Recommendations & Conclusions
36 items
1
Conclusion
Fourth Report - Equality and the UK asy…
Not Addressed
The asylum system is undergoing substantial reform, in part due to the Home Office’s inability to process the volume of asylum claims it receives effectively and expeditiously. The Government is now seeking to reduce the ability of people to claim asylum in the UK despite recent figures showing the majority …
Read more
The asylum system is undergoing substantial reform, in part due to the Home Office’s inability to process the volume of asylum claims it receives effectively and expeditiously. The Government is now seeking to reduce the ability of people to claim asylum in the UK despite recent figures showing the majority of those seeking to do so will have a genuine claim and would, in all likelihood, meet the criteria to be accepted. As this Report will set out, people with vulnerabilities arising from Equality Act protected characteristics are particularly affected. This cohort is experiencing unnecessary risks under the Home Office’s current management of the asylum process, and recent and proposed changes to the system may lead to those risks increasing. (Paragraph 32) Equality data on decisions and final outcomes
Show less
Government response AI summary
The government does not directly address the committee's concerns about increasing risks for vulnerable groups under proposed asylum changes, instead reiterating its commitment to the Illegal Migration Act and asserting that any differential impact is proportionate to tackling illegal migration.
Read full response →
Government Equalities Office
2
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
It is not currently possible from published official data to monitor outcomes in the asylum process for groups of people with vulnerabilities arising from Equality Act protected characteristics. Experimental statistics on sexual orientation-based claims are a good start and we welcome the Home Office’s intention to increase its collection of …
Read more
It is not currently possible from published official data to monitor outcomes in the asylum process for groups of people with vulnerabilities arising from Equality Act protected characteristics. Experimental statistics on sexual orientation-based claims are a good start and we welcome the Home Office’s intention to increase its collection of data on protected characteristics and UN Convention protection grounds. Data collection and transparency is the vital first step needed to ensure that inequalities in the process can be identified and addressed. We recommend the Home Office collect and publish data in relation to claims, initial decisions, appeals and final outcomes disaggregated by: UN Convention ground; whether the claim included sexual and gender-based violence and other abuse; and the protected characteristics of claimants. (Paragraph 40) Asylum decision-making
Show less
Government response AI summary
The government states it already publishes some requested data and is developing a new caseworking system (Atlas) to improve data recording capabilities. It hopes to publish further disaggregated details, such as grounds for asylum, once this new system is established, acknowledging current challenges with data …
Read full response →
Government Equalities Office
3
Recommendation
Fourth Report - Equality and the UK asy…
Accepted
The Home Office’s heavy reliance on a single substantive asylum interview disadvantages women with histories of sexual and gender-based violence and abuse. These women will invariably be experiencing the effects of trauma and related mental health issues, with potential effects on memory and their ability to provide a cogent, chronological …
Read more
The Home Office’s heavy reliance on a single substantive asylum interview disadvantages women with histories of sexual and gender-based violence and abuse. These women will invariably be experiencing the effects of trauma and related mental health issues, with potential effects on memory and their ability to provide a cogent, chronological narrative of what has happened to them. This can unfairly harm their claim. We recommend the Home Office establish a specially trained team to determine the claims of women with histories of sexual and gender-based violence and abuse. It should not rely on a single substantive interview to determine such claims. Women should be afforded sufficient time and space to recount distressing and traumatic experiences in a safe and supportive environment. They should be supported in all aspects of the process by an independent specialist advocate.
Show less
Government response AI summary
The government states that its existing “Gender issues in the asylum claim” policy already ensures interviews are responsive to trauma, allows breaks and subsequent interviews where needed, identifies vulnerable claimants, and permits companions in exceptional circumstances. They do not commit to establishing a specially trained …
Read full response →
Government Equalities Office
4
Recommendation
Fourth Report - Equality and the UK asy…
Not Addressed
The Home Office document, ‘Gender issues in the asylum claim’, includes very welcome guidance on gender sensitive asylum interview practice, including on meeting claimants’ requests for female interviewers, providing childcare where necessary and allowing female claimants to have a friend or other companion present to provide emotional or medical support. …
Read more
The Home Office document, ‘Gender issues in the asylum claim’, includes very welcome guidance on gender sensitive asylum interview practice, including on meeting claimants’ requests for female interviewers, providing childcare where necessary and allowing female claimants to have a friend or other companion present to provide emotional or medical support. It is regrettable that awareness of 72 Equality and the UK asylum process these policies among asylum-seeking women appears to be low and that requests, when made, often go unmet. It is crucial that all asylum-seeking women are aware of the opportunity to make gender sensitive interview requests, and that such requests are met. We recommend that the Home Office immediately carries out, and publishes within three months, a review of the implementation of its gender sensitive interview guidance, including requests for female interviewers and interpreters, provision of childcare, and presence at substantive interviews of emotional and medical support companions. Alongside this review, it should publish an action plan to ensure all female asylum claimants are aware of these policies and requests made in accordance with the guidance are met.
Show less
Government response AI summary
The government describes its existing processes for informing asylum claimants about gender-sensitive interview options and for attempting to meet requests. However, it does not commit to carrying out the recommended review of implementation or publishing an action plan, noting it does not record request data …
Read full response →
Government Equalities Office
5
Recommendation
Fourth Report - Equality and the UK asy…
Rejected
The Home Office should demonstrate it is taking effective steps to mitigate the risk of unequal effects in the asylum process. There is a range of distinct difficulties faced by people claiming asylum on grounds of sexual orientation or gender-identity. These claims are difficult to evidence, legally complex and difficult …
Read more
The Home Office should demonstrate it is taking effective steps to mitigate the risk of unequal effects in the asylum process. There is a range of distinct difficulties faced by people claiming asylum on grounds of sexual orientation or gender-identity. These claims are difficult to evidence, legally complex and difficult to determine accurately. They are not determined consistently well, leading to expensive appeals and overturned decisions. We were disappointed that the Minister was unable to set out in any detail the steps the Department has taken since the internal review it conducted in 2019–20 to improve the accuracy of its initial decision-making in such cases. In response to this Report the Home Office should set out the main findings of the 2019–20 review and the steps it has taken to improve decision-making in cases involving sexual orientation and gender identity-based claims.
Show less
Government response AI summary
The government explicitly rejects publishing the main findings of its 2019–20 internal review. It states that it learns from errors through improved guidance, training, and an established quality audit process, including specialist checks for decision-makers handling sexual identity or FGM claims.
Read full response →
Government Equalities Office
6
Conclusion
Fourth Report - Equality and the UK asy…
Rejected
We share expert witnesses’ concerns about the performance of the Home Office Country Policy and Information Team and the accuracy and timeliness of Country Policy and Information Notes (CPINs). We heard several examples of outdated or otherwise inaccurate CPINs leading to poor initial decisions and flawed legal arguments being made, …
Read more
We share expert witnesses’ concerns about the performance of the Home Office Country Policy and Information Team and the accuracy and timeliness of Country Policy and Information Notes (CPINs). We heard several examples of outdated or otherwise inaccurate CPINs leading to poor initial decisions and flawed legal arguments being made, particularly in relation to sexual orientation and gender identity-based claims.
Show less
Government response AI summary
The government dismisses concerns about the Country Policy and Information Team's performance and CPIN quality, stating that a discrete review is not necessary. It explains that CPIT regularly reviews and updates CPINs and its products are already subject to external review.
Read full response →
Government Equalities Office
7
Recommendation
Fourth Report - Equality and the UK asy…
Rejected
We recommend the Home Office conduct a review of the performance of the Country Policy Information Team, including its ability to maintain and update high quality CPINs in a timely manner. We further recommend the Home Office introduce a new programme of training for asylum decision-makers and presenting officers on …
Read more
We recommend the Home Office conduct a review of the performance of the Country Policy Information Team, including its ability to maintain and update high quality CPINs in a timely manner. We further recommend the Home Office introduce a new programme of training for asylum decision-makers and presenting officers on correctly using and interpreting CPINs in the claim determination process.
Show less
Government response AI summary
The government rejects the recommendation to conduct a review of the Country Policy and Information Team's performance, stating it is not necessary. Regarding training, it notes that decision-makers receive a bespoke module on CPIN use as part of the current training programme, and work is …
Read full response →
Government Equalities Office
8
Conclusion
Fourth Report - Equality and the UK asy…
Accepted
Biased or prejudiced interpreters can adversely affect a person’s asylum claim, particularly in cases where claims are based on sexual orientation or gender identity and religion or renunciation of religious belief. No interpreter contracted by the Home Office should be able to influence the determination of any claim, particularly where …
Read more
Biased or prejudiced interpreters can adversely affect a person’s asylum claim, particularly in cases where claims are based on sexual orientation or gender identity and religion or renunciation of religious belief. No interpreter contracted by the Home Office should be able to influence the determination of any claim, particularly where this is motivated by their own beliefs, prejudices or stereotyping.
Show less
Government response AI summary
The government explains that interpreters adhere to a code of conduct setting out impartiality expectations, and while unable to mandate training, provides guidance to staff. It also notes redesigned training for asylum decision makers and assurance checks, which emphasize sensitive exploration of identity and aim …
Read full response →
Government Equalities Office
9
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
We recommend the Home Office establish a programme of religious impartiality and LGBT sensitivity training for all language interpreters on its approved list. We further recommend the Department review and enhance its training of asylum interviewers on avoiding application of stereotypes to asylum claimants in sexual orientation and gender identity-based …
Read more
We recommend the Home Office establish a programme of religious impartiality and LGBT sensitivity training for all language interpreters on its approved list. We further recommend the Department review and enhance its training of asylum interviewers on avoiding application of stereotypes to asylum claimants in sexual orientation and gender identity-based claims. (Paragraph 75) Equality and the UK asylum process 73
Show less
Government response AI summary
The government rejects establishing a training programme for interpreters, stating they cannot mandate it for non-Home Office employees but note they adhere to a code of conduct. However, it states it has already redesigned its training program for asylum decision-makers, emphasizing sensitive exploration of sexual …
Read full response →
Government Equalities Office
10
Conclusion
Fourth Report - Equality and the UK asy…
Rejected
There is a lack of access to expert legal representation for people claiming asylum in the UK. This is particularly problematic in relation to complex claims, often involving sexual orientation or gender identity, religious belief or renunciation of belief, and sexual and gender-based violence and abuse. There is evidence that …
Read more
There is a lack of access to expert legal representation for people claiming asylum in the UK. This is particularly problematic in relation to complex claims, often involving sexual orientation or gender identity, religious belief or renunciation of belief, and sexual and gender-based violence and abuse. There is evidence that lack of legal representation during the initial claim determination phase leads to poor initial decisions and unnecessary and expensive appeals later in the process. We agree with expert witnesses that an overhaul of legal aid for these types of complex asylum cases is needed.
Show less
Government response AI summary
The government rejects the committee's suggestion that there is insufficient access to legal advice for asylum seekers, citing existing legal aid provisions and £34m spent in 2021/23. It commits to updating the Exceptional Case Funding process to ensure it is simple and accessible.
Read full response →
Government Equalities Office
11
Recommendation
Fourth Report - Equality and the UK asy…
Deferred
We recommend the Government increases funding for asylum legal aid to ensure specialist support is available for claimants across the UK during the initial determination process, particularly for sexual orientation and gender identity, sexual and gender-based violence and abuse, and religious belief and apostasy-based claims.
Read more
We recommend the Government increases funding for asylum legal aid to ensure specialist support is available for claimants across the UK during the initial determination process, particularly for sexual orientation and gender identity, sexual and gender-based violence and abuse, and religious belief and apostasy-based claims.
Show less
Government response AI summary
The government does not commit to increasing funding for asylum legal aid but states the Ministry of Justice is undertaking a Review of Civil Legal Aid, which will consider options for improving the system for immigration and asylum matters.
Read full response →
Government Equalities Office
12
Conclusion
Fourth Report - Equality and the UK asy…
Not Addressed
In order to fulfil the Prime Minister’s pledge to clear a substantial part of the backlog of asylum cases this year, the Home Office will need many more highly-trained decision-makers making initial decisions faster. Data on decision-making rates and appeal outcomes show initial decisions are far too slow and too …
Read more
In order to fulfil the Prime Minister’s pledge to clear a substantial part of the backlog of asylum cases this year, the Home Office will need many more highly-trained decision-makers making initial decisions faster. Data on decision-making rates and appeal outcomes show initial decisions are far too slow and too often wrong. Evidence also shows delays in the Home Office engaging with the Tribunals and actioning its decisions.
Show less
Government response AI summary
The government's response describes existing specialised training modules for asylum decision-makers and past collaboration with experts, stating it will seek to do so in any future review. It does not address the committee's concerns about the need for more highly-trained decision-makers, the slowness or wrongness …
Read full response →
Government Equalities Office
13
Conclusion
Fourth Report - Equality and the UK asy…
Not Addressed
The Home Office must establish a new programme of training for Home Office decision- makers and presenting officers particularly on matters concerning gender, sexual orientation and gender identity-based asylum claims. Training should be delivered by independent expert stakeholders, drawing on lived experiences of refugees. The Home Office must also improve …
Read more
The Home Office must establish a new programme of training for Home Office decision- makers and presenting officers particularly on matters concerning gender, sexual orientation and gender identity-based asylum claims. Training should be delivered by independent expert stakeholders, drawing on lived experiences of refugees. The Home Office must also improve the timeliness of its actions once notice of an appeal has been served and when an outcome is known. It is simply unacceptable, as well as unnecessarily costly for the taxpayer, for successful appellants to then have to wait months for their leave to be granted. (Paragraph 94) Asylum support
Show less
Government response AI summary
The government states that initial training for asylum decision-makers already includes specialised modules and that it has collaborated with experts previously. However, it does not commit to establishing a *new* training programme delivered by *independent expert stakeholders* or to improving the *timeliness* of post-appeal actions.
Read full response →
Government Equalities Office
14
Conclusion
Fourth Report - Equality and the UK asy…
Rejected
£40 per week was clearly inadequate to meet the essential living needs of people seeking asylum in the UK. Women, including those with children, face particular difficulties and near-impossible choices about how to provide for themselves and their families. It is unsurprising that the High Court ordered an immediate increase …
Read more
£40 per week was clearly inadequate to meet the essential living needs of people seeking asylum in the UK. Women, including those with children, face particular difficulties and near-impossible choices about how to provide for themselves and their families. It is unsurprising that the High Court ordered an immediate increase to £45—the “minimum legal action required” for the Home Secretary to meet her legal duty. It is clear that a long-term solution is required after many years of below inflation increases to asylum support have left people facing severe poverty. We believe the simplest, fairest and most sustainable solution is to link the rate of asylum support to that of the main annually uprated mainstream social security benefit. In the context of the asylum system, this would also be relatively inexpensive, at a likely initial annual cost in the low tens of millions of pounds.
Show less
Government response AI summary
The government rejects the committee's implicit suggestion to link asylum support to Universal Credit, stating its position remains that Universal Credit is not set according to the 'essential living needs' test but to 'help with basic living costs'.
Read full response →
Government Equalities Office
15
Recommendation
Fourth Report - Equality and the UK asy…
Rejected
We recommend the Government set the weekly asylum support payments at 70% of the standard over 25s rate of Universal Credit. The Government should also consider increasing the payment for women to address specifically concerns regarding period poverty. (Paragraph 111) 74 Equality and the UK asylum process
Read more
We recommend the Government set the weekly asylum support payments at 70% of the standard over 25s rate of Universal Credit. The Government should also consider increasing the payment for women to address specifically concerns regarding period poverty. (Paragraph 111) 74 Equality and the UK asylum process
Show less
Government response AI summary
The government rejects the recommendation to set weekly asylum support payments at 70% of Universal Credit, reiterating its stance that Universal Credit is not for 'essential living needs.' It does not address the suggestion for increased payments for women for period poverty.
Read full response →
Government Equalities Office
16
Conclusion
Fourth Report - Equality and the UK asy…
Acknowledged
Substandard conditions in asylum accommodation are unacceptable. No one should have to endure unsanitary conditions, particularly people who are vulnerable. The slow claim determination process means people can be stuck in poor accommodation for excessive periods leading to and exacerbating adverse effects on people’s physical and mental health. Concerns over …
Read more
Substandard conditions in asylum accommodation are unacceptable. No one should have to endure unsanitary conditions, particularly people who are vulnerable. The slow claim determination process means people can be stuck in poor accommodation for excessive periods leading to and exacerbating adverse effects on people’s physical and mental health. Concerns over the standard of asylum accommodation have been raised repeatedly over many years. It is disappointing that the latest round of contracts to provide such accommodation appear to have yielded little improvement. It is also concerning that the Government is now planning to exempt those properties from basic safety requirements.
Show less
Government response AI summary
The government acknowledges challenges in securing suitable accommodation for asylum seekers, reaffirms its commitment to decent standards, and states that it will take action, including financial penalties, where providers fail to meet these standards.
Read full response →
Government Equalities Office
17
Recommendation
Fourth Report - Equality and the UK asy…
Acknowledged
The Home Office must do more to ensure contracted providers of asylum accommodation provide accommodation of a decent, safe standard and hold contractors to account with financial penalties when they fail to do so. The Home Office should enhance its resources for inspection and contract management and give particular regard …
Read more
The Home Office must do more to ensure contracted providers of asylum accommodation provide accommodation of a decent, safe standard and hold contractors to account with financial penalties when they fail to do so. The Home Office should enhance its resources for inspection and contract management and give particular regard to the experiences of pregnant women and those with young children.
Show less
Government response AI summary
The government acknowledges challenges in securing suitable accommodation for asylum seekers, reaffirms its commitment to decent standards, and states that it will take action, including financial penalties, where providers fail to meet these standards.
Read full response →
Government Equalities Office
18
Conclusion
Fourth Report - Equality and the UK asy…
Acknowledged
We were disturbed to hear reports of serious safeguarding issues, including LGBT hate crime and violence against women, occurring in all types of asylum accommodation. Despite the asylum support contracts safeguarding framework, published in May 2022, many settings appear to lack effective complaints and safeguarding mechanisms. It is unacceptable that …
Read more
We were disturbed to hear reports of serious safeguarding issues, including LGBT hate crime and violence against women, occurring in all types of asylum accommodation. Despite the asylum support contracts safeguarding framework, published in May 2022, many settings appear to lack effective complaints and safeguarding mechanisms. It is unacceptable that reported issues are routinely ignored.
Show less
Government response AI summary
The government states that the safety and wellbeing of asylum seekers is paramount and that they have measures in place to protect vulnerable individuals, including working with accommodation providers, having a safeguarding policy, training staff, and a dedicated safeguarding team.
Read full response →
Government Equalities Office
19
Recommendation
Fourth Report - Equality and the UK asy…
Accepted
The Home Office should conduct an urgent review of safeguarding policies and practices across all asylum support contracts, to ensure the asylum support contracts safeguarding framework is being consistently and effectively implemented in all settings. It should publish its review and an action plan within three months. We further recommend …
Read more
The Home Office should conduct an urgent review of safeguarding policies and practices across all asylum support contracts, to ensure the asylum support contracts safeguarding framework is being consistently and effectively implemented in all settings. It should publish its review and an action plan within three months. We further recommend the Home Office increase contracted provision of female-only and family-only accommodation, and dedicated safe asylum accommodation for LGBT people.
Show less
Government response AI summary
The government states that the safety and wellbeing of all asylum seekers is of paramount importance and describes existing safeguarding measures, policies, and procedures.
Read full response →
Government Equalities Office
20
Conclusion
Fourth Report - Equality and the UK asy…
Acknowledged
Accommodation of asylum seekers with a range of vulnerabilities arising from protected characteristics, including single women, mothers, children and LGBT people, in crowded hotel and other contingency accommodation, including the recently acquired accommodation barges, is unacceptable from both safeguarding and equalities perspectives. Despite the asylum support contracts safeguarding framework, we …
Read more
Accommodation of asylum seekers with a range of vulnerabilities arising from protected characteristics, including single women, mothers, children and LGBT people, in crowded hotel and other contingency accommodation, including the recently acquired accommodation barges, is unacceptable from both safeguarding and equalities perspectives. Despite the asylum support contracts safeguarding framework, we heard evidence of clear safeguarding risks and people living in fear, often for many months. While the practice of accommodating asylum seekers in hotels and other forms of contingency accommodation persists, there must be effective policies and practices in place to protect vulnerable adults and children from harm.
Show less
Government response AI summary
The government states that the safety and wellbeing of asylum seekers is of paramount importance and that they have measures in place to protect vulnerable individuals, including working with accommodation providers, having a safeguarding policy, training staff, and a dedicated safeguarding team.
Read full response →
Government Equalities Office
21
Recommendation
Fourth Report - Equality and the UK asy…
Accepted
As part of the safeguarding review and action plan recommended above, the Home Office must publish a robust safeguarding policy in relation to the use of hotels and other facilities as contingency accommodation. This should include a requirement for a needs-based risk assessment to be carried out before any women, …
Read more
As part of the safeguarding review and action plan recommended above, the Home Office must publish a robust safeguarding policy in relation to the use of hotels and other facilities as contingency accommodation. This should include a requirement for a needs-based risk assessment to be carried out before any women, families, children, or LGBT people at risk of hate crime are housed in hotels and other types of contingency accommodation alongside single men. (Paragraph 134) Equality and the UK asylum process 75
Show less
Government response AI summary
The government states that the safety and wellbeing of all asylum seekers is of paramount importance and describes existing safeguarding measures, policies, and procedures.
Read full response →
Government Equalities Office
22
Conclusion
Fourth Report - Equality and the UK asy…
Accepted in Part
The Home Office is too often failing to comply with guidance on moving pregnant women and new mothers between asylum accommodation settings. The guidance is clear that such moves are potentially harmful and should only be made where advice on safety has first been sought from a clinician and acted …
Read more
The Home Office is too often failing to comply with guidance on moving pregnant women and new mothers between asylum accommodation settings. The guidance is clear that such moves are potentially harmful and should only be made where advice on safety has first been sought from a clinician and acted on. We heard that the health of mothers and babies has been put at risk, with moves taking place within days of women’s due dates and shortly after births. This is dangerous and unacceptable. There is a lack of data on pregnant women in the system by which to monitor the Home Office’s compliance with its own guidance.
Show less
Government response AI summary
The government acknowledges the vulnerability of pregnant women and new mothers and states that it has updated internal guidance to make clear the requirement to record and monitor moves of these women between asylum accommodation settings.
Read full response →
Government Equalities Office
23
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
The Home Office must stop moving pregnant women and new mothers between asylum accommodation settings unless clinical advice has been sought and acted on, the mother has consented to a move, and it is in the mother’s and baby’s best interests. The Home Office must collect and publish data on …
Read more
The Home Office must stop moving pregnant women and new mothers between asylum accommodation settings unless clinical advice has been sought and acted on, the mother has consented to a move, and it is in the mother’s and baby’s best interests. The Home Office must collect and publish data on the number of pregnant asylum-seeking women and new mothers in the asylum system, the category of accommodation in which they are living, the number of times they are moved, and in which trimester, and whether on each occasion clinical advice was sought and acted on. (Paragraph 140) Nationality and Borders Act 2022
Show less
Government response AI summary
The government states its policy is that moves should only be made where safety advice has been sought from a clinician and acted on and that they have updated internal guidance to improve data collection and monitoring of moves for pregnant women and new mothers …
Read full response →
Government Equalities Office
24
Conclusion
Fourth Report - Equality and the UK asy…
Rejected
We agree with legal and policy experts that the Government’s equality impact assessment of the Nationality and Borders Act 2022’s asylum provisions is inadequate. There are clear risks, acknowledged by the Government, of unequal effects on asylum claimants with vulnerabilities related to Equality Act protected characteristics. These include women and …
Read more
We agree with legal and policy experts that the Government’s equality impact assessment of the Nationality and Borders Act 2022’s asylum provisions is inadequate. There are clear risks, acknowledged by the Government, of unequal effects on asylum claimants with vulnerabilities related to Equality Act protected characteristics. These include women and girls with histories of sexual and gender- based violence and abuse; LGBT people who have complex sexual orientation and gender-based claims; and disabled people. Without effective mitigations, these groups are likely to be disadvantaged by the new procedures. It is unacceptable that the Home Office remains unable to set out a clear plan to monitor and mitigate unequal effects.
Show less
Government response AI summary
The government believes any differential impact is because of an individual’s conduct and is proportionate to control illegal migration and reduce crime.
Read full response →
Government Equalities Office
25
Recommendation
Fourth Report - Equality and the UK asy…
Rejected
The Home Office must publish an updated equality impact assessment of the Nationality and Borders Act’s asylum provisions within three months. Alongside this assessment it should publish a mitigation plan to prevent discriminatory effects of the Act’s asylum provisions on people with vulnerabilities arising from protected characteristics, including women with …
Read more
The Home Office must publish an updated equality impact assessment of the Nationality and Borders Act’s asylum provisions within three months. Alongside this assessment it should publish a mitigation plan to prevent discriminatory effects of the Act’s asylum provisions on people with vulnerabilities arising from protected characteristics, including women with disclosed histories of sexual and gender-based violence and other forms of abuse, people with physical and mental disabilities, children and families, and LGBT people. It should seek the advice of the Equality and Human Rights Commission to ensure the equality impact assessment and mitigation plan follow best practice and fully comply with the Equality Act’s Public Sector Equality Duty. (Paragraph 154) Detention
Show less
Government response AI summary
The government believes any differential impact is because of an individual’s conduct and is proportionate to control illegal migration and reduce crime.
Read full response →
Government Equalities Office
26
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
The prolonged detention with no certainty of release of asylum-seeking people who pose no threat to the public and for whom there is little prospect of removal from the UK is potentially harmful, impractical and costly. We are deeply concerned that current and planned reforms in the Nationality and Borders …
Read more
The prolonged detention with no certainty of release of asylum-seeking people who pose no threat to the public and for whom there is little prospect of removal from the UK is potentially harmful, impractical and costly. We are deeply concerned that current and planned reforms in the Nationality and Borders Act and Illegal Migration Bill risk turning back the clock on policies intended to ensure detention 76 Equality and the UK asylum process is used only as a last resort, and to reduce the risks of harm to vulnerable people. We recommend the Government set out in response to this Report its planned approach to mitigating risks of harm to vulnerable adults in detention under Nationality and Borders Act and Illegal Migration Bill provisions, including whether it remains committed to the Adults at Risk in detention policy established after the Shaw reviews in 2016 and 2018. The Government has not yet set out its planned approach to the detention of children under Illegal Migration Bill provisions. We strongly believe the Government should abandon any intention of detaining asylum-seeking children under those provisions.
Show less
Government response AI summary
The government confirms its commitment to the Adults at Risk in Immigration Detention policy to mitigate harm to vulnerable adults. However, it rejects abandoning the detention of asylum-seeking children, instead outlining limited circumstances under the Illegal Migration Act where such detention may occur, and noting …
Read full response →
Government Equalities Office
27
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
Monitoring and mitigating adverse effects of detention on groups of asylum seekers with vulnerabilities arising from Equality Act protected characteristics requires much improved data. The Government should collect and publish data on the protected characteristics of detained asylum seekers, including where they are detained and for how long.
Read more
Monitoring and mitigating adverse effects of detention on groups of asylum seekers with vulnerabilities arising from Equality Act protected characteristics requires much improved data. The Government should collect and publish data on the protected characteristics of detained asylum seekers, including where they are detained and for how long.
Show less
Government response AI summary
The government states it already publishes data on some protected characteristics like age, sex, nationality, and pregnant women in detention, along with length and place of detention. It acknowledges methodological challenges in collecting full protected characteristics data but is actively working on understanding this and …
Read full response →
Government Equalities Office
28
Recommendation
Fourth Report - Equality and the UK asy…
Not Addressed
We welcome the Government’s announcement that all Detained Duty Advice Scheme appointments in immigration detention, including Derwentside Immigration Removal Centre (IRC), will now be delivered face-to-face. However, the Government must address further potential barriers to accessing legal advice in Derwentside IRC. It must ensure that information in foreign languages about …
Read more
We welcome the Government’s announcement that all Detained Duty Advice Scheme appointments in immigration detention, including Derwentside Immigration Removal Centre (IRC), will now be delivered face-to-face. However, the Government must address further potential barriers to accessing legal advice in Derwentside IRC. It must ensure that information in foreign languages about how to access legal advice is more readily available and displayed on posters throughout Derwentside IRC and the wider immigration removal estate. The Government must also take steps to improve mobile phone reception in Derwentside IRC and set out in response to this Report the steps it has taken to do so. (Paragraph 175) UK/Rwanda Migration and Economic Development Partnership
Show less
Government response AI summary
The government's response describes existing verbal advisories on legal representation provided during induction, with interpreters available, but it does not address the recommendation to display information about legal advice in foreign languages on posters or to take steps to improve mobile phone reception in Derwentside …
Read full response →
Government Equalities Office
29
Conclusion
Fourth Report - Equality and the UK asy…
Accepted
We are deeply concerned that the Home Office’s case-by-case risk assessments prior to issuing notices of intent to remove potentially inadmissible asylum claimants to Rwanda appear to be inadequate. There is evidence that a significant number of vulnerable people, to whom the removal process would very likely be harmful, have …
Read more
We are deeply concerned that the Home Office’s case-by-case risk assessments prior to issuing notices of intent to remove potentially inadmissible asylum claimants to Rwanda appear to be inadequate. There is evidence that a significant number of vulnerable people, to whom the removal process would very likely be harmful, have received such notices. The Home Office should suspend all notices of intent and review its initial screening procedures. No new notices of intent should be issued until the legal challenges to the policy are complete. Should removals to Rwanda be operationalised, we believe thorough vulnerability assessments should be undertaken prior to issuing notices of intent, to avoid the risk of harm to individuals.
Show less
Government response AI summary
The government defends its existing Notice of Intent process and Adults at Risk policy, stating that these mechanisms already allow individuals to raise vulnerabilities and ensure regular reviews, without committing to suspending notices or reviewing initial screening procedures as recommended.
Read full response →
Government Equalities Office
30
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
We believe the risks of harm to children arising from the removal process outweigh any risks of damaging the intended deterrent effect of the Rwanda policy. The Government should abandon any intention of forcibly removing children to Rwanda.
Government response AI summary
The government does not abandon the intention but states that unaccompanied children will only be removed in very limited circumstances and only once they reach adulthood. Children would only be relocated as part of family groups, subject to a further assessment of Rwanda’s capacity.
Read full response →
Government Equalities Office
31
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
Should removals to Rwanda be operationalised after the legal challenges are complete, the Government must record and publish full equality data, disaggregated by Equality Act protected characteristics, of people issued with a notice of intent; people issued with a notice of removal; and those removed to Rwanda. It should also …
Read more
Should removals to Rwanda be operationalised after the legal challenges are complete, the Government must record and publish full equality data, disaggregated by Equality Act protected characteristics, of people issued with a notice of intent; people issued with a notice of removal; and those removed to Rwanda. It should also collect and publish equality data disaggregated by protected characteristics of those who challenge in the courts a decision to remove them, and the outcomes of those legal challenges. Equality and the UK asylum process 77 The Government should also set out how it intends to monitor and ensure that those removed to Rwanda do not suffer harm or experience discrimination in that country. (Paragraph 186) Best practice in resettlement and humanitarian visa pathways
Show less
Government response AI summary
The government publishes some statistics and acknowledges challenges in collecting full disaggregated equality data, stating active work is underway to improve this with a new case working system. It confirms that a joint committee and an independent monitoring committee have been established to monitor the …
Read full response →
Government Equalities Office
32
Recommendation
Fourth Report - Equality and the UK asy…
Accepted
The Vulnerable Persons Resettlement Scheme (VPRS) provides a recent good practice example of an effective resettlement scheme, which was successfully scaled up in response to a migrant crisis. The scheme was adequately and predictably funded with a clear target for the number of refugees to be resettled, providing local authorities …
Read more
The Vulnerable Persons Resettlement Scheme (VPRS) provides a recent good practice example of an effective resettlement scheme, which was successfully scaled up in response to a migrant crisis. The scheme was adequately and predictably funded with a clear target for the number of refugees to be resettled, providing local authorities with the certainty they needed to plan and take part with confidence. The VPRS included a clear package of integration support, with improvements made to housing and employment support over time. The Government should replicate the VPRS approach in the UK Resettlement Scheme and in response to future migrant crises.
Show less
Government response AI summary
The government states that the UK Resettlement Scheme (UKRS) is a direct successor to the VPRS, building on its success with a flexible approach and a core tariff for local authorities based on the VPRS integration package. It also highlights the new Refugee Employability Programme …
Read full response →
Government Equalities Office
33
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
In contrast to the generally positive experiences of many Syrians who came to the UK via the Vulnerable Persons Resettlement Scheme, many Afghan refugees’ experiences of resettlement have been fraught with difficulty. While some of the early issues were a consequence of the unplanned nature, and sheer scale, of the …
Read more
In contrast to the generally positive experiences of many Syrians who came to the UK via the Vulnerable Persons Resettlement Scheme, many Afghan refugees’ experiences of resettlement have been fraught with difficulty. While some of the early issues were a consequence of the unplanned nature, and sheer scale, of the evacuation of Kabul, the Government has been too slow to respond to meet the needs of Afghan refugees, particularly those with vulnerabilities related to protected characteristics. It is deeply concerning that only 22 vulnerable refugees identified by the UNHCR in pathway 2 of the Afghan Citizens Resettlement Scheme had been resettled in the UK by the end of 2022, some 16 months after control of Afghanistan was ceded to the Taliban. Pathway 2 is currently the only viable route to safety in the UK for many women and girls and ethnic and religious minorities at extreme risk of persecution and violence. The Government must set out its plans for pathway 2 as a matter of urgency, including a clear and manageable target for the number of arrivals over the coming years. It should do so in response to this Report.
Show less
Government response AI summary
The government details its commitment to Pathway 2 of the Afghan Citizens Resettlement Scheme, noting 40 arrivals by March 2023 and having requested 2,000 referrals from UNHCR in the first year. It states it will continue to receive referrals but will manage flows based on …
Read full response →
Government Equalities Office
34
Recommendation
Fourth Report - Equality and the UK asy…
Not Addressed
Accommodation of Afghan refugees in bridging hotels for many months has been deeply problematic, with serious safeguarding issues for people with vulnerabilities arising from protected characteristics, including women and children enduring crowded conditions alongside single men. For many, integration and employment support has been entirely lacking. The lessons of the …
Read more
Accommodation of Afghan refugees in bridging hotels for many months has been deeply problematic, with serious safeguarding issues for people with vulnerabilities arising from protected characteristics, including women and children enduring crowded conditions alongside single men. For many, integration and employment support has been entirely lacking. The lessons of the Afghan resettlement programme must be learnt so that mistakes are not repeated in future migrant crises. The Government should commission, and publish within six months, an independent review and equality impact assessment of its approach to the resettlement of people from Afghanistan, including the funding model, use of hotels as bridging accommodation, and the integration support package.
Show less
Government response AI summary
The government details the support, funding, and services provided to Afghan refugees, stating that resettlement schemes are continuously monitored internally. However, it does not commit to commissioning or publishing an independent review and equality impact assessment within six months, as recommended.
Read full response →
Government Equalities Office
35
Recommendation
Fourth Report - Equality and the UK asy…
Accepted
The online visa application processes for the Ukrainian humanitarian protection pathways are a barrier to access for several groups of people with protected characteristics. These include older and younger people, Roma and other ethnic minority groups, and disabled people. We appreciate that the schemes were designed at pace and that …
Read more
The online visa application processes for the Ukrainian humanitarian protection pathways are a barrier to access for several groups of people with protected characteristics. These include older and younger people, Roma and other ethnic minority groups, and disabled people. We appreciate that the schemes were designed at pace and that barriers to access may have been unavoidable in the early stages. However, more than a year later we expect action to have been taken to improve access to visa applications for those previously excluded. The Government should 78 Equality and the UK asylum process set out in response to this Report the actions it has taken or plans to take to address these barriers. In relation to disabled people’s access to the scheme and suitable accommodation, we recommend the Government expand across the UK the enhanced support previously available via the Scottish and Welsh governments’ “super-sponsor” schemes.
Show less
Government response AI summary
The government details existing measures to address online visa application barriers, such as allowing sponsors to fill forms, providing translations, offering evidential flexibility, and a helpline. For disabled people, it notes councils are advised to check accommodation suitability and conduct needs assessments, but redirects the …
Read full response →
Government Equalities Office
36
Recommendation
Fourth Report - Equality and the UK asy…
Not Addressed
We heard worrying evidence of safeguarding risks to vulnerable adults and children where UK sponsors and Ukrainians in the Homes for Ukraine scheme have self- matched via the internet and social media. We welcome safeguarding guidance to local authorities published earlier this year, but it is regrettable that it was …
Read more
We heard worrying evidence of safeguarding risks to vulnerable adults and children where UK sponsors and Ukrainians in the Homes for Ukraine scheme have self- matched via the internet and social media. We welcome safeguarding guidance to local authorities published earlier this year, but it is regrettable that it was not published sooner. It is not clear the extent to which safeguarding concerns in relation to self-matching of UK sponsors and Ukrainians in the Homes for Ukraine scheme have arisen and what action, if any, has been taken to address them. The Government should set out in response to this Report the steps it has taken to monitor and mitigate safeguarding concerns within the Ukrainian schemes. It should carry out a review of safeguarding in the schemes within three months, to ensure that lessons are learnt and any failings not repeated. (Paragraph 221) Equality and the UK asylum process 79
Show less
Government response AI summary
The government details existing safeguarding measures within the Ukrainian schemes, including mandatory security and DBS checks, welfare visits by councils, and guidance for online matching. However, it does not commit to carrying out a specific review of safeguarding within three months as recommended.
Read full response →
Government Equalities Office