A nine year-old who called a classmate a name and two secondary school girls who said another pupil smelt “like fish” are among thousands of people being investigated by police.

These cases are among a number where playground insults have been recorded by officers amid confusion about guidelines

The Times reveals that housands of people being investigated by police for non-crime hate incidents:

Police forces recorded incidents against a nine-year-old who called a primary school classmate a “retard” and against two secondary school girls who said that another pupil smelt “like fish”.

They were among several cases of children being logged as having committed non-crime hate incidents (NCHIs), according to freedom of information requests to police forces.

Government guidance says that NCHIs are supposed to be recorded for incidents “clearly motivated by intentional hostility” and where there is a real risk of escalation “causing significant harm or a criminal offence”. Classroom incidents that do not amount to crimes are not supposed to be recorded, and neither are incidents involving

However, the Times has found evidence of widespread confusion among police over what types of incident should be recorded.

No. 10 said that the Home Office would review its guidance to protect “the fundamental right to free speech” after the journalist Allison Pearson claimed she was being investigated over an NCHI. Essex police say this is inaccurate and have defended their handling of the case.

However, data collected by the Times shows the recording of NCHIs is widespread. More than 13,200 hate incidents were recorded in the 12 months to June this year, according to statistics from 45 of Britain’s 48 police forces.