Guidance

Equality impact assessment: reporting and offender management

Updated 18 March 2024

1. Name and outline of policy proposal, guidance or operational activity

The use of reporting as a condition of immigration bail has been included in immigration legislation since 2004. It is contained in Paragraph 2(1)(d) of Schedule 10 to the Immigration Act 2016 and use of reporting is directed by immigration bail policy. The Immigration Act 2016 does not set out who should be eligible to report, but all decisions on bail conditions should take into consideration the factors set out in paragraph 3(2) of schedule 10, alongside those directed in policy.

The Reporting and Offender Management (ROM) operation is the Home Office’s principle point of contact with individuals who have no right to stay in the UK, with individuals reporting to one of Immigration Enforcement’s 13 reporting centres or at a local police station with some 30k plus people on reporting. When attending, an offender may be interviewed to gather information that allows Immigration Enforcement to apply for a travel document, make a decision on an outstanding application and promote voluntary return.

The ROM guidance can be found on GOV.UK.

Immigration enforcement - reporting contact management strategy

A strong, strategic, professional approach to contact management, case progression and returns, delivered through a joined up and timely end to end solution. The blended reporting strategy sets out clear, consistent guidance to the business relating to reporting processes and priorities and a bespoke, flexible and resilient approach, utilising a range of technological solutions to deliver:

• reporting bail compliance

• contact and interventions

• response to loss of contact, absconders or reporting non-compliance

• security and identity verification

• case progression prompting the right outcome

• returns - prioritising individuals who:

  1. pose the highest risk/harm

  2. those who fail to engage in the process

  3. those who wish to voluntarily depart

  4. those who are barrier free.

ROMs continue to implement existing blended contact management tools including: telephone, digital reporting and electronic monitoring as well as develop and embrace future technological advancements that result in a more effective and efficient use of resources and productivity.

Delivery of the reporting contact management strategy will result in:

• increased, timely and enriched contact with those people in the UK illegally, commensurate with a harm/risk-based approach
• improved reporting bail compliance and quicker case progression/conclusion
• reduced failed and increased successful detentions
• increased voluntary departures
• reduced risk of absconding and falling out of contact resulting in a higher level of reporting compliance
• faster and more robust action when individuals fail to comply with reporting bail
• improved business rules and consistency of application of reporting guidance and processes
• greater flexibility, capacity and resilience through our differentiated approach to contact management with the ability to
• adapt, change and focus on the highest department and government priorities including the response to the ‘New Plan for Immigration’

To commence face-to-face reporting the individual must fall under one or more of the following categories:

• (a) foreign national offenders (FNOs)/High Harm/Special Immigration Appeals Commission (SIAC) or restricted access cases or persons who are on Restricted Leave
• (b) those who have shown a willingness to return home voluntarily and where reporting will aid the process of return
• (c) those who have not returned home and who have not engaged with our Voluntary Return programme
• (d) those identified for removal or cohorts identified by the business to facilitate case progression, conclusion or prompt enforcement action
• (e) those who are not immediately removable but have failed to comply with telephone reporting and are currently ‘out of contact’

2. Summary of the evidence considered in demonstrating due regard to the public-sector equality duty

The public sector equality duty under s149 of the Equality Act 2010 requires that in exercising their functions public authorities must have due regard to the need to:

1. Eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Act.

2. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.

3. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Under s149 the 8 specified protected characteristics are age; disability; gender reassignment; pregnancy and maternity; race (including ethnic or national origins, colour or nationality); religion or belief; sex; and sexual orientation.

Schedule 18 to the 2010 Act sets out exceptions to the public sector equality duty. In relation to the exercise of immigration and nationality functions, s149(1)(b) – advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it – does not apply to the protected characteristics of age, race (insofar as it relates to nationality or ethnic or national origins) or religion or belief.

Schedules 3 and 23 to the 2010 Act permit the authorisation of discrimination in relation to age, nationality, national or ethnic origins, or place or duration of residence in certain circumstances.

Direct discrimination is treating someone less favourably because of one or more protected characteristics, and indirect discrimination is doing something in a way that has a less favourable impact on someone who shares a protected characteristic than it does on others who do not share it, unless that treatment is objectively justified. The test to be applied is whether an individual would have received the less favourable treatment if they did not have the protected characteristic.

This statement is specific to reporting functions within Immigration Enforcement in the context of the above. Due regard will be given to the impact of a new bail condition to ensure compliance with Section 149 of the Equality Act.

3a. Consideration of limb 1 of the duty: Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act

Our approach to contact management has been reviewed and lessons learnt from our operations during COVID-19 as well as the Windrush findings and recommendations. We want to have more contact and interactions with more people, learning more about their circumstances and helping them towards the right Home Office service for them. As part of this, we have introduced options that include a ‘blended’ approach to reporting with a mix of face to face, telephone and digital reporting. This approach allows Immigration Enforcement to both prioritise on key cohorts and cohorts of interest with more meaningful enforcement activity, targeting resources and efforts accordingly.

In relation to those identified for face-to-face reporting, reporting centre staff or caseworkers will also consider each case on its individual facts.

Age

Schedule 3 to the Equality Act 2010 permits exceptions in relation to functions exercised under certain immigration legislation in relation to age and nationality and ethnic or national origins. Its effect is that discrimination that is authorised or required by legislation and the Immigration Rules is not unlawful.

Direct discrimination

Reporting conditions as part of Immigration Bail do not apply to children under the age of 18, except for Unaccompanied Asylum Seeker Children (UASC) who may be asked to report between their 17th and 18th birthdays. This differentiation on the grounds of age is justifiable in order to fulfil the duty created by Section 55 of the Borders, Citizenship and Immigration Act 2009 to make arrangements for ensuring that immigration, asylum and nationality functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the UK. With regards to those over 18 we do not consider that direct discrimination on the basis of age arises due to the reporting policy.

Indirect discrimination

For those over 18, we can consider relaxing reporting frequencies or utilising our blended telephone reporting if they raise concerns about their age and ability to travel long distances to their reporting centre. Individual circumstances will be considered in all cases, for example elderly people liable to report would only be requested to attend face to face reporting if they were FNOs or imminently removable.

We assess that while there may be indirect discrimination in the operation of the policy, as younger adults may be more likely to be required to report this is a proportionate approach to achieving the aim of returning the highest priority cases to face-to-face reporting.

All cases will be reviewed before being set up on new reporting conditions considering frequency and vulnerabilities and amended if needed.

Disability

For the purposes of the Equality Act 2010, disability is described as being: “A physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on an individual’s ability to carry out normal daily activities”. It will be a matter for the decision maker to ensure the person who is liable to report is physically and mentally fit enough to attend reporting and comply with a reporting condition, or if other forms of contact management will be more appropriate.

Direct discrimination

None, this policy applies equally to all regardless of their disabilities.

Indirect discrimination

We can consider relaxing reporting frequencies if an individual raises concerns about their disability and requirement to travel to their reporting centre. This may mean that people who have a disability are less likely to be placed on regular face to face reporting and could be considered as being treated more favourably under the policy.

For people with a disability that would stop them reporting in person our reporting centres do currently offer a blended telephone reporting service. Therefore, due consideration is already given to people who are placed at a disadvantage due to their disability.

Reasonable adjustments

There is an additional duty under the Equality Act to make reasonable adjustments for a person who is placed at a substantial disadvantage because of their disability when compared to a person who does not share their disability. On the First Reporting Event or as soon as practicable after, an interview will be undertaken to consider any mitigating circumstances and the ROM manager will assess on a case-by-case basis.

Discrimination arising from disability

Section 15 of the Equality Act 2010 provides that a person A discriminates against a disabled person B if, A treats B unfavourably because of something arising in consequence of B’s disability, and A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

However, this does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.

All cases will be reviewed before being set up on reporting conditions considering frequency and vulnerabilities and amended if needed.

Any new disability can be relayed to ROM Managers via the email address or via an interview at the next reporting event and reporting reviewed and amended.

Gender reassignment

Under section 7 of the Equality Act 2010, an individual has the protected characteristic of gender reassignment where the person has proposed, started or completed a process to change their gender. This not only covers situations in which the individual has begun hormone treatment and/or gender reassignment surgery; Section 43 of the Act provides that the protected characteristic also applies in cases in which a person decides to spend the rest of their life in the opposite gender without seeking medical advice or without medical intervention.

Direct discrimination

None, this policy applies equally to all regardless of their gender reassignment.

Indirect discrimination

There is no evidence to suggest that the reporting guidance would have a disproportionate negative impact on this particular group when compared with others subject to reporting and immigration bail. Therefore, we do not consider that any indirect discrimination arises with regards to this protected characteristic.

Marriage and civil partnership

Direct discrimination

This policy applies equally to all regardless of their marital status.

Indirect discrimination

There is no evidence to suggest that the reporting guidance would have a disproportionate negative impact on this particular group when compared with others subject to reporting and immigration bail. Therefore, we do not consider that any indirect discrimination arises with regards to this protected characteristic.

Pregnancy and maternity

Direct discrimination

No direct impacts have been identified on the grounds of pregnancy/maternity.

Indirect discrimination

Someone who is pregnant would not be on face-to-face reporting unless there are exceptional reasons i.e., FNO etc. In the HO guidance it states the reporting regime will be suspended for the 6 weeks before the expected week of childbirth (refer to the certificate Mat B1 which must be provided by the individual) and 6 weeks after the birth.

Race

The definition of race as a protected characteristic within the Equality Act 2010 includes reference to nationality. Any person without leave to remain in the UK, who meets the criteria set out in 1 (1) of Schedule 10 to the Immigration Act 2016 can be placed on immigration bail. The cohort of people who are subject to immigration bail, is made up of non-UK nationals. Immigration control necessitates overseas nationals being subject to considerations not applicable to UK nationals and will inherently impact some nationalities disproportionately.

Direct discrimination

Potential direct impacts have been identified on the grounds of race or nationality. We note that immigration status is not a sub-set of nationality, so discriminating on the basis of immigration status is not unlawful under the Equality Act.

It is acknowledged that there will be higher numbers of some nationalities subject to reporting because statistically the top five nationalities are Albania, India, Pakistan, Iraq and Nigeria. We assess that there may also be discrimination in the operation of the policy, and specific cohorts of interest.

We consider that any indirect discrimination arising from reporting restrictions with regards to this protected characteristic represents a proportionate means of achieving the policy aims as outlined above. Any further mitigations will be outlined in an additional nationality specific EIA.

Indirect discrimination

Potential indirect discrimination may occur if the individuals on bail cannot speak English or struggle with communications in English. If needed an interpreter can be available to assist all individuals during their reporting event.

This impact is inherent to the introduction of any changes to immigration bail and reporting conditions. We do not consider that this will have a disproportionate impact upon people with this characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

Religion or belief

Immigration bail policy does not prescribe, or exclude, individuals from immigration bail or any conditions of bail by virtue of their religion or belief. Any individual who falls within the categories of persons identified for reporting may in be placed on reporting regardless of religion or belief (or absence of it).

The Home Office does not collate data on the religion of those subject to bail and will not be aware of a person’s religion unless they choose to disclose it.

Direct discrimination

None. This policy applies equally to all regardless of their religious beliefs.

Indirect discrimination

The cohort of people who are liable to be detained, and subject to bail conditions, consists of non-UK nationals with no current formal leave to remain in the UK, with migrants from some countries or regions more commonly represented within that cohort. It is possible that, as with the protected characteristic of race, some religions or beliefs will be disproportionately represented within this cohort of individuals.

We do not consider that this will have a disproportionate impact upon people with this characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim.

Sex

Schedule 10 to the Immigration Act 2016 and immigration bail policy do not exclude any persons from being subject to bail, or any of the conditions of bail by virtue of their sex – all genders are equally eligible for bail and all conditions of bail.

Direct discrimination

None. This policy applies equally to all regardless of their sex.

Indirect discrimination

It is acknowledged that more males will be subject to reporting than females because statistically more males than females arrive via illegal and dangerous routes. In 2021 (up to September) 87.8% of those who arrived via illegal and dangerous routes were male. Since data on arrivals of this kind have been recorded, male arrivals are consistently above 80% of all arrivals. The final decision on whether there is an exemption from applying reporting restrictions will be determined on a case-by-case basis, examining personal circumstances, but sex will not be a determining factor within this consideration.

We consider that any indirect discrimination arising from reporting restrictions with regards to this protected characteristic represents a proportionate means of achieving the policy aims as outlined above.

Sexual orientation

The Home Office does not collate data on the number of people who are subject to bail broken down by sexual orientation and will not be aware of a person’s sexual orientation unless they choose to disclose it.

Direct discrimination

None. This policy applies equally to all regardless of their sexual orientation.

Indirect discrimination

There is no evidence to suggest that the reporting guidance would have a disproportionate negative impact on this particular group when compared with others subject to reporting and immigration bail. Therefore, we do not consider that any indirect discrimination arises with regards to this protected characteristic.

3b. Consideration of limb 2: advance equality of opportunity between people who share a protected characteristic and people who do not share it

Under paragraph 2(1) of Schedule 18 to the Equality Act 2010, the requirement under section 149(1)(b) to advance equality of opportunity between those who have a protected characteristic and those who do not, does not have to be considered in relation to immigration and nationality functions in respect of age, race, religion or belief, where race relates to nationality or ethnic or national origins. They are however considered for the purposes of officers carrying out those duties.

The following protected characteristics have been considered in respect of limb 2:

• disability
• gender reassignment
• pregnancy and maternity
• sex
• sexual orientation

The Home Office response is based on our standard approach to border security, illegal migration and visa issuing and an individual is unlikely to gain an advantage if they possess or do not possess one of the protected characteristics above. Established policies are being used, and cases are always considered on their individual facts; this targeted application preserves the integrity of our obligations under this limb.

All cases required to report are considered on a case-by-case basis and suitability for face-to-face reporting assessed.

Individuals considered for face-to-face reporting

3c. Consideration of limb 3: foster good relations between people who share a protected characteristic and persons who do not share it

We consider that this policy is designed so as to ensure that individual circumstances are considered when assessing suitability for face to face reporting, and that the prioritisation of certain cohorts identified by the business to facilitate case progression, conclusion or prompt enforcement action will not affect relations between people who share a protected characteristic and persons who do not share it.

We hope that a move to a blended approach to reporting with a mix of face to face, telephone and digital reporting would allow us to both prioritise respective cohorts and focus on more meaningful enforcement activity, targeting our resource and efforts accordingly. This approach will increase contact in a more targeted way and allow us to continue progressing/signposting people towards a case resolution. We assess that this can only help to foster good relations between HO staff and those subject to reporting conditions.

4. In light of the overall policy objective, are there any ways to avoid or mitigate any of the negative impacts that you have identified above?

Whilst we do not foresee the policy change having a disproportionate impact on individuals with protected characteristics, we have put mitigations in place to minimise any potential negative impact which have been identified and set out where relevant above.

Review date

This EIA will be reviewed on a six-monthly basis and/or where there is a change to priorities.

Declaration

I have read the available evidence and I am satisfied that this demonstrates compliance, where relevant, with Section 149 of the Equality Act and that due regard has been made to the need to: eliminate unlawful discrimination; advance equality of opportunity; and foster good relations.

SCS sign off: Patricia Fitzmaurice

Name/title: Director, Enforcement – London & South

Directorate/unit: Immigration Enforcement

Lead contact: Dean Milton

Date: 03/04/2023

For monitoring purposes all completed EIA documents must be sent to the PSED@homeoffice.gov.uk.

Date sent to PSED Team: 03/04/2023