Source · Select Committees · Women and Equalities Committee
Fourth Report - Equality and the UK asylum process
Women and Equalities Committee
HC 93
Published 27 June 2023
Recommendations
2
Accepted in Part
Collect and publish disaggregated data on asylum claims, decisions, and outcomes by protected characteristics.
Recommendation
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 …
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Government Response 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 format.
Government Equalities Office
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3
Accepted
Para 48
Establish a specialist team for women's asylum claims involving sexual and gender-based violence.
Recommendation
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 …
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Government Response 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 team or mandating multiple interviews for all such cases.
Government Equalities Office
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4
Not Addressed
Para 52
Review and publish an action plan for implementing gender-sensitive asylum interview guidance effectively.
Recommendation
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 …
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Government Response 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 in an aggregable way.
Government Equalities Office
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5
Rejected
Para 62
Publish findings of 2019-20 review and steps to improve SOGI asylum decision-making.
Recommendation
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. …
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Government Response 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.
Government Equalities Office
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7
Rejected
Para 70
Review Country Policy Information Team performance and introduce training for CPIN interpretation.
Recommendation
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 …
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Government Response 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 underway to review and improve this training.
Government Equalities Office
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9
Accepted in Part
Establish impartiality training for interpreters and enhance interviewer training to avoid SOGI stereotypes.
Recommendation
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 …
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Government Response 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 and gender identity.
Government Equalities Office
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11
Deferred
Para 82
Increase funding for asylum legal aid to ensure specialist support for complex claims nationwide.
Recommendation
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 …
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Government Response 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.
Government Equalities Office
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15
Rejected
Set weekly asylum support at 70% of Universal Credit, considering women's payments.
Recommendation
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) …
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Government Response 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.
Government Equalities Office
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17
Acknowledged
Para 120
Ensure asylum accommodation contractors provide decent, safe standards and face penalties for failures.
Recommendation
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 …
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Government Response 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.
Government Equalities Office
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19
Accepted
Para 128
Conduct urgent review of asylum safeguarding and increase dedicated safe accommodation provision.
Recommendation
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 …
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Government Response 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.
Government Equalities Office
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21
Accepted
Publish robust safeguarding policy for contingency accommodation, including needs-based risk assessments for vulnerable groups.
Recommendation
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 …
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Government Response 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.
Government Equalities Office
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23
Accepted in Part
Stop moving pregnant asylum seekers and new mothers without clinical consent and collect related data.
Recommendation
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 …
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Government Response 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 but does not address the request to publish that data.
Government Equalities Office
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25
Rejected
Publish updated equality impact assessment and mitigation plan for Nationality and Borders Act provisions.
Recommendation
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 …
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Government Response Summary
The government believes any differential impact is because of an individual’s conduct and is proportionate to control illegal migration and reduce crime.
Government Equalities Office
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26
Accepted in Part
Para 167
Abandon plans for detaining asylum-seeking children and mitigate risks for vulnerable adults in detention.
Recommendation
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 …
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Government Response 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 that children will mostly be transferred to local authority care with provisions for early immigration bail.
Government Equalities Office
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27
Accepted in Part
Para 168
Collect and publish data on protected characteristics of detained asylum seekers.
Recommendation
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 …
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Government Response 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 developing a new caseworking system (Atlas) to improve data recording.
Government Equalities Office
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28
Not Addressed
Ensure foreign language legal advice information and improve mobile phone reception in detention centres.
Recommendation
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 …
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Government Response 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 IRC.
Government Equalities Office
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30
Accepted in Part
Para 185
Abandon any intention of forcibly removing asylum-seeking children to Rwanda.
Recommendation
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 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.
Government Equalities Office
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31
Accepted in Part
Publish disaggregated equality data on all individuals within the Rwanda removal process and monitoring plans.
Recommendation
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 …
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Government Response 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 relocation process and ensure those removed do not suffer harm, with the independent committee publishing annual reports.
Government Equalities Office
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32
Accepted
Para 196
Replicate the successful VPRS approach within the UK Resettlement Scheme and in future migrant crises.
Recommendation
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 …
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Government Response 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 to strengthen integration.
Government Equalities Office
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33
Accepted in Part
Para 210
Set out urgent plans for Afghan Citizens Resettlement Scheme Pathway 2, including clear arrival targets.
Recommendation
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 …
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Government Response 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 need and accommodation availability, declining to set explicit future targets.
Government Equalities Office
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34
Not Addressed
Para 211
Commission and publish independent review and equality impact assessment of the Afghan refugee resettlement approach.
Recommendation
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 …
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Government Response 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.
Government Equalities Office
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35
Accepted
Para 218
Address online visa barriers for Ukrainian pathways and expand disabled access support across the UK.
Recommendation
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 …
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Government Response 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 recommendation to expand 'super-sponsor' support to the Devolved Administrations.
Government Equalities Office
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36
Not Addressed
Monitor and mitigate safeguarding concerns within Ukrainian schemes and conduct a comprehensive review.
Recommendation
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 …
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Government Response 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.
Government Equalities Office
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Conclusions (13)
1
Conclusion
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 …
Government Response 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.
6
Conclusion
Rejected
Para 69
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, …
Government Response 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.
8
Conclusion
Accepted
Para 74
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 …
Government Response 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 to prevent prejudice from influencing claim determinations.
10
Conclusion
Rejected
Para 81
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 …
Government Response 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.
12
Conclusion
Not Addressed
Para 93
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 …
Government Response 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 of initial decisions, or delays in engaging with Tribunals.
13
Conclusion
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 …
Government Response 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.
14
Conclusion
Rejected
Para 110
£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 …
Government Response 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'.
16
Conclusion
Acknowledged
Para 119
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 …
Government Response 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.
18
Conclusion
Acknowledged
Para 127
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 …
Government Response 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.
20
Conclusion
Acknowledged
Para 133
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 …
Government Response 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.
22
Conclusion
Accepted in Part
Para 139
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 …
Government Response 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.
24
Conclusion
Rejected
Para 153
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 …
Government Response Summary
The government believes any differential impact is because of an individual’s conduct and is proportionate to control illegal migration and reduce crime.
29
Conclusion
Accepted
Para 184
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 …
Government Response 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.