Hate Crime, Human Rights and Housing: Finding the Line Between Free Speech and Harm

A worrying rise

The latest Home Office hate crime statistics (Home Office, 2025) show a sharp, troubling, and yet sadly predictable increase, with offences motivated by religion up by double digits, and Islamophobic hate crimes rising by around 19% to a total of 3,199 offences. I would recommend that everybody reads the latest update, it is a troubling update, and, of course, does not include events since April of this year onwards.

These are not abstract numbers. Each instance represent neighbours being harassed, children being taunted, and families feeling unsafe in their own homes. The data shows that intolerance is not confined to the extremes, it’s filtering into everyday life.

For the housing sector, where we work at the heart of communities, this rise is deeply concerning. It’s a stark reminder that homes should not just be bricks and mortar but bastions of belonging, safety and inclusion.

Free speech and its limits

The debate that often follows such statistics centres on free speech. Some argue that criticism of religion or political movements is an exercise of democratic rights. And, in principle, they’re right: freedom of expression is a cornerstone of democracy and is protected by Article 10 of the Human Rights Act 1998, a piece of legislation that makes the rights from the European Convention of Human Rights (ECHR) directly enforceable in UK courts, although, bafflingly, many of these so-called proponents of free speech are calling for the UK to leave the ECHR.

That right to freedom of expression is conditional, not absolute. The law draws a clear distinction between expression that challenges ideas and speech that targets people.

Key legislation, including the Public Order Act 1986, Racial and Religious Hatred Act 2006, and Malicious Communications Act 1988, restricts speech that:

• Uses threatening, abusive or insulting words or behaviour likely to stir up hatred;
• Intentionally harasses or intimidates people based on race, religion, sexual orientation or disability;
• Sends threatening or grossly offensive messages, including online.

The Crown Prosecution Service itself puts it in helpful phrase: “Freedom of speech does not mean freedom from consequences.”

This means you can criticise religion or government but you cannot call for harm against people because of their identity. The right to speak must always be balanced with the right to live without fear.

A human rights balance

In practice, this balance between expression and protection is a defining tension in modern Britain. The Human Rights Act requires that freedom of speech be weighed against other rights, including the right to life (Article 2), the right to freedom from inhuman or degrading treatment (Article 3), and the right to private and family life (Article 8).

When one person’s speech causes another’s harm or fear, the state, and by extension, public bodies and housing providers, has a duty to step in.

What this means for the housing sector

In the housing sector, we find ourselves uniquely placed at the intersection of these issues. We witness the immediate impact of global tensions and the physical transference of online campaigns of abuse into communities, frequently before they are reported to other agencies such as the police, the press, or the health service. We view the fracturing of communities into hate in real time.

So what should housing organisations do in this landscape? The Regulator of Social Housing’s Consumer Standards include the prevention of hate crime as a key requirement under the Neighbourhood and Community Standard, and it is important that it is given careful attention.

1. Recognise hate crime as more than ASB
   Hate incidents are not just disputes, they are attacks on identity. They undermine safety and community cohesion and require a specific, sensitive response. Hate stands distinct from ASB and should have its own policy.
2. Make hate definitions clear to residents
   Many residents may not recognise certain behaviours as hate incidents, or may not know how their housing provider responds. Clear communication about what constitutes as hate and how it is dealt with helps residents to feel confident to report concerns and builds trust and communities.
3. Create safe reporting routes
   Many victims never report hate crimes. Make it easy for residents and staff to raise concerns confidentially and signpost them to support services.
4. Train and equip staff
   Everyone from housing officers to repairs teams should understand what constitutes a hate incident and how to respond appropriately.
5. Use tenancy powers appropriately
   Harassment or hate-based intimidation breaches tenancy agreements. Use your powers, from warnings to injunctions, to protect victims and set clear standards.
6. Reinforce values publicly
   During times of tension, visible statements of inclusion and reassurance matter. Residents should know that their landlord is a safe, fair and responsive organisation.
7. Build partnerships
   Work closely with local police, community safety teams and faith networks. Shared intelligence and joint messaging can prevent escalation.


Free speech and fear: getting the balance right

It’s not easy to navigate rising hostility while respecting people’s rights to hold and express opinions. However, as housing professionals we don’t have to arbitrate complex legal questions. Instead, our focus is on ensuring people feel safe in their homes.

Free speech allows people to express themselves.
Hate crime removes that same freedom from others.

Hate isn’t a political football. The law is the highest power in the land, not political parties, and we are all entrusted with a responsibility to maintain the social tapestry. When the line between speech and harm blurs, housing providers can, and must, be part of the solution: upholding rights, protecting safety, and building communities where difference is not just tolerated, but respected.

For a range of support on hate crime, please reach out to myself or the Housing Diversity Network.

Written by John Simmonds is a Diversity and Inclusion Consultant and Associate with the Housing Diversity Network.

Home Office. (2025). Hate crime, England and Wales, year ending March 2025. . Home Office. Last Updated: 9 October. Available at: https://www.gov.uk/government/statistics/hate-crime-england-and-wales-year-ending-march-2025/hate-cr .