Essex Police say they are investigating Telegraph columnist Allison Pearson over an alleged criminal offence, rather than for a non-crime hate incident (NCHI) as she has suggested.
Ms Pearson said she was “dumbfounded” and “upset” when two police officers knocked on her door on Remembrance Sunday and told her she was being investigated over a year-old deleted post online.
She said she wasn’t informed which post had been reported, but suggested it could have been related to the 7 October attacks in Israel or pro-Palestine marches.
She claimed the officers told her she was being investigated for a NCHI – an incident involving an act which is perceived to be motivated by hostility or prejudice towards persons with a particular characteristic, but is not illegal.
NCHI reports have long been controversial, with many citing free speech concerns, and Ms Pearson’s account of the police visit has led to widespread support from Conservatives and online commentators, including Tory leader Kemi Badenoch.
But an Essex Police spokesperson has told Sky News that Ms Pearson was never being investigated for an NCHI, and that the matter was always being treated as an investigation into an alleged criminal offence of inciting racial hatred.
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Speaking on her Planet Normal podcast on Wednesday, Ms Pearson said she found the visit “chilling”.
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“I was dumbfounded, upset, it’s not very nice,” she said. “I was in my dressing gown on the step of the house, these two coppers were there just outside the door.
“There were people gathering for the Remembrance Day parade so there were people watching from the other side of the road.
“Whatever I did or didn’t tweet, if somebody found it offensive, that to me is still not a reason for two policemen to come to my house on a Sunday morning.
“You know, they don’t do that for burglars, do they? We know policing is under-resourced and they are unable to attend often quite serious crimes.
“This was the most extraordinary overreach and state intrusion into my private life and I don’t think I did anything wrong and I think their response was outrageous.”
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In a statement, Essex Police said: “Officers attended an address in Essex and invited a woman to come to a voluntary interview.
“They said it related to an investigation into an alleged offence of inciting racial hatred, linked to a post on social media.
“For clarity: a complaint of a possible criminal offence was made to the police and this is why we called; to arrange an interview.
“Everyone was polite and professional throughout the brief conversation.”
They said an officer told Ms Pearson: “It’s gone down as an incident or offence of potentially inciting racial hatred online. That would be the offence.”
Essex Police say they have complained to the Independent Press Standards Organisation (IPSO) over what they call “false reporting” regarding the ongoing investigation.
Non-crime hate incidents (NCHIs) are defined by the government as an incident involving an act which is perceived to be motivated by hostility or prejudice towards persons with a particular characteristic.
Those characteristics can include race, religion, disability, sexual orientation and transgender identity.
These incidents do not amount to a criminal offence, but they are reported to police and recorded in case they escalate into more serious harm or indicate heightened community tensions.
It can be reported to police by anyone, whether they are directly affected by the alleged NCHI or not.
Not all incidents reported to police are recorded as NCHIs.
They need to meet this threshold, according to the government: “A single distinct event or occurrence which disturbs an individual’s, group’s or community’s quality of life or causes them concern.”
Furthermore, the personal data of the person reported should only be included in the reports if the incident in question presents a “real risk of significant harm” to individuals or groups with a particular characteristic and/or a real risk that a future criminal offence may take place against them.
The origins of NCHI recordings stem from the murder of Stephen Lawrence in 1993, who was murdered by a gang of racist attackers in southeast London as he ran to catch a bus.
An inquiry into his death in 1999 called for the creation of “a comprehensive system of reporting and recording of all racist incidents and crimes”.
The first guidance on NCHI was published in 2005, but there have been updates over the years in response to scrutiny over protecting free speech.
The latest guidance was published in June 2023, when an updated code of practice set out a “common sense and proportionate approach that should be adopted by the police”.
The guidance, introduced under the Conservative government, clarified “that debate, humour, satire and personally-held views which are lawfully expressed are not, by themselves, grounds for the recording of an NCHI” and that an NCHI should not be recorded if police deem a report to be “trivial” or “irrational”.
In an interview with The Telegraph published yesterday, Kemi Badenoch said police visiting a journalist over a social media post was “absolutely wrong” and that “we need to look at the laws around non-crime hate incidents”.
“There has been a long-running problem with people not taking free speech seriously,” she said.
She challenged the prime minister to review the laws, saying: “Keir Starmer says he is someone who believes in these things. Now he needs to actually show that he does believe it. All we’ve seen from him is the opposite.”
Ms Badenoch added: “We need to stop this behaviour of people wasting police time on trivial incidents because they don’t like something, as if they’re in a nursery.
“It’s like children reporting each other. And I think that in certain cases, the police do it because they’re afraid that if they don’t do it, they will also be accused of not taking these issues seriously.”
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Essex Police said the officers went to the address to invite Ms Pearson to attend a voluntary interview as part of their investigation, which was passed to them by another force.
“The report relates to a social media post which was subsequently removed,” the statement read.
“An investigation is now being carried out under Section 17 of the Public Order Act.”
Essex Police also said they made attempts to contact Ms Pearson before the visit.
Other prominent Conservative voices such as Boris Johnson, Liz Truss and Chris Philp have also leapt to Ms Pearson’s defence online, as has X owner Elon Musk, who quoted a post about the incident and said: “This needs to stop.”
