Immigration Enforcement
Closed
What the inquiry looked at
“The Home Office is responsible for preventing abuse of immigration rules, tracking immigration offenders and increasing compliance with immigration law. A series of NAO reports have identified some of the long-standing challenges it faces in managing enforcement activity, removing foreign national offenders and overseeing the immigration detention system and facilities. The Immigration Enforcement directorate also depends on effective collaboration with other parts of the wider border and immigration system, as well as law enforcement and international partners. The NAO’s report ‘Immigration enforcement’ examines whether the Department is achieving its aim to reduce the size of the illegal population and the harm it causes, and doing so in a way that delivers value for money. It finds that the Home Office does not know how many people currently reside in the UK illegally: its last estimate, made 15 years ago in 2005, was around 430,000 people. More recent estimates from other organisations suggest that number might have doubled. While the Home Office collects a large amount of performance data on its activities, these do not allow it to demonstrate the impact of its work or policies. For example, the NAO found that the Home Office is unable to assess whether its measures to prevent people from accessing government funded services – the “No Recourse to Public Funds” policy that is a central plank of the “hostile environment” - have any meaningful impact on how likely a person is to return to their country of origin. The Home Office is stopping increasing numbers of people from entering the country illegally, but it doesn’t know if this is because it’s catching more of these attempts or there are simply more attempts. The Home Office returned, or helped to return, just over 13,100 people without leave to remain in the year to November 2019, of which 5,600 people returned voluntarily: although the numbers returning voluntarily have dropped from an average of 1,200 a month in 2015 to approximately 460 a month in 2019. The other 7,400 were enforced removals, of which 5,000 were foreign national offenders, but that was less than half - 48% -of the planned enforced removals for that period, often as a result of late legal challenges to removal. As a result, the Home Office released 14,900, or 62%, of immigration detainees from immigration removal centres last year. It believes many of these late legal challenges are used to delay removal but did not provide any evidence that it has tried to actively understand and manage these challenges. The Home Office is currently considering its response to the Windrush review and has commissioned a review of the wider border and immigration system. The NAO argues that these reviews give the Home Office an opportunity to address many of the issues identified in its report. On Monday 13 July the Committee will question officials from the Home Office on the performance of its core immigration enforcement activity, to establish what progress the Department has made in dealing with these enduring, ongoing challenges. If you have evidence on the questions raised in this inquiry please submit it here by 5.30pm on Thursday 9 July 2020.”
The committee's words, from the inquiry page on parliament.uk ↗.
What it found
Immigration has always been a cause of public and political debate. Despite years of discourse on the topic, we remain concerned by how little evidence the Home Office (the Department) has with which to inform that debate. It is disappointing that, despite this Committee’s previous findings, the Department is still not sufficiently curious about the impact of its actions and the underlying reasons for the challenges it faces.
We are concerned that if the Department does not make decisions based on evidence, it instead risks making them on anecdote, assumption and prejudice. Worryingly, it has no idea of what impact it has achieved for the £400 million spent each year by its Immigration Enforcement directorate. There are major holes in the Department’s understanding of the size and scale of illegal immigration and the extent and nature of any resulting harm. It does not understand the support people need to navigate its systems effectively and humanely, or how its actions affect them. In 2019, 62% of immigration detainees were released from detention because the Department could not return them as planned to their country of origin. The Department does not really understand why this figure is so high or what it can do ensure these returns are completed as planned.
The significant lack of diversity at senior levels of the Department means it does not access a sufficiently wide range of perspectives when establishing rules and assessing the human impact of its decisions. Professional judgement cannot be relied upon if an organisation has blind spots, and the Windrush scandal demonstrated the damage such a culture creates. We are pleased to hear the Permanent Secretary say that he is committed to achieving greater diversity and acknowledge clearly that with diversity comes better leadership, decision-making and governance. The Department must deliver on these intentions to reduce the likelihood of another Windrush-type scandal in the future.
The Immigration Enforcement directorate has some big challenges ahead. It will need to respond to the end of the transition period for leaving the EU and the new points-based immigration system, implement the recommendations of the Windrush lessons learned review, and overcome the damage done to its reputation. The Department showed a disturbing lack of urgency in some areas. It is good to hear the Department promising improvement and recognising the need for it—but actions speak louder than words and we expect to see tangible improvements when we next review progress.
What the government said
The government responded on 18 November 2020. The deadline was 18 November 2020.
The government states that it agrees with the Committee's recommendations on the illegal population, data, user experience, the end-to-end system and safeguarding individuals, and disagrees with the recommendation on preparing for the end of the EU transition period.
- On understanding the illegal population, the government "agrees" (target: Spring 2022) and describes a database of visa overstayers, failed asylum seekers and Foreign National Offenders, including the level of harm presented by each. It is "exploring publication in early 2021" of an economic harm assessment.
- On data, the government agrees (target: March 2021) and says its assessment is that, "with the appropriate allocation and investment of resources", the transformation plan can be delivered by 2025.
- On the end-to-end system, the government agrees (target: Summer 2025). On support for claimants, it says "consideration will be given to a wide range of options" as part of its reforms.
- On EU exit, the government "disagrees" with the recommendation. It says it is working to prepare for a range of outcomes and that "An agreement remains the department's goal" on reciprocal arrangements.
Read the government's response ↗ Read the report ↗ Report an error
How the inquiry ran
Each dot is a dated item listed on this page, from the inquiry's opening on 15 June 2020 to 22 March 2021. The dashed mark is the deadline Parliament records for the government's response.
- Oral evidence 13 Jul 2020
- Report 18 Sep 2020
- Government response 18 Nov 2020
- Correspondence 4 letters
What it recommended 5 recommendations · 18 conclusions
2The Department relies upon a disturbingly weak evidence base to assess the impact of its...
3The culture and make-up of the Department have left it poorly placed to appreciate the...
4The Department’s failure to develop an end-to-end understanding of the immigration system leads to problems...
5The Department is unprepared for the challenges the UK’s exit from the EU presents to...
6We are not convinced that the Department is sufficiently prepared to safeguard the status of...
1On the basis of a report by the Comptroller and Auditor General, we took evidence...
7The Department described the different forms of harm that occur from immigration crime.
8We asked the Department about the financial impact of providing public services to people who...
9The NAO reported that Immigration Enforcement uses management information to assess the performance of individual...
10We asked how the Department allocated resources across the immigration system and heard that this...
11During the evidence session, the Department failed to provide a specific answer to questions about...
12The Committee of Public Accounts has found previously that the Department did not use its...
13We asked the Department to account for the plummeting number of people it returns to...
14The NAO reported that Immigration Enforcement could make better use of its analytical functions and...
15The Department accepted that the Windrush lessons learned review had come exceptionally close to declaring...
16We asked whether Immigration Enforcement should focus on in-country immigration enforcement rather than having to...
17The Department told us that it works with different parts of the public sector and...
18We asked what the Department could learn from its analysis of late asylum claims to...
19We asked about the impact of the UK’s departure from the EU on the Department’s...
20The Department acknowledged that these arrangements would be part of the ongoing negotiations with the...
21The Department reiterated its commitment to implementing the 30 recommendations of the Windrush lessons learned...
22During the COVID-19 pandemic, the Department extended the visas of all individuals for whom it...
23The Department told us that it has high hopes for its modernisation and transformation projects.
Evidence
Oral evidence sessions 1
- 13 Jul 2020Immigration Enforcement3 witnesses, listed belowparliament.uk ↗
Who gave evidence 3 witnesses
- Matthew Rycroft CBEPermanent Secretary, Home Office
- Shona DunnSecond Permanent Secretary, Home Office
- Tyson HeppleDirector General, Immigration Enforcement, Home Office
Correspondence 4 letters
- 22 Mar 2021Correspondence from Matthew Rycroft CBE, Permanent Secretary Home Office, re Recommendation 4, Immigration Enforcement, dated 15 March 2021
- 16 Mar 2021Correspondence from Matthew Rycroft CBE, Permanent Secretary Home Office, re Immigration Enforcement, dated 10 March 2021
- 13 Jan 2021Correspondence from Sir Philip Barton, Permanent Under-Secretary of State, Foreign, Commonwealth & Development Office, re Windrush Compensation Scheme, dated 17 December 2020
- 13 Jan 2021Correspondence from Matthew Rycroft, Permanent Secretary, re Immigration enforcement, dated 17 December 2020