Ending the detention of children: a fresh approach to managing family returns in the UK

1. Ending the detention of children: a fresh approach to managing family returns in the UK Caroline Rowe Regional Conference on Alternatives to Detention, UNHCR 16 November 2011

2. Family returns process: background • May 2010: new Coalition Government gave a commitment to end the detention of children for immigration purposes • June 2010: review began to consider how this could be done in a way which protects the welfare of children while ensuring the return of families who have no right to be in the UK: • Over 300 individuals and organisations contributed • Strong involvement of NGOs • Consultation with European partners • Piloting of new approaches • December 2010: publication of review conclusions by Deputy Prime Minister (and immediate closure to families of Yarl’s Wood Immigration Removal Centre)

3. Family returns process: outline & aims Assisted Return Required Return Ensured Return Decision 2 3 1 4 Four stages starting on first contact with a family and focusing on importance of collecting information on the family, and the need to consider the whole family circumstances in deciding on the status of the family. • The process continues as they move through to the point that a decision has been taken that a family must leave the UK, and any subsequent in-country appeal rights have been exhausted. • Key change in emphasis placed upon: • developing rapport with the family to build trust, explain responsibilities, allow parents to make choices about the manner and timing of their departure, and for the family to understand available return options • working in partnership with others that can help and have relevant expertise

4. Family returns process:key elements (rolled out 1 March 2011) Assisted Return Required Return Ensured Return Decision 2 3 1 4 • Families will receive 2 weeks notice of removal rather than 72 hours in order to fully prepare themselves and their children for departure • Families will be offered the chance to manage their own return with a self check-in removal • New independent Family Returns Panel to advise on individual plans for ensured returns • New ensured return options including Limited Notice, Open Accommodation and Pre-Departure Accommodation • Creation of specialist family case-owners in every region (or access to specialism) • Piloting a new compact between UKBA and families setting out the deal • Every family will have a family conference to explain return options (including AVR) and manage barriers

5. Family returns process: independent Family Returns Panel What does it mean for UKBA & families? What is it? • UKBA must design a tailored returns plan taking the family’s history and welfare needs into account • UKBA must be receptive to challenge and a different viewpoint – if we don’t do our work properly, plan will be rejected • Expert support in helping to design the best approach • A better outcome for families • Independent of UKBA • Consists of an independent chair, plus members with safeguarding and medical expertise • Advise (and challenge) UKBA on the best method of return from the perspective of the welfare of the child • Will not consider whether the decision to remove is correct

6. Family returns process: pre-departure accommodation • . • Former residential school for children with special needs near Gatwick airport Secure, but low key, perimeter Maximum privacy and freedom of movement within the grounds

7. Family returns process: pre-departure accommodation: apartments • 9 self-contained apartments, all with full kitchen facilities, to accommodate up to 44 people Designed to give families complete independence if they don’t wish to associate with other residents But they are encouraged to visit the communal areas and have complete freedom of movement around the accommodation and gardens.

8. Family returns process: pre-departure accommodation: how does it work? • Families referred only after advice has been sought from the independent Family Returns Panel • Barnardo’s provide welfare services to help prepare the family for removal • With suitable risk assessment, families may leave the centre • Maximum stay normally 72 hours • May be extended to 7 days but only with the personal authority of the Immigration Minister

9. Family returns process: at the border Need to hold families on occasion to protect border security and/or to safeguard the welfare of children Hold for maximum of 24 hours at port Or transfer to Tinsley House for maximum of 72 hours (up to 7 days with ministerial authority) Tinsley House newly refurbished for the purpose

10. Family returns process: evaluation • UNHCR carrying out evaluation of family asylum decision making • Report due May 2012 • Separate evaluation of effectiveness of the overall process • Controlled by an evaluation steering group with an independent element • Cohort research • Impact assessment • Documentary evidence • Data mining • Interviews • Evaluation to conclude end 2012