Children as young as nine are being investigated by police for calling each other names, it has emerged.
Officers have logged “non-crime hate incidents” including a primary school child who called a classmate a “retard”.
Two secondary school girls who said that another pupil smelled “like fish” were also recorded as having committed a NCHI.
Freedom of information requests revealed that police forces are confused by government guidance on the issue and are being over-zealous in recording insignificant incidents.
NCHIs are only supposed to be recorded if they are “clearly motivated by intentional hostility” and there is a real chance of “causing significant harm or a criminal offence”.
FOI requests revealed more than 13,200 hate incidents were recorded in the 12 months to June across 45 of Britain’s police forces.
Chris Philp, the shadow home secretary and a former policing minister, said: “These examples are obviously totally absurd.
“Pursuing these sorts of incidents is a total waste of police time. They should be concentrating on criminals.
“It risks having a chilling effect on free speech, one of the fundamental values of this country.
“Police should only record incidents where there is a clear and genuine risk that the behaviour in question could lead to an actual crime being committed.”
School children are not the only targets as the journalist Allison Pearson said she was being investigated about a a post on X, formerly known as Twitter.
Pearson, 64, claimed two Essex Police officers turned up at her door at 9.40am on Remembrance Sunday to inform her she was being investigated over a post on X from a year ago.
The award-winning writer said she was still in her dressing gown when one officer at the door said “I was accused of a non-crime hate incident. It was to do with something I had posted on X a year ago. A YEAR ago? Yes. Stirring up racial hatred apparently’.
Essex police denied they were investigating an NCHI but whether her post was an offence under the Public Order Act that was “likely or intended to cause racial hatred”.
Sir Keir Starmer’s spokesman said that the Home Office was reviewing guidance to balance “the right to free speech” and ensure that police could deal with issues “that matter most” to communities.
However, he said it was important that police recorded non-crime hate incidents where “proportionate and necessary”.
The latest code of practice states that hate incidents in schools that do not amount to crimes should be referred to “the school management team” and no police record made.
Humberside police which has recorded incidents against children said it took hate related incident seriously and recorded them “where appropriate”.
West Yorkshire police which has also logged complaints against children said its crime recording was judged as outstanding by His Majesty’s Inspectorate of Constabulary.
