Policy paper

Response to ICIBI's report on juxtaposed controls, April to May 2022

Published 18 October 2022

This was published under the 2022 Truss Conservative government

The Home Office thanks the Independent Chief Inspector of Borders and Immigration (ICIBI) for this ‘short’ inspection report of the juxtaposed controls.

This inspection examined the quality of decision making at the juxtaposed controls. Juxtaposed operations are complex, and our people are at the forefront of securing the UK border, protecting the public, safeguarding the vulnerable and facilitating genuine trade.

The Home Office is pleased that the ICIBI reported that it found that staff were dedicated, and that decision making was generally conducted in line with guidance, policy, and the immigration rules. The Home Office is also pleased that the report recognises that good examples of our ethical decision-making model were applied and welcomes the focus on getting decision making right as this is a key part of our strategy.

The ICIBI identified several areas for improvement and has made a total of 3 multi- part recommendations. Work was already in place to deliver some of the recommendations. The Home Office has partially accepted recommendation 1 and 2, and not accepted recommendation 3.

The Home Office should:

The Home Office response to the recommendations:

1. Within 3 months, introduce an enhanced first-line assurance mechanism focused on record keeping, to ensure that it is conducted in line with existing policies and guidance, with particular reference to the following areas:

a. enforcing the consistent use and completion of an electronic IS81 log system at all ports as per existing instructions and in the spirit of Recommendation 22 of the Windrush Lessons Learned Review

b. the detail and accuracy of CID (or superseding case database system) records

c. introduction of a mechanism to record that assurance activities have been completed and track performance

1.1 Partially Accepted

1.2 The Home Office recognises the importance of first line assurance and appropriate record keeping.

1.3 The Border Crossing system is being developed to deliver a more robust and efficient set of operational processes for Border Control. Delivery of the system will provide an automated case recording log (IS81) but will take longer than the three-month timeline outlined, with completion by the end of 2022. This will reduce the effort required to capture and manage data and provide port level management information for capacity planning.

1.4 A clear set of first line assurance measures are already in place and regions work to, and report against that. However, we recognise there is more to do to provide automated and digital approaches to record keeping and assurance and the Border Force Operational Assurance Directorate has established a dedicated improvement team to drive forward the work needed to improve record keeping across Border Force. This includes plans to establish a digital assurance toolkit by April 2023.

2. Within 3 months, introduce guidance and policy instructions for Border Force staff on the use of ‘elect to embark’, with particular consideration of:

a. the unique practicalities of using ‘elect to embark’ at juxtaposed controls

b. how officers are informing passengers of their right to ‘elect to embark’, and introducing safeguards where explicit written consent can be obtained from passengers

c. how ‘elect to embark’ is recorded on caseworking databases

2.1 Partially Accepted

2.2 The Home Office will seek to introduce national guidance on elect to embark across all ports and modes as the option to voluntarily withdraw an application for permission to enter and depart the UK is available to all passengers, not just those arriving at juxtaposed ports. Existing guidance does reference elect to embark, however we acknowledge that this should sit within the overall national policy framework and should have defined processes for both UK and juxtaposed ports. In order to deliver robust guidance nationally, supported by any identified digital changes to case working systems this will take longer than the three-month timeframe outlined. We expect to deliver this update by April 2023.

3. Within 3 months, conduct and publish a review to ascertain on what grounds particular nationalities are being subjected to a greater level of scrutiny than others at juxtaposed controls.

3.1 Not accepted

3.2 Whilst the data shows that people from particular nationalities arriving at the juxtaposed controls have received more intervention at the border than others, this, in of itself does not mean that the Home Office has acted disproportionately given that the size of national cohorts arriving at the controls is not available for comparison. Examination at the border is undertaken based on the information provided by passengers, and not on the basis of their nationality. All passengers are treated with respect and their circumstances are considered on an individual basis. The Home Office has safeguards in place to assure operations at the border, regularly monitors the available data and will continue to keep this under regular review to ensure that there continues to be no policy intent or application at the juxtaposed controls, or other locations, that creates disproportionate outcomes for any travellers. We therefore do not accept that a specific review is required.