Response to an inspection of illegal working enforcement
Updated 1 March 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/response-to-an-inspection-of-illegal-working-enforcement/response-to-an-inspection-of-illegal-working-enforcement
August - October 2023
The Home Office thanks the Independent Chief Inspector of Borders and Immigration (ICIBI) for this medium inspection report into illegal working enforcement.
The Home Office is pleased the report is positive regarding the work of the Immigration Enforcement staff the ICIBI engaged with, including staff who work in the frontline of Immigration Enforcement and carry out operational visits. There is a strong commitment across the department to ensure we learn from the findings.
The ICIBI identified several areas for improvement and has made 6 recommendations. The Home Office has accepted the recommendations and work is already underway to address these.
Recommendation 1
Ensure that for each enforcement visit:
(a) planning sufficiently considers and records the potential for impact on communities and vice versa.
(b) all mandatory checks are completed and fully recorded.
(c) reconnaissance is conducted in a manner that considers readily identifiable risks
Accepted
Recommendation 1a - accepted
Immigration Enforcement already has processes in place to consider the impacts on communities. However, we will review this guidance to ensure it continues to meet its purpose.
Recommendation 1b - accepted
Mandatory checks are already included in immigration officer training. This is in addition to the immigration enforcement assurance checks that are carried out across all teams and the reintroduction of first line assurance will strengthen this process (see recommendation 4a). We will continue to raise awareness within Immigration Enforcement via feedback from assurance reviews (see recommendation 4c).
Recommendation 1c - accepted
The opening line in Safe Systems of Work (SSOW) guidance for considerations of reconnaissance states that ‘Reconnaissance must be conducted for all operational arrest visits, either by walk by, drive past or virtual recce’. The SSOW details how to carry out walk by and drive past. However, it does not go into detail on how to carry out virtual reconnaissance and cautions against officers using digital media to conduct reconnaissance, due to its limitations, including that the information may not be accurate. We will carry out a review of this guidance to ensure it is sufficiently rigorous.
We will aim to complete these actions by April 2024.
Recommendation 2
Implement a system to allow operational staff access at all times to up-to-date and succinct guidance.
Accepted
Immigration Enforcement will review guidance using feedback from officers and assurance activity to implement change where appropriate. Returns, Enforcement and Detention Policy will work with change and transformation colleagues to explore whether “succinct guidance” can be provided for use on a mobile platform that can be accessible to officers in the field.
We will aim to complete these actions by the end of 2024.
Recommendation 3
Ensure that immigration officers are using and recording use of coercive powers accurately.
Accepted
Immigration Enforcement already assure the recording of coercive powers and feedback is provided to teams via assurance reports and assurance forums. We will build on existing assurance in this area to ensure that officers are recording the use of coercive powers accurately. The reintroduction of first line assurance will further assist with this (see recommendation 4a) and we will review the feedback mechanisms of Level 2 assurance to drive improvement (see recommendation 4c).
We will aim to complete this by April 2024.
Recommendation 4
In relation to assurance:
(a) as a matter of priority, re-introduce a formal first-line assurance process.
(b) ensure that second-line assurance covers all operational areas, including planning activity.
(c) review feedback delivery mechanisms at the operational level for second line assurance to ensure it is driving improvements.
Accepted
Recommendation 4a - accepted
A new assurance toolkit has recently been introduced by the Assurance and Risk Team. This will enable all Immigration Enforcement business areas to conduct and record first line assurance. Assurance frameworks for Immigration Enforcement are being developed and will be introduced as soon as possible.
Recommendation 4b - accepted
Second line assurance currently covers all areas of Immigration Compliance and Enforcement including the elements of the planning process. We will build on this to capture all elements of the planning process.
Recommendation 4c - accepted
We will engage with Immigration Compliance and Enforcement to review feedback mechanisms for second line assurance to maximise improvement.
This recommendation will be completed by July 2024.
Recommendation 5
Implement a standardised procedure for recording debriefing records on PRONTO.
Accepted
Immigration Enforcement will review debriefing of illegal working enforcement visits to identify opportunities to develop and implement standard procedures for debriefing including recording debriefs on Pronto where appropriate.
We will aim to complete this recommendation by the end of 2024.
Recommendation 6
Accepted
Objectives for illegal working are in place and have been communicated across Immigration Enforcement and key stakeholders. Immigration Enforcement will develop metrics to measure performance against these objectives for the 2024 to 2025 financial year.
We will aim to have this completed by April 2024.
Set out clear objectives for illegal working activity and establish metrics to measure performance against those objectives.