Big Voice London

Model Law Commission

Report 2016

Supported by the UK
Supreme Court

Edited by Victoria Anderson

Published December 2016 by LexisNexis

Foreword note by the Big Voice

London Director
consulting with their peers; all with the aim of devising
a series of reform proposals. This year our students
have tackled a range of challenging and controversial
topics from the rise of hate crime, to the complex area
of environmental law. These young people, all from a
wide array of cultures and backgrounds, have risen to
the challenge presented by the Model Law Commission
and have provided us with what I hope you will agree is
an interesting and well thought out set of proposals.

I have been involved with Big Voice London for over four
years and the talent, determination and intelligence
of the students we work with continues to impress
me year on year. Our students, recruited solely from
non-fee paying schools, are part of a group within
society that is severely underrepresented in the legal
profession in this country. According to research
conducted by the Sutton Trust, 32% of law firm
partners, 71% of QCs and 74% of judges attended
private schools. Big Voice London seeks to address
this problem, by providing a programme of activities,
which aim to make the law more accessible to those
from non-traditional backgrounds. Thankfully, our
feedback indicates that we have had some success
in achieving these ambitions, with student feedback
from last years Model Law Commission indicating that
90% of students felt they were more likely to consider
attending University, whilst 95% indicated that the
programme made a career in law feel more accessible
to them.

Our students would not have been able to share

these ideas without the generous support provided
by experts in their respective fields, who give up their
time to speak to the groups. These individuals guide
our students as they initially get to grips with the current
law, the associated problems and the benefits. We are
extremely grateful for the invaluable contribution they
have made to the project.
We are also indebted to the eleven Big Voice London
Group Leaders who have volunteered their time to
teach the students each week, over the course of three
months, all while undertaking other study and work
commitments. It is with the help of these volunteers
and, of course, the generous sponsors and supporters
that we are able to run projects like these all year round
and we hope to continue to do so for many more years
to come.

Our four key projects, which seek to provide an insight

into law and the legal profession are an Introduction to
the Legal System Project, run in association with the
Supreme Court, an Annual Mooting Competition, a
Summer School, in association with Linklaters and our
flagship Model Law Commission project. The latter
of these programmes, which enables young people
between the ages of 16 and 18 to mirror the work of the
Law Commission, is the only one of its kind, offering
participants a unique insight into legal policy and
reform.

It is with great pride that I now present the report of the

Model Law Commission 2016. I hope you enjoy reading
it.
Victoria Anderson
Director

Over the course of three months the students explore

four distinct areas of law, learning from experts and

Model Law Commission 2016

Contents:
Page 3 Introduction
Page 7 Part One: Property, Family & Trusts: Childrens Social Care
Page 12 Part Two: Commercial & Common Law: Fake Online Reviews
Page 16 Part Three: Public Law: Environmental Law and Climate Change
Page 25 Part Four: Criminal Law: Hate Crime
Big Voice London Logo Designed by Sarah Roberts. Photography and Media Content by Ben Chinnery, David
Carey, Matthew Bayly and Samantha Chinnery. Cover Artwork Designed by Victoria Anderson.

Introduction
Big Voice London
At Big Voice London we believe that all young people, from all backgrounds, should have the opportunity to
share their thoughts on the legal landscape and, for those who choose to, perhaps one day enter the legal
profession themselves. To further this aim, we take students from non-fee paying schools and give them the
chance to have an insight into the law through a variety of events and programmes.
Over the last five years, we have reached hundreds of students from all across London, continuing to
grow and develop our events as we go. In 2011 when Big Voice London was founded, it ran as a small youth
organisation running out of City Law School. Now, in 2016, with the help of our volunteers, Management Board,
supporters, sponsors and a business strategy team at Linklaters, we have successfully registered as a charity.
The formalisation of the project, will, we hope, enable us to grow and reach yet more students.
We are extremely fortunate to be able to name Cohen Davis Solicitors, Carter-Ruck, Horsey Lightly Solicitors
and Lexis Nexis as sponsors of the organisation, in addition to the on going support from Linklaters, Middle
Temple and the Law Commission. We also extend our appreciation to the UK Supreme Court for their
continuing support of our objectives.
The success of Big Voice London is most clearly
exhibited in the achievements of our alumni. At least
one student in this programmes cohort has been
invited to an interview at Cambridge to read law
and many more have been motivated and inspired
to pursue higher education and careers in law. We
have no doubt that as we continue to empower and
engage more students through our programme
of activities over the coming years that we will be
able to share many more stories of our students
achievements, regardless of their background.

Model Law Commission 2016

The Model Law Commission is a three-month long project that provides A-Level students with the chance to
simulate the work of the Law Commission. We split our pool of students into four groups, each tasked with the
reform of one of the following areas of law: Family Law, Criminal Law, Commercial and Common Law or Public
Law. From October to December, the young people undertake a five-stage process: research, formulating
recommendations, consulting with their peers, reporting on their proposals and devising their legislation.
Finally, in late November, individuals from the Law
Commission itself visit our students and advise on the
difficulties in reforming the law and how to write a law
reform report.

Each year, the Model Law Commission begins with

a two-day conference, which this year was kindly
hosted by the University of East London. It is over
the course of these two days, that our students are
introduced to their respective topics by experts in the
field who come from all over the country to speak to
them. The young people then take that information
and over the following weeks discuss reform ideas
with each other, their Group Leaders and their peers.

The results of these weeks of hard work are contained

within this report. This is a reflection of what these
young people believe should be the law governing
these particular issues and is written entirely in their
own words.

Our Students
When recruiting students, our only requirement is that applicants come from non-fee paying schools, we do
not set grade boundaries or have entrance exams, we only ask that students be keen to learn and commit to the
project.
All the students that participate in the Model Law
Commission apply to this project off their own backs.
It is not a school run activity; these are students who
want to learn about and have their voices heard in the
law. That being said, we rely on the continued cooperation and support of the teachers from schools
around London to pass on the message of Big Voice
London to their students. This year, our applicants
came from our largest ever pool of schools, with other
250 schools informed of the opportunity.
With sessions run every week in the evenings after school, this is not a small commitment to undertake
alongside studying for all-important A-Level exams. Despite this fact, our call for applications in 2016 received a
record response of over 100 applications, meaning that we were unable to take everyone we wanted. We hope
that as we expand, we will be able to provide this valuable opportunity to more ambitious young people.

The Authors/Commissioners
The young people that have contributed to this briefing paper are:

Part One: Property, Family & Trusts: Childrens Social Care

Anisha Noshin

Mary Bonsu

Annaliese Jackson

Medani Imtiaz

Baran Bayir

Michael Okojie

Dnieccio Mitchell

Myra Christodoulou

Ellen Collins

Nahid Ahmed

Enisha Patel

Nuha Chy

Farnosh Tolou

Prabhjot Parmar

Gina Richards

Rahma Al-Dabbagh

Grace-Rachel Achiaa

Rejanur Rahman

Hamzah Abbas

Safa Hussein

Ibraheem Hussain

Sanah Mahmood

India Lindsay

Shalom Ajala

Jamila Khatun

Shannon Reddington

Jenny Sacaj

Syeda Tazeen Gilani

Jill Arundhu

Tanay Patel

Joshua Lawrence

Taznim Aktar

Juste Rudminaite

Tijesunimi Adeagbo

Laura Somanska

Urvashi Balgobin

Marthina Amarachi

Winnie Adebayo

Part Two: Commercial & Common Law: Fake Online Reviews

Aminah Habib

Jennifer Boadi

Anita Kamara

Kainat Baig

Ashleigh Gabriel

Kandeel Shah

Blessing Eze

Minhal Shahid

Erikas Mikusauskas

Naqeeb Ali

Fatima A Halim

Sabrina Daramola

Gabriel Ogabe

Saffron-Lucia Gilbert-Kalua

Jamima Hussein

Vivian Matthews

Jeff Vincent Santiago Torio

Part Three: Public Law: Environmental Law and Climate Change

Alex Johnson

Pamela Consistente

Andrew Wolckenhaar

Poppy Blackshaw

Dhevia Sharma

Sania Shah

Harvinder Bharj

Sila Ozkan

Kyieron Clarke

Thomas Mulligan

Part Four: Criminal Law: Hate Crime

Abdullah Sekin

Laura Szomanska

Annine Ngesang

Megan Porter

Callum Steele

Mudia Abifade

Chazi Mwale

Nishta Pandit

Deborah Longe

Nyrose Kardasi

Elena Atalay

Rosie Asplin

Emily Rose Lee-Williams Potter

Simran Rupal

Ghazala Moosa

Tasnim Ahmed

Johan Xyrielle Repato

Varun Valla

Big Voice London Volunteers

Director of Programmes: Louise Ketley
\

Co-ordinator: Sophie Catchpole

Property, Family & Trusts Team: Elly Nowell, Elly
Sharrock and Shannon Knight
Commercial & Common Law Team: Sam Way and
Sophie Catchpole
Public Law Team: Nadia Aumeer and Peter Wat
Criminal Law Team: Joyce Sun Xiaoning, Nicole
Demarlo Taylor, Raida Peermahomed,
Sgolne Lapeyre

Acknowledgement
We are extremely grateful to the LexisNexis team for kindly sponsoring this publication and for their continued
support of the Big Voice London project. We would also like to thank the Big Voice Management Board for
their assistance in bringing the Model Law Commission to life.
Ayath Ullah

Nim Njuguna

Daveena Ogene

Richard Bolton

Farhan Dawood

Steven Barrett

Henry Engelsman

Yair Cohen

Louise Ketley
Big Voice London, December 2016
www.bigvoicelondon.com
Email: [email protected]

Disclaimer
The work, recommendations and opinions contained in this report are solely those of the student authors
listed. The views expressed do not represent those of any other external organisation or individuals, including
guest speakers listed in this report and the UK Supreme Court and the Law Commission. Big Voice London
is an entirely independent organisation, and while we value the ongoing support and guidance of many
organisations all views expressed are our own.

Part 1: Property, Family & Trusts

Recommendations on the laws governing the operation of childrens social care.
Compiled with thanks to:
Damian Stuart, 14 Grays Inn Square
Professor Jane Tunstill, Kings College London
Shu Shin Luh, Garden Court Chambers
Tony Harrop-Griffiths, Field Court Chambers

Introduction
After three months of research and discussions, we are proposing three main areas of reform to Part 3: the
definition of welfare, the definition of disability and clearer rules governing which Local Authority should have
the primary responsibility of caring for a relevant child. We make three core recommendations:

to adapt the definition set out in s1(2) Care Act 2014 and to introduce this into the law of Child Social Care;

to modernise the current definition of disability by adjusting the definition set out in the Equality Act
2010; and

to reduce disputes between Local Authorities by implementing clearer rules about when an Authority has
the main responsibility to provide care.

Methodology
For this report we approximately followed the four stages of the Law Commission: pre-consultation,
consultation, policy development and reporting. During the pre-consultation phase we analysed Part 3 of
the Children Act 1989, in particular its flaws. We met with multiple accomplished family lawyers and experts
in Child Social Care such as Shu Shin Luh, Tony Harrop-Griffiths, Jane Tunstill and Damian Stuart to gain
their perspective on the practical application of these laws. We then conducted a detailed survey with 54
respondents to collect the views of the general public for our consultation. Thirdly, we engaged in policy
development where we intensely debated proposals. Submitting the report is the final stage of our process.
We also met with the Law Commission and received advice on how to structure our report and the how to
assess the implications of our reforms.

Context and Current Law

The 1989 childrens act was originally established to consolidate and reform family law in regards to children,
this single act replaced approximately 32 acts that consisted of ambiguous language in which the law was
difficult to interpret and exercise, and in effect brought private and public law into one framework. The act
was split into 3 parts each setting out a key principle of the legislation, the first being that the interests of the
child are of fundamental importance in all decisions made about his/her welfare.
In the Act itself, Parliament implemented some fundamental changes in the approach of Child Social Care,
for example the Act replaced the concept of parental rights with that of parental responsibility, reflecting
Parliaments view that parenthood was a matter of responsibility not rights and introduced the welfare
principle which was designed to be a consideration whenever deciding any question respecting the upbringing
of a child. The Children Act 1989 sets out the process for assessing when a child is in need, outlining when a
child is in need and whether local authority or a school takes responsibility.
When making the law the government addressed the key issues, as were relevant in the context of the law and
social context in the 1980s. Since the implementation of the Children Act 1989, there have been numerous
refinements to the Act, through case law, statutes and secondary legislation. This has created a system which
no longer as clear or as accessible as it should be.

When considering the law and any reforms to the law in this area, we considered any impact it has in the wider
context by looking at the economic and social context of an area of law that reflects the interests of many
different stakeholders.

Economic Context
Economic context is a key factor when making the decision to reform the law of Childrens Social Care. Money
runs our world, including the state and the law, meaning it has placed restrictions on what we wish to do. In an
idealistic world, the authority (state) would have the funding and ability to support anyone with housing needs.
However, financial restrictions, such as the affordability and availability of housing, has limited the amount of
resources that are available to the state, and therefore available to the public.
Other financial expenditures such as background checks, training, the hiring of lawyers and social workers, all
cost money which, frankly, the state cannot afford. The cost to take a case to court is high when you round up
all the legal fees. Due to this, while it may seem in the best interest to change the word power to duty, we could
be putting a strain on the state, who now have to make sure they provide for children in-need, even when
funding is low. This could lead to inadequate housing or legal misrepresentation, because it is what they can
afford at the time. It might be advisable to wait until the state has funding so that they can do a more effective
and thorough job when supporting a child in need.
Furthermore, while we may argue it is a good idea to increase the pay for foster parents, we must think about
the implications this can have. It is logical that the public fears that more importance will be placed on the
money rather than the child in need. There are cases where foster parents do not provide a caring and
nurturing home for the child as they see it as a job, not a moral duty that they have agreed to. Children are
not a means to pay bills and with the increase in pay, added to the desperation of the state to get more foster
parents to supply the high demand for them, untrained and unqualified parents end up having control over
socially vulnerable children.
Overall it is imperative that we consider the economic state of the authority before pushing for change. It
would be fair to say that England is still experiencing the effects of the 2008 banking crisis, as well as the
current consequences of Brexit, which have put a strain on our economy, as evident in the drop of the pound.
This has caused the government to make financial cuts to certain sectors. Can we say that foster parents are
more important than the NHS or the education system, and therefore deserve more money?

Social Context
The social and political contexts intertwine in their effects on the reform. As seen previously, through the
state played an interventionist role in the matters of a childs life, removing them from the home if the parents
were indicated as unfit to take care of a child. However, our current society prefers the rights of the parent
over the power of the state, thinking it better of the state to take a more relaxed role and work with the parents
to improve the home life for the child. It could be argued that this view has arisen from societys knowledge
of the damaging effects going into care can have on a child. Studies have shown that children in foster care,
or who have had their relationships with parents interrupted, have a higher chance in committing crimes, or
having unstable relationships themselves. The socialisation of the child is imperative if they are to become a
productive and well-adjusted member of society.
Parental rights are also highly considered amongst adults. The majority of people would argue that it is in the
best interest of a child to stay with their parent, not just for the childs sake, but for the parents. Most parents
have a loving and nurturing relationship with their child, and the idea of them being sent into care brings about
the fear of the unknown. The parent doesnt know who is receiving their child, or what the environment is going
to be like for their child. This worry is built upon by the fear of not only the short term but also the long-term
effects that foster care will have on a child.
On the other hand, while we still consider the rights of the parent, we argue (in cases of abuse and neglect)
that a parent throws away their parental rights to a child. If the state has to get involved for financial reasons,

when the parents are loving and nurturing, then the state should work with the family, rather than intervene.
However the childs safety take priority over parental rights, so in cases of abuse and neglect the state should
take an interventionist role and remove the child immediately, as to avoid any further harm to the child.
Linking back to economic context, while a childs safety is important, people question the cost on taxes that
this approach will have.

Proposed Reforms
Welfare/Well-Being Definition
An issue with the Children Act 1989 is that it does not provide a clear and understandable definition for the
word welfare. In fact, it simply places a duty on local authorities to safeguard and promote the welfare of
children in their area who are in need. Collectively, we have decided that this statement is far too broad and
doesnt provide an exact definition that local authorities can understand and act on when needed. Through
this, the court has regard to a checklist under section 1(3) to assist its decision-making. It acts as a guideline
for courts but as stated previously, it doesnt provide enough clarity to what welfare should actually be
defined as. Further to this, it does not provide specific actions that can be taken and is particularly insufficient
when determining whether someone is eligible for certain incentives that are provided for people who come
under the term welfare.
We suggest that the use of a checklist, rather than providing a specific definition is a big issue as it makes
it difficult to decide what the word actually means. It creates a sense of ambiguity as it is not clearly stated
how or when a child lacks welfare. Rather, it is left to the local authorities to decide, which can often lead to
them unintentionally ignoring issues. However, this issue can also be attributed to the lack of actions that are
provided for local authorities. This therefore creates issues as not only do local authorities lack the definition
that helps them determine whether the child is in need but it also lacks specific instructions on what they
should do once they have determined whether or not a child is in fact, in need
Due to all the above factors, we decided to create a definition that incorporates the Welsh definition which
is used in the Social Services and Well-Being (Wales) Act 2014 as well as the definition provided in the Care
Act 2014 for adults and integrating both to form one finalised and clear definition which can be applied to
children. The welfare of a child is defined as:
a. Physical and mental well-being;
b. Social inclusion;
c. Financial stability;
d. Access to full time education, training and recreation;
e. Suitable shelter and accommodation that follows health and safety regulations;
f.

Protection from physical abuse and (physical) neglect;

g. Protection from emotional abuse and (emotional) neglect;

h. The feeling of contentment and emotional stability;
i.

Personal dignity (including treatment of the child and respect);

j.

Domestic, family and personal relationships; and

k. Control by the individual over day-to-day life (including all care and support, or support, provided to the
individual and the way in which it is provided).
The definition set out in s1 of the Care Act 2014 is particularly useful because it makes it clear about what does
and does not come under welfare. Having certainty about what is included under the definition of welfare
is advantageous, because it clarifies to Local Authorities about when assistance is necessary, and could
prevent local authorities from abusing their discretion to intervene. Having a clear, yet sufficiently broad
and flexible definition would ensure that people do not abuse the resources provided to them, as this new
definition limits issues which come under the meaning of welfare. Additionally, 92.6% of respondents to our
survey agreed that the above provides a satisfactory definition of well-being.

Further to this, we believe that the above term excludes any ambiguity that was present due to the absence
of such a definition in the Children Act and ensures people are aware of what exactly welfare is defined as. It
ensures clarity and allows local authorities, social workers and the general public to fully understand the law
that may apply to them. Unlike now where there is a risk of local authorities abusing the power granted through
a vague definition, or decisions being made on a poor understanding of what welfare includes.

Disability Definition
We are looking to reform the definition of disabled in the Childrens Act 1989 to create a more cohesive
and unified idea of what disability across the board and to eliminate any confusion about the definition. The
current law under s17 Childrens Act 1989 is:
a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially
and permanently handicapped by illness, injury or congenital deformity or such other disability as may be
prescribed; and in and in this part

development means physical, intellectual, emotional, social or behavioural development; and

health means physical or mental health.

One issue with the definition is the stigmatized language used such as disorder and dumb. In the survey we
carried out, 75.5% of people said that they had negative connotations with the word disorder. Another issue
is that in this definition, the word substantially is not defined, whereas in the definition of disability in the
Equality Act 2010 the word substantially is defined as substantial is more than minor or trivial, e.g. it takes
much longer than it usually would to complete a daily task like getting dressed. In addition, the use of the word
permanently is problematic because sometimes disability cannot be categorised as non-permanent or
permanent, for example Cancer.
Another issue with this definition is the use of the word disability in or such other disability as may be
prescribed this creates a circular definition as this refers back to the above definition of disability and further
excludes those who could be seen as disabled but do not fit the criteria. After consulting experts in Child Care
law we concluded that this definition is not a substantial issue in practice. However, we felt that it was an area
that still needed some clarification; codification of the change would also make the law more accessible to
the public as the language is not so complex and could be found in one place.

Objectives of reform
Our objective is to firstly modernize this definition by using language that does not have negative
connotations and create more clarity by providing a clearer definition that is easier to follow. We want a
definition that considers disabilities that didnt exist at the time this definition was written, for example
Autism. In addition, in order to create more cohesiveness, as we believe its more beneficial to have a
definition that is not too restrictive, a definition that is specific but doesnt over exclude.
We would like to adapt the Equality Act 2010 definition of disabled: Person has a disability if the person has
a physical or mental impairment. The impairment has substantial and long term adverse effect on persons
ability to carry out day to day activities. However, with some revisions to tailor it to children:
i.

Day to day activities needs to have more guidelines so that its not so ambiguous. As it is the case that
day to day activities could be seen as many things. We asked in our survey what people considered
as day to day activities and the answers ranged from using public transport to playing sport or
exercising to going to school Currently, there is only one guideline which is such as getting dressed.
We believe that this is not sufficient. In addition, it could be argued that day to day activities are not just
different from person to person but it is different for adults and children for example, it is believed that
children have the right to play as daily activities, in order to achieve optimum mental development.

ii. Long term in the definition is described as 12 months or more, however we thought that this could be too
long for a small child, where 12 months is a huge proportion of their lifetime for example, a three-year-old
child. 53% of people who participated in our survey described long term as less than twelve months.

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Options for reform

Option 1: Do nothing.
Option 2: Copy the definition of disabled from the Equality Act 2010.
Option 3: Copy and adjust the definition of disabled from the Equality Act 2010 to suit children with the
revisions stated above.
We chose option 3 rather than option 1 because there is already a definition of disabled from the Equality
Act 2010 that is easily adapted to this law without going through a timely process of creating a new definition.
We chose option 3 rather than option 2 because this would make the legislation as suitable as possible for
childcare.

Which Authority should be involved?

In regards to reform of the Children Act 1989 part III, due to disputes over which Local Authority must provide
services of care (if any) to a child deemed in need and ambiguities with the appropriate Local Authority we
have decided to reform s23A and s17 of Children Act part III.
ss(4) of s23A in reference to ss(1) describes the responsible local authority as the one which looked after
the child first. Also in S17, provision of services for children in need, their families and others, the general
duty of every local authority is to safeguard and promote the welfare of children within their area. Thus the
current legislation in regards to appropriate local authority and responsibility to provide for in need children
says that the two criterions are area referring to proximity and location and initial care or local authority who
has already provided the child with care/services first.
Reform of the current legislation would comprise of firstly the duty of care allocated to appropriate local
authority in line with aforementioned area but specify more clearly by type of care to be provided:
a. If the care is to be provided in education or within means of the childs schooling care/services are to be
provided by the local authority of the school. In this case the responsible local authority refers to the
local authority of the school borough [area]. This is in accordance with the results of our survey, where
55.6% of respondents said that the school authority should be most involved in a childs life in terms of
schooling.
b. Where provision of care is required to do with accommodation, housing and/or transport, the care to be
provided is to be by the local authority of where the child currently or previously has resided/lived for a
prolonged period of time/the longest time.

Conclusion
In conclusion, we understand that a majority of reforms concerning childcare are restricted due to funding
issues however with regards to the definition of disability we feel as if the current law is out-dated and must
be reformed in order to be inclusive and make the law more accessible to the public especially if there is a
definition that is easily adapted. In addition, reform is needed due to the lack of clarification in the definition
of welfare. Not stating what falls under welfare has caused loopholes in the statute allowing the state to abuse
their power. Our reform for a new definition has eliminated this opportunity to abuse this section, as well as
implementing a larger focus on emotional abuse and neglect and including new criteria such as happiness. By
making it more clear which local authority should get involved in a childs life this will mean that the authority
that is chosen will be able to carry out their responsibilities more effectively as the more suitable local
authority will be the one that is chosen.

11

Part 2: Commercial & Common Law

Recommendations on the laws governing fake online reviews.
Compiled with thanks to:
Godwin Busuttil, 5RB Chambers
Greg Callus, 5RB Chambers
Thomas Samuels, Gough Square Chambers
Yair Cohen, Cohen Davis Solicitors

Introduction
Fake online reviews pose a variety of problems for consumers and businesses. Whilst there are areas of
existing law which may provide a remedy, we believe that these are inadequate to address the core problem.
We therefore propose the following reforms:
1.

An enhanced regulatory response through the creation of a new department in the Competitions and
Markets Authority (CMA);

2. The creation of a new criminal offence to penalise those who write or procure fake online reviews; and
3. Education to bring the extent of this problem to public attention.

The problem
A fake review is defined by the CMA as any review (whether positive, neutral or negative) that is not an actual
consumers honest and impartial opinion or does not reflect a consumers genuine experience of a product,
service or business.1 Whilst not all fake reviews are online, the internet has given reviews more prominence.
Writing a fake review is unfair on a consumer as it contravenes good professional practice and it is likely to
distort the economical behaviour of average consumer. Our consultation found that more than half of the
adults in Britain use only review websites such as Amazon, Tripadvisor, Expedia, and Checkatrade to find the
best deals, but their impressions are distorted by the growth of a market for fake reviews. In several cases
some rival companies were posting disparaging remarks about each other to cloud the judgement of potential
customers.
Review websites are a vital part of many peoples research. Misleading or fake reviews undermine consumers
confidence in integrity of online reviews. Our consultation found that confidence in online reviews reduced
after people were alerted to the fact that many reviews may not be genuine.
Another risk is the development of a lemons market, meaning the consumer is unable to distinguish
between quality products and services and possible defective or inferior ones, competition can suffer. This
could drive down prices and quality.
A loss of trust in reviews will also lead to review sites going out of business as less consumers use them.
Eventually this harms the consumer as they longer know whether they are getting the best value for price.
It also means consumers will rely more largely on advertisements and marketing of the goods or services.
Larger firms who have large revenues will be able to invest more into these campaigns, a smaller firm may only
be able to invest less. This leads to a larger increase of demand for the larger firm even though the good or
service may have been of the same quality.

1.

Online reviews and endorsements: Report on the CMAs call for information, available at https://www.gov.uk/government/uploads/system/
uploads/attachment_data/file/436238/Online_reviews_and_endorsements.pdf

12

A further problem is the commissioning of fake online reviews. Some firms purposely hire individuals to post
false negative reviews about a competitor, or false positive reviews about themselves. 2 The main intention of
this to harm the competing firm, with the hope that consumers will switch to buying their product or service.

The current law

The Consumer Protection from Unfair Trading Regulations 20083
We believe that The Consumer Protection regulations are insufficient to cover all aspects of fake online
reviews.
Section 3 and 5 of The Consumer Protection from Unfair Trading Regulations may address the practice of
positive fake online reviews. Under regulation 5 (2) (a), a practice is misleading If it contains false information
and is therefore untruthful. However, the Regulations also rely on the economic impact of fake online reviews.
The practice is unfair if it causes or is likely to cause the average consumer to take a transactional decision
he would not have taken otherwise and it materially distorts or is likely to materially distort the economic
behaviour of the average consumer. This may be difficult to prove in practice.
Further, the Regulations have limits concerning their ability to successfully address negative fake online
reviews. It would be very difficult to prove that a negative review materially distorts or is likely to materially
distort the economic behaviour of the average consumer.

The Defamation Act 2013

Section 5 of the Defamation Act 2013 applies to operators of websites.
5. Operators of websites:
1.

This section applies where an action for defamation is brought against the operator of a website in
respect of a statement posted on the website.

2.

It is a defence for the operator to show that it was not the operator who posted the statement on the
website.

3. The defence is defeated if the claimant shows that

a. it was not possible for the claimant to identify the person who posted the statement;
b. the claimant gave the operator a notice of complaint in relation to the statement; and
c. the operator failed to respond to the notice of complaint in accordance with any provision contained
in regulations.
However, the Defamation Act has its limitations. It will only cover false negative online reviews that are
defamatory. Nevertheless, this legislature is insufficient when it comes to false positive online reviews as it
can equally destroy a business or distort the consumers economic choice. Therefore, legislation has to be
implemented to combat this misdemeanour to reduce its level of occurrence.

The Fraud Act 2006

The Fraud Act may be of some use in combating fake online reviews. A key attribute is the breadth of its
application. The Fraud Act states that an individual commits an offence if they dishonesty make a false
representation. A representation is false if it is untrue or misleading. However, it is unclear whether this is
sufficient to cover the representations made in reviews. For example, it is unclear whether the law extends
to contend that persons other than the business operator has posted on the website. Does this count as
misrepresentation?

2.

Supra n1

3.

SI 2008/1277

13

Furthermore, the current legislation simply mentions in section 2 that one must make the false representation
to cause loss to another or to expose another to a risk of loss. A person is in breach if he causes loss to
another [or he exposes] another to a risk of loss. However, in real life scenarios, which may take place online,
one may not be putting another in any risk at all and so they would be abiding by the law, despite their intention
being dishonest.
Ultimately, although the practices described above may be described as fraudulent, it is unclear whether
the Fraud Act provides a sufficient tool to combat them.

Our proposals and their impact

A regulatory solution
The CMA should create a new department on fake online reviews. The CMA is an established independent
governmental body regulating businesses deals with issues concerning businesses.4 We therefore believe
that the issue of fake online reviews falls within their powers.
The new department should focus on regulating/limiting issues concerning fake online reviews. In addition,
it should consist of being responsive to complaints and should have maximum authority on the regulations
concerning online fake reviews.
Moreover, the department should create regulations aimed at fake online reviewers (consumers) and punish
them through a fine. It should also ban entities, such as Amazon, providing a discount or giving products for
free to review to consumers with an incentive to make them give a good review of the product. It should serve
as an advisory body to influence implementation of the legislation concerning fair competition and fake
online reviews.
We propose that this new department could set the standard for online reviews in two ways.
The first concept proposed is a Trusted Review concept. Reviews on a product should be restricted to those
where it can be proved that the product was bought on the site. The second concept proposed is a review
application for smartphones. This concept is about developing a simple app where users can register with
their personal information and leave reviews. The following options could be made available on the app to
ensure genuine reviews:
1.

geo-tagging at the location of a service;

2. uploading pictures with reviews; and

3. the introduction of QR codes/barcodes on receipts which the customers can scan to leave a review.
This method ensures that only authentic customers leave reviews.
Furthermore, the department should have the power to require a business to give undertakings in relation to
their future conduct regarding online reviews, and, where necessary, impose injunctions. Persistent offenders
should be subject to a fine.

Criminalising fake online reviews

We have considered whether criminal liability should be imposed on either individuals who post fake reviews,
or on businesses that commission them. We believe that both acts are sufficiently serious to amount to
criminal acts.
There would only need to be one element to the actus reus which would be an individual and/or independent
reviewer(s) posting an online review which could be classed as misleading or containing false information.
The definition of the word fake meaning something not genuine must be taken into consideration when
discussing the actus reus.

4.

Supra n1

14

To prove the mens rea of posting a fake online review the defendant must have posted the fake review with
the intention of misleading a customer with a dishonest comment. The dishonesty of the comment must
be genuine and intentional to either dissuade a customer from buying a particular product or to persuade a
costumer into buying a product.
For a business, the actus reus would be that business causing an a fake review to be posted online. The mens
rea would be that they needed to do so with the intention of making a financial gain from the fake review being
posted online.

Indirectly addressing fake reviews

We have considered whether the problem of fake online reviews could be better addressed in an indirect way.

Education
We propose a lesson on false reviews in citizenship lessons in secondary school and further education
institutions. This educational strategy aims to raise awareness of the existence of false online reviews. The
quiz would serve as a reminder to all pupils to not entirely trust what they read online.
We also propose a media-based education campaign. This would be funded by the government and would
seek to publicise the convincing nature and prevalence of such reviews in order to raise public awareness.
This would conceivably lead to more informed purchasing decisions by consumers and a potential decrease
in the 23 billion that is currently wasted per annum due to the misled purchasing decisions that fake online
reviews lead to. We would argue that such an approach is necessary as 63% of those who responded to our
consultation stated they were unable to recognise a false review from a genuine one. 53% had never even
suspected many reviews were false.
As the publicising of the prevalence of fake online reviews would arguably lead to a diminished level of public
trust in reviews, there poses a financial incentive for online retail platforms to privately implement reviewregulating measures to regain confidence of consumers.
The cost of a public awareness campaign would be minimal. It could be assumed that the educative campaign
proposed for online reviews would entail a similar cost to that of the early 2011 media based campaign5 run
by the government to promote bowel cancer screening. The cost of this amounted to 1.6M for the pilot
campaign resulting in a cost of 0.22 for each person in the UK over 30.6 Fake online reviews impact industries
worth around 23 billion per year.7 We therefore believe a small investment of taxpayer money is necessary
it will lead to taxpayers saving millions in the future. 63% of those who responded to our consultation stated
they were unable to recognise a false review from a genuine one, 53% had never suspected many reviews
were false. Education would raise public awareness of the issue.

A pop up
An idea to combat this issue would be to create a pop up disclaimer which would appear before the customer
is able to post any sort of review on any website. The pop up would explain the effects of posting a false review
to any site and consequences if the individual still decides to do so. The individual would then have to confirm
that they still want to post the review after having read the disclaimer. This is a method of deterrence as once
seen will make the customer think twice before posting. Our consultation results showed that 84% of people
would not post a false review if the pop up was in place.
Moreover, the CMA should control businesses on their instalment of the pop-up system. The pop-up system
will act as a deterrent to prevent disgruntled fake online reviewers in posting fake online reviews. We believe
that this will not impose a heavy burden on website operators, and would help address the problem in two
ways. First, it would act as a deterrent for people to post fake reviews. Second, it would raise awareness that
many people do post fake reviews.
5.
6.
7.

Evaluation of the Bowel Cancer Awareness Pilot in the South West and East of England: 31 January to 18 March 2011 available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/215106/dh_133125.pdf
Supra n5
Supra n1
15

Part 3: Public Law

Recommendations on the laws governing the operation of environmental law and climate change.
Compiled with thanks to:
Alison Ratliff, Friends of the Earth
Fiona Harvey, the Guardian
Jake White, Friends of the Earth
Michal Nachmany, London School of Economics
Tallat Hussain, White & Case LLP

Introduction
Climate Change is the change in global or regional climate patterns attributed largely to the increased levels
of atmospheric carbon dioxide produced by the use of fossil fuels. Climate change not only affects our
economy. There is the danger of further polarizing society as it is the vulnerable populations around the
world that suffer the most. Simultaneously, direct or indirect polluters face the least incentive with respect
to climate change mitigation. The externality problem in combination with the embeddedness of fossil
fuels in modern economies makes climate change a complex issue from a policy standpoint. Currently, the
frequent emission of greenhouse gasses into our environment has caused the planet to reach a point of
no return. According to experts, even if we were to stop burning fossil fuels immediately, there will still be
islands underwater by 2050. This leads to the disappearance of major coastal cities such as Manhattan and
Brighton in the UK alone. From health to livelihood, individuals are going to be affected in several ways. These
include the loss of wildlife and ecosystems, damages to natural resources, unpredictable and severe weather
patterns, greater risk of disease epidemics, healthcare costs, resource related conflict and violence and loss
of livelihoods and homes.
The Paris agreement which was sealed on the 22 April 2016 is an agreement within the United Nations
Framework Convention on Climate Change (UNFCCC). Its purpose is to deal with greenhouse gases
emissions mitigation, adaptation and finance starting in the year 2020. The goal is to keep the temperature
rise from pre-industrial levels to within 2C and to potentially contain this to within 1.5C. Whilst hailed
as a landmark agreement, current commitments appear to only prevent the rise to between 3C and
4C. Furthermore, there are difficulties in transitioning existing economies, infrastructure and consumer
behaviour that threaten to halt the progress of action against climate change. Responding to these policy
challenges requires a holistic approach and our recommendations aim to do this. Our recommendation
on diesel vehicles is a reflection the political salience and urgency of air pollution as a health issue. The
recommendations on meat taxation are a response to the move from an 80% reduction in emissions to
a 100% reduction in emissions by 2050. Farming and agriculture are the hardest sectors to decarbonize
and the Paris agreement places a downward pressure on emissions from these sectors. These policies are
supplemented by education and training with the hope of facilitating behavioural change at a human level
and anticipating the potential consequences of climate change policy. Finally, we propose a strengthening of
courts, tribunals and environmental bodies through the use of binding obligations on public decision makers
to prioritize climate change issues

16

Recommendations
Clear Air Regions and Pollution Tax Influences
Nitrogen dioxide has been at illegal levels in 90% of the countrys air quality zones since 2010 and largely
stems from diesel vehicles. Air pollution costs at least 27.5bn8 a year and is referred as a public health
emergency. Clear Air Regions (CAR) should be implemented to reduce the risk of health-associated
effects from Nitrogen dioxide and reverse the detrimental effects that excess NO2 output has on the local
environment. It is expected that any policy change along these lines will significantly impact end users,
customers, and suppliers so it is important to note the extent of those impacts. By implementing CAR, the
sales of certain cars will decrease if they are not compliant with the policies set out below. To this effect,
therefore, it is expected that automotive manufacturers will respond negatively and will push for less stringent
changes. However, as this report is citing major changes, it is imperative that possible impacts from the
industry are mitigated, therefore this scheme will not come into effect before 1 January 2019 to ensure that
manufacturers have enough time to change their model ranges to include vehicles that will be compliant with
the incoming changes.
CARs are designed to limit the use of diesel vehicles in three cities, (Birmingham, Leeds and Nottingham),
with the goal of reducing NO2 output. These cities were chosen as they have consistently exceeded their
allocated targets for pollution output. It is important that action is taken in order to achieve the limit in the
soonest possible time and by 2019 at the latest to come into line with EU targets. This can be done through
combinations of road usage efficiency schemes, such as switching to different forms of transport (e.g. use
of Park and Ride), road improvements, improved signage, and infrastructure for alternative fuels (e.g. roll out
of electric charging points). To ensure this action is delivered, legal requirements must be imposed on the
local authorities in these cities to implement CAR. Government must allocate funding to help local authorities
implement this scheme and support them in dealing with any associated issues. Government must also
review the effectiveness of such measures and take further action if needed to ensure NO2 requirements are
met if this appears to be in doubt.
Currently London has the highest NO2 output in the UK.9 The size and complexity of the Capitals transport
networks and construction activity from accelerated growth means the task of reducing NO2 emissions is the
most challenging in the country. However, various schemes have been rolled out across London to reduce
pollution output. These have been met with varying levels of success but all have had an impact - the following
are examples of the most effective schemes:

Reduce emissions from buses. By 2016, NOx emissions from the London bus fleet will have been halved
compared to 2008.

Reduce emissions from taxis. The introduction of an age limit for taxis has retired the most polluting taxis,
and from 2018 new London taxis will be required to be zero emission capable;

Both schemes have been remarkably effective and relatively easy to implement due to their phase in
approach. Similar schemes should be followed in the three mentioned cities as they have proved effective in
reducing NO2 output. It is schemes such as these that will form the core policy of CAR.
The three main policy recommendations for the initial roll out of CAR will be:

A postcode tax in certain areas where sales of the most harmful diesel are most frequent. The goal
of this policy is to reduce the sale of Chelsea Tractors in urban areas which do not provide the same
challenging terrain as rural areas do.

All public transport must by 2020 must meet Euro 6 standards. This would reduce the amount of harmful
NO2 pollution in central areas.

8.

Damian Carrington, Action to Combat UK Air Pollution Crisis Delayed Again The Guardian (10 November 2016) <https://www.theguardian.
com/environment/2016/nov/10/action-to-combat-uk-air-pollution-crisis-delayed-again> accessed 15 December 2016.
Simon Birkett, Guide to Sources: London Has the Highest Levels of Nitrogen Dioxide of Any Capital City in Europe <http://cleanair.london/
sources/guide-to-sources-london-has-the-highest-levels-of-nitrogen-dioxide-of-any-capital-city-in-europe/> accessed 15
December 2016.

9.

17

A Road Efficiency Programme (REP) must be set up in each urban centre of all three cities to ensure
road capacity is being used efficiently. The goal of this is to reduce the amount of NO2 produced by
vehicles idling at traffic lights. To complement this, previously neglected regions must have an Electric
Sustainability Assessment (ESA) carried out. This would determine whether using electric vehicles in
urban centres as an alternative mode of transport is feasible or not.

It is vital that current legal requirements are met if we wish to reduce NO2 output in the shortest time possible.
These include ensuring that the emission standards for Euro 6 diesel vehicles, Euro 4 petrol vehicles and Euro
6 HGVs, buses and coaches are adhered to across CAR.

Restrictions on Meat Consumption

It has been noticed that the consumption of meat is resulting in atmospheric emissions. Pastoral farming
exploits resources and land through deforestation and excess grazing. A report from The Guardian has stated
that pastoral farming is a serious issue and that reducing it and the consumption of meat has a significant
impact on current emissions. The result of deforestation caused by pastoral farming means that there will
be fewer forestation that removes greenhouse gases from the atmosphere otherwise known as a carbon
sink. Institutions like National Geographic, Friends of the Earth, the Grantham Institute acknowledge that
the current rate of deforestation contributes to issues surrounding climate change and the loss of habitats.
The Government needs to implement laws and policy recommendations to deter people from continuing
with their contribution to climate change. Raising awareness and reducing pastoral farming would help to
reduce the destruction of land and exploitation of resources, and therefore mitigate the harm caused to
the environment and to peoples health. By reducing the consumption of meats and pastoral farming, we
are aiming to lower carbon emissions in the UK and become one step closer to meeting our current carbon
emission targets. This is also an opportunity for the UK to lead in climate change action. The proposed ideas
are long-term targets with a transition period.
Meats can also be taxed on to incentivise people to pick cheaper alternatives.10 Increasing taxes on meat
products and decreasing prices of substitute products, such as Quorn would make cheaper protein
alternatives more appealing. The profit generated from these taxes should incentivise meat substitute
producing companies, so that when they lower prices on what they produce, they do not hit a sudden loss.
In addition, nudge strategies can be deployed at the consumer level. This could be done by placing meat
substitute products next to meats, placing meat products at the bottom and lower shelves and by placing
limitations on advertising.
Those that would be the most affected would be businesses that produce and sell meat to supermarkets
and stores, as they will have to try and reduce the amount they produce over a period of time and could face
a loss in customers, and therefore a loss in profit. However, to cover these costs, these businesses will be
selling their products at a higher price; therefore, they will get a better value for every unit they sell. Companies
should also be offered a fairer deal on every unit they sell. Companies that produce and sell meat to stores
and supermarket could sell their products at an increased price which will generate more profit. However, this
will need to be a part of a gradual process as social groups of people can rebel against this action if it is put in
place. Taxes should be put on meat products at a lower rate and should be increased over time so people can
see the gradual increase in price and can still buy meat if they want to. Taxes should also be increased in line
with updated policy research for example, a recent study suggested that a 40% surcharge on beef would
result in a 13% decrease in consumption.11 Businesses that sell meat substitutes will also be affected, as they
will have to try and reduce their prices. However, to cover any losses, they will be given a fairer deal for every
unit that they do sell, increasing the value for what they produce. Consumers are impacted by the increased
prices of meat. The key challenge going forwards will be mitigating these effects through the provision of
meat-alternatives at a low cost whilst simultaneously protecting business interest.
10.

11.

Damian Carrington, Tax Meat and Dairy to Cut Emissions and Save Lives, Study Urges The Guardian (7 November 2016) <https://www.
theguardian.com/environment/2016/nov/07/tax-meat-and-dairy-to-cut-emissions-and-save-lives-study-urges> accessed 17
December 2016.
Marco Springmann and others, Mitigation Potential and Global Health Impacts from Emissions Pricing of Food Commodities (2016)
advance online publication Nature Climate Change <http://www.nature.com/nclimate/journal/vaop/ncurrent/full/nclimate3155.html>
accessed 17 December 2016.

18

Education - National Curriculum

In 2013, the Department of Education removed climate change from the national curriculum meaning it can
only be studied in Geography or as a unit in Science. There have been concerns that this would result in less
awareness of the importance of climate change. Although our statistics have shown that 98% of people are
aware of the issue of climate change, the problem itself lies in the improvement on the quality of knowledge,
as well as how behaviour and lifestyle can create environmental impacts. Our objective is for the Department
of Education to recognise that creating provisions for climate change studies or activities, for Key Stages 3 and
4 pupils, will help to emphasise moral virtues, ethical motivation, and ability to work with others to help build a
sustainable future.
To accomplish these objectives, there should be a reorientation of the current curriculum to place a larger
emphasis on climate change and a focus towards sustainability. Currently, section 2 of the Education Reform
Act 1988 states that the basic curriculum should include religious studies; Climate Change Studies could be
integrated into this section after 2(1)(a). This would have the effect of placing Climate Change Studies within
the same importance as Religious Studies. The studies could also be integrated into Citizenship Studies,
thereby helping students to become well-rounded individuals. First and foremost, though, the Department of
Education should have a policy committing themselves to sustainability. This can be a wide policy but should
range from a commitment to reduce the carbon footprint to the promotion of sustainability in schools for
children and young people.
The impacts of this recommendation would include costs of reorienting the curriculum. The Education
Funding Agency currently manages 54 billion of funding a year to support all state-provided education for
8 million children aged 3 to 16, and 1.6 million young people aged 16 to 19. Funding will be set aside for new
assessments and activities that will promote Climate Change Studies and sustainability. The Department of
Education should show their commitment to this through implementing a policy to promote sustainability.
This will improve knowledge and attitudes towards climate change while incentivizing behavioural and lifestyle
changes to benefit the environment. The main stakeholders of this recommendation would be both primary
and secondary schools, and the teachers themselves may require additional training. This may take a few
years for it to take effect but it is essential for the younger generations as education plays an important role,
both in reproducing certain aspects of current society and preparing students to make a difference in the
future.

Education - Corporate Responsibility

UK businesses are waking up to the threats of climate change. For example, there is greater awareness that
CO2 emissions in the atmosphere has contributed to increased global temperatures. The Stern Review
concluded that failure to act now could result in a reduction of income from 5%to 20%.12 Predictions suggest
that UK businesses may suffer due to the direct effects of climate change such as flooding, storms, regular
periods of droughts and deaths caused by dangerously hot summers. As the weather patterns become less
predictable and cause unpreventable effects, the UK government needs to take action since these harm
living and working conditions, hitting the poorest and vulnerable the hardest. Therefore, it is important that
the UK moves to a low-carbon economy in order to combat the imminent threat of climate change.
Persuading employers to create greener workplaces by using efficient resources is a long-term investment
rather than a short-term cost. Businesses could save up to 1.6 billion per year through investing in energy
saving measures, upgrading to efficient heating and lighting, retraining workers and energy policies. Workers
should be made aware of the ways they can help reduce climate change through lifestyle changes and
through reducing their carbon footprint. Businesses should create climate change committees that organize

12. Nicholas Stern, The Economics of Climate Change: The Stern Review (Cambridge University Press 2007) <http://dx.doi.
org/10.1017/CBO9780511817434> accessed 15 December 2016.

19

awareness-raising events, surveys, and training workshops. Workers should have the choice to elect Green
Representatives who will be responsible for raising awareness of environmental issues in the UK, providing
strategies for creating a greener workplace, and offer schemes that allow workers to benefit from changes
within the workplace. A main cost to introducing a corporate responsibility reform would be that businesses
may not want to comply. During consultation we found that due personal interest, business owners were
among the most reluctant to make changes to combat climate change. Nonetheless, some big businesses
such as Nike, Apple and Sony are endorsing green schemes so they can work towards a better future. The
reforms proposed would allow for both big and small businesses to capitalize on the benefits green schemes
could provide.
The Government would implement a 2% tax cut for businesses that agree to comply with making their
workplace greener. Tax reliefs will be used to invest in workplace schemes that ensure there are sufficient
resources for representatives. All UK workers will be given the opportunity to complete a course on climate
change and will be given advice from their Green Representative on how they could reduce their carbon
footprint. At the end of each course, workers will be given a qualification paid for by their workplace. The
Department of Work and Pensions would commit to ensuring workers benefit from the changes introduced
through greener workplaces. The Department for Business, Energy & Industrial Strategy could oversee
commitments made by the Department of Work and Pensions regarding greener workplaces.

Retraining Workers
As the economy transitions towards a greater reliance on renewable and clean energy, it is important to
consider those who will be directly and indirectly affected by the potential drawbacks of climate change
policies. In the UK, 40,000 people are employed in the Oil and Gas sector, whilst approximately 335,000
jobs are reliant on the industry.13 The main issue is determining how best to facilitate an economic transition
for workers - whether this could be best achieved through retraining and/or compensation. For renewable
energies not to be perceived as an economic threat, the government must outline a long-term vision which
they set to achieve through firm environmental and investment policies. They must also be active in the
implementation of long-term environmental policies, to create the legal certainty that encourages businesses
and industries to be more flexible in their approach to change. Failure to do so could halt expenditure on
vital skills training that is highly demanded. Despite the livelihoods of thousands being put in jeopardy, the
renewable energy sector could create up to 6.1 million jobs by 2050, according to Sustainlabour.14 Job
creation is one of the greater, long-term benefits of renewable energies. However, the longer it takes for a plan
of action to be initiated and implemented, the longer it will be for those changes to reap their benefits.
Skills training, educational outreach programmes, and apprenticeships all require long, incubation periods.15
Although the policy officer of RenewableUK says that many of the skills needed in the low carbon industry
are similar to those in current power industries,16 considering the changing demographic of the country,
(i.e. the ageing population), and the more practical qualifications suited specifically to the energy sector, only
a marginal proportion of workers will be in the position of having transferrable skills. The government thus
needs to publish its long-term provision for the majority who will be entering, rather than transferring to, the
renewables sector. This can be in terms of preparing people for a new economy and for economic mobility,
or for the elder workers close to retirement, a replaced source of income. In 2010, the government set 2020
targets for renewable energy, including 10% of transport fuels to come from renewable energy sources, as
well as 12% of heat energy. 6 years later, only 5.64% of total heat is generated through renewables and only

13. Amy Sippit, How Many Jobs Are Supported by the UKs Oil and Gas Industry? (Full Fact) <https://fullfact.org/economy/
how-many-jobs-are-supported-uks-oil-and-gas-industry/> accessed 15 December 2016.
14. Oliver Balch, What Will Happen to Oil and Gas Workers as the World Turns Carbon Neutral? The Guardian (27 August 2015)
<https://www.theguardian.com/public-leaders-network/2015/aug/27/fossil-fuels-workers-retraining-carbon-neutral-solarwind-energy-oil-gas> accessed 15 December 2016.
15. ibid.
16. ibid.

20

4.23%17 of transport fuels (down from 4.93% the previous year).18 This clearly demonstrates that despite a
strong domestic demand for renewables, it is still in its teething period with British industries receiving a low
supply of it. If the UK wants to meet these targets, many adjustments within this sector should take place,
consequently speeding up the nations progress. Additionally, the process of transitioning will also be sped up,
thereby further necessitating the retraining of workers. If this key element is ignored, then although industry
would have physically adapted, the desired benefits that come with of the renewables, (in relation to the 2020
targets), may still not be achieved as those working with the technology will simply not know how best to
use them.
Changing the energy source that supplies the UK with power not only affects domestic jobs, but also affects
employment in less developed countries. A universal solution would be to offer effective upskilling and
retraining programmes which equip workers with transferable skills rather than occupation-specific skills.
For example, in Scotland 12 million was invested domestically into the Transition Training Fund,19 which
provides training grants for jobs in the energy sector, manufacturing, engineering or even science, technology,
engineering, and mathematics (STEM) related teaching. This has been largely successful with over 1000
applications being accepted. If a similar strategy was adopted in England, then workers would be reassured
for the future as their career prospect would broaden. Moreover, the public appears to be more supportive of
measures that prioritise climate change over other economic and political factors, which 49% of respondents
to our survey believe should happen. Having environmental implications at the forefront of decision-making
will ensure that policies are beneficial in the long run, as opposed to having the economic interests at the
core. This will provide short-term benefits and essentially prolong the inevitable transition. It allows time for
businesses to transition, which means that high carbon technology will slowly be eased out and replaced,
therefore reducing the economic investment waste. In addition, the support and willingness of the public will
make implementation easier and longer lasting.
With regards to sources of funding, the European Commission state that money is already put aside in
existing green-growth funds. Examples of investment funding could come from the European Social Fund
which could encourage sufficient job creation, fund training programmes and could finance those who would
be frictionally unemployed. To support less developed countries, the European Development Fund could
be used to fund education-based training as this would provide a more sustainable, long term solution for
workers with limited access to resources. Money from the fund could also be used to purchase equipment
for workers to train with, which not only boosts development, but results in a much more skilled, efficient,
and modern workforce. This money can be widespread across all manufacturing sectors, not just energy.
However, as the UK is now leaving the EU, all of these areas of EU funding need to be replaced by UK funding.
This can be done by either setting up and investing in separate national commissions, or have the UK look to
its other international climate agreements, such as COP21, to fuel investment funding. Poorer nations tend
to have an agricultural based economy, and so funding can be used to retrain cattle farmers, (as livestock are
responsible for 18% of greenhouse gas emissions), and make them more equipped to directly deal with the
needs of the land without damaging the environment i.e. teaching farmers how to fish.
97% of respondents to our survey agreed that they have a right to a clean and healthy environment, thus
it is part of the governments responsibility to provide this. Investment could come from a portion of both
private and public finance, with climate change being prioritised and cuts being made to less important, (in
terms of global wellbeing), sectors such as the arts and the sports industry (which receives a third of its total
income from the government). In addition, grants-in-aid can also be provided, especially to hard-hit areas,
(e.g. Wales), to kick-start small-scale local projects. If these tester schemes are successful, they can then

17. Great Britain and others, 2020 Renewable Heat and Transport Targets (2016).
18. Energy and Climate Change Committee, Government to Miss 2020 Renewable Energy Targets (Parliament) <https://www.
parliament.uk/business/committees/committees-a-z/commons-select/energy-and-climate-change-committee/newsparliament-2015/heat-transport-report-published-16-17/> accessed 15 December 2016.
19. Transition Training Fund (Skills Development Scotland) <https://transitiontrainingfund.co.uk> accessed 15
December 2016.

21

be implemented nationally. A benefit of easing workers into working with new technology is that it is more
economically sustainable and has a higher chance of being successful as no direct loss is felt. Current workers
still have a source of income whilst the 2C goal becomes more attainable.

Environmental Rights
Public entitlement to environmental protection is an important issue. Its importance was reflected in
our survey where 95% of participants agreed that an environmental right was more important than the
right of freedom to do what they want to the environment. Our objective is therefore to protect people's
environmental rights through law and policy. Other objectives included setting a standard for companies and
to make the judicial system more focused upon environmental issues. The key difficulty lies in selecting the
institutional and legal mechanisms. An early proposal was the setting up of an independent environmental
body. During consultation, it was decided that the best solution was to empower the existing institutions
through more substantive environmental rights.
An independent environmental body would be both neutral and transparent. This body could consist of both
a prosecution arm and a decision-making tribunal, with the possibility of judicial appeal. The benefit of this is
institutional neutrality and expertise. In conjunction with this is the adoption of a law which requires that the
government and public decision making bodies prioritise, rather than merely consider, climate change issues.
This would create judicial review and will ensure an immediate change. For instance, the government will be
forced into not giving permission for companies to undertake fracking. The logical extension of this proposal
is the requirement that new planning and energy projects should be based on renewable and clean energies.
However, this recommendation can be criticised since allowing claims by private litigants could open the
floodgates to countless lawsuits. There is the further difficulty of proving causation in cases with multiple
polluters. In addition, individuals may not benefit from this as they may not have the sufficient funds to claim
against big companies. However, NGOs will benefit from this proposal as they may have the ability to bring
forward lawsuits on behalf of groups of claimants. In addition, companies may nevertheless limit their use of
non-renewable energy due to compensation and public image risks.
Currently, environmental NGOs are conducting research to facilitate policy development, building
institutional capacity, and facilitating independent dialogue with civil society to help people live more
sustainable lifestyles. Despite their great doing, NGOs face many barriers within the legal framework.
Consequently, instead of creating new independent prosecutorial bodies, the focus should be on
empowering NGOs by giving them legal grounds to make climate-change-related claims in civil cases or
judicial review. In addition, both an environmental court and an independent body would be expensive to
set up and maintain. An independent body would also require the government to monitor it, which would
cost further time and resources. Introducing a law which requires that the government prioritise climate
change issues has an impact on incoming planning approvals and ensures that the big picture environmental
ramifications are considered. 20 This is also cost effective in terms of implementation whilst simultaneously
empowering NGOs in private and public litigation. Within the broader institutional framework, NGOs are
better able to act as a counterbalance. At the same time, the clear standard of prioritising climate change
considerations would not place additional informational burdens on decision makers as it implies a deferral to
scientific expertise. 21

Conclusion
The recommendations set out in this report serve a purpose in the most significant aspects of climate
change. They range from the education of young children to the concept of having an environmental
right in a modern society. Fundamentally, we aim towards educating the public on the different areas and
sections of society that are affected by climate change. Through education, we are complementing all the

20. Jake White and Alison Ratliff, Big Voice London Model Law Commission Conference (27 October 2016).
21. Michal Nachmany, Big Voice London Model Law Commission Conference (22 October 2016).

22

other areas that we have covered such as the increasing air pollution in London and how we should tackle
it, the restrictions on meat consumption and moving towards alternatives, and the possibility of having
an environmental right as a citizen. We also aim to promote the idea of social responsibility and mobility
through our recommendation of retraining workers in declining industries - this is a sufficient start on moving
towards global responsibility. Climate change is not unknown to the public - many are aware of its causes and
consequences and yet there are not enough laws or policies fixating on the impact of human behaviour on the
environment and how it should be dealt with. There is a disjunction between awareness and action. All of our
recommendations embody the idea of a person having a duty to protect the environment as a public good.
We have an obligation to protect the environment to those impacted directly and for future generations. The
recommendations made in this report, taken together, aim to respond to the complexities of climate change
as a policy issue. The climate change challenge is as much institutional and infrastructural as it is behavioural.

References
Balch O, What Will Happen to Oil and Gas Workers as the World Turns Carbon Neutral? The Guardian (27
August 2015) <https://www.theguardian.com/public-leaders-network/2015/aug/27/fossil-fuels-workersretraining-carbon-neutral-solar-wind-energy-oil-gas> accessed 15 December 2016
Birkett S, Guide to Sources: London Has the Highest Levels of Nitrogen Dioxide of Any Capital City in Europe
<http://cleanair.london/sources/guide-to-sources-london-has-the-highest-levels-of-nitrogen-dioxide-ofany-capital-city-in-europe/> accessed 15 December 2016
Carrington D, Tax Meat and Dairy to Cut Emissions and Save Lives, Study Urges The Guardian (7 November
2016) <https://www.theguardian.com/environment/2016/nov/07/tax-meat-and-dairy-to-cut-emissions-andsave-lives-study-urges> accessed 17 December 2016
Action to Combat UK Air Pollution Crisis Delayed Again The Guardian (10 November 2016) <https://www.
theguardian.com/environment/2016/nov/10/action-to-combat-uk-air-pollution-crisis-delayed-again>
accessed 15 December 2016
Center for Climate and Energy Solutions, Outcomes of the U.N. Climate Change Conference in Paris (Center
for Climate and Energy Solutions) <http://www.c2es.org/international/negotiations/cop21-paris/summary>
accessed 15 December 2016
Energy and Climate Change Committee, Government to Miss 2020 Renewable Energy Targets (Parliament)
<https://www.parliament.uk/business/committees/committees-a-z/commons-select/energy-and-climatechange-committee/news-parliament-2015/heat-transport-report-published-16-17/> accessed 15 December
2016
Great Britain and others, 2020 Renewable Heat and Transport Targets (2016)
Harvey F, Big Voice London Model Law Commission Conference (22 October 2016)
Hussain T, Big Voice London Model Law Commission Conference (23 October 2016)
Nachmany M, Big Voice London Model Law Commission Conference (22 October 2016)
Oxford Martin School, Pricing Food according to Its Climate Impacts Could Save Half a Million Lives and One
Billion Tonnes of Greenhouse Gas Emissions (Oxford Martin School) <http://www.oxfordmartin.ox.ac.uk/
news/2016_11_Emissions> accessed 17 December 2016
Sippit A, How Many Jobs Are Supported by the UKs Oil and Gas Industry? (Full Fact) <https://fullfact.org/
economy/how-many-jobs-are-supported-uks-oil-and-gas-industry/> accessed 15 December 2016
Springmann M and others, Mitigation Potential and Global Health Impacts from Emissions Pricing of Food
Commodities (2016) advance online publication Nature Climate Change <http://www.nature.com/nclimate/
journal/vaop/ncurrent/full/nclimate3155.html> accessed 17 December 2016
Stern N, The Economics of Climate Change: The Stern Review (Cambridge University Press 2007) <http://
dx.doi.org/10.1017/CBO9780511817434> accessed 15 December 2016

23

The Global Climate Legislation Study | Grantham Research Institute on Climate Change and the Environment
<http://www.lse.ac.uk/GranthamInstitute/legislation/> accessed 16 December 2016
Transition Training Fund (Skills Development Scotland) <https://transitiontrainingfund.co.uk> accessed 15
December 2016
White J and Ratliff A, Big Voice London Model Law Commission Conference (27 October 2016)
Climate Change Act 2008
Education Reform Act 1988

24

Part 4: Criminal Law

Recommendations on the laws governing hate crime.
Compiled with thanks to:
Joanne Kane, Carmelite Chambers
Kathleen Shields, Law Commission
Laura Manson, Taylor Wessing
Loretta Trickett, Nottingham Trent University
Paramjit Ahluwalia, Garden Court Chambers
Samuel McCann, Farringdon Chambers
Sebastian Walker, Law Commission

Introduction
Hate crime is a prevalent and problematic issue in the United Kingdom, and will continue to negatively impact
our society until it has been decisively tackled. In order to address this, our group conducted in-depth
research into the current laws on hate crime and its impact on victims and defendants alike. We believe
that the existing system is lacking in many ways. Key issues we have identified include out-dated laws on
online communications, problems with sentencing guidelines, and inadequacies in hate crime education.
We have outlined several proposed solutions to each of these issues and we suggest that they be urgently
implemented to modernise and clarify the law.

Methodology
To investigate the general publics experiences of hate, prejudice and targeted hostility, we surveyed
approximately 200 people on their views of the specific problems we have identified with hate crime
legislation. The profile of research participants was extremely diverse in terms of age, gender identity,
ethnicity, religion and disability. The results of our survey are therefore a good representation of the thoughts
of the populace at large.

Sentencing Guidelines
Current Law

Section 31 Crime and Disorder Act 1998

The current law is set out in Section 31 Crime and Disorder Act 1998, which punishes racially or religiously
aggravated public order offenses:
A person is guilty of an offence under this section if he commits
a.

an offence under section 5 of that Act (harassment, alarm or distress),

b.

which is [racially or religiously aggravated] for the purposes of this section.

This means someone who harasses another person based on their race or religion is committing a
public offense, whereas someone who harasses another because of their disability, sexual orientation or
transgender identity will not be caught under this section.

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Problems with Section 31:

The problem with this law is that it is biased, as it does not take into account other factors which may be just as
serious. While the legislation only identifies race and religion as protected categories, the public believes that
race, religion, sexual orientation and disability should be equally protected. Thus, we propose that disability
and sexual orientation should also be taken into account. Our survey results show that the majority of the
public think that these four categories are of equal importance and each is deserving of protection.

Sexual Orientation

Disibility

Religion

Race
0.00%

20.00%

40.00%

60.00%

80.00%

100.00%

ss. 145-6 Criminal Justice Act 2003 and s. 28 Criminal Disorder Act 1998

The current law on prison sentencing for addition of aggravating factors is 6 months to 2 years.
The issue with prison sentencing is that it places a burden on the state and subsequently on the taxpayer. It
costs 69,950 to imprison a person in this country (including police, court costs and all the other steps). The
certified prison capacity is 77,344 and the average prison population is 84,238. If the growth in the prison
population is not stopped then more prisons will have to be built, at a huge expense to the government and in
turn the taxpayers.

Aggravating factors on criminal records

The current law on criminal records does not take account of aggravating factors. While criminal records
include the type of crime committed by the offender, it fails to record the aggravating factors - of which
includes crimes motivated by racial and religious hostility.
Problems with aggravating factors not on criminal records:
If aggravating factors are not included in criminal records, the judge and prosecution of a repeat offender
will not aware of whether they have committed a hate crime before. This is a crucial problem because the
offender who commits multiple hate crimes is deserving of greater punishment. Our consultation shows that
70.4% of people believe that aggravating factors should be included in criminal records, while a minority of
23.1% think aggravating factors should not be included.

Sentencing guidelines for judges

The current law and guidelines is set out under the provisions of section 170(9) Criminal Justice Act 2003,
which is issued by the Sentencing Guidelines Council. Currently the court must have regard to the five
purposes of sentencing contained in section 142(1) Criminal Justice Act 2003: (a) the punishment of

26

offenders, (b) the reduction of crime (including its reduction by deterrence), (c) the reform and rehabilitation
of offenders, (d) the protection of the public, and (e) the making of reparation by offenders to persons
affected by their offence. However, despite setting out clear factors for the court to consider, the Act does
not indicate that any one factor should be more important than another, or to what extent should the judge
consider any particular factor or purpose. In practice the judge determines the manner and the extent to
which the factors apply, and has great discretion in deciding which factor is more significant.
Furthermore, from our survey results we can see that an overwhelming majority of 77.4% of people disagree
that a long sentence in prison is in itself a sufficient form of rehabilitation, and this data suggests that
more emphasis on rehabilitation needs to take place. Sentencing guidelines instructs the judge, or the
lay magistrates, to consider the seriousness of the offence, and what sentence (custodial, community,
suspended) would be the most appropriate in each individuals case. The seriousness of an offence is
determined by the culpability of the offender and the harm caused or risked being caused by the offence.
Section 143(1) Criminal Justice Act 2003 provides: In considering the seriousness of any offence, the court
must consider the offenders culpability in committing the offence and any harm which the offence caused,
was intended to cause or might foreseeably have caused. The court looks at intention, recklessness,
knowledge, and negligence, and harm includes harm to the individual, the community or any other types
of harm.
Problems with sentencing guidelines for judges:
There is an issue with the lack of clarity in the sentencing guidelines, which do not provide for assessing and
balancing culpability and harm. Another problem with the current sentencing guidelines is the difficulty for
the judge or lay magistrates to determine the threshold for a custody sentence. Furthermore, it is impossible
to determine definitively which features of a particular offence make it serious enough to merit a custodial
sentence, and this needs to be addressed and specified.
Proposals

Add aggravating factors onto criminal records

Option 0

Do nothing.

Option 1

Add aggravating factors to criminals records

Option 2

Provide sentencing guidelines to judges in internalising the aggravating factor in

criminal records.

We believe that adding aggravating factors to criminal records will help to deter potential repeat offenders.
Furthermore, this addition of aggravating factors onto criminal records will be useful for judges when weighing
up aggravating and mitigating factors in sentencing. Prosecutors and defence counsel can also use this
information to justify if the sentence is appropriate. We propose that, as an aggravating factor increases the
seriousness of crime, these should be reflected on offenders criminal records.

Increase training and development opportunities for prisoners

Option 0

Do nothing.

Option 1

Provide more jobs for prisoners

Option 2

Improve healthcare and personal development for prisoners

27

Over 70,000 people per year received training while they were in prison, and along with the courses to
manage and change their behaviour; they were given the opportunity of employment when they completed
their sentence. Without that training, statistics tell us that 75% will reoffend and end up back in prison. With
training and development courses, ex-offenders could find jobs and contribute to society, rather than
burdening the prison system.

Clarify sentencing guidelines of judges

Option 0

Do nothing.

Option 1

Strict guidelines in determining custodial sentence

Option 2

Sentencing guidelines should include aggravating factors

Option 3

Sentencing guidelines should have clear provisions for assessing culpability and harm

Currently, the court must have regard to the five purposes of sentencing contained in section 142(1) Criminal
Justice Act 2003: (a) the punishment of offenders, (b) the reduction of crime (including its reduction by
deterrence), (c) the reform and rehabilitation of offenders, (d) the protection of the public, and (e) the making
of reparation by offenders to persons affected by their offence. However, despite setting out clear factors for
the court to consider, the Act does not indicate that any one factor should be more important than another,
or to what extent should the judge consider any particular factor or purpose. Another issue found in the lack
of strict guidelines is difficulty for the judge or lay magistrates to determine the threshold for a custodial
sentence.
Judges ought to determine which features of a particular offence need to be addressed and specified.
Sentencing guidelines should provide a clear provision for assessing and balancing culpability and harm.
Further explanatory notes would be useful to provide guidance to judges, and avoid inconsistencies in
sentencing.
Online Communications
Online communications involve the way people communicate with each other over the internet, using
platforms such as email, instant messaging, chat rooms and social networking sites. However, it also provides
a stage for people to incite hatred based on anothers race, religion, disability, etc. In our survey, 93.5% of
people agreed that hate crime is indeed present online.
Current Law

Malicious Communications Act

The current offence for which a defendant can be charged is governed under Section 1 of the Malicious
Communications Act 1988, which states that a person is guilty if they intend to cause distress or anxiety by
sending or delivering letters or other articles. The Communications Act 2003 was clearer in confirming that
sending malicious communication using online media is a criminal offence that is punishable by law. Section
127 of this act states that this message has to be grossly offensive or indecent of an obscene and menacing
character. Furthermore, the DPP in 2012 set out guidelines stating that communications which are credible
threats of violence or stalking which are targeted at an individuals will be prosecuted. However, people who
express an unpopular opinion on serious or trivial matters or make comments for the purposes of humour will
not be prosecuted.

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Problems with the Malicious Communications Act:

The words distress and anxiety can be categorised as being too broad and too vague, and does not set
out examples of what symptoms these emotions entail. Furthermore, issues regarding what will be classed as
grossly offensive or indecent need to be addressed. Magistrates are likely to have different opinions on these
terms, and this confusion could delay the court process as it may mean a decision is not reached as quickly.

Online Anonymity

The current law does not require ID checks for people to register to social media sites as it is not stated in their
terms and conditions. Facebook has mentioned that the real names policy is used to prohibit abuse and
profanity in the name field and Facebook also requires that users whose names are reported to be fake
submit legal identification to prove their identity. Also, Facebook and Instagram are asking people to snap a
photo of an official photo ID that people have in their possession and send it along for verification, in order
for people to confirm their identity. These checks are for those who appear to be violating either service's
Terms of Service.
Problems with online anonymity:
Those who post offensive messages online advocating prejudice or racial/religious hatred may not breach the
terms and conditions of social media platforms. This could lead to the perpetrator being banned from that
site but not facing criminal charges. However, many people disagree that online postings should be punished
because this would create more cases for the Crown Prosecution Service to deal with and act as a drain on
taxpayers money.
Proposals

Reasonable man standard

One way we propose to reform the law on online communications is by imposing the standard of a reasonable
man. The question is whether the ordinary, sober and reasonable man of the victim's age and gender
would have suffered from distress or anxiety as a result of the hate crime. By applying this objective test, it
would be easier for the jury to reach a verdict on whether the victim did in fact suffer, and thus decide if the
defendant is guilty or not of causing this through his online conduct. This in turn would have the effect of fairer
convictions and act as a form of justice for the victim.

Clarifying definitions

The definition of the words grossly, indecent, obscene and menacing would need to be properly
explained in order to clear up confusion that people may have on their meanings. This would create a more
coherent understanding across the bench, instead of individual jurors having different views on what the
words mean. This may also be necessary for the use of the word malicious, which can be classed as being
archaic language, as some people today may not fully understand its meaning. A solution to this would be
to add proper guidelines to clearly state that anything involving targeting someone over prejudices through
electronic communications is subject to prosecution.

29

ID Checks

In our survey, we asked the public how they thought our law should tackle hate crime online:
100.00%
90.00%
80.00%
70.00%
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%

Banning
perpetrators from
the forum

Have them pay a

fine

Offenders should
go to prison

Other

The majority of our participants agreed that in order to tackle hate crime online, social media sites must ban
perpetrators from the forum. However, online anonymity makes this idea more complicated. By having ID
Checks, it would be easier for social media sites to identify users violating their terms and conditions. This
makes it simpler to ban the person from the forum, as they cannot only terminate the account but they
can also prevent the person from creating fake accounts so they that they are unable to commit the same
offences.

Monitoring social media platforms

Another suggestion for reform would be to create a new policy which would make social media platforms
monitor its users behaviour and to report any hate crime which causes people to be grossly offensive to
be reviewed by the monitors and send them to the police if they are committing offences online such as
harassment and assault. This will tackle hate crime as well as act as a deterrent for anyone thinking of posting
something which might cause people to be grossly offended.

Education/Rehabilitation
Current law:
There has been several governmental and non-governmental campaigns launched to target awareness
of hate crime in society. However, according to our survey, 81.9% of participants believed that hate crime
education should be included on the National Curriculum. Furthermore, 55.3% of these candidates ranged
between the ages of 14 to 18. This is in itself evident that most adolescents believe that they should be
educated more about hate crimes, perhaps suggesting such campaigns are ineffective. It is clear there should
be more education on what constitutes a hate crime, how to report such incidents and the punishments in
place as a means of tackling the problem.

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Proposals

Reform of Education and Inspections Act 2006

Currently, parents can withdraw their children from religious education. We believe that all students should be
required to learn about different religions, as a deeper understanding of them could prevent hate crimes from
occurring, as many prejudices originate from a lack of information. Religiously aggravated crimes also strongly
correlate to racially aggravated ones, and in many instances of hate incidents, the two are closely linked.
Education in this subject is therefore vital as people can gain a broader understanding, forming personal
beliefs and a capability to reflect on their own actions rather than being influenced by others.
As the result of the current law and its ineffectiveness, we recommend that the current Education and
Inspections Act 2006, section 55, subsection 7 be reformed in order to tackle the problems outlined
previously. This proposed reform will revoke of parental rights in withdrawing children from the religious
education classes provided to them by educational institutions. We advise that all religious education
become mandatory throughout a childs time in the education system, with the exception of sixth-form
and colleges. This approach is a preventative method of hate crimes, as it ensures there is a well-informed,
positive association with religion from a young age.

Making PSHE education compulsory

PSHE education is a non-statutory subject on the school curriculum. Section 2.5 of the National Curriculum
states that all state schools should make provision for personal, social, health and economic education
(PSHE), drawing on good practice. Additionally, paragraph 41 of statutory guidance on Keeping Children
Safe in Education, the Department for Education states that schools should consider how children may be
taught about safeguarding, including online, through teaching and learning opportunities. This may include
covering relevant issues through PSHE. The prominent issue within this guidance is the sense of ambiguity
that encompasses it. The wording within is extremely vague, meaning it is much easier for educational
institutions to avoid the absolute following of such guidance. Furthermore, institutions can simply justify their
inadequacy by stating they are merely following guidance, but making poor provisions for the teaching
of PSHE.
We suggest that such PSHE should be changed to a statutory subject, to apply to all schools, whether public
or private. In our survey, we found that 81.9% participants agreed that hate crime should be incorporated
into the National Curriculum. We think that hate crime would be most effectively taught as a part of PSHE,
due to the pre-existing strong links to the subject. However, in regards to the current laws of PSHE and its
implementation, a review of the language is requested. We suggest that the language be changed in order
to make the subject mandatory and ensure that it is more effectively executed. Adding hate crime to the
National Curriculum through the subject of PSHE can be easily done - due to The Equality Act 2010, schools
must advocate the need for tolerance and respect, and our proposal would definitely strengthen their
commitment to promoting equality.
The summary below shows the contributions the Crown Prosecution Service (CPS) has made in creating
crime resources intended for educational use. It includes a (i) teachers pack, (ii) educational resources, (iii)
guidelines and even presentations. Our suggestion further involves making these CPS resources compulsory
for every school or secondary institution to teach as part of the PSHE subject.

a.

The CPS has launched a new anti-hate crime education campaign in schools to help young people
tackle homophobic and transphobic abuse.

b.

The CPS has teamed up with the Ministry of Justice and Stonewall to develop the educational resource
pack which aims to inform and educate students about the impact of homophobic and transphobic
bullying on victims and the potential consequences of this behaviour.

31

c.

The LGBT Hate Crime Pack, which is backed by the National Union of Teachers, contains a DVD and
lesson plans for teachers, designed to help students discuss stereotypes and prejudice and the impact
of this type of bullying on victims.

d. The CPS is committed to prosecuting homophobic and transphobic hate crime robustly and are
working closely with partner organisations not only to ensure that victims feel confident in reporting
hate crimes to the police but also to prevent these crimes from happening in the first place.
We have made this proposal because cognitive growth is influenced by knowledge and increased experience,
and teaching about hate crime from a young age will ensure that our children grow up to become more
tolerant adults capable of respecting diversity. The costs of making this change would not overly impact the
schools, as it would only affect a small part of the curriculum. The benefits of providing students nationwide
an adequate and thorough teaching of PSHE extend beyond the classroom and will remain with students
even after they leave the education system.

Cooperation between educational institutions and local police

Currently, there are no specific laws in place regarding cooperation between educational institutions and
local police enforcement. In our research process, a certain section of the law enforcement who primarily
focus on education regarding crime, brought forward the fact that when confronted with students who had
committed hate crime, they had found it difficult to investigate into due to the lack of cooperation giving by
schools. They have stated that this is most likely due to the fact that educational institutions are protective of
their reputation, regardless of whether or not the student did commit a crime.
Our solution for this issue is for schools and law enforcement to enter into a memorandum of understanding,
much like the Elizabeth Agreement actively applied within the United States. This agreement would state
that should an educational institution become aware of a possible hate crime or non-criminal incident
motivated by prejudice, on or off school grounds, they must immediately report it to the local authorities. The
additional costs would be insignificant as the police are already required by law to investigate these crimes,
and this would make the prosecution process much easier.

Conclusion
As hate crimes are premised on an underlying offence, we believe that it is not necessary to repeal all
provisions on hate crimes in current legislation and enact an entirely new statute that covers all aspects of
hate crime. Instead, we have proposed specific solutions to tackle the wide range of issues we have identified,
from prevention (education, rehabilitation) to cure (sentencing guidelines), taking into account the impact
of modern technology (online communications). The implementation of our proposals will go a long way in
making hate crime law more up-to-date and inclusive of broader categories deserving of protection.

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Big Voice London is always looking to grow our support

from organisations and individuals who share our passion
for increasing youth access to the legal system. For more
information or to view our other publications, please visit our
website at http://bigvoicelondon.co.uk.

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