Foreword
The policing needs of asylum seekers and refugees represents one of the greatest challenges to the Police Service today. It is only by careful planning and preparation that Forces, in partnership with other agencies, will help successfully integrate asylum seekers into their communities during the determination of their claims and avert the community tensions and disorder which have beset a number of towns and cities over recent months.
This guide explains the process by which dispersal will be managed and identifies key processes which will assist Forces and Basic Command Units (BCU) prepare to receive asylum seekers and police their communities.
The Police Service’s approach will be based upon the following key principles:-
Principles:
- Asylum seekers are entitled to the same protection to live free from crime, harassment and intimidation as any other member of our society
- The Police Service shares responsibility for the safety of asylum seekers with other statutory agencies and the community. Success will be dependent upon effective partnerships
- Asylum seekers who offend will be treated in the same manner as any other offender who challenges the rule of law
This guide has been written according to the provisions and principles enshrined in the Human Rights Act 1998. In writing this guide it has been assumed that officers/staff involved in meeting the needs of asylum seekers and refugees are aware of their responsibilities as detailed in the Act. Every effort has been made to ensure that this guide is compliant with the Articles of the European Convention on Human Rights.
Robert Ayling Esq. QPM, MA(Oxon)
Deputy Chief Constable
Kent County Constabulary
Acknowledgements
This guide has been the culmination of work over the last year and it would not have been possible without the assistance of many colleagues and partnership agencies across the country and in Europe.
Project Team
DCC Robert Ayling / KentSupt Chris Eyre / Kent
Sgt Paul Fotheringham / Kent
D. Supt Andrew Rennison / West Yorkshire
DCI Paul Shaw / Kent
CI Judith Common / Northumbria
Insp Mick Morris / Metropolitan
Insp Roger Williams / Devon & Cornwall
PC Lynn Button / Northumbria
Working Group
CI John Martin / Greater ManchesterCI Steve Richards / Merseyside
Insp Mike Rumble / Sussex
Insp Neil Redstone / Dorset
DI D Wood / Suffolk
Insp David Morton / South Yorkshire
DS Mark Evans / West Midlands
PC Bushra Zarif / West Midlands
DC Bob Grugal / Merseyside
Additional Work
D Supt Dennis McGookin / KentDCI Kevin Turner / Kent
D Supt David Stevens / Kent
Alison Depledge (Media Officer) / Kent
Human Rights Accreditation
Jeremy Naunton - Solicitor / Force Legal Department, KentPS Alex Harrington / Kent
The Project Team would also like to thank all those other persons who have given their assistance, from organisations such as the Refugee Council, Kent Social Services, Migrant Helpline, Kent Messenger Newspapers and many other agencies and voluntary groups.
For the use of the cover photograph, thanks to International Care and Relief - improving the lives of young people in the developing world -
Also, the Immigration and Nationality Directorate have provided much assistance with this project and the Utrecht Police, Islamic Bureau, Utrecht, Holland.
This document has been distributed widely to stake-holders across many different agencies who are involved, or have an interest in the asylum issue and their input has been of great value.
ACPO Guide to Meeting the Policing Needs of Asylum Seekers and Refugees1
Contents
Executive Summary4
Agenda for Action6
1: Introduction11
Annex 1 - A History of Immigration in the UK10
2: Immigration & Asylum Processes15
British Asylum Policy and Processes12
Asylum Applications12
The Asylum Process13
Asylum Seeker Support13
The National Asylum Support Service (NASS)14
Vouchers15
Fraud15
Regional Consortia19
Immigration Liaison16
Removals17
Termination of Support17
Removal as a Tactical Option18
Police Assistance with Removal22
Recommendations19
Annex 2a - The Asylum Process23
Annex 2b - IND Business23
Annex 2c - Asylum Appeals Process24
Annex 2d - NASS Support Arrangements24
Annex 2e - Immigration Arrest Project25
Annex 2f - Immigration Form I.M. 326
3: Processing of Illegal Entrants31
Illegal Entry31
Facilitation of Illegal Entry34
Recommendations35
Annex 3 - Summary of Stated Case35
4: Arrivals and Reception of Asylum Seekers34
Information Exchange34
Asylum Seeker Reception35
Useful Contacts and Trouble Shooters35
Asylum Seeker Documentation36
Availability of Interpreters36
Recommendation37
Annex 4a - Regional Consortia Contacts and37
NASS Regional Manager Contacts41
Annex 4b - List of One Stop Services38
Annex 4c - Useful Contacts and Trouble Shooters41
Annex 4d - Example Welcome Leaflet44
5. Community Policing Issues49
Community Concerns and Perceptions46
Crime by the Resident Community46
Other Issues47
Recommendation50
6: Police Structures and Systems51
Force Level51
Basic Command Unit Level.52
Other Focus Areas55
Racist Incidents and Crime Recording57
Training Strategy58
Recommendations61
7: Media Strategy62
Example Media Strategy64
Recommendation65
8: Developing an Intelligence Led Approach66
Intelligence Objectives66
Focus for Intelligence67
Conclusion70
Recommendations70
9: Criminality affecting Asylum Seekers77
Racism and Violence77
Trafficking and Facilitation77
Exploitation and Extortion78
The Sex Trade78
Organised Crime79
10: Investigations involving Asylum Seekers81
The Enquiry81
The Crime Scene82
The Investigation82
Court Room Presentation & Criminal Justice Issues83
Other Issues84
Recommendations85
Annex 10 - Speculative Fingerprint Searches with IND86
11: Examples of Good Practice87
Section 5 Warning87
12: Glossary91
Executive Summary
Since 1990, the number of asylum applications in the United Kingdom has increased from 26,000 to over 70,000 in 1999. In response to this trend the Government introduced the Immigration and Asylum Act 1999 with the intention of reducing the number of entrants into the country and speeding up the processes by which asylum claims are assessed and determined. That Act came into effect on 3rd April, 2000 and has resulted in the dispersal of newly arrived asylum seekers to towns and cities across the United Kingdom. Over coming months the changed processes of assessment and determination will see a considerable number of these claimants given refugee status, integration will be a priority. There will also be many thousands having their applications refused and being removed from the United Kingdom.
The Police Service has a key role to play in all stages of the asylum and immigration processes from the time some immigrants are identified as illegal entrants to the country, to the management of the dispersed communities across the United Kingdom and the arrest and removal of unsuccessful asylum claimants. This Guide has been drafted to identify the key features which will affect the Police Service and recommend good practice which will enable Forces to deal with the unique challenges presented by the asylum situation.
The Immigration Service encourages the Police Service to arrest and detain suspected illegal entrants in order that they can identify and register asylum applications at the earliest opportunity. Current policies across Police Forces vary from arresting suspected illegal entrants, to advising them how to contact the Immigration Service and register their claim without being taken into custody. This Guide identifies the need for a range of options which reflect the numbers of asylum seekers being identified as illegal entrants in different Force areas and the capability of the Immigration Service to provide a swift and appropriate response to their detention. Forces should consider formalising their policies in line with the recommendations in the Guide and in consultation with the Immigration Service.
The Immigration and Asylum Act 1999 has implemented dispersal of asylum seekers to towns and cities across the United Kingdom. This dispersal will attempt to group asylum seekers of similar nationalities in any one town or area while their asylum claim is determined by the Immigration Service. The dispersal is co-ordinated and managed by the National Asylum Support Service, a Government Agency based in the Immigration Offices in Croydon. Regional Consortia have been established across the United Kingdom to implement dispersal and placement of asylum seekers in available accommodation on behalf of the National Asylum Support Service. The Guide recommends the establishment of structures and systems by which Forces can maintain contact with the National Asylum Support Service and influence the appropriate placement of asylum seekers within communities to prevent community tensions and problems. The appointment of Liaison Officers is considered essential to the effective management of the difficulties caused by dispersal and are key assets in the prevention of community tensions and disorder which can flow from the placement of asylum seekers.
Forces must recognise that there is a need for long term planning and a commitment to manage the integration of asylum seekers and refugees with local resident communities. A proportion of asylum seekers will be given refuge under the country’s obligations to the 1951 United Nations Convention on Refugees. Other asylum seekers’ applications may be rejected and they may be removed from the United Kingdom. However, the rate of arrival in the United Kingdom currently exceeds the rate of voluntary and enforced removal of unsuccessful asylum applicants. It is reasonable, therefore, to expect that even where asylum seekers’ applications are unsuccessful, they will be replaced by newly arrived asylum seekers. From the perspective of local communities the presence of asylum seekers will appear constant. Without planned action to manage the tensions which may exist between the indigenous population and asylum seekers, significant racial tensions and public disorder may result. This Guide recommends ways in which Forces should seek to approach the integration and management of asylum communities.
Experience over the last 4 years has been that where asylum communities have been established there has been ill informed adverse media coverage which has contributed to heightened local tensions and resentment of asylum seekers. The Guide recommends mechanisms for implementing a co-ordinated media strategy with all other agencies involved with the asylum seekers to ensure a consistent and constructive message is maintained. The difficulty with achieving such a positive media message is significant, the failure to do so may undermine much of the Police Services efforts to limit tensions and maintain community harmony.
The Police Service must be cognisant of the antecedents of asylum seekers arriving into this country. Many will have a significant victim history having fled from areas of conflict, others may have military antecedents, having been involved as soldiers in many of the conflicts in the Balkans, Central Europe and Asia. Others may arrive with established criminal backgrounds and a propensity to offend. This Guide identifies intelligence approaches and systems which the Service should adopt in identifying offending within the community, countering the development of organised crime, and victimisation of vulnerable asylum seekers.
It is extremely likely that over the coming months Forces will experience crimes where asylum seekers are victims, witnesses or offenders. This Guide identifies the problems which will be experienced in investigating these crimes and recommends mechanisms which can limit these difficulties and give Senior Investigating Officers the best opportunities to succeed in their investigations.
This Guide has been built on the experience of policing established ethnic minority communities across the United Kingdom and the experience of certain Forces in the policing of asylum seekers. In drafting the Guide assistance has been drawn from colleagues in Holland with more experience of policing established asylum communities. Our intention is to establish and identify good practice which may be of assistance to Forces in policing a growing and challenging issue.
Agenda for Action
This guide identifies a number of key recommendations. They are listed below being numbered by the chapter in which they will be found:
Immigration and Asylum Processes
2.1 - Forces should appoint a liaison officer for their Regional Consortia
2.2 - Forces should ensure that a liaison officer from their region represents the Police Service on the consortia (link to recommendation 6.1)
2.3 - Force liaison officers should establish formal systems of communication between themselves and the regional consortia
2.4 - Forces should appoint liaison officers to the National Asylum Support Service
Processing of Illegal Entrants
3.1 - Forces should review their policy towards the arrest & processing of suspected illegal entrants (including the issue of reclaiming costs)
3.2 - Forces should review their policy in relation to persons suspected of offences under S25 Immigration Act 1971 Facilitation
Arrivals and Reception of Asylum Seekers
4.1 - Develop a local directory of interpreters within asylum groups to assist with general communication between police and asylum communities and to assist in the initial reporting of crime
Community Policing Issues
5.1 - A clear public communications strategy should be agreed by Forces with other statutory agencies. This should be communicated and explained to elected representatives and staff.
Police Structures and Systems
6.1 - Forces should appoint a liaison person/co-ordinator to lead on behalf of the Force on issues surrounding policing an asylum community and to facilitate partnership working (link to 2.2)
6.2 - The Force Co-Ordinator should make early contact with the NASS and regional consortia to establish mechanisms for information exchange
6.3 - BCU Commanders should consider appointing a liaison officer at BCU level to lead on issues surrounding policing an asylum community and to facilitate partnership working
6.4 - BCU’s should review their community safety plans under the Crime and Disorder Act with their partners
6.5 - BCU’s should conduct an audit and establish a directory of community contacts and voluntary groups involved or who may become involved with the asylum community
6.6 - Crime & Disorder partnerships (LRA) should establish asylum seeker fora involving representatives from the voluntary sector and operational officers from statutory agencies involved with asylum seekers
6.7 - BCU’s should purchase the Refugee Council Guide to statutory and voluntary agencies working with asylum seekers
6.8 - BCU’s should review their structures for policing the asylum community and should consider implementing the recommended model shown above
6.9 - Forces and BCU commanders should establish mechanisms by which they can be consulted and influence the housing of asylum seekers by the regional consortia to ensure community harmony
6.10 - Recording systems for racist incidents and crimes should be adapted to distinguish racist crimes and incidents involving asylum seekers
6.11 - Forces should make available documentation in all relevant languages and establish systems to encourage the reporting of racist crimes and incidents
6.12 - Local training packages should be developed for BCUs with information relevant to the local asylum community
6.13 - Forces should review their race and community awareness training to include issues particular to asylum seekers
Media Strategy
7.1 - Forces should consider reviewing their media policy with other agencies
Developing an Intelligence Led Approach
8.1 - Include asylum seekers within the Strategic Intelligence Requirement (SIR) of the Force (based on the National Intelligence Model)
8.2 - Include asylum seekers within the (SIR) of the BCU, giving ownership within the roles described in chapter 8.
Investigations Involving Asylum Seekers
10.1 - Forces should establish protocols with their Social Services Departments which agree (subject to the necessary authorities and legislation):-
i. Detailed registration of juvenile asylum seekers in care homes.
ii. Clear and accessible records to the registrations (for the prevention and detection of crime)
10.2 - Force Liaison officers should establish early contact with NASS representatives and agree protocols for accessing information to assist investigations of missing persons
10.3 - Where forces receive unaccompanied minors Police and/or Social Services departments should establish age verification systems to assist in processing asylum seekers believed to be adult but claiming to be juveniles
10.4 - Forces are encouraged to review their policy for conducting police checks for other agencies in light of the increase in the number of local authority care homes and family hostels used by asylum seekers
1: Introduction
Over the last decade Europe has experienced a marked increase in the numbers of people entering from outside the E.U. and claiming asylum[1]. The situation in the United Kingdom has attracted extensive media coverage and frequent comment by politicians. The United Kingdom is often represented as a ‘soft touch’ whose benefits systems have been targeted by a disproportionately high number of immigrants and perhaps as a consequence, voters in the approach to the May 2000 local elections identified the asylum seeker issue as their third most serious concern after health and education.
While the United Kingdom has been receiving an increasing number of asylum seekers, (see table 1) this is mirrored across other European countries. Given the emotive way in which the situation has been represented, the Police Service has been presented with a major task of ensuring that, while their applications are being processed, asylum seekers are afforded the same rights and protections as any other member of our society. Our success is dependent upon developing the trust of the asylum communities and may often be made more difficult because our first contact with some asylum seekers may be by arresting them as suspected illegal immigrants.
The arrest and detention of illegal entrants is just the first stage of the asylum process involving the police service. (that is not to say that all asylum seekers are illegal entrants as will be explained in chapter 2). The integration of asylum seekers within resident populations is dependent upon fair and professional policing, working with our partnership agencies to ensure community safety.
The majority of experience in policing the asylum situation has built up in forces in the South and East of England around the main ports of entry. However, in 1998 and 1999 the growth in the size of the resident asylum community caused local authorities in London and Kent to begin informal dispersal of asylum seekers to other areas. It is fair to say that inter-ethnic resentment surrounding the placement of asylum seekers in unprepared communities has led to tension and violence with severe consequences for community safety. The cost of policing this issue has also been extremely high with Kent County Constabulary expending £1.95 million in 1999.