Beyond alternatives to detention?

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Beyond alternatives to detention?

• The UK experience an NGO perspective

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Beyond alternatives to detention

• UK achievements show value of moving beyond
  narrow model of detention or alternatives.
• UK has explored a range of approaches based on
  enforcement and / or engagement.

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International good practice

• International Detention Coalition documented a
  range a of strategies to keep individuals engaged
  in immigration procedures while living in the
  community... Successful programs support
  clients through the bureaucratic process with
  information and advice to explore all options to
  remain in the country legally and, if needed, to
  consider all avenues to depart the country.
• There Are Alternatives, 2011

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A range of approaches

• The UK has explored
• End of process alternatives to detention
• Early interventions that reduce the need for
  enforcement

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The challenge for UK immigration control

• Credibility
• Convince migrants and public of effectiveness
• Trust
• Obtain compliance of migrants with a system that
  is seen as fair

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Strategies for overcoming barriers to removal

• Enforcement
• End of process, returns-orientated
• Engagement
• Early intervention, explore different outcomes

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The enforcement approachlong-term detention

• Can enforcement alone guarantee returns, with
  sufficient investment?
• The UK uses long-term detention of ex-offenders
  in order to overcome barriers to removal.
• Yet 57 of detainees held for over a year are
  released.

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End of process engagement to promote voluntary
returnThe Glasgow Family Returns Project

• Pilot residential alternative to detention for
  families at end of asylum process.
• Families receive support from social workers.
• Aims
• Increase take-up of voluntary return
• Maximise child welfare at end of asylum process
• No additional cost compared to detention

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Glasgow Family Return Project outcomes

• Evaluation (May 2011)
• 25 families entered the project
• 3 agreed voluntary return, but refused by Home
  Office
• 3 enforced returns
• No voluntary returns

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Glasgow Family Returns Project analysis

• Families felt lack of trust in the system and did
  not believe that they would be removed
• Most were long-term resident in Glasgow
• End-of-process intervention with exclusive focus
  on return did not create trust
• But positives partnership approach, improved
  information for families, avoidance of detention

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Early engagement approaches1) Early Legal
Advice Project

• Provides early legal advice and representation to
  improve the quality of initial asylum decisions
• Rolled out in Midlands / East region since
  November 2010

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Early Legal Advice Project outcomes

• Outcomes of earlier Solihull pilot
• 75 higher than national average rate for case
  conclusion within 6 months
• 73 higher initial refugee status grant rate
• 50 lower successful appeal rate.
• Early signs that current project also yielding
  positive outcomes

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Early engagement approaches2) FamilyKey Workers
Pilot

• 2011 pilot carried out by Refugee Action NGO in
  Liverpool area, based on an earlier pilot between
  April 2010 and 2011.
• Refugee Action Key Workers support asylum-seekers
  throughout process to meet welfare needs and
  improve understanding
• Discuss voluntary return options at early stage
• But no involvement of legal representives

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Key Workers Pilot objectives

• Asylum-seekers welfare needs are met
• Asylum-seekers understand the asylum process
• Asylum-seekers better able to take decisions
  about their futures, including voluntary return
• Asylum-seekers experience reduced stress

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Conclusions

• Early engagement can build trust in the system
  and improves case conclusion rates
• Trust is essential to successful processes
• Projects suffer from not being integrated with
  each other into end-to-end systemic engagement

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Beyond alternatives to detention

• Detention Action