Beyond
alternatives to
detention?
The UK experience:
an NGO perspective
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.
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
A range of approaches
The UK has explored:
• End of process alternatives to detention
• Early interventions that reduce the need for
enforcement
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
Strategies for overcoming barriers to
removal
• Enforcement
End of process, returns-orientated
• Engagement
Early intervention, explore different outcomes
The enforcement approach:
long-term detention
• Can enforcement alone guarantee returns,
with sufficient investment?
• The UK uses long-term detention of exoffenders in order to overcome barriers to
removal.
• Yet 57% of detainees held for over a year are
released.
End of process engagement to promote
voluntary return:
The 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
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
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
Early engagement approaches:
1) 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
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
Early engagement approaches:
2) 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 asylumseekers throughout process to meet welfare
needs and improve understanding
• Discuss voluntary return options at early stage
• But no involvement of legal representives
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
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
Beyond
alternatives to
detention
Detention Action