Frequently Asked Questions (FAQ)
This section provides answers to common questions from school staff relating to racial incidents, hate incidents, hate crime, Police Scotland involvement and professional judgement.
How to use this page
Select a question below to expand the answer.
Select a question below to expand the answer.
Colour Guide
■ General Guidance
Information and guidance relevant to most situations.
■ Professional Judgement Required
Questions where context, circumstances and professional judgement are particularly important.
■ Escalation, Safety or Police Scotland
Questions relating to safeguarding concerns, significant incidents or potential Police Scotland involvement.
Core Questions
What is a racial incident?
A racial incident is any incident which is perceived to be racist by the person experiencing the incident or by any other person. Schools should take concerns seriously and consider the impact on those affected.
What is the difference between a racial incident, hate incident and hate crime?
Racial incident: any incident perceived to be racist by the person affected or by any other person.
Hate incident: an incident perceived to be motivated by prejudice relating to a protected characteristic.
Hate crime: a criminal offence perceived to be motivated by prejudice relating to a protected characteristic.
Does intent matter?
Intent may help schools understand the circumstances of an incident. However, it should not be used to dismiss the impact on the person affected. Schools should consider both intent and impact.
What if a pupil says “it was only a joke”?
Behaviour that causes harm should not be dismissed as banter, humour or joking. Schools should consider both the context of the behaviour and its impact on those involved.
Can an incident be racist if offence was not intended?
Yes. The perception of the person affected, or any other person, should be taken seriously. A lack of intent does not automatically mean that harm has not occurred.
When should Police Scotland be contacted?
Schools should consider seeking advice from Police Scotland where there are concerns regarding violence, threats, serious harassment, repeated targeted abuse or where a hate crime may have occurred. Decisions regarding whether a criminal offence has taken place rest with Police Scotland.
Can online incidents be racial incidents?
Yes. Racial incidents can occur online, including through social media, messaging platforms, gaming platforms and other digital spaces.
Are restorative approaches always appropriate?
No. Restorative approaches may be helpful in some situations but should not be used automatically. Schools should consider safeguarding, wellbeing, the nature of the incident, the wishes of those affected and whether participants feel safe to engage.
Should parents and carers be informed?
Schools should consider informing parents and carers where appropriate, while maintaining confidentiality and following local procedures.
What if there are no witnesses?
A lack of witnesses does not mean an incident did not occur. Schools should gather available information, listen carefully to those involved and make proportionate decisions based on the information available.
What if the person affected does not want the incident reported?
Schools should listen carefully to the wishes of the person affected. However, there may be circumstances where the school still has a responsibility to take action, particularly where there are safeguarding concerns or risks to others.
Where can I find information about recording and reporting racial incidents?
Detailed guidance relating to recording and reporting racial incidents will be available within the Reporting and Logging a Racial Incident section of this resource.
This section is currently under development and will be updated once local reporting processes have been finalised.
Additional Questions
Can staff be victims of racial incidents?
Yes. Racial incidents can affect pupils, staff, volunteers, parents, carers and members of the wider school community. Staff should follow relevant reporting procedures and seek support where required.
What if parents disagree with the school’s decision?
Schools should listen carefully to concerns raised by parents or carers and explain the rationale for decisions made. Where concerns remain, schools should follow local complaints procedures and seek advice where appropriate.
Can anonymous reports be investigated?
Anonymous reports should be taken seriously. While it may not always be possible to fully investigate an anonymous report, schools should consider the information provided, assess any potential risk and take appropriate action where concerns are identified.
Can incidents outside school be investigated?
Schools may need to respond to incidents that occur outside school where they impact on pupils, relationships, wellbeing, safety or the wider school community.
What is the difference between race and religion?
Race and religion are different protected characteristics. However, in practice incidents may involve both racial and religious prejudice. Schools should consider the nature of the incident and its impact when determining how best to respond.
Can’t find the answer you are looking for?
Please speak to your Headteacher, Education Officer or relevant local authority contact for further advice.
