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Role and remit review of ICIBI discontinued

皇冠体育app Independent Chief Inspector of Borders and Immigration expresses disappointment at decision not to proceed with the Windrush Lessons Learned Review鈥檚 Recommendation 10.

David Neal

In the (March 2020), independent reviewer Wendy Williams assessed the events leading up to the Windrush scandal. She concluded that 鈥渨hat happened to those affected by the Windrush scandal was foreseeable and avoidable鈥�. She found that 鈥渁 range of warning signs from inside and outside the Home Office鈥� 鈥� including concerns raised by the Independent Chief Inspector of Borders and Immigration (ICIBI) 鈥� 鈥渨ere simply not heeded by officials and ministers鈥�. She identified 鈥渢he organisational factors in the Home Office which created the environment鈥� in which the mistakes that led to the scandal were made. And she made 鈥�30 recommendations for change and improvement鈥� at the Home Office, several of which focused on the need for the department to 鈥渙pen itself up to greater external scrutiny鈥�.

One such recommendation 鈥� the Review鈥檚 Recommendation 10 鈥� called for the government to 鈥渞eview the remit and role of the ICIBI, to include consideration of giving the ICIBI more powers with regard to publishing reports鈥�. 皇冠体育app recommendation went on to say that 鈥渕inisters should have a duty to publish clearly articulated and justified reasons when they do not agree to implement ICIBI recommendations鈥�. Finally, Recommendation 10 complemented Recommendation 9, which called for the introduction of a Migrants鈥� Commissioner, by proposing that 鈥渢he ICIBI should work closely with the Migrants鈥� Commissioner to make sure that systemic issues highlighted by the commissioner inform the inspectorate鈥檚 programme of work鈥�.

In the (CIP) issued by the Home Office as its response to the Windrush Lessons Learned Review in September 2020, the then Home Secretary accepted Wendy Williams鈥� 30 recommendations in full. With respect to Recommendation 10, the CIP stated that it was the department鈥檚 intention 鈥渢o appoint an independent reviewer this year [2020]鈥� and 鈥渢o carry out a full review of the ICIBI in the first quarter of 2021鈥�. However, no reviewer was ever appointed, and no review has taken place.

Commenting on the decision announced by the Home Secretary today that the Windrush Lessons Learned Review鈥檚 Recommendation 10 will now be discontinued without having been implemented, the Independent Chief Inspector of Borders and Immigration, David Neal, said:

I am disappointed the Home Secretary has decided not to progress Recommendation 10, since this presented an ideal opportunity to take stock and examine a number of issues relating to the independence and effectiveness of the ICIBI.

皇冠体育app ICIBI was established in 2009; its budget has been stagnant since then, and staffing levels have actually decreased, even as borders and immigration issues have grown in prominence and complexity. A role and remit review would have provided an opportunity to assess whether the level of resourcing provided to the inspectorate is appropriate.

Moreover, unlike other inspectorates, the ICIBI does not have the power to publish its own reports. 皇冠体育app Home Office is responsible for publishing ICIBI鈥檚 reports, and it regularly fails to meet its commitment to ensure that reports are published within 8 weeks of submission. In many cases, reports are published considerably beyond this timeframe. So this is a missed opportunity to look at increasing powers regarding the publishing of reports as explicitly recommended by Wendy Williams. Of the 23 ICIBI reports that have been published during my tenure, only one was laid in Parliament within the agreed 8-week window. 皇冠体育app inspection report on the initial processing of migrants arriving via small boats that I completed in February 2022 鈥� and that documented security breaches at Tug Haven and Western Jet Foil 鈥� was not published until the week before last year鈥檚 summer recess, nearly five months after it had been submitted to the Home Secretary and some 13 weeks late. Such delays affect perceptions of the ICIBI鈥檚 independence and effectiveness and may hinder timely scrutiny of the Home Office鈥檚 performance.

It is disappointing as well that no role and remit review will examine Wendy Williams鈥檚 recommendation that a duty be placed on ministers to justify the non-acceptance of ICIBI recommendations and that the Chief Inspector will not be able to work closely with a Migrant鈥檚 Commissioner when formulating his inspection programme, as the Home Secretary has also decided not to proceed with Recommendation 9.

A role and remit review would also have provided an opportunity to explore how greater synergies could be established between the ICIBI and other similar inspectorates.

While I regret that the role and remit review called for in the Windrush Lessons Learned Review will not go forward, it is my hope that the ICIBI will nonetheless be able to work with the Home Office to address these issues. Wendy Williams recognised that the ICIBI is 鈥榓 critically important external review mechanism for the department鈥�. I look forward to engaging with ministers and officials to ensure further progress towards meeting Williams鈥檚 call for the Home Office to become 鈥榓n organisation that is more confident under the gaze of external scrutiny鈥�.

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Published 26 January 2023