Terror group bans and anti-radicalisation scheme used too widely, review finds

Counter-terrorism measures including the law used to ban Palestine Action and the Government anti-radicalisation scheme Prevent are being used too widely, a three-year review has found.

The Independent Commission on UK Counter-Terrorism Law, Policy and Practice found that the current official definition of terrorism is too broad and “extends beyond acts of violence or serious threat, creating uncertainty and overreach in its application”.

In a report published on Tuesday, the body said: “Terrorism should be defined narrowly as acts intended to coerce, compel, or subvert government or an international governmental organisation, and the threshold for property damage should apply only to conduct causing serious risk to life, national security, or public safety, or involving arson, explosives, or firearms.”

It said that measures used to ban groups such as Palestine Action should be restricted so that they are only used to protect the public from terrorism, and that proscription of terror groups should lapse after five years unless renewed.

The report said: “When a group is proscribed, individuals can face prosecution for membership, inviting or expressing support, or wearing associated symbols or uniforms.

“Providing funding or handling property linked to a proscribed organisation may constitute a criminal offence, and any act carried out for the benefit of a proscribed group can be treated as an act of terrorism.

“These far-reaching implications can create confusion, deter lawful civic engagement, and strain relations with communities connected to affected organisations – particularly where banned groups also pursue political objectives.”

It wants increased parliamentary scrutiny of decisions to proscribe groups, and for suspects to only be charged under section 12 or 13 of the Terrorism Act, which cover support for banned groups, “where there is clear intent to commit the offence”.

Kneecap rapper Liam Og O hAnnaidh, whose stage name is Mo Chara, was charged under section 13 for allegedly holding up a Hezbollah flag at a gig, before the case was thrown out due to a technical error.

Hundreds of alleged Palestine Action protesters have been charged under the same law, the majority for holding up banners that said: “I oppose genocide. I support Palestine Action.”

The commission also found that the Government anti-radicalisation scheme Prevent is being used too broadly.

The report said: “Prevent referrals increasingly involve individuals experiencing complex vulnerabilities, including mental ill health, social isolation, or neurodivergence, rather than clear terrorism-related risks.

“This shift has blurred Prevent’s purpose and stretched its remit beyond its original aim.”

The commission found that the idea that potential terrorists can be spotted through “observable indicators” is “an assumption not consistently supported by empirical evidence”.

Officials have seen a surge in referrals to Prevent in the wake of the Southport murders, and are expecting a record total this year.

Figures released last week showed there were 8,778 referrals of individuals to the anti-extremism scheme in 2024/25 – up 27% from 6,922 in the previous year, according to Home Office data.

The 3,287 referrals in January-March 2025 is the highest number in a single quarter since data began.

Home Office figures published on Thursday show that referrals in the “no ideology” category made up 4,917 (56%) – the largest proportion of referrals of the 8,769 cases where a type of concern was logged.

The commission said that those involved in potential terror plots against the UK are “increasingly younger and may be driven by complex mixes of ideology, grievance, and personal vulnerability”.

It said: “The commission heard evidence that, without careful calibration, counter-terrorism powers risk being applied too broadly – capturing behaviour that is harmful but not terrorist.

“This concern is most acute in the Prevent programme, where the boundaries between safeguarding, criminal justice, and counter-terrorism have become increasingly blurred.”

It said that of 58,000 people referred to Prevent since 2015, more than 90% had no counter-terrorism concerns.

Commission chairman Sir Declan Morgan KC said: “The evidence we had shows that the present approach to Prevent is not fit for purpose.

“Prevent should be integrated into a wider, local authority-led multiagency safeguarding ‘front door’ that works with communities to mainstream violence prevention work, currently processed through Prevent, into broader violence reduction strategies.

“We need to move away from the radicalisation model and instead concentrate our resources on individual resilience and building trust and social cohesion in neighbourhoods.”

The report also found that some terror-related offences relating to preparation or information gathering “are framed so broadly that they may encompass behaviour far removed from any genuine terrorist intent or threat”.

“The increasing reliance on ‘mindset’ evidence, especially in prosecutions involving online material, also presents challenges,” it said.

“Questions arise about proportionality, evidential reliability, and fairness, particularly where defendants are young or neurodivergent and their engagement with extremist content may not reflect intent or capability.”

The commission made a total of 113 recommendations, including a national strategy to promote social cohesion and greater powers for the independent reviewer of counter-terrorism laws.

It also wants rules put in place to ban the removal of citizenship for those born British or registered British as children, and restricting its removal for naturalised adults.

The estimated 55 to 72 British men, women and children who remain in Syria having travelled there during the civil war should also be brought back to the UK, the report found.

A Home Office spokesperson said: “We thank the Independent Commission for their report, which is essential to ensuring our system continues to be fit for purpose.

“The UK has one of the most robust counter-terrorism frameworks in the world, and we continue to strengthen these to reflect the evolving nature of the threat.

“Prevent continues to play a vital role in this by stopping people from becoming terrorists, and has diverted close to 6,000 people away from violent ideologies.

“But we know there is further to go, which is why a number of recommendations from the Lessons for Prevent report have been immediately actioned, and its remit and effectiveness is consistently reviewed.”