Independent report

Review of the MOD's use of DNA testing in response to the Singh Review into the mandating of DNA testing for immigration purposes in the Home Office

Updated 28 February 2020

Introduction

On 10 June the government published a report by Darra Singh OBE into the Home Office’s response to the mandating of DNA evidence for immigration purposes. The report was commissioned by the Home Secretary to provide independent oversight of the effectiveness of remedial action taken by the Home Office when this practice came to light in 2018; the Home Office responded to that report on the same day.

The Home Office has put in place financial redress arrangements for those who were affected by this practice. The Singh Review identified that a cohort of Gurkhas and their families had been caught up in the mandating of DNA testing, following adjustments in the rules governing the right of Adult Dependent Children to be granted settled status under the 2009 Special Arrangements introduced for Gurkhas to obtain settlement in the UK.

The Singh Review concluded that:

“The Home Office should complete more work to gain a full account of each cohort. This includes working with the MoD to ascertain how many adult dependent relatives have had DNA based evidence mandated for immigration purposes and which OASU identified cases provided DNA based evidence and should receive financial redress. They should consolidate all identified cohorts into one performance management pack, representing the totality of people impacted.”

In response the Home Office accepted this recommendation (recommendation 3) stated that:

“The Home Office will continue its work to gain as full an account as possible of each cohort, and to identify the totality of people impacted. We will work with the MOD to provide any Home Office assistance needed in identifying or contacting those individuals whom the MOD required to submit DNA test results prior to adding them to the Kindred Roll.”

The MOD has now concluded its review of the impact of this practice on the Gurkha cohort and this report represents the findings of this additional work. This Review was led by a Senior Civil Servant in the Ministry of Defence who had access to all the information believed to be held by the Ministry of Defence on this subject.

The Review was conducted in concert with the Home Office team responsible for the implementation of the findings and recommendation of the Singh and Alcock Reviews. Both departments have worked closely together in the preparation of this report.

Findings

The Review has found that:

• between June 2015 and 10 October 2018, the Ministry of Defence through British Gurkhas Nepal, did incorrectly mandate the use of DNA tests for the purposes of entry onto the Gurkha Kindred Roll. This practice was introduced to support the maintenance of the integrity of the Kindred Roll following an increase in suspected fraudulent applications. However, the audit trail, decision-making and record keeping to support this decision was below the standard which should have been expected

• the practice of requiring DNA tests was introduced locally and independently by British Gurkhas Nepal without reference to the Ministry of Defence or any higher Army authority and without any request or instruction to do so by the Home Office

• around 1,400 Gurkha veterans and members of their families in 419 family groups were required to undertake a DNA test for the purposes of entry into the Kindred Roll

• the Ministry of Defence ceased the practice of requiring a DNA test for the purposes of entry into the Kindred Roll in October 2018 when it became aware of the practice. It has subsequently reverted to a policy of individuals having the option to voluntarily provide DNA samples to support Kindred Roll applications

• this practice of incorrectly requiring DNA tests occurred, in part, due to insufficient oversight and assurance of the operation and policies in use by the Gurkha Records Office by British Gurkhas Nepal and their higher army chain of command

• the use of the Gurkha Kindred Roll as a source of identity verification for claims for Settlement under the 2009 Special Arrangements has contributed to an informal approach in British Gurkhas Nepal where practices have emerged based on interpretations of Home Office practices.

Report

• the Ministry of Defence was alerted to the practice of Gurkha veterans being required to provide DNA tests in Nepal when the Home Office approached officials in October 2018. This was part of the Home Office’s work to support the Alcock Review of the government’s policy on requirements to provide DNA in visa and asylum cases; this preceded the Singh Review

• having had this practice brought to its attention MOD officials accepted that there was no legal basis for requiring Gurkha veterans to provide a DNA sample for any purpose, including that of entry into the Kindred Roll. As no legal instrument exists for this this practice, MOD issued instructions to British Gurkhas Nepal to stop the practice of requiring DNA samples to be taken from veterans in October 2018

• correspondence seen by the review which was originated in British Gurkhas Nepal states that DNA testing was introduced in June 2015:

“In order for [the] Records Office to establish facts it was the only system deemed most effective at the time…the exclusive aim of this new policy therefore was to ascertain whether or not the children applying to be registered on the Kindred Roll were genuine.”

• the Kindred Roll is an important document in the history of the Brigade of Gurkhas. It is administered by the Gurkha Records Office based in British Gurkhas Nepal, Pokhara and is used for 2 purposes

• firstly, and primarily, to register Gurkhas and their spouses and dependents for the purposes of inheriting a Gurkha Pension, which children of a Gurkha veteran can do up to the age of 23

• secondly it has, over time, also been used as a source to support the verification that an individual served in the Gurkhas and that they, and any eligible family members, are entitled to settle in the United Kingdom under the 2009 Special Arrangements

• it is this quasi-fusion with Home Office immigration systems which both created an awareness in British Gurkhas Nepal of the potential opportunities of DNA testing and led them to mirror the practice of DNA testing which was in use by the Home Office at the time

• the Review acknowledges that, where it is used voluntarily, DNA testing is useful in speeding up decisions on familial links for, in this case, the purpose of the entry onto the Kindred Roll

• having decided to introduce a policy of requiring a DNA test for entry onto the Kindred Roll arrangements were made with a DNA testing facility in Nepal to facilitate this. The costs of the test were borne by the individuals when they attended the DNA test centre

• based on the records it has seen the Review is satisfied that the policy was introduced for genuine reasons, that is to try and counter a growth in suspected fraudulent attempts to be entered onto the Kindred Roll. However, the Review has found no evidence that this decision was informed by any legal or wider policy advice on the legitimacy and legal underpinning of such a process

• this represents a failure in process by the British Gurkhas Nepal chain of command at that time. The review has not found any records that indicate anyone in the higher Chain of Command or wider Ministry of Defence was aware that British Gurkhas Nepal was operating a policy of requiring individuals to provide DNA tests for the purposes of entry onto the Kindred Roll prior to being notified by the Home Office that they believed this practice was in use

• whilst there is some correlation between individuals undertaking a DNA test and subsequently visiting the Gurkha Settlement Office in Nepal, the Review has seen no evidence that the Home Office asked the Ministry of Defence (or British Gurkhas Nepal) to introduce or adopt any policy or practice in relation to DNA testing either on its behalf or for another purpose

• british Gurkhas Nepal continue to operate a voluntary process for providing DNA samples to support entry onto the Kindred Roll, with the costs borne by the individuals. The Review is satisfied that this policy is in line with the statement by the then Home Secretary on 7 June 2018 that [in relation to the immigration system] “It is open to individuals to provide DNA evidence if they choose but this would be on an entirely voluntary basis…”.

Numbers Impacted

Between June 2015 and 10 October 2018 records show 419 family groupings were required to undertake DNA testing, of which 410 families complied and underwent testing. These tests often involved multiple individuals from the same family grouping. Based on the records seen by the Review, around 1400 people may have been required to undertake a DNA test.

Lessons and response

The Ministry of Defence accepts that the practice of requiring individuals to undertake a DNA test was wrong and should not have occurred. In conducting this Review a number of lessons have been identified which will be implemented in full. These are:

• future changes in policy or practice associated with the operation and maintenance of the integrity of the Kindred Roll should be subject to legal analysis and verified by the appropriate authorities in the Ministry of Defence and Army chain of command, including with reference to the obligations and duties of the Equality Act 2010, before they are enacted

• an examination of all relevant documentation and practice has already been initiated by the Ministry of Defence for this purpose

• a regular system of oversight and assurance should be introduced to ensure that activities within British Gurkhas Nepal are more routinely informed by the best, and most appropriate practice, from wider Ministry of Defence and UK Government systems

• this should include emphasis on the systems used to keep records of decision-making which the Review has found to be unsatisfactory on this issue

• the Ministry of Defence should take steps to ensure that the emphasis of the work of the Gurkha Records Office is focused on sustaining the integrity of the Kindred Roll as an independent and important document in Gurkha history, taking steps to create a greater ‘air-gap’ between its core purpose around Gurkha pensions and the quasi-immigration verification function it has developed in more recent years

• the Review judges that this later element contributed significantly to the adoption of practices officials believed to be in line with mandated UK immigration practice

• the Ministry of Defence should ensure that best practice systems are adopted to help ensure the integrity of the Kindred Roll, investing the necessary resources, including staff training, to do so

• the Ministry of Defence should develop its relationship further with the Home Office Border, Immigration and Citizenship System to ensure that it is able to provide greater support to all elements of British Gurkhas Nepal where its activities, through the Gurkha Records and Settlement Offices - have aspects which have the potential to be used for quasi-immigration or immigration verification purposes.

Redress

• in light of this Review’s findings the Ministry of Defence will set up a system of redress for those individuals who were incorrectly required to undertake a DNA test by British Gurkhas Nepal. This system will mirror the principles of the system set up by the Home Office to ensure for parity of treatment for those affected by the same practice across government departments

• a number of Gurkha veterans have already contacted the Home Office to pursue redress through their system. The Ministry of Defence and Home Office have agreed to collaborate on the operation of their respective systems to ensure that there is no duplication of payment for a particular test

• should an individual have had different DNA tests for both the Home Office and the MOD these tests will be treated separately for redress so there is no loss to the individuals concerned. The Ministry of Defence will publish details of the redress system shortly, via British Gurkhas Nepal

• the nine family groups who were refused entry onto the Kindred Roll because they did not take a DNA test will be informed that their cases will be reconsidered. Any pension entitlement that an individual qualifies for as a result of late addition to the Kindred Roll will be backdated to the date they would have otherwise qualified.