Policy paper

Response to an inspection of operations to effect the removal of foreign national offenders (FNOs)

Published 29 June 2023

This was published under the 2022 to 2024 Sunak Conservative government

The Home Office thanks the Independent Chief Inspector of Borders and Immigration for his report.

The report confirms issues which were already well-known to the Foreign National Offender Returns Command (FNORC) management team and the Home Office is pleased the report acknowledges senior leaders in the FNORC had a good awareness of the problems and were at the time of inspection already seeking to advance initiatives to address them.

The Home Office is also pleased the report is positive regarding the work of many of the FNORC staff that it engaged with, including staff who work in the frontline of Immigration Enforcement in prisons, in what can be challenging conditions especially during the Covid-19 pandemic.

The Home Office, however, considers that the report underplays the complexity associated with the FNO process. As was set out in our response to the report at the factual accuracy stage, the FNO process is not simple and linear; it is complicated and has many interdependencies. These include delays caused by multiple and successive claims, non-compliance by FNOs in their re-documentation and removal, and the Covid-19 pandemic. The impact of Covid has continued, with delays in the courts at both criminal trials and immigration appeals, impacting on our ability to deliver a prison to plane removal plan for FNOs.

There is strong commitment across the Department to ensuring we learn from the report’s findings. The Director General of Immigration Enforcement will convene a focussed Executive Board with all Directors on the recent inspections and audits to agree prioritisation of resource across IE to support the delivery of improvements. The FNO Taskforce, which seeks to develop the Department’s working relationship with HMPPS colleagues, will also support the delivery of key reforms to increase and speed up prison-to-plane removals. The report has helped shape and focus the action which is already being taken. Work already in progress includes:

• a data quality project to support development of management information tools, such as Vantage, through which a process for managing data assets, reviewing quality and coordinating actions to maintain data standards across FNO RC will also be progressed
• a review of structures and decision-making processes to inform a new casework structure
• improved management information to underpin a new approach to performance, efficiency and effectiveness;
• collaborative working with ringfenced resource in asylum and IECA to prioritise barrier clearance
• progress towards the implementation of new workflow tools, including IPIC and the Daily Operational Dashboard

The department has accepted or partially accepted all the ICIBI’s four recommendations. The progress of the Illegal Migration Bill through parliament and its subsequent implementation will undoubtedly shape the future direction and therefore the decisions on implementation of the report’s recommendations. The Department will seek to move as quickly as possible but, as stated below, some changes may take a number of months to be implemented.

Recommendation 1: Data

Produce a strategy, with timebound milestones, detailing how the Foreign National Offenders Returns Command (FNORC) will:

a) consolidate the data that it holds

b) reconcile its data with information managed by other agencies (such as His Majesty’s Prison and Probation Service)

c) rationalise its use of all available data so that it has ready access to clear, accurate, and consistent information on the cases for which it is responsible

1a) Accepted

Drawing on the wider work on data, management information and workflow tools in Migration & Borders, we will put in place a consolidated FNORC-focused strategy which will ensure that the significant work on management information already completed and in train – to deliver new strategic MI reporting through Vantage, new casework workflow tools through the Atlas Daily Operational Dashboard, and wider Immigration Enforcement case-routing capabilities – is managed collectively to ensure that the needs of FNORC are met, including establishing and agreeing the “single version of the truth” as needed. This same strategy will also cover work on data quality assurance for FNO cases.

1b) Partially accepted

Work is ongoing around the consolidation of data captured within FNO Returns Command and we will seek to align our data with other agencies such as HMPPS where possible. Some data sets may not be aligned as other agencies work with different data sources, e.g. HMPPS work with a wider cohort of Foreign Nationals than falls within the remit of FNO RC. Joint focus groups are already established between FNORC and the Ministry of Justice as we work to ensure a single version of data.

1c) Accepted

FNO Returns Command has initiated a data quality and assurance project. This focuses on establishing a process for managing data assets, reviewing data quality and coordinating actions to maintain data standards across FNO RC.

The Department expects that this recommendation (Recommendation 1: Data) will be concluded within 12 months.

Recommendation 2: Performance reporting

Undertake a review of the monthly FNORC performance pack to ensure future workflow measurements and key performance indicators focus on business objectives and on driving improvement.

Accepted

The Prime Minister’s announcements in December 2022 on illegal migration has heightened focus on FNO returns, requiring greater clarity on performance. FNO Returns Command is already reviewing its Performance Pack and Key Performance Indicators. This refreshed version will be supported by the new MI tools that are under development. The new Performance Pack will allow managers at all grades to drive improvement against agreed measures.

The Department expects that this recommendation (Recommendation 2: Performance Reporting) will be concluded in 3 months.

Recommendation 3: Review of caseworking

Conduct a thorough end-to-end review of the FNORC case working functions to eradicate duplication, align team structures and drive efficiencies in case working to enable more timely decisions within the Early Removal Scheme window. Ensure staff have a thorough understanding of any changes that are made and that priorities are clearly communicated and understood.

Accepted

FNO RC have begun mapping casework processes. A new Continuous Improvement team is being established within IE, from which FNO RC will be looking to secure resource to ensure that further mapping and analysis of key processes takes place. Following this exercise, FNO RC’s SMT will consider appropriate action from the recommendations and potential efficiencies that may be discovered.

The Department expects that this recommendation (Recommendation 3: Review of Case working) will be concluded within 12 months.

Recommendation 4: Case ownership and management

Develop a process which enables foreign national offender cases to be tracked and owned from referral to decision outcome, with clear ownership, timelines for key activities and checks in place to ensure that cases are not overlooked.

Accepted

We have brought clear focus on recommendations one to three. With appropriate and swift action to address recommendations one, two and three, recommendation four will be achieved. This work will enable FNO RC to produce an end-to-end process map, clearly setting out ownership and responsibility for delivery.

The Department expect that this recommendation (Recommendation 4: Case ownership and management) will be concluded within 12 months.