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
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)
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Family returns process: outline & aims
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.
1
Decision
2
Assisted
Return
3
Required
Return
4
Ensured
Return
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:
(i) 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
(ii) working in partnership with others that can help and have relevant expertise
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Family returns process:
key elements (rolled out 1 March 2011)
1
Decision
 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
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2
Assisted
Return
• Every family will
have a family
conference to
explain return
options (including
AVR) and manage
barriers
3
Required
Return
• 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
4
Ensured
Return
• 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
Family returns process: independent Family
Returns Panel
What is it?
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
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What does it mean for UKBA &
families?
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
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
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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.
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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
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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
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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
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