you are not satisfied with the outcome of your request for review,
you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a
decision unless you have been through the Council’s review procedure.
The Scottish Information Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
www.itspublicknowledge.info

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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