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

• CredibilityConvince migrants and public of effectiveness

• TrustObtain compliance of migrants with a system that

is seen as fair

Strategies for overcoming barriers to removal

• EnforcementEnd of process, returns-orientated

• EngagementEarly 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 ex-offenders 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 ProjectPilot 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 asylum-seekers 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