Autonomy, Safeguarding

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Autonomy, Safeguarding Hate Crime

• Robin Van den Hende
• Policy Campaigns Officer

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Who we are and what we do

• Provides emotional and psychological support to
  victims and perpetrators of abuse who have
  learning disabilities.
• Provides training and support to professionals
  and carers. 
• Based in London.
• Works with staff in the statutory, independent
  and voluntary sectors to protect people with
  learning disabilities who may be at risk from
  abuse.
• Conducts research and disseminates good practice.
• Provides advice and information to parents and
  carers.
• Based in Nottingham.
• Supports people with learning disabilities and
  other vulnerable groups who have experienced
  crime or abuse.
• Supports their families, carers and professional
  workers.
• Trains police forces on assisting vulnerable and
  intimidated witnesses.
• Based in Derby.
• Campaign together on public policy and practice.

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Introduction

• What is a disability hate crime?
• Key questions safeguarding and disability hate
  crime
• Recent cases similarities and differences
• Key messages - independence and safeguarding
• Questions and key messages - disability hate
  crimes

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What is a Disability Hate Crime?

• Hate crime is any crime where the perpetrators
  prejudice against any identifiable group of
  people is a factor in determining who is
  victimised.
• Association of Chief Police Officers Scotland
• Any criminal offence which is perceived to be
  motivated because of a persons disability or
  perceived disability, by the victim or any other
  person.
• Association of Chief Police Officers

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Key Questions

• What do the similarities and differences between
  recent killings of people with learning
  disabilities tell us?
• Why did these crimes happen?
• Why were situations allowed to escalate?
• How can we both safeguarding people and ensure
  their independence?
• Were the victims selected because of their
  disability or because they were seen as an easy
  target?

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Laura Milne

• Laura Milne had learning disabilities and was 19
  years old.
• Lived in homeless accommodation in Aberdeen. Had
  regular contact with family.
• Described as naïve, easily manipulated and too
  trusting.
• Laura saw Stuart Jack, Debbie Buchan and Leigh
  Mackinnon as her friends. Buchan had bullied
  Laura since school.
• Laura and Buchan argued. Group punched and
  kicked Laura. Jack repeatedly stabbed Laura and
  cut her throat, killing her.
• Mutilated Lauras body and tried to hide her body
  in a cupboard.
• Jack and Buchan later used mobile phone to record
  themselves boasting about the murder. Jack said
  of Laura shes worth fuck all.
• Jack later stated he had murdered Laura for
  insulting his family.
• Jack admitted murder jailed for minimum of 14
  years. Buchan and Mackinnon admitted attempted
  murder both jailed for 9 years.

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Brent Martin

• Brent Martin had learning disabilities and mental
  health needs. He was 23 years old and lived in
  Sunderland.
• After leaving psychiatric care, he found his own
  flat and a job.
• He fell in with a group of youths, including
  William Hughes, Marcus Miller and Stephen
  Bonallie.
• The youths used 3,000 Brent had saved to buy
  drink and cigarettes.
• May 2007, they bet each other 5 that they could
  knock Brent out with a single punch.
• Miller knocked Brent unconscious twice. Shortly
  afterwards, Bonallie also hit him.

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Brent Martin

• Brent suggests committing a house robbery. Later
  suggested in court that this was used as an
  excuse for what followed.
• Chase Brent over two housing estates, severely
  assaulting him.
• Brent left unconscious in the street. Dies two
  days later.
• Group pose for pictures and brag after the
  attack.
• Bonallie heard to say Im not going down for a
  muppet.
• Hughes, Miller and Bonallie sentenced to life
  imprisonment. Their sentences later reduced on
  the grounds that the murder was not sadistic.

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Steven Hoskin

• Steven Hoskin had learning disabilities and was
  39.
• Youths use Stevens bedsit to drink and take
  drugs. They include Darren Stewart, Martin
  Pollard and Sarah Bullock.
• Stewart stole Stevens money and assaulted him.
• Steven cancelled his weekly community care
  assistant service.
• July 2006, Steven is detained in connection with
  shoplifting. He reluctantly admits Stewarts and
  Bullocks involvement.
• That night Steven is assaulted, made to wear dog
  collar and has cigarettes stubbed out on his
  head.
• Steven forced to falsely confess to being a
  paedophile and to swallow 70 painkillers.
• March Steven to top of a viaduct and force him
  over the edge he falls to his death.
• Stewart sentenced to 25 years for murder.
  Bullock sentenced to 10 years for murder.
  Pollard sentenced to 8 years for manslaughter.

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Keith Philpott

• Keith Philpott had learning disabilities and was
  36 years old. Lived alone in a flat in
  Stockton-on-Tees.
• Youths used his flat to hang out, including Gemma
  Swindon.
• They fell out and Gemma told her brother Sean
  that Keith had sexually assaulted her - no
  indication this allegation true.
• Sean Swindon recruited self-confessed
  paedophile-hater Michael Peart.
• March 2005, tied Keith up at his flat and
  seriously assaulted him over several hours.
• Sean Swindon used a kitchen knife to disembowel
  Keith and he was left to die.
• Sean Swindon and Michael Peart found guilty of
  murder. Sentences increased on appeal - Swindon
  to minimum 28 years and Peart minimum of 22 years.

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Raymond Atherton

• David Raymond Atherton was 40 years old with
  learning disabilities.
• He lived in a flat in Warrington. Youths used
  his flat for drinking and taking drugs. They
  included Craig Dodd and Ryan Palin.
• He had a history of alcohol abuse and received
  regular social services visits.
• Dodd and Palin spent months terroring Raymond
  assaults, harassment, shaving his hair, urinating
  on him, theft.
• Social services moved to another flat, but Dodd
  and Palin followed and terroring continued.
• Reluctant to report incidents or seek medical
  help wanting to maintain independence.
• 8 May 2006, Dodd and Palin assaulted Raymond.
  They threw him into the Mersey, where he drowned.
• Dodd and Palin pleaded guilty to manslaughter.
  Dodd given minimum sentence 3 and a half years.
  Palin given 3 years.

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Commonalities

• All had learning disabilities.
• Predominantly men aged late 30s to early 40s.
• Lived on their own in the local community.
• Befriended by young people who they viewed as
  their friends.
• These friends abused and exploited them over a
  prolonged period.
• Killed by these friends or associates of them.

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Commonalities

• Killers were young between 15 and 30. Killers
  had been drinking and / or taking drugs.
• Killings were brutal and prolonged.
• These crimes were not dealt with as disability
  hate crimes.
• All killers were convicted.

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Differences

• Some had regular contact with statutory agencies.
• Some had regular contact with their families
  some were estranged.
• Murderers of Steven Hoskin and Keith Philpott
  incorrectly accused them of being paedophiles.
• Inquiry identified failures by statutory agencies
  in Steven Hoskins case. Inquiry cleared
  statutory agencies in Raymond Athertons case.
• Laura Milne only woman and younger than other
  victims.

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Independence Safeguarding

• People with learning disabilities want to be part
  of their communities and to have friends.
• People with learning disabilities may not
  identify risky situations or relationships.
• Some people may use this to exploit people with
  learning disabilities.
• Everyone has a right to make bad choices and to
  refuse help.
• Independence is not the only measure of quality
  of life people must be safe.
• Yet, services must avoid paternalism.

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Independence Safeguarding

• When and how should services intervene?
• People with learning disabilities need the
  support of others to make choices and maintain an
  optimum level of independence.
• Empower people with learning disabilities by
  giving them the skills and knowledge to make
  informed choices.
• Tackle abusers promptly (e.g. act on anti-social
  behaviour and low level exploitation) and provide
  support to victims and their families.
• It is not Independence vs. Safeguarding.

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Disability Hate Crime

• Were any of these cases disability hate crimes?
  Were they at least partly motivated by prejudice
  or hostility based on disability?
• Recognising the motive does justice to the victim
  and is essential for preventing similar crimes in
  future.
• Vulnerability can overshadow disablism.
• Vulnerability, drink and drugs explanations or
  opportunities for disablism?
• What lessons could be learnt from perpetrators
  backgrounds?
• The issue of perpetrator and victim
  relationships.
• One motive can become another.
• Why did things escalate?
• Why were these crimes so vicious?
• What do these cases say about society?

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Disability Hate Crime

• It is not Safeguarding vs. Disability Hate Crime.
• Keep an open and enquiring mind.
• Probe beneath the surface.
• Dont accept motiveless as an explanation.

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The End

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• www.voiceuk.org.uk

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