Guidance

Partnership working (accessible)

Updated 3 May 2024

Version 5.0

About this guidance

This guidance tells Immigration Enforcement officers about the procedures when working with the police or other agencies.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Enforcement Policy.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

  • version 5.0
  • published for Home Office staff on 1 March 2024

Changes from last version of this guidance

From 1 April 2024, individuals who were previously described as the IE operational grade of ‘Assistant Director’ will now be known as Grade 7 (Assistant Director) in this guidance.

From 1 April 2024, individuals who were previously described as the IE operational grade of ‘Deputy Director’ will now be known as Grade 6 in this guidance. This is an equivalent title and there is no change to the grade level.

From 1 April 2024, the IE operational grade equivalent of Grade 5 (SCS, PB1), will be referred to as Deputy Director.

Working effectively with stakeholders

Working with the police

This page tells Immigration Enforcement about the procedures for working with the police.

For information on seeking police assistance, or where the police or another agency suggests a joint operation, you must follow the procedures set out in the tier system of operations, see: Enforcement planning assessments.

Police call outs: initial contact with Command and Control Unit

Although embedded immigration officers are sometimes approached directly by the police, the normal first contact from the police relating to a foreign national is direct to the Command and Control Unit (CCU) based in Manchester, which is Immigration Enforcement’s 24/ 7 primary point of contact for police forces nationally. CCU can be approached by:

  • front line police officers for information or advice on whether an individual encountered may be a suspected immigration offender
  • officers from custody suites after an arrested person has been booked in
  • officers investigating crimes or missing persons in slower time

The majority of referrals are made from custody suites where police officers are asked to undertake livescan fingerprint checks (for more information see Identity management (enforcement)) to verify whether a foreign national is already known to immigration before they are referred. Other information which CCU staff will ask for includes:

  • time of arrest (see PACE clock)
  • grounds of arrest
  • where detained
  • claimed identity and nationality (with documentary evidence where available)
  • claimed immigration status
  • any police information from Police National Computer (PNC) or Police National Database (PND) relating to criminality to support immigration enforcement action, up to and including deportation

This will inform the level of checks undertaken, which might include reference to the following Home Office systems:

  • Case Information Database (CID) - including Warehouse and Landing Cards
  • Central Reference System (CRS)
  • IABS Fingerprint Database
  • National Operations Database (NOD)
  • Omnibase to access Her Majesty’s Passport Office (HMPO) passport records held in the HMPO Passport Application Support System (PASS)

Official – sensitive: start of section

The information in this section has been removed as it is restricted for internal Home Office use.

Official – sensitive: end of section

The CCU immigration officer will consider the information identified and assess whether the case justifies referral to the Immigration Compliance and Enforcement (ICE) team (Joint Operation Command (JOC) in London) for further action. In office hours, CCU will highlight the case to the ICE team by phone to ascertain whether they are able to attend and will refer the case using NOD.

When ICE team staff are not present during out of hours, consideration will be given to proactively dealing with the case within CCU, subject to the resource levels available and competing demands. Action could include service of papers, authorising overnight detention for referral to the ICE team the following day, or authorising temporary admission to report in slower time.

CCU will look to identify the best option for the public, police and immigration to prioritise action against suspected immigration offenders believed to be engaged in criminality, including European Economic Area (EEA) nationals, and particularly the most harmful. Enquiries will be made to ascertain whether they:

  • might be referred to Criminal Casework to pursue deportation action
  • are subject to deportation or administrative removal immediately
  • should be subject to a minded to refuse (MTR) interview as suspected of not exercising their EEA treaty rights
  • should be referred to Border Force for consideration of refusal on their next entry into the UK

CCU will also ensure that:

  • any referral is noted on CID to facilitate action at a subsequent encounter
  • instances of police referrals that cannot be investigated are recorded

Responding to a police call out

This page tells Immigration Enforcement about the procedures when they receive a call from the police.

Police and criminal evidence (PACE) clock

For the purposes of these instructions, the term PACE means the rules that must be applied under the:

PACE does not apply in Scotland, where the Criminal Procedure (Scotland) Act 1995 is the relevant legislation.

A person detained under PACE can be kept at the police station for a maximum of 24 hours from the relevant time. This is known as the ‘PACE clock‘. The 24-hour period can only be extended in exceptional circumstances by a police superintendent, and is very unlikely to be extended where the only issue to be determined is that of the person’s immigration status.

In accordance with PACE, a person can ordinarily only be held for a maximum of 24 hours during which time a decision must be made to either:

  • charge them with an offence
  • release them on bail
  • release without charge

In cases where a person is being held pending further investigation relating to a criminal offence, officers are restricted to completing their investigation within the 24- hour period. Whether or not the person is held for the maximum period is a matter for the police. The police may not extend the period to allow for the investigation of an administrative immigration breach.

During this period, the detained person is allowed 8 hours of continuous rest. When a decision is taken to bail the detained person so that further enquiries can be undertaken, the 24-hour clock will start again when the detained person reports in compliance with their bail conditions. If there are only 3 hours left when the detained person is bailed, there will only be 3 hours left when they report off bail to make a decision on a case.

If the police have arrested the person for a criminal offence but do not intend to pursue the case further, the following options apply. The person must be either:

Attendance at police station

Having conducted the checks and gathered all relevant information, you must decide whether it is appropriate for an officer to attend. You must discuss this with the duty Chief Immigration Officer (CIO) and prioritise the case taking into account:

  • case type and probability of removal
  • number of police call outs waiting
  • staffing levels
  • a harm assessment of the case including reasons for arrest

Upon attending the police station, you must read the custody record to gather any additional information available. Take particular note of the property sheet. You may find that if a detained person was not originally arrested for an immigration offence, documents relevant to your enquiries, such as identity or bank cards, or payslips, may have been returned to the detained person and labelled as ‘miscellaneous documents’ or ‘X documents’.

You must make full use of the opportunity that this presents to search for identity documents that confirm nationality and identity. Where no identity document can be located you must complete an emergency travel document application form for all appropriate cases encountered at custody suites.

In all cases take the opportunity to explain the options for voluntary departure. You must record the fact that you have done this, and the result, in your pocket notebook.

Police officers will have recorded the circumstances of the arrest in their notebook and a copy should be attached to the custody record. This details the circumstances of the arrest and will include any significant statements. Always take note of the custody number for reference purposes.

Always ensure you return any custody record as you found it.

Refusing a request for assistance

On the few occasions that immigration officers are unable to attend to such instances the following procedure must be followed. A Her Majesty’s Inspector (HMI) or above must be consulted before the police or other agency is advised that Immigration Enforcement cannot attend. The operational Grade 7 (Assistant Director) must be notified along with a written report of the reasons preventing attendance and the advice given to police or other agency on how to proceed. This report must be copied to the Grade 6 of operations immediately.

Participation in police led operations

Police or another agency may request assistance in an operation where they are investigating criminal or other offences. There may be a need for immigration advice, for example confirming a person’s status or the validity of identity documents.

It is imperative that there is no ambiguity as to who is the lead agency for the operation.

The police (or other agency) will:

  • provide the officer in charge (OIC)
  • produce and give the briefings
  • have a critical incident structure in place

If immigration offenders are detected, you must act in an advisory capacity up to the point at which you take action under the Immigration Act 1971.

The participation of Immigration Enforcement staff in police-led operations must be authorised by an officer of Grade 7 (Assistant Director) rank through the tasking and coordination group (TCG) process. Such operations will be dealt with under the tier system, see: Enforcement planning assessments.

Any situation likely to attract media attention must be brought to the attention of the (Grade 6) and press office.

High risk or high profile operations with police

Seeking police assistance

Immigration Compliance and Enforcement (ICE) teams frequently work with the police to make maximum use of resources, known as ‘mixed team operations’, where non-arrest trained officers are present for intelligence gathering or forgery expertise. In these circumstances, the team can operate in one of three ways:

  • arrest team - this will be either all arrest-trained immigration officers (IOs) or a mixture of arrest-trained IOs and police officers:
    • no non-arrest trained staff will be able to take any active role within such a team
    • non-arrest trained staff may go on the visit as an observer at the discretion of the OIC as is normal practice
  • mixed team - a mixture of arrest-trained, non-arrest trained and police officers:
    • an arrest-trained officer cannot act as a cover officer for a non-arrest trained officer
    • non-arrest trained officers must be covered by a police officer at all times
  • enforcement team - non-arrest trained officers and police officers only:
    • the operation would be police-led with the police taking primacy on any public order or breach of the peace situations

It is important to remember that you must seek assistance from the police where:

  • a risk has been identified which makes the visit unsuitable without police assistance (for example, the subject has a history of extreme violence)
  • the police indicate that a visit would be inappropriate without them

When an upper tier operation is planned or it involves high profile or media interest cases, the minister and press office must be informed. Authority must be provided by a Grade 6 and a senior police officer must give their authority before it can proceed.

These are particularly difficult and sensitive operations which require careful planning in the form of a meeting with all those agencies likely to be involved, for example Immigration Enforcement representatives, local police officers, detainee custody officers and perhaps social services and/ or community liaison officers, depending on the circumstances. Where such a meeting is necessary, the Home Office will supply a case summary and complete an operation notification form (ONF), or in the Metropolitan region, a request form.

For further information on the tier system of investigation and operations, see: Enforcement planning assessments.

Support role during police operation

In some police operations it may be more appropriate for you to attend the police station instead of participating in the operation, especially with regard to personal safety.

Officers providing support during a police operation must not undertake a role for which they have not been trained.

For further information on operations conducted by police or other agencies in public areas see the ‘Public operations’ section of Operational enforcement visits.

Working with other agencies

This page tells Immigration Enforcement officers about the procedures when working with agencies other than the police.

Multi-agency operations: liaison and tasking

Working in partnership with other agencies allows for an operational plan that targets multiple offences that fall within the remit of other relevant agencies. This enables agencies to use a range of powers and approaches to tackle immigration abuse and crime.

Immigration Enforcement can benefit from being involved in other agency-led visits that are likely to identify suspected immigration offenders. Their presence can create an effective, visible deterrent and facilitate effective information sharing. See: Data sharing in enforcement cases.

Other agencies are similarly likely to benefit when invited to participate in Immigration Enforcement-led visits where intelligence suggests that offences other than immigration offences may have been committed and will be able to offer specialist advice. A multi-agency tasking and planning process can also lead to targeted, efficient enforcement action.

Immigration Compliance and Enforcement (ICE) team stakeholder liaison and engagement is organised at the local level by nominated officers.

Where such liaison results in an invitation for your ICE team to take part in other agency-led operations this request must be submitted to your local tasking and coordination group (TCG) for approval.

Visits to business or residential premises led by other agencies

When a multi-agency operation is proposed, it is important to remember that ICE teams need a legal basis to enter the premises in question. If there is a suspicion that immigration offenders may be present, but there is insufficient intelligence to obtain a search warrant for arrest purposes, your legal basis of entry may be by obtaining the informed consent of the premises’ occupier, which has been fully explained and recorded in the pocket notebook (PNB). See: Record keeping during enforcement visits.

You will have a legal basis of entry if named on the warrant of the lead agency but it must be clear how your presence relates to the purpose for which the warrant was issued. For instance, if the lead agency requires immigration advice whilst on the premises, you must be satisfied that this is necessary for the purpose for which the warrant was granted and not relied on as alternative to obtaining an immigration warrant. This will be especially the case when the warrant obtained by the lead agency is to search for evidence only.

See also Operational enforcement visits.

Other considerations on multi-agency visits include:

  • your vital role as a conduit for the flow of potential intelligence between agencies involved before, during and after the visit, see: Data sharing in enforcement cases: standards of operational practice
  • powers under the Immigration Act 1971 must not be used for the sole purpose of enabling the police to detain persons for the purpose of investigating non- immigration matters
  • Immigration Enforcement and the police must have regard to the same guidelines in the Police and Criminal Evidence Act 1984 (PACE) codes of practice when investigating criminal offences, so officers must ensure that other agencies are aware of the limitations on ICE teams when they are leading their own investigations

See also:

  • Coercive powers
  • Search and seizure

Referrals from other agencies during joint operations

Other agencies present on an operation may stop an individual under their own powers and refer them to an immigration officer (IO). IOs must ensure they follow the guidance on in-country examination in Enforcement interviews.

For further information concerning ‘Singh v Hammond’ see the ‘Administrative powers to examine a person’s immigration status in-country’ section of Enforcement interviews.

Questioning should take place in the same way that it would on a street operation, see the ‘Public operations: in-country examinations’ section of Operational enforcement visits.

Common multi-agency visit types

Licensing Act visits

Relevant legislation

The Licensing Act 2003 sets out the licensing regime in England and Wales for the sale of alcohol by retail, the provision of entertainment and the provision of late night refreshment. Late night refreshment is defined in the 2003 Act as the provision of hot food or hot drink to members of the public, whether for consumption on or off the premises, at any time between 11pm and 5am.

Local authority licensing officers are authorised under the 2003 Act to carry out inspection and enforcement roles in respect of premises carrying out a licensable activity. The act also includes some other office holders as ‘authorised persons’, notably fire inspectors and inspectors responsible for health and safety at work and environmental health.

Premises licensed for the sale of alcohol and late night refreshment are at high risk of illegal working. These include pubs, off licences, restaurants, and takeaways. The Immigration Act 2016 therefore introduced immigration safeguards into the licensing regime affecting these 2 licensable activities. This includes inserting a new subsection 1A into section 179 of the Licensing Act 2003 which provides a right of entry to immigration officers in respect of Immigration Act offences.

Where an Immigration Officer (IO) has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d) only of the Licensing Act 2003, they may enter the premises without a warrant to establish whether an immigration offence is being committed in connection with the carrying out of the licensable activity.

Purpose of having the power

Aligning IO powers with those of the local authority licensing officials and the police under the 2003 Act is intended to facilitate joint enforcement operations with licensing enforcement officers and other bodies that inspect workplaces for compliance. The intended purpose stated during the passage of the act through Parliament, was for these powers to normally be exercised during joint visits with other responsible authorities. Accordingly, prior to using the power of entry under section 179, either the local licensing authority, or relevant responsible authority, must be contacted and invited to take part in a joint enforcement operation. A note of the request must be recorded on the Pronto visit record.

However, the power of entry enables IOs to visit such premises without another responsible authority, if required. The IO may use the power when they either have evidence of illegal working or evidence of other illegal conduct (for example, modern slavery, or other evidence of exploitative working conditions) which gives reason to believe illegal working or another immigration offence, as defined by section 61 of the UK Borders Act 2007, is taking place. This is irrespective of whether the ICE team is undertaking a solo or joint visit.

Threshold for belief

IOs need to have ‘reason to believe’ that the premises are being used for a licensable activity in order to exercise the power of entry. The threshold for belief is explained in the Coercive powers definitions. It should be noted that this power of entry is not limited to licensed premises but includes unlicensed premises where there is a reason to believe that licensable activities are taking place.

Where IOs are accompanying another agency with a power of entry under section 179, they can consider that agency’s information or developed intelligence in order to see if it fulfils the ’reason to believe’ threshold. However, the officer must not simply rely on that agency’s intentions in respect of the premises and must form their own ‘reason to believe’ that a licensable activity is taking place at the premise

In forming the reason to believe, the IO should consider:

  • the licensing hours (if licensed premises) applied for and granted
  • any web page published by the business which indicates when the premises will be open for service
  • any other web page which promotes the business and indicates when it will be open for service
  • external signage at the premises including on any menu or communications material
  • any other appropriate intelligence

In cases of premises providing late night refreshment, this does not mean that the power may only be exercised between 11pm and 5am. However, it is necessary that a reasonable belief has been formed that illegal working is taking place in connection with the licensable activity, which is the provision of late night refreshment between these hours. It must be considered that there will be sufficient evidence available of this connection at the premises outside of the hours of 11pm to 5am in order to demonstrate a lawful and proportionate use of the right of entry outside these hours, unless officers have a reasonable belief that the sale of alcohol is also taking place.

The IO should have a clear rationale as to why entry outside these hours is appropriate in order to fulfil the statutory purpose of section 179. An example may be where there is a reason to believe suspected illegal workers are involved in the preparation of food at the premises in the hours preceding 11pm, for service or delivery afterwards.

Purpose of visit: examples

The primary purpose of the visit must be to see whether an offence under any of the immigration acts is being committed in connection with the carrying out of the licensable activity. If the intelligence is that immigration offences are being committed separately to the licensable activity, entry must not be gained using section 179.

Section 179 can only be used where both of the following apply:

  • an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d)
  • the purpose of the visit is with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the licensable activity

Section 179:

  • only allows entry to premises believed to be used for a licensable activity
  • must not be used to gain entry solely to arrest and detain a named person liable for removal
  • must not be used to gain entry solely to arrest a person for a criminal offence under the Immigration Acts
  • must not be used to gain entry solely for the purpose of checking employer compliance with right to work checks in the absence of intelligence to suggest migrants are working illegally in relation to licensable activity there
  • must not be used as an option to avoid the associated charges attached to an application for a warrant, or to alleviate pressure on Home Office Immigration Enforcement and court resources more generally, where a warrant is otherwise appropriate
  • is not to be used as an alternative option where Grade 7 (Assistant Director) authorisation under section 28CA of the 1971 act cannot be obtained, for example, because the duty -Grade 7 (Assistant Director) has not undertaken the relevant training
  • must not be used to access a flat or other residential accommodation associated with the licensed premises unless there is a separate reason to believe that a licensable activity is also taking place in the flat or other residential accommodation

Scenarios

Scenario 1

If intelligence is received that a suspected overstayer is working at a 24-hour takeaway which holds a late night refreshment licence, but that person only works the daytime shift and their duties do not involve the service or provision of late night refreshment, then the immigration offence is not being committed in connection with the carrying out of a licensable activity and section 179 must not be used. However, if the intelligence does not state the hours worked and there is reason to believe that the suspected overstayer is involved in the provision of late night refreshment at the premises, then entry via section 179 is permitted.

Scenario 2

Where officers have previously entered a premises using section 179 and seek to return at a later time or date with the purpose of administratively arresting an illegal migrant under schedule 2 powers whom they have been told will be working there later, they should use an alternative power of entry. This may include entry by a warrant, an AD’s letter or by fully informed consent. The section 179 right of entry would only be appropriate if the officer has again formed a reason to believe that the premises are being used for a licensable activity and the officer is entering the premises to see whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the licensable activity

Scenario 3

A restaurant / takeaway has ‘compliance with right to work checks’ as a condition of their premises licence, e.g. imposed following a licence review after a previous incidence of illegal working. Entry via section 179 would only be permitted if the purpose of the visit is with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the licensable activity. If the primary purpose of the visit is to inspect for compliance, then an alternative power of entry should be used. This may include entry by fully informed consent or if the business is subject to an Illegal Working Compliance Order then this may provide a right of entry. In this scenario, if entry by consent is refused then the owner, manager or other responsible individual of the premises should be advised that right to work checks are a condition of their premises licence and a referral should be made to the licensing authority.

Tasking

Entry by IOs under section 179 must be either:

  • discussed and agreed at the local ICE Tasking and Coordination Group (TCG) in advance and authorised by the chair of that meeting who is an officer of the rank of at least Her Majesty’s Inspector (HMI)
  • in hot tasking cases, agreed and authorised by an officer of the rank of at least HMI outside of a TCG meeting

Thereafter, the authority must be recorded as stated in Enforcement planning assessments.

Chairs of tasking meetings and HMIs authorising hot tasking must be confident that the premises are being used for a licensable activity. The ‘reason to believe’ threshold will be based on information received and intelligence, including that obtained by contact with the local authority. As noted above, entry under this power when an IO does not have reason to believe that the premises are being used for a licensable activity is not permitted. To do so otherwise will place all arrests, civil penalty referral notices (CPRNs), cash seizures and criminal investigations in jeopardy and leave officers open to legal challenge.

The IO must be able to justify why entry using section 179 is appropriate compared with using other powers of entry (criminal or administrative warrants, Grade 7 (Assistant Director)authorisation or entry by informed consent).

Actions on entry

A search of the premises under section 179 permits entry to the premises as a whole. However, officers should only access and search premises to the extent that is necessary, reasonable and proportionate to allow them to see whether an offence under any of the Immigration Acts is being committed in connection with the carrying out of a licensable activities specified in section 179. Entry for these purposes should align to the licensing plan for the business and focus on those parts of the premises where the licensable activity is taking place. Separate parts of the building, such as a flat above a catering premises or residential accommodation, should not be entered. The legal risk of entering parts of the premises that are not areas where the licensable activity takes place will depend on the strength of justification for doing so. For example, there may be areas of the premises which are necessary to enter in order to meet the statutory purpose for the visit, such as potentially concealed areas or to effect a safe entry and ensure the health and safety of all persons present.

The power may be exercised in parts of the premises where the IO has a reason to believe that:

  • hot food and drink may be served and/or eaten between 11pm and 5am, or where alcohol is available to be sold or consumed
  • hot food and drink may be prepared and/or cooked, including the kitchen
  • any storage facility for the food, drink or alcohol which falls within the premises
  • the parts of the premises that facilitates the provision of late night refreshment or the sale of alcohol
  • the parts of the premises made available for members of the public or staff as a licensing condition or a requirement of law, for example any toilet facilities; or
  • any accessway which is reasonably necessary to enter such licensable premises

Once entry has been gained, the owner, manager or other responsible individual of the premises must be provided with the Notice to Occupier (NTO). If such an individual cannot be identified, the NTO must be left in a prominent position in the premises and this duly recorded.

Under subsection (2) of section 179, as amended, an officer exercising this power of entry must produce evidence of their authority to do so if requested, that is to show their warrant card. It is Home Office policy that officers visiting in plain clothes, or officers who do not have their warrant number clearly on display on their shoulder epaulettes, show their warrant cards on entry as a matter of course to identify themselves.

If entry is denied to IOs under this power, entry by reasonable force is permitted by section 179(3) of the Licensing Act 2003. If this is necessary, you must follow the guidance on forced entry in Arrest and restraint.

The role of IOs is limited to the immigration aspects of the licence, particularly the inspection of the right to work documents checked by the employer. The detection of immigration offenders, the service of a CPRN, cash seizure and the associated criminal offences are all permitted after lawful entry to licensed premises under this power. Further information is contained in the guidance on undertaking illegal working operations.

If immigration offenders are located in a licensed premises, or a CPRN is served on the owner of a licensed premises, consideration must be given to informing the IS&D alcohol team and after referral to the licence review and threshold guidance including the escalated approach. The team will then consider whether to request the licensing authority to review the licence.

Recording of visits

Officers entering under this power need to record their grounds for forming the reason to believe and service of the NTO in their digital pocket notebook and provide copies of entries, if required, by the licensing authority as part of any licence review process. Pronto must be updated with the outcome of the visit.

Scotland and Northern Ireland

The Licensing Act 2003, and therefore this power of entry, does not apply in Scotland or Northern Ireland. The Immigration Act 2016 makes provision for similar arrangements to be introduced via regulations in Scotland and Northern Ireland.

These provisions are not yet in force.

Beds in sheds

The term ‘beds in sheds’ relates to property owners using the outbuildings of residential properties as dwellings, in contravention of the Town and Country Planning Act 1990 and the Housing Act 2004. The document ‘Improving the private rented sector and tackling bad practice: a guide for local authorities’, issued by the Department for Communities and Local Government, sets out the action local authorities can take, including working with the Home Office.

Councils planning such enforcement visits frequently invite Immigration Enforcement officers to attend based on current intelligence of suspected immigration offenders. Immigration Enforcement staff can assist by identifying who the individuals found in outbuildings are and by determining their immigration status. This supporting evidence can be used in subsequent prosecutions brought by the council.

The power of entry in these council-led operations is typically a warrant under section 196B of the Town and Country Planning Act 1990. Under section 196C(b), the person applying for the warrant may take with them such persons as may be necessary. Magistrates may be content to include Immigration Enforcement staff on the council warrant when asked to do so but the warrant is not being issued for an immigration purpose and it must be clear what the grounds for being named on the warrant are and how your presence relates to the purpose for which the warrant is issued. If the magistrate does not agree to the inclusion of the ICE team on the council warrant, you will need an alternative valid power of entry.

See also:

  • Administrative and criminal powers (IE)
  • Warrants: procurement and use

Trading Standards visits

Local authority Trading Standards (TS) departments are able to enforce several Trading Standards-based pieces of legislation to prevent the operation of rogue traders and unfair businesses in their local community. ICE teams can be invited to accompany Trading Standards where intelligence leads to a suspicion of illegal working by suspected immigration offenders at targeted premises. ICE teams cannot be named on warrants served under section 30 of the Consumer Protection Act 1987. However, the act allows the authorised officer (the Trading Standards officer) to take with them ‘such other persons…as may appear to him as necessary’.

See also:

  • Illegal working operations
  • Warrants: procurement and use

ICE teams frequently serve referral notices (RNs) on employers during multi-agency visits. ICE team members must ensure they have a valid power of entry when serving RNs.

HM Revenue and Customs (HMRC)

HMRC has a wide remit, enforcing legislation related to:

  • individuals and employees (including the minimum wage, income tax, national insurance and tax credits)
  • employers (including registering as an employer and PAYE)
  • businesses and corporations

As such, they are a major partner in multi-agency operations and frequently take part in licensing, illegal working and police-led visits, amongst others.

In order to take maximum advantage of HMRC’s powers, Immigration Enforcement co-operate with HMRC to maximise the impact of ICE team activity, for instance by notifying HMRC of evidence of suspected tax offences.

As in all of the examples of ICE team involvement in multi-agency operations above, you must have a valid power of entry to ensure the integrity and legality of your presence on the premises.

Street homelessness operations

Immigration Enforcement works with local communities, business partners and stakeholders to assist in areas where immigration concerns are raised to resolve issues and improve the lives of those in the communities we serve.

The process for conducting street homelessness operations is the same process as intelligence-based police-led street operations, and can be found in the ‘Crime reduction operations (CROPS)’ section of Operational enforcement visits.