Call for evidence: An inspection of the Immigration Enforcement Competent Authority
The Independent Chief Inspector of Borders and Immigration has commenced an inspection of the Immigration Enforcement Competent Authority and invites anyone with knowledge and experience of this area to provide evidence for the inspection.
In line with his 2023-24 inspection plan, the Independent Chief Inspector of Borders and Immigration has commenced an inspection of the Immigration Enforcement Competent Authority (IECA).
The IECA is responsible for processing referrals of potential victims of modern slavery and human trafficking via the National Referral Mechanism (NRM) who are:
- foreign national offenders (FNOs) in prison or an immigration removal centre (IRC)
- non-detained FNOs in the community where action has begun towards deportation
- detained in an IRC or prison for immigration purposes
- individuals whose asylum claims have been deemed inadmissible
Call for evidence
Launching the call for evidence, Independent Chief Inspector David Neal said:
I am inviting anyone with relevant professional knowledge or personal experience to provide their views and evidence of how the IECA is working by 2 February 2024.
This inspection will examine the IECA’s management of modern slavery and human trafficking (MSHT) claims, focusing on the:
- timeliness of decisions (reasonable and conclusive grounds)
- quality of decisions and assurance mechanisms
- impact of legislative changes
I would be particularly interested to hear from those with first-hand experience of the IECA’s processing of claims of modern slavery and human trafficking.
I would be pleased to hear both what is working well and what could be improved.
This inspection will not focus on the following areas:
- the Single Competent Authority
- the duty to notify process
- support provision under the Modern Slavery Victim Care Contract (MSVCC)
- investigations and prosecutions
Please note that the statutory remit of the Independent Chief Inspector of Borders and Immigration does not extend to investigating or making decisions about individual cases. This remains a Home Office responsibility. However, the Independent Chief Inspector is interested to hear about individual cases insofar as they serve to illustrate particular points, issues, or trends.
How to respond
If you would like to submit information to the inspection team please do so by clicking here. Alternatively, or if you are using a non-compatible email client, then send your submission to IECAinspection@icibi.gov.uk, with ‘Immigration Enforcement Competent Authority inspection call for evidence’ in the subject line.
This call for evidence will remain open until 2 February 2024.
As with all ICIBI inspections, personal data will not be included in the published report sent to the Home Secretary.
How we use data
The ICIBI will process any personal data provided in response to this call for evidence in accordance with regulation 6(1)(e) of the UK General Data Protection Regulation (UK-GDPR). This regulation permits the processing of personal data where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. The public task in this circumstance is the exercise of functions to monitor and report on immigration, border and customs functions as provided for in s48 of the UK Borders Act 2007.
Should respondents provide special category data relating to an identifiable individual in response to this call for evidence (such as nationality information), that data will be processed in accordance with article 9(2)g of the UK-GDPR; that being, processing is necessary for reasons of substantial public interest, with a basis in law, and subject to additional measures to ensure the special category data processed is proportionate to the aim pursued with additional safeguards implemented to protect any special category data provided.
If at any point you wish to object to the processing of your personal data, you should contact us by emailing chiefinspector@icibi.gov.uk.
Further information can be found in the ICIBI privacy information notice available on the ICIBI website.