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The next stage in the fight against NCHIs

Max Thompson

30 October 2025

In a joint report, the National Police Chiefs’ Council and the College of Policing have finally acknowledged what the Free Speech Union (FSU) has long maintained: the current use of non-crime hate incidents (NCHIs) is not fit for purpose and requires broad reform to ensure that policing focuses on genuine harm.

The tipping point came when Irish comedian Graham Linehan was arrested by five armed police officers at Heathrow Airport for posting three gender-critical tweets. On the very day it was announced that he would face no further action, the Commissioner of the Metropolitan Police, Sir Mark Rowley, declared that Britain’s largest police force would no longer investigate NCHIs.

A spokesperson for Sir Mark explained: “The Commissioner has been clear that he doesn’t believe officers should be policing toxic culture war debates, with current laws and rules on inciting violence online leaving them in an impossible position.”

This was welcome news – and undoubtedly a direct result of the FSU’s sustained public campaign. Yet, as the champagne corks were about to pop at FSU headquarters, General Secretary Lord Young of Acton reminded the team that this was El Alamein, not D-Day. The battle may have turned, but victory is far from complete.

Although the Metropolitan Police will no longer investigate NCHIs, they – and other forces – still intend to record them. The next phase of the campaign, therefore, is to persuade all police forces across the UK to make NCHIs non-disclosable in enhanced criminal record checks. This issue is particularly pressing in professions such as teaching and social care, where such checks are routine.

At present, individuals with an NCHI recorded against their name may find themselves denied employment for having committed what is, by definition, a non-crime. As Lord Young recently wrote in the Spectator:

The truly pernicious thing about NCHIs is that they can show up on your criminal record if an enhanced DBS check is required as part of a job application. In other words, the fact that you’ve committed a ‘non-crime’ can prevent you from getting a job.

In Parliament, Lord Young has continued to press the Home Office on this injustice. Prior to the publication of the NPCC and College of Policing’s report, he raised the matter directly with Home Office Minister Lord Hanson of Flint.

While the FSU has secured a series of victories in this campaign, there remains more to do. The solution, ultimately, is simple: abolish NCHIs altogether. Lord Hogan-Howe, former Commissioner of the Metropolitan Police, has joined Lord Young in tabling an amendment to the Crime and Policing Bill seeking precisely that outcome.

The fight continues – but with growing momentum and public support, the tide may finally be turning in favour of free speech and common sense policing.