UK BORDER AGENCY
RACE, DISABILITY AND GENDER
EQUALITY SCHEME 2008 - 09
Foreword from the Chief Executive, UK Border
Agency
This, the current version of the Race, Disability and Gender
Equality Scheme, follows on from the previous version that was
prepared last year for the Border and Immigration Agency.
The race component of the scheme has been revised in
accordance with the equality legislation, and the opportunity has
also been taken to amend the other parts of the scheme where
necessary.
The most significant difference between this and the previous
version of the scheme is that there is now one Action Plan, rather
than there being a separate plan for each of the strands. This is
because many actions support all three strands; I believe this to be
the most effective method of achieving real implementation, this
also removes unnecessary duplication.
We have reported progress on all three strands in a separate
update.
Much has happened since last year’s scheme was published. A
new regional structure for the organisation has been put in place,
to enable the agency to respond quickly to local issues, and the
regions have now taken over some of the functions that were
previously dealt with centrally.
The UK Border Agency came into existence, on 1 April 2008,
integrating the work of the Border and Immigration Agency,
UKvisas and Customs in order to meet the Home Office strategic
aim to: Secure our borders and control migration for the benefit of
our country.
1
We are determined to embed equality and diversity within all
aspects of our business as an employer, policy-maker and service
provider. We are totally committed to the Home Office Three Year
Diversity Strategy which was launched by David Normington in
May 2007. This has put in place an effective framework which
ensures that there is a consistent approach across
the Home
Office to delivering and reporting on all aspects of equality and
diversity. We will continue to drive full compliance with our
legislative responsibilities and will seek to go further to truly put
equality at the heart of all we do.
As the organisation continues to change, so the requirements of
the equality scheme must also change. A full revision will be made
in 2009 to ensure that all the agency’s new business areas have
been assessed for relevance, and that the requirements of
forthcoming equality legislation have been taken into account.
Lin Homer
Chief Executive
UK Border Agency
2
UK BORDER AGENCY
RACE, DISABILITY AND GENDER EQUALITY SCHEME
1. The management of our borders is fundamental to the interests
of the United Kingdom. Our immigration system must allow us to
manage properly who comes here and ensure people leave when
they are no longer entitled to be here.
2. We also want to welcome holidaymakers and other visitors,
investors, business people and students who come here, adding to
our economy and enriching our society.
3. We also intend to meet our international obligations to refugees
who need our protection. We will welcome genuine refugees and
promote their integration within the community.
4. Above all, we need a system which protects the security of this
country, prevents abuse of our laws, is fair to lawful migrants and
the British public, and in which people have confidence.
5. Increasing globalisation, changing patterns of travel and
migration, and international crime and terrorism all pose
challenges for our country, as they do for all advanced,
industrialised countries.
6. Within this context, the work of the UK Border Agency (UKBA) is
founded on three strategic objectives:
• We will protect our border and our national interests;
• We will tackle border tax fraud, smuggling, and immigration
crime;
• We will implement fast and fair decisions.
These support the agency’s purpose:
• Secure our borders and control migration for the benefit of
our country.
3
7. UKBA is a key operational agency within the Home Office,
specifically supporting the strategy of ‘
Working together to protect
the public’ by delivering on the strategic objective:
• Secure our borders and control migration for the benefit of
our country.
8. The UK Border Agency (UKBA) came into existence on 1 April
2008. It brought together the work of the former Border and
Immigration Agency, of UKvisas and the customs detection work at
the border from Her Majesty’s Revenue and Customs, and has the
responsibility for tackling smuggling as well as that of immigration
control.
9. The new agency will re-organise itself into three unified
operations:
• a single border force, which will permit a single checkpoint
for both passport control and customs;
• international work, including visa operations, international
policy and overseas liaison; and
• immigration work, including asylum and managed migration.
These will be supported by corporate functions and by an
Intelligence Directorate and an Enforcement Directorate to provide
support for the whole business.
10. The UK Border Agency Race, Disability and Gender Equality
Scheme sets out how the UK Border Agency intends to carry out
the general statutory duties to promote race, disability and gender
equality.
11. The Home Office is committed to a policy of equality
opportunity for all staff. We will not discriminate on grounds of
gender, gender identity, ethnic origin, age, disability, sexual
orientation, faith and belief, marital or civil partnership status or any
other factor irrelevant to a person’s work. Assessment for
recruitment, selection, appraisal, training and career progression
purposes is based entirely on the individual’s ability and suitability
for the work. We are committed to providing staff of all ages and
backgrounds with opportunities to maximise their skills and
4
achieve their potential, offering flexible working arrangements
wherever possible. We will make suitable adjustments to the
accommodation where required in consultation with the HODS
network, and involve disabled staff in any discussions regarding
adaptations to their working environment. We encourage a diverse
workforce and aim to provide a working environment where all staff
at all levels are valued and respected, and where discrimination,
bullying and harassment are not tolerated. We expect all our staff
to play their part in supporting this aim.
12. UK Border Agency wholeheartedly supports The Home Office
Three Year Diversity Strategy which was launched by David
Normington (Permanent Secretary) in May 2007. This strategy acts
as a strategic driver to help secure an integrated and systematic
approach to equality and diversity, across all business areas,
within the Home Office Group. Its five strategic aims are:
• managers at all levels demonstrate effective leadership on
equality and diversity;
• potential of under-represented groups developed to create a
representative workforce at all levels;
• a working environment where staff respect and value each
other’s diversity;
• effective Home Office implementation of statutory obligations
on equality and diversity; and
• services delivered in a way that promote equality and respect
diversity.
UK Border Agency reports on these aims on a quarterly basis and
works with the Home Office strategic team to agree both strengths
to build on and areas for improvement.
13. The UK Border Agency adheres to the Home Office values,
which were developed in consultation with its staff and
stakeholders and which underpin how we will achieve our
objectives and guide our everyday behaviour. These are:
• we deliver for the public;
5
• we are professional and innovative;
• we work openly and collaboratively; and
• we treat everyone with respect.
14. This is a summary of what the UK Border Agency will seek to
achieve through the scheme. Specific actions are set down in the
UK Border Agency’s Action Plan for the three strands (while the
UK Border Agency accepts that gender identity is a separate
strand it will be considered in this scheme along with gender
because of the legislative requirements). The UK Border Agency
has developed a regionally delivered service. With effect from 1
April 2007 the functions of Managed Migration, Asylum and
Enforcement and Removals Directorates have been unified, and
are the responsibility of senior UK Border Agency Directors in each
region. Policy has not been regionalised.
15. The UK Border Agency is committed to meeting its obligations
under the:
• Race Relations Act 1976, as amended;
• Disability Discrimination Act 1995, as amended; and
• Sex Discrimination Act 1975, as amended.
16. The obligations laid down under each Act are not identical.
Under the Race Relations Act the UK Border Agency has a duty to
have regard to the need to eliminate unlawful discrimination and
promote good relations between persons of different racial groups,
but it is subject to two important exemptions from the Act. It is
exempt from the duty to promote equality of opportunity in
performing immigration and nationality functions within the
meaning of the Act. It is also exempt from the duty not to
discriminate on grounds of nationality or ethnic or national origins
when authorised by statute or a ministerial authorisation, but is
subject to the rest of the duty. The exemption from the duty to
promote equality of opportunity is because that duty is considered
incompatible with the exercise of immigration controls in respect of
people whose opportunities could be improved by coming to or
living in the UK.
6
17. In relation to its obligation under the Disability Discrimination
Act, the UK Border Agency has due regard to the need to:
• eliminate unlawful discrimination;
• eliminate harassment of disabled persons;
• promote equality of opportunity between disabled persons
and other persons;
• take steps to take account of disabled persons’ disabilities,
even where that involves treating disabled persons more
favourably than other persons;
• promote positive attitudes towards disabled persons; and
• encourage participation by disabled persons in public life.
18. In relation to its obligation under the Sex Discrimination Act
1975, as amended, the UK Border Agency will meet its
requirements under section 76A of the Act, by which a public
authority shall have due regard to the need to eliminate unlawful
discrimination and harassment and to promote equality of
opportunity between men and women when carrying out its
functions.
19. Unlawful discrimination can be:
• on the grounds of sex. This can be discrimination against
women or against men;
• on the grounds of intending to undergo, undergoing or
having undergone gender reassignment;
• against married persons or civil partners (though not against
single persons);
• on the grounds of pregnancy or paternity leave;
• by way of victimisation; or
7
• harassment, including sexual harassment.
20. The Sex Discrimination Act (Amendment) Regulations 2007,
when they are enacted, will extend protection against
discrimination in the provision of goods and services on the
grounds of actual or proposed gender reassignment, in
accordance with EC Directive 2004/113 (the Equal Treatment
Directive). The UK Border Agency is committed to meeting its
obligations towards transsexual people, and, as a matter of good
practice, will extend this towards transgender people as well.
21. The Action Plan identifies key actions for the agency’s various
business areas.
22. The UK Border Agency is committed to the effective
performance of all of its duties, and the required outcome of the
scheme is that it will conform with all of them. The scheme will be
reviewed annually so that its effectiveness can be monitored and, if
it transpires that any of the duties are not being met, corrective
action can be taken. The UK Border Agency is committed to
delivering an efficient, professional and legally compliant service.
23. In many cases, the links between specific aspects of the
Government’s immigration policy on the one hand and community
relations on the other are unlikely to be direct or causal.
International developments, media reporting of equality and
immigration issues, social and economic conditions within
communities and particular events all exert powerful influences on
public attitudes and behaviour. However, the Government clearly
has a key role to play in leading a constructive, informed public
debate on these issues: this includes explaining the positive
benefits of migration within the context of a globalised world
economy.
24. In all cases where it falls to UK Border Agency officials to
provide advice to Ministers or the UK Border Agency Board
concerning significant proposed or possible changes to policy or
procedure which may affect the UK Border Agency’s discharge of
the general duties, it will be mandatory to include a specific section
in the submission or paper on the proposal’s potential impact on
the promotion of race, disability and gender equality and the need
to avoid unlawful discrimination.
8
25. The Commission for Equality and Human Rights has issued
guidance on gathering and analysing evidence to inform policy,
which includes guidance on carrying out impact assessments. The
guidance says that relevant parties should be consulted or, in the
case of disabled people, involved in gathering evidence. In
practice, the UK Border Agency may sometimes need to introduce
changes in immigration law with immediate effect, in order to avoid
a last-minute rush of applicants eager to take advantage of any
loophole that might be about to close, and this may limit the degree
of involvement the UK Border Agency is able to achieve. There
may also be circumstances in which consultation is impractical for
security reasons. The UK Border Agency will, however, in all cases
gather and analyse such evidence as is available to it in order to
assess the impact the proposed policies are likely to have, and
how it can eliminate or mitigate any adverse impact.
9
Internal Approach to Consultation and Involvement
26. The UK Border Agency takes its commitment to consulting and
involving its staff seriously.
27. When drafting the race, disability and gender aspects of the
scheme, the relevant staff networks were consulted. The Network
(for staff interested in race equality within the Home Office) was
consulted for race aspects, as were the Home Office Disability
Support Network for the disability aspects and Home Office
Women and a:gender (for transsexual members of staff) for the
gender and gender identity aspects, and these latter networks
were involved in the working groups that were set up to oversee it.
28. In addition, when the Disability Equality Scheme was drawn up,
two user forums (described more fully in paragraphs 30 - 32 below)
were held to consider both internal and external aspects of the
scheme. Disabled members of staff were invited to these events,
through the Home Office Disability Support Network and through
internal channels of communication, and made an effective
contribution.
29. Subsequently, when the Gender Equality Scheme was drafted
a series of focus groups were conducted, at which members of
staff considered various HR aspects and then looked at the
different issues, including why data is collected, why men and
women appear to outperform each other at various levels, part-
time and flexible working patterns, maternity and paternity policies,
and training.
30. A questionnaire was forwarded to internal stakeholders in all
UK Border Agency Directorates, principally through the network of
Equality and Diversity Advisors, and to the trade unions. The
replies were considered and were taken into account in compiling
the scheme.
10
External Approach to Consultation and Involvement
31. The UK Border Agency has a large existing and developing
regional structure, operating at over 40 locations throughout the
UK, including seaports, airports and other offices and
establishments. Every year, the Agency has contact with a vast
number of individuals as arriving passengers, applicants,
sponsors, appellants and immigration offenders. For many, their
interaction with the UK Border Agency is a short and simple
experience. For others, their contact with the Agency is likely to be
more prolonged and less straightforward. The Government
believes that the immigration system should treat everyone fairly
without unlawful discrimination. All immigration, asylum and
nationality cases are considered on their individual merits in
accordance with the law and published policy.
32. The three Acts (the Race Relations Act 1976, Disability
Discrimination Act 1995 and Sex Discrimination Act 1975) all
specify that when a public authority draws up an Equality Scheme
there must be consultation with or involvement of relevant parties.
The UK Border Agency fully recognises that consulting and
involving a wide and diverse range of people is essential for
producing a robust and comprehensive scheme. It has sought to
consult and involve those who have no specialist knowledge of its
work but could look at it from the outside and provide the
perspective of a service user.
33. As regards the Disability Equality Duty, the Disability
Discrimination Act requires that disabled people must be involved
in drawing up the Scheme; they must be people who appear to the
authority (i.e. the UK Border Agency) ‘to have an interest in the
way it carries out its functions’.
34. The Home Office Disability Support Network, which is an
independent support network for Home Office staff with disabilities,
was involved in the planning process from the start. But it was also
necessary to involve representatives of other organisations, so that
the UK Border Agency’s policies and functions could be scrutinised
from the outside.
35. Delegates from a number of organisations representing
disabled people (as well as members of the UK Border Agency’s
11
staff) were invited to two user forums, during which the agency’s
policies and procedures were considered, and the input provided
used to inform the drafting of UKBA’s associate scheme. The
continuing involvement of disabled people in the progress of the
scheme will in future be the responsibility of the regions, who may
conduct regional fora or organise any other means of involvement
they consider feasible.
36. The duties in relation to the race and gender duties are less
stringent, consisting of an obligation to consult rather than to
involve, but nonetheless the UK Border Agency has taken its
duties seriously and has taken care to consult relevant
stakeholders with regard to both race and gender while drafting the
scheme and to ensure their views are taken into account. The
gender equality questionnaire referred to in paragraph 25 was also
sent to external stakeholders, and some comprehensive replies
were received.
37. In the future, the UK Border Agency will maintain and extend
its contact with stakeholders and will ensure that full account is
taken of their views when monitoring and revising the scheme.
38. The UK Border Agency’s field of work remains among the most
sensitive and high profile in Government. Its prime function is to
advise Ministers in the formulation of immigration, asylum and
nationality policies; to implement approved policies; and to
administer legislation passed by Parliament in these fields by
delivering front-line services to passengers and applicants.
39. Within government, the UK Border Agency is responsible for
bringing forward immigration and nationality policies that reflect
Ministers’ assessment of where the public interest lies, having
regard to UK’s social and economic interests and to the broadest
possible span of public opinion. This includes reconciling the rights
and needs of individuals and of new communities with those of the
country as a whole.
40. The UK Border Agency will consult outside Government as
appropriate in each case when assessing the potential impact of
significant change to policy and procedure.
41. Consultation may take different forms, depending on the scale
of the issues concerned. At the highest level, Ministers may decide
12
to carry out a full public consultation exercise in respect of
proposals for major policy or legislative change, applying the
principles contained in the Cabinet Office guidance on public
consultations. On other issues, Ministers and officials might decide
to adopt a more targeted approach on consultation, approaching
representative, academic, or professional bodies for an expert view
where the matter at issue is more technical.
42. In determining which external groups to engage on policy
issues, the UK Border Agency will act in accordance with the need
to engage the legal practitioner community, but also to reach
beyond well-established contacts to bodies and groups
representing local communities and faith communities.
43. In practice, it will not always be possible or appropriate for the
UK Border Agency to consult outside government because of the
need to preserve the effective administration of immigration control
and to respond rapidly to developing operational situations as they
arise. However, an impact analysis will in any case be done.
Owing to the pressurised and fast-moving nature of the Agency’s
work, there is inevitably a fine balance to be struck between
consultation, flexibility and the needs of the business. The
decision to consult will be dictated by the scale and nature of the
impact of the proposed policy change against the need of the
business and by the value likely to accrue from obtaining the views
of others. Where the UK Border Agency does undertake
consultations outside government, it will ensure that the exercise
is:
• meaningful, in that it genuinely feeds into the decision-
making process and is timed to allow this to happen;
• representative, in that it is genuinely based on a proper
cross-section of views and that these views genuinely
represent the community groups likely to be affected; and
• effective, in that it genuinely makes an impact on the policy
development process.
44. Examples of circumstances in which the UK Border Agency will
not normally consult because to do so might have significant
adverse operational consequences or prejudice the public interest
or the rights of individuals include:
13
• new visa regimes, prior to being announced to Parliament;
• specific enforcement or other Immigration Service operations
aimed at tackling illegal immigration or breach of the
immigration laws; and
• other areas where to do so might prejudice the
administration of immigration control or the rights of an
individual (e.g. to privacy).
14
Gathering Evidence
45. Whenever a new policy or procedure or a significant change to
an existing policy or procedure is proposed the UK Border Agency
will perform an Equality Impact Assessment of policies and
practices. Initial assessment will be by screening, followed by a ful
Equality Impact Assessment if the screening indicates that one is
needed.
46. The purpose is to assess the relevance of what is proposed to
the statutory equality duties in relation to race, disability and
gender, including gender identity, and also to age, religion and
belief and sexual orientation. By including the latter three strands
in assessments the Home Office has gone beyond its legal
requirements as a matter of good practice. Any adverse effects on
particular groups which are identified will need to be addressed.
47. Guidance concerning the Equality Impact Assessment process
is set out on the Home Office’s internal website. There are two
documents which have been designed to assist any member of
staff who needs to undertake an Equality Impact Assessment, a
guidance summary and a template which sets out the stages that
must be followed. Training for policy makers is also provided in
conjunction with the central strategic Home Office team.
48. The Home Office’s Overarching Race, Disability and Gender
Equality Scheme sets out the process in detail:
‘In order to support the Equality Impact Assessment (EIA) process
we have developed tools, including templates, training and
guidance documents, to ensure that staff are knowledgeable and
confident in assessing the impact of policies. Our EIA tools enable
consideration of the equality impact of policies and functions on
disability, race, gender, gender identity, age, religion and belief,
and sexual orientation.
The EIA process has six stages:
Preliminary screening – assessing the extent to which a
policy is relevant to equality. A full EIA is not required if the
business activity is assessed as not being relevant to
equality. This must be supported by evidence and signed off
by the head of the policy/programme unit.
15
Considering existing evidence – reviewing current qualitative
and quantitative research.
Gathering evidence through community engagement –
involving internal and external stakeholders in policy and
programme development.
Mitigating adverse impacts.
Ensuring public access to information – ensuring that
stakeholders have access to the policy and programme
development process, as well as encouraging policy owners
to build ongoing relationships with stakeholders and
communities once the policy is in place.
Monitoring the effect of the policy.’
49. Current policies and practices will also be screened for their
relevance to race, disability and gender equality, and assessed as
appropriate. This will be done by 2010 in line with our Three Year
Diversity Strategy.
50. Where the UK Border Agency requires further information
about the potential impact of a proposed new policy or procedure
on community relations, the Agency will, as far as possible, seek to
make use of existing contacts with representative bodies, local
authorities, national and local law enforcement agencies and
community organisations for an informed view.
51. Where appropriate, the UK Border Agency will consider
gathering statistical information on the effects of its policies and
practices. It should, however, be borne in mind that the collection
of usable data is not straightforward and, in the case of disability,
there are particular difficulties raised by differing cultural
understandings of the concept of disability. Since the cost of
obtaining such data is likely to be high, the UK Border Agency will
also need to consider the resource implications with reference to
how the information can be used to help substantial numbers of
people in genuinely practical ways.
52. The UK Border Agency have not hitherto collected information
about the ethnicity of passengers and applicants as a matter of
16
routine. The annual Command Paper
Control of Immigration:
Statistics United Kingdom contains fairly detailed case outcome
information, broken down by nationality or geographical region of
origin where those data are available. The UK Border Agency will
consider specific proposals for new projects involving ethnic
monitoring. In particular, research studies are being undertaken
into the feasibility of collecting data on the ethnicity and other
circumstances of arriving passengers who are delayed for further
questioning, and also into port refusal rates for different
nationalities.
53. In all cases where it falls to UK Border Agency officials to
provide advice to Ministers or the UK Border Agency Board
concerning significant proposed or possible changes to policy or
procedure which may affect the UK Border Agency’s discharge of
the general duty, it is mandatory to include a specific section in the
submission or paper on the proposal’s potential impact on good
relations between persons of different racial backgrounds, and the
need to eliminate unlawful racial discrimination. In particular,
officials must consider the following questions:
• Is change likely to have a practical impact on particular
nationalities or racial groups, or on disabled people or
transsexual people or is it likely to affect men and women
differently, and, if so, which groups and to what degree?
• What effect, if any, might the proposal have on relations
between different settled UK communities or between
disabled people and others?
• What effect, if any, might the proposal have on relations
between settled UK communities and new recent migrants to
the UK?
• What possible alternative options have been considered to
avoid the impact?
• If the change has to be made and is likely to have a negative
impact, how can the impact on the groups affected be
mitigated?
17
• If there is likely to be an impact on particular groups, such as
to amount to discrimination under the Race Relations Act,
would a ministerial authorisation under the Race Relations
Act be required?
• How might the changes be made in a way that does not
stigmatise particular groups or otherwise harm race relations
or disadvantage disabled people or transsexual people or
either men or women?
54. Where it is judged that further evidence is required before a
policy with potentially far-reaching ramifications can be developed
further, the UK Border Agency will consider commissioning
research to examine existing available data or to collect additional
data, if possible, as part of existing research programmes. This
approach will only be considered if the necessary evidence cannot
be obtained by other proportionate means.
55. All major enforcement operations must be assessed for
potential community relations impact in advance. Race equality,
disability and gender issues, including issues specifically or
additionally relevant to gender identity, are taken into account in
the operation of arrangements to support and accommodate
destitute asylum seekers in their initial accommodation or in the
community, and in managing immigration detention centres.
56. Wherever possible, assessments of functions and policies,
impact assessments and the results of consultations and
monitoring will be published on the UK Border Agency’s website
(www.bia.homeoffice.gov.uk). But there may be occasions when
publication might adversely affect the integrity of immigration
control, the UK’s international relations or national security. On
those occasions, information will not be published.
57. A significant portion of the UK Border Agency’s services are
contracted out. Where this happens, the contractors are bound by
the same terms as the Government. The UK Border Agency is
responsible for ensuring that the general and specific duties are
met when it delivers its functions, specifically in the production and
management of Service Level Agreements.
58. The UK Border Agency is committed to ensuring that the
material it publishes, and the services it provides, are accessible to
18
all members of different communities. The quickest and easiest
way to find out about these matters is to visit the UK Border
Agency website. Where there is substantial need for it, the UK
Border Agency seeks to produce information translated into foreign
languages. In respect of verbal communication, where UK Border
Agency customers cannot understand English, an interpreter is
called in from the UK Border Agency Interpreters Unit.
59. Ensuring that the scheme works in practice will require a ful
commitment from all the UK Border Agency’s staff, from senior
management down, to implement it in their day to day activities.
The message is being disseminated through the channels of
communication so that all staff become aware of their personal
obligations to abide by the legislation, and awareness of race,
disability and gender equality is incorporated into staff training as
appropriate.
60. The responsibility for ensuring that each individual directorate
within the UK Border Agency complies with its duties under the
Race Relations Act, Disability Discrimination Act and Sex
Discrimination Act belongs to the senior director accountable for
the relevant directorate. The Enforcement and Compliance Policy
Development Unit is responsible for co-ordinating the UK Border
Agency’s Race, Disability and Gender Equality Scheme, and the
internal aspects of the scheme will be the responsibility of UKBA’s
senior HR Director.
61. The UK Border Agency’s Equality Scheme will be reviewed
annually in April, and a revised version will be produced every
three years. The agency has set up a system of Regional Equality
and Diversity Action Groups to consider equality and diversity
issues within each of its regions, and these have been given the
responsibility for assessing the agency’s performance with regard
to both internal and external matters, and for reporting on progress
within each region.
19
Key Challenges
62. The key challenges in the areas of race, disability and gender
equality currently facing the UK Border Agency can be grouped
under the fol owing headings:
Internal and Staffing
It is the UK Border Agency’s policy that all staff receive
appropriate diversity training; this ranges from initial
induction through to specialist courses for staff and
managers.
Home Office race, disability and gender employment targets
for representation, progression and retention are in place in
UKBA, these are monitored quarterly and will be reviewed in
2009. The Agency’s employment practices promote race,
disability and gender equality and equality of opportunity,
seeking to eliminate any possibility of discrimination.
Confidentiality is maintained concerning information about
diversity issues in individual cases, which has been obtained
in the course of official duties.
UK Border Agency staff must be aware of Section 22 of the
Gender Recognition Act 2004, which makes it an offence
(except in certain specific circumstances) to disclose
information that has been acquired in an official capacity
about a person’s gender history. Home Office policy has
gone beyond the requirements of the law, and UK Border
Agency staff must be aware of Home Office Notice
032/2006, which explains the policy in this area.
The UK Border Agency’s Processes
Asylum, immigration and nationality decisions and
operations avoid all unlawful discrimination. Ministerial
authorisations under the Race Relations Act, section 19D
are properly justified, evidence based, legally robust, and
kept in force for only so long as necessary.
20
Equality impact assessments are performed to assess the
impact of new policies and functions or changes in existing
policies and functions on grounds of race, disability, gender,
gender identity, religion or belief, sexual orientation and age,
whenever this is needed.
Non-visible disabilities, where known, are taken into account
when providing services and conducting interviews, and the
UK Border Agency directorates are aware of support groups
and maintain lists of relevant organisations.
Contractors and shared service suppliers’ functions on
behalf of the UK Border Agency are monitored to ensure
that they and their staff avoid unlawful discrimination and
harassment, and actively promote equality and diversity.
Dispersal of asylum seekers takes account of the needs of
individuals receiving support, to ensure that they are
dispersed to areas where appropriate support is available,
and that accommodation is adapted for specific
requirements, taking into account the temporary nature of
the accommodation and the duties owed by other bodies,
such as local authorities. Dispersal takes into account issues
of local race relations.
A detention policy is put in place which specifically relates to
gender identity (this is particularly relevant with regard to
issues of single-sex accommodation, searching, access to
medication, privacy for dilation by transsexual women, and
hostile attitudes towards detainees perceived to be
transsexual by other detainees).
Evidence gathering and monitoring
Monitoring arrangements for various areas of the UK Border
Agency’s performance are introduced, where it is sensible
and reasonably practical to do so, and the outcome of such
monitoring is fed back to inform future policy and operations.
Statistical evidence is maintained, and this is regularly
analysed to identify areas where there may be disadvantage
on the grounds of race, disability or gender.
21
Contact with customers
Refugees are empowered to achieve their full potential as
members of British society, to contribute fully to the
community and to become fully able to exercise their rights
and responsibilities, which they share with other residents.
Applicants for asylum, entry clearance and entry under
routes of managed migration are given the opportunity to
indicate any needs they may have and are made aware of
the assistance that is available to them. They are made
aware of race, disability and gender issues, including issues
specifically or additionally relevant to gender identity, and
are reassured that any information disclosed relating to
those grounds will not lead to a negative response.
Written communication (including forms and letters) can be
made available in formats that can be accessed by all who
need them, such as the visually impaired, people with
learning difficulties and those for whom English is a second
language.
The UK Border Agency must treat its customers with due
respect.
Specialised facilities
Specialised equipment to assist disabled customers must be
accessible as appropriate and staff must be aware of where
it can be obtained, if needed. Every port must have a
contingency plan, to include details of where specialised
equipment is located.
22
Race Relations (Amendment) Act 2000:
Immigration and Nationality Provisions and
ministerial authorisations
63. The Race Relations (Amendment) Act 2000 amended the
Race Relations Act so as to:
a) outlaw race discrimination in public functions not previously
covered by the Race Relations Act;
b) place a general duty on specified public authorities to
promote race equality; and
c) give the Home Secretary powers to impose specific duties
on public authorities subject to the general duty and to add
to the list of bodies to which the general duty applies.
64. The UK Border Agency is exempt from the duty to promote
equality of opportunity under section 71 of the Race Relations Act
because the application of the immigration and nationality
legislation necessarily involves denying opportunities to some
groups on the basis of their nationality, which are offered to others.
The UK Border Agency is subject to the remainder of the general
duty to have due regard to the need to eliminate unlawful
discrimination and to promote good relations between different
racial groups.
65. Section 19D of the Race Relations Act (as amended) provides
a specific exemption in respect of immigration functions. The
requirement for an effective immigration control in some
circumstances necessarily involves treating some groups
differently from others, a feature not particular to the UK.
Discrimination on the basis of nationality or ethnic or national origin
in the exercise of immigration functions is not unlawful under the
Act if required by specified immigration legislation or expressly
authorised by Ministers. A ministerial authorisation permitting
differential treatment reflects the need to target limited resources
towards dealing with certain types of immigration abuse or
disrupting the activities of people traffickers. The section 19D
exemption does not apply to acts carried out by the Agency in
respect of the investigation or prosecution of criminal offences.
23
Discrimination on the grounds of race is not permitted by the Act
except where justified on national security grounds.
66. Section 19E of the Act provides for the appointment of an
independent Race Monitor to report to Parliament via the Home
Secretary on the likely effect of any ministerial authorisations made
under section 19D and on how such authorisations are acted upon
in practice by immigration staff. This position will be abolished
when the UK Borders Act 2007 comes into effect, and its
responsibilities taken over as part of the duties of a new position of
Chief Inspector.
67. The UK Border Agency intends to carry out the general duty to
eliminate unlawful discrimination and to promote good relations
between different racial groups as laid down in section 71 of the
Act.
68. Delivering race equality is one of the main challenges for the
UK Border Agency. It is also a prerequisite to successful delivery
of our aims. Race equality runs through all of our aims and is
central to the way we deliver them. The Race Relations Act places
a responsibility on every public servant for ensuring race equality
in the delivery of public services. The UK Border Agency has to be
a beacon of good practice and an exemplar to the public service
and the UK as a whole. That is one reason why the scheme is so
important.
69. Race equality is a particularly crucial issue in the UK Border
Agency area. In many respects the formulation, presentation and
implementation of immigration policy has the potential to influence
the climate of race relations in the UK. This includes the way in
which visitors and migrants of all categories are treated in practice;
public opinions and perceptions about the fairness and
effectiveness of the system of immigration control (including its
contribution to public security); the way in which migrants impact
on the pattern of experience of existing communities; and their
integration into the social and economic fabric of the country. It
also includes Home Office monitoring and control of contractors,
for example those operating detention services, to ensure that they
and their staff avoid unlawful discrimination and racial harassment
and actively promote race equality.
24
70. The Race Relations Act also makes special provision for
complaints of unlawful racial discrimination which concern
decisions made by the UK Border Agency on the entitlement of a
person subject to immigration control to enter or remain in the UK.
It is open to those applicants who believe they have been subject
to unlawful discrimination to appeal on this basis to the Asylum and
Immigration Tribunal as part of the ‘one stop’ immigration and
asylum appeal process. Persons complaining about unlawful
discrimination by the UK Border Agency otherwise than in relation
to their entitlement to enter or remain in the UK may apply for
damages in the civil courts in the usual way.
25
UK Border Agency policies and functions and their
relevance to race, disability and gender equality
71. The following section sets out policies and functions,
describing the key challenges and assessing their relevance to
race, disability and gender equality on a scale of high/medium/low.
Prior to April 2007 these were the responsibility of individual
directorates but, with the regionalisation of the UK Border Agency,
the regions have responsibility for many of these policies and
functions.
Policy
Policies and functions of particular relevance
72. UK Border Agency Policy Units provide support to both
Ministers and UK Border Agency staff in the development,
implementation and communication of immigration and asylum
policy.
Objectives and targets
(a) The Points-Based System (high relevance)
Ensure, and monitor, that no-one is prevented solely by
reason of race, disability or gender from obtaining the requisite
number of points.
(b) Impact assessments (high relevance)
Ensure that all proposed policies and functions, and
changes in existing policies, are screened for relevance to race,
disability and gender equality, and a full equality impact
assessment is performed if needed. A timetable will be devised to
screen existing policies.
(c) Protection of those fleeing from persecution in accordance with
our obligations under the United Nations 1951 Refugee
Convention and its Protocol, while returning those whose claims
fail to their own countries (medium relevance).
26
Ensure that asylum seekers, including those affected by
mental disorders, are not disadvantaged in the consideration
and processing of their claims by reason of factors related to
race, disability, gender or gender identity.
Asylum
Policies and functions of particular relevance
73. Through asylum case management, to manage the processes
for all new asylum claimants.
To enable destitute asylum seekers to be supported while their
claims are under consideration.
Objectives and targets
(a) To ensure that asylum seekers with a disability, or special or
gender-specific care needs (for example pregnant women or
domestic violence survivors) have the opportunity to disclose, and
have due consideration of, these needs; and, where necessary,
are provided with appropriate support (high relevance).
In the process of considering and allocating accommodation,
due regard is paid to any need specified at point of claim - in
person or within the asylum support application. For
example, where a disability affecting mobility is identified,
ground-floor accommodation would be provided, or in
considering gender- specific needs, providing single-sex
accommodation.
(b) To ensure that dispersal (the allocation of accommodation
around the country after initial reception to asylum seekers) is to
suitable locations and, for example, to areas where there are
support networks or community organisations which can provide
assistance to those who require it, or where appropriate treatment
can be accessed, if needed (high relevance).
Asylum seekers who may be at risk in specific locations are
not sent to those locations, for example domestic violence
survivors.
27
Medical advice is taken into consideration for asylum
seekers who require treatment and medical support. These
applicants will be dispersed to locations where such support
is available, and provided with accommodation that is
equipped with the necessary facilities to keep medicines at
the right temperature.
Asylum Support Policy Bulletin 85,
Dispersing Asylum
Seekers with Health Care Needs, is a publicly available
document which can be found on the website
www.bia.homeoffice.gov.uk/sitecontent/documents/policyand
law/asylumsupportbulletins/medical. The following two
paragraphs from the bulletin specify the policy towards
asylum seekers with HIV/AIDS:
‘Newly arrived asylum seekers with HIV/AIDS who are not
currently receiving ongoing treatment in the UK should be
dispersed from initial accommodation at the earliest opportunity to
enable them to start treatment on dispersal to a suitable area. In
other cases dispersal should only take place following expert
clinical advice from the treating clinician.
‘Dispersal should normally only take place if the asylum seeker is
medically stable and does not have any other active complication,
or when asylum seekers and clinicians have had time to
adequately prepare for dispersal and have confirmed
arrangements with either the asylum support caseworker or the
asylum support medical adviser.’
(c) To ensure that asylum seekers are not prevented by reason of
race, disability or gender from presenting their case to its best
advantage (high relevance).
In considering asylum applications, the case owner is
responsible for managing all aspects of the asylum claim
through to its conclusion, and will need to be aware of how
disability, including hidden disability, and gender factors,
such as the effect of sexual trauma, can affect applicants in
presenting their case. Case owners will have access to
appropriate training, and applicants will have to be made
aware that they are able to ask for assistance; that
disclosure of disability will not be a negative factor in
considering applications; that family members, including
28
domestic violence survivors, are able to make separate
applications and have separate interviews; and that they can
request a case owner and interpreter of the same sex as
themselves. The need for services to be in place to provide
appropriate assistance in individual cases should be
considered.
Objective approaches should be piloted and monitored which
enable the relevant evidence to be correctly identified and
taken into account before an asylum decision is made, to
avoid allowing subjective values and assumptions to
influence the outcome.
Border Control
Policies and functions of particular relevance
74. The Border Control Directorate has taken an active role in
highlighting the objectives and targets for disability in its business
area, as well as providing comprehensive information about the
issues arising in specific ports.
The Directorate has identified three key challenges specific to its
business area:
how best to ensure that the functions delivered are of
consistent quality throughout all ports regardless of size and
geographic location;
how to monitor the quality of the functions delivered in order
to ensure that issues are raised and improvements made
where appropriate; and
how to involve disabled people in taking this forward.
Many of the functions and services required by disabled people
travelling through ports are already provided by airport authorities
and airlines. The UK Border Agency does, however, have an
obligation to ensure that any member of the public who may
require additional immigration checks such as further
questioning/interview, or is detained, is offered all necessary
additional assistance.
29
Objectives and targets
(a) To ensure that a contingency plan is written by the business
manager for each port within the command to ensure that all
facilities will be offered as required, regardless of location. As a
further measure, all staff will be made aware of their obligations
and what plans are in place at their location (high relevance).
In the area of border control, it is paramount that customers are
treated with respect, and UK Border Agency staff will be expected
to ensure that they are.
Enforcement and Removals
Policies and functions of particular relevance
75. The enforcement of immigration law, delivering UK immigration
control needs, including responsibility for the return of failed
asylum seekers and the provision of the operational enforcement
capability for the UK Border Agency.
Enforcement and Removals Directorate (E&R) has identified the
objectives and targets for disability in its business area:
The three key chal enges specific to the business area are:
– how best to ensure that all functions are consistently
disability friendly;
– how to monitor the quality of the functions delivered in order
to ensure that issues are raised and improvements made
where appropriate; and
– how to involve disabled people in taking this forward.
The main task of E&R is the removal of people who have no
legal right to stay in the UK. It is considering how best to
ensure that the special problems of disabled people who
may be subject to this process are addressed, possibly by
the use of a questionnaire-based system.
30
One of the main targets is for appropriate staff to be trained
in carrying out equality impact assessments. This will ensure
that any new policies and procedures comply with equality
legislation.
Operations should consider disability and gender issues and
draw up a risk assessment whenever these might be a
factor.
Detention Services
Policies and functions of particular relevance
76. The detention of immigration offenders, those who are
scheduled
to be removed from the UK and certain categories of asylum
seeker.
Objectives and targets
(a) To ensure that appropriate decisions are made concerning
which site detainees are sent to (high relevance).
There is currently a site criterion. When a person comes into
custody an assessment is undertaken, and a person with
particular needs will be sent to a location where there are
appropriate facilities.
(b) To ensure that appropriate support and facilities are available
for detainees with particular needs (high relevance).
All detainees are seen by health professionals within 24
hours of arrival when medical needs are considered.
(c) To ensure that disability and gender issues, including issues
specifically or additionally relevant to gender identity, are taken into
account during movements of detainees between sites and during
removals (high relevance).
A medical escort will accompany a detainee if there is a
medical issue with a removal.
31
At least one member of an escort must be of the same sex
as the detainee.
Managed Migration
Policies and functions of particular relevance
77. The implementation of non-asylum immigration streams, by
managing routes into the UK labour market and considering
applications from people who want to extend their stay in the UK,
study or settle.
Consideration of applications for British nationality.
Objectives and targets
(a) To ensure that applicants are not disadvantaged by reason of
disability or gender when making paper-based or electronic
applications (high relevance).
The efficacy of written and electronic methods of
communication needs to be considered, and how appropriate
assistance can be given to those who are unable to present
their case to its best advantage by reason of impairment or
factors related to gender, for example pregnancy, nursing a
baby or care of children.
(b) To ensure that applicants are not disadvantaged by reason of
disability or factors related to gender when dealing face to face
with Customer Contact Centres or Public Enquiry Offices (PEOs),
including cultural approaches to gender (so that, for example
applicants from some cultures are only spoken to by someone of a
particular gender) (high relevance).
Customer Contact Centres and PEOs to be constructed to
specified standards. The PEO currently under construction in
Sheffield takes disability and access fully into consideration
and could serve as a good practice model.
(c) To ensure that applicants for British nationality are not
disadvantaged by reason of disability when taking tests of
knowledge of life in the UK or of English for speakers of other
languages (high relevance).
32
The tests of knowledge of life in the UK are computer-based
tests at various centres throughout the UK. The English for
speakers of other languages test is usually taken at a local
college. Special provisions are in place for disabled people
taking the tests. ‘Talking software’ is made available as
required.
Resource Management
Policies and functions of particular relevance
78. Dealing with consultants and contractors.
Maintaining the security of UK Border Agency premises.
Objectives and targets
(a) To ensure that consultants and contractors comply with the
requirements of the Race Relations Act, Disability Discrimination
Act and Sex Discrimination Act (high relevance).
Contractors are subject to government terms and conditions.
The optimum outcome would be to ensure that they are
monitored or self-audited.
(b) To ensure that security and other procedures take account of
disability and gender issues (high relevance).
The Security Guard Unit and messengers in Public Enquiry
Offices come into direct contact with the public. An optimum
outcome would be for security guards and messengers in
public areas to receive appropriate training in dealing with
disabled people, women who might be pregnant, members of
the public who have children with them, and transsexual men
and women and to be aware of the need to treat others with
respect.
(c) To ensure that incident control procedures enable disabled
people to evacuate premises quickly (high relevance).
Arrangements are in place for disabled members of staff to
use lifts in the event of an evacuation. Personal evacuation
33
plans must be drawn up for disabled members of staff if they
indicate they need one.
Human Resources and Organisational Development
Human Resources Directorate
Objectives and targets
79. The Equality and Diversity Team (EDT) within UKBA is now
known as the Equality and Diversity Strategic Centre (EDSC)
which took effect from 22 April 2008.
(a) Diversity Data: To ensure the collection of sound valid data and
subsequent monitoring of all HR policies (high relevance).
HR will continue to promote the benefits to staff of providing
their diversity data, so that robust data can be collected and
analysed in order to understand the true impact of our
policies across all diversity areas, including those staff with
part time or alternative work patterns.
HR will work with all staff support groups to encourage better
data collection, including actively involving disabled staff by
working with the Home Office Disability Support (HODS) and
following guidelines on monitoring gender identity from
a:gender.
(b) Monitoring/ Analysis: To ensure that full monitoring of all UKBA
HR policies and practices is undertaken to establish any differing
impact on any particular group and to accordingly instigate
necessary action/ review of policy.
HR will continue to work with policy owners to ensure that al
aspects of policy implementation are monitored.
UKBA will equality proof every pay award to ensure that
there is no % differential between men and women.
(c) Reasonable Adjustments: To ensure the provision of
reasonable adjustments where necessary speedily and effectively
at all stages of the employee life cycle (high relevance).
34
UKBA will work towards full Disability Discrimination Act
compliance and beyond to include staff not covered by the
Act. This will lead to disabled staff being recruited, retained
and developed.
UKBA will involve disabled staff by working in partnership
with the HODS Network.
(d) Accessibility: To ensure the accessibility of the UK Border
Agency services for all staff, for example development
opportunities, learning and development, communications and
childcare provision (high relevance).
This must be regardless of gender and working pattern and
take into account work life balance issues and those with
caring responsibilities.
HR will involve disabled staff by working in partnership with
the HODS Network and other stakeholders.
Particular attention should be given to ensuring that all
services are fully accessible to disabled staff, this should
include a range of reasonable adjustments as (c) above.
(e) Recruitment/ Selection/ Progression: To examine closely our
recruitment/ selection process and understand if and why it affects
certain groups differently (high relevance).
The Employee Resourcing Group (ERG) will review the
recruitment guidance issued to local recruiters to ensure that
it matches their operational need whilst providing opportunity
for all.
ERG and EDSC will develop a sound system of ‘dip
sampling’ job adverts to ensure that no unnecessary criteria
are included and no likelihood of indirect discrimination.
ERG and EDSC will monitor the make up and throughput of
all staff in the redeployment pool and take appropriate action
on any findings.
35
The Employee Resourcing Group (ERG) will work closely
with Jobcentre Plus to encourage disabled candidates to
apply for jobs in the UK Border Agency.
UKBA will ensure that the commitments of Disability Symbol
are fulfilled and deployed systematically across all business
areas.
ERG and EDSC will work with Home Office colleagues to
examine the policies and outcomes of Senior Civil Servant
(SCS) Recruitment with a view to developing a strategy to
more effectively address the issue of under representation at
that level.
UKBA will work with Home Office colleagues to establish the
need for, and the development of targeted development
schemes for under represented/ minority groups.
UKBA will work closely with
a:gender and other transsexual
employee stakeholder representatives to effectively embed
‘gender identity’ within policies and procedures and ensure
incorporation of the ‘trans perspective’.
The Workplace and
Gender Reassignment: A Home Office Guide for Staff and
Managers will be promoted across UKBA.
HR will use the Barriers paper written by a:gender to better
understand the difficulties faced by transsexual men and
women around recruitment, progression, promotion and
training opportunities.
(f) Learning and Development: To ensure that our total learning
and development strategy meets the needs of our business whilst
developing our people to both deliver these and reach their full
potential (high relevance).
EDSC will work with L&D and Home Office colleagues to
develop a group wide strategy for future diversity training
which will seek to implement a ‘blended learning’ approach
to support business objectives and (UKBA) regional and
agency organisation.
EDSC will work with L&D and Home Office colleagues to
develop a group wide positive action strategy which will
36
support our commitment to addressing under representation
at SCS level and the achievement of Home Office
aspirational targets; it will also complement the Cabinet
Office Leaders Unlimited programme.
EDSC will work with L&D and Home Office colleagues to
ensure that appropriate diversity impact assessment training
is in place, including specialist modules, and embedded in
existing training.
UKvisas
Policies and functions of particular relevance
80. Processing visa or entry clearance applications abroad from
those who wish to come to the UK.
Objectives and targets
(a) To ensure that applicants are not disadvantaged by reason of
disability or factors related to gender when making paper-based or
electronic applications (high relevance).
The efficacy of written and electronic methods of
communication needs to be considered, and how
appropriate assistance can be given to those who are
unable to present their case to its best advantage by
reason of impairment or factors related to gender.
(b) To ensure that applicants are not disadvantaged by reason of
disability or factors related to gender when dealing face to face
with visa sections abroad, and that there is appropriate sensitivity
to cultural norms (high relevance).
There is a requirement that visa sections abroad comply
with the Disability Discrimination Act as far as possible, by
ensuring access to buildings.
37
Publication and publicity arrangements
81. The UK Border Agency already collects and publishes a
substantial body of statistical information about applications and
case outcomes, including information about specific nationalities
(for example, the yearly Command Paper on UK immigration
statistics). As new policies and procedures are developed, the UK
Border Agency will of course take into account the need to build in
appropriate monitoring arrangements.
82. The Home Office Research Development and Statistics
Directorate already has a number of research projects underway in
the field of immigration and asylum. In particular, research studies
have been undertaken into the factors that lead Immigration
Officers to hold certain arriving passengers for further questioning,
to explore the feasibility of monitoring the ethnicity and other
circumstances of arriving passengers, and into port refusal rates
for different nationalities. Further research projects may be carried
out, where appropriate, to evaluate any new major policies or
legislative changes post implementation. Where relevant and
possible, the impact of government policies on the elimination of
unlawful discrimination and the promotion of good race relations
will be monitored in the context of such projects and the results
published with the relevant research report.
83. Wherever practicable, the UK Border Agency will publish the
results of relevant assessments and the nature and outcome of
any consultations carried out under this scheme at such time as
new policies are announced or introduced. This will include making
material publicly available on the UK Border Agency website,
including the Chief Inspector’s annual reports. Material will not be
published where to do so might adversely affect the integrity of
immigration control, the UK’s international relations or national
security. Subject to the agreement of participants, the minutes of
regular meetings with outside bodies at which consultations take
place will also be published. Responses to formal consultation
exercises will also be published unless the author specifically
states that their comments should be treated in confidence.
84. The UK Border Agency fully accepts the need for programmes,
particularly at the local level, to ensure that communities
understand the benefits of migration and also the reasons why
people become refugees and their special needs. Such
38
programmes aim to enhance community cohesion and counter
adverse Press comment on immigration and asylum issues. The
UK Border Agency will continue to take forward a programme of
work to pursue this aim.
85. The Government wants to ensure that employers do not
discriminate against individuals on the basis of their racial
background when taking steps to comply with the provisions of
Section 8 of the Asylum and Immigration Act 1996 (the 1996 Act).
Section 22 of the Immigration and Asylum Act 1999 amended the
1996 Act and introduced a Code of Practice for Employers. The
guidance has been produced by the Home Office in consultation
with appropriate organisations, including the Commission for
Racial Equality (whose responsibilities have now been taken over
by the Commission for Equality and Human Rights) and the
Equality Commission for Northern Ireland, and can be accessed
from the ‘Preventing illegal working’ pages of the UK Border
Agency website at
www.bia.homeoffice.gov.uk/employers/preventingillegalworking.
The Code outlines employers’ legal obligations under the Race
Relations Act 1976, as amended, and the Race Relations
(Northern Ireland) Order 1997, as amended, and provides some
examples of best practice in employment procedures that can help
employers meet these obligations. We advise that it is not
comprehensive and it is for employers to operate transparent
recruitment practices that are consistent with the law, to ensure fair
treatment to al applicants.
86. The quickest and easiest way to find out about the Immigration
Rules and information on the services provided is to use the UK
Border Agency website. The website also gives answers to the
most frequent questions people ask about a whole range of
immigration matters.
87. The Public Enquiry Offices are based in Croydon, Birmingham,
Liverpool and Glasgow, and offer (for certain types of applications)
a same-day service to people who apply in person. Applicants are
advised to check the information relating to the office they intend to
visit carefully, to ensure they are able to process the application.
All information provided by an applicant should be accompanied in
English or accompanied by an English translation. There may be
times when UK Border Agency staff will need to commission a
translation of a particular document or other piece of information.
39
88. We seek to produce information in foreign language translation
when our customers require this. Normally, though not exclusively,
this is asylum-related information. Historically, local UK Border
Agency business areas have produced asylum-related material,
and this is routinely translated into many languages. Other than in
asylum-related material, our customers will require translation only
when there is a clear and defined need.
89. The UK Border Agency Internet Team produces a range of
websites for customers and stakeholders. To reflect the diversity of
our customers, we have set up a stakeholder group comprising
foreign nationals seeking leave to remain. Once a website is
requested, full information will be gained about the target audience
and the site will be developed accordingly. We follow worldwide
guidelines on usability of websites and aim to ensure that the site
can be easily navigated and understood irrespective of what ethnic
background a user originates from.
90. In respect of verbal communication, where UK Border Agency
customers cannot understand English, an interpreter is called in
from the UK Border Agency Interpreters Unit.
40
Complaints procedure
91. The equality legislation does not provide individuals with a
legal right of action in respect of the general duties. If someone
has a complaint regarding the UK Border Agency’s compliance
with any of the general duties in respect of an immigration or
nationality policy matter, they should put their complaint in writing
to:
The Deputy Director
Enforcement and Compliance Policy Development Unit
6th Floor
Green Park House
29 Wellesley Road
Croydon
CR0 2AJ.
92. Appeals about decisions made in individual immigration,
asylum or nationality cases should be lodged with the Asylum and
Immigration Tribunal via the UK Border Agency in the normal way,
and complaints about the behaviour of UK Border Agency staff
should be directed to the appropriate complaints unit. For more
information, visit the UK Border Agency’s website at
www.bia.homeoffice.gov.uk. A statistical breakdown of formal
complaints is published annually by the UK Border Agency
Complaints Audit Committee in its formal report to the Home
Secretary, a copy of which can be found on the UK Border Agency
website.
93. The UK Border Agency will monitor the incidence of complaints
of racial discrimination made under the Agency’s non-statutory
complaints scheme, claims for damages in the civil courts for
unlawful discrimination, and appeals to the Asylum and
Immigration Tribunal at which discrimination is upheld.
94. The Commission for Equality and Human Rights has the power
to enforce the specific duties imposed on listed public authorities. It
is open to individuals, representative and community
organisations, and others to notify the Commission for Equality and
Human Rights, if they are concerned that a public authority has
failed to comply with its specific duties. However, the UK Border
Agency hopes that if there are concerns about the Agency’s
41
compliance with specific duties, then in the first instance these
concerns would be raised with the Agency itself.
42
UK BORDER AGENCY
RACE, DISABILITY AND GENDER EQUALITY SCHEME – ACTION PLAN
Policy Development
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
1
Policy
X
X
X
The UK Border Agency will The UK Border
UKBA are adopting
The UK Border Agency will
Ongoing.
Development
assess the impact of al
Agency will seek
Better
publish its race, disability
policy development
further advice and
Regulation principles and gender equality impact
projects to ensure
information from
and impact
assessments, and,
compliance with anti-
external and internal
assessments, which
whenever possible, the
discriminatory legislation
stakeholders where
ensures that al
results of its consultations.
and consistency with the
appropriate. Disabled impact assessments
Commission for Equality
people wil be
includes measuring
and Human Rights
involved when
and evaluating
guidance.
appropriate.
the impact of policy
proposals on Race,
Disability and
Gender Equality
(including gender
identity) as specific
impact tests.
43
Border Control
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
2
Border
X
X
X
Border Control staff to
Border Control staff
The induction training
Ongoing.
Control
receive appropriate
to be aware of the
currently covers face to face
Directorate
training for face to face
necessity of avoiding communication, and the
communication.
unlawful
need for courtesy and
discrimination and of
respect is at the heart of
promoting good race
what Immigration Officers
relations, and are
learn. This is reinforced
aware of issues that
once they have become
affect disabled
ful y competent and self-
people, transsexual
reliant post-induction and
people and of
mentoring.
gender issues, and
of the paramount
Border control is developing
need to treat
existing training materials
customers with
around diversity and cultural
courtesy and
awareness to include
respect.
particular case studies
showing how stereotypes
can indirectly affect
decisions (this will include
al three strands).
3
Border
X
A contingency plan
This wil enable the
A record will be kept of all
Ongoing.
Control
specific to each location
agency to promote
incidents involving disabled
Directorate
(depending on type and
equality of
people each year, divided
size of the port) to be
opportunity for
by type (requests for help,
prepared for each port.
disabled people
.
specialised equipment,
Standard equipment wil
etc.).
be made available at ports
as appropriate.
44
Asylum
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
4
Regional
X
X
X
Asylum caseworking staff
Asylum applicants
The quality of asylum
Services
Directors
to receive appropriate
must experience no
decisions is monitored
should be in
training for interviewing
disadvantage due to
through sampling by the
place to
and consideration of
any factors related
United Nations High
provide
cases.
to race, nationality,
Commission for Refugees
appropriate
or ethnic or national
and the Treasury Solicitor.
assistance in
origins, or to
The UK Border Agency also
individual
disability or gender
monitors the rate of allowed
cases by April
or gender identity
appeals.
2011.
during the
consideration of their
claims.
5
Asylum
X
X
X
A consultation document
The policy statement
Contracts for these services
Operational
on the provision of future
must be targeted to
will include provisions to
Policy Unit
refugee integration
the right audience so ensure compliance with
services was published in
that the key
race, disability and gender
October 2006. Following
message does not
equality legislation and
the consultation process, a
get lost. The
performance against the
policy statement on the
statement should
contract wil be closely
provision of these services
also have a spot on
monitored.
will be published.
the website.
45
Asylum
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
6
Regional
X
Staff to ensure that asylum
Staff considering
Ongoing.
Directors
seekers are able to ask for
asylum claims must
assistance, and know that
identify any
interpretation facilities can
language barriers
be requested.
that might prevent
applicants from
understanding
proceedings or
being able to
present their case
ful y at an early
stage where
possible. (NB The
agency already does
this).
7
Regional
X
Staff to ensure that asylum
Staff considering
Efficacy of written and face-
Services
Directors
seekers are able to ask for
asylum claims must
to-face methods of
should be in
assistance, and know that
identify any disability
communication wil be
place to
particular needs can be
issues at an early
considered. (NB The
provide
indicated. It should be
stage (i.e. at the
agency already asks
appropriate
made clear that disclosure
screening stage)
applicants at the screening
assistance in
of disability wil not be a
where possible, e.g.
stage whether they have
individual
negative factor in the
questions of access,
any medical conditions, so
cases by April
consideration of cases.
or factors that might
some issues should be
2009.
prevent applicants
identified then).
from understanding
proceedings or
being able to
present their case
ful y.
46
Asylum
Item
Unit
R D G Action
Who wil be involved How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
8
Regional
X
Needs of asylum seekers
Allocation of
Contracts for these services
Ongoing.
Directors
with disabilities to be given
dispersal
will include provisions to
consideration in dispersal
accommodation wil
ensure compliance with
(al ocation of asylum
take account of any
disability equality legislation
seekers in accommodation
particular needs,
and performance against
around the country after
e.g. need for
the contract wil be closely
initial reception), to include
ground-floor
monitored.
consideration of dispersal
accommodation.
location and the suitability
The needs of asylum
of accommodation. Asylum
Dispersal wil be to
seekers with disabilities are
seekers to be given
an area where any
clearly taken into account
sufficient opportunity to
necessary treatment
when considering dispersal.
indicate their needs.
is available and wil
Policy Bul etins 82 and 85
only take place after
(which are on the website)
arrangements have
provide comprehensive
been made to
guidance.
transfer care.
9
Regional
X
Staff to ensure that asylum
Asylum applicants
The asylum instruction
Directors
seekers are able to ask for
must suffer no
‘Gender Issues in the
assistance, and know
disadvantage due to
Asylum Claim’ advises staff
gender-related needs can
any factors related
of the additional
be indicated.
to gender or gender
considerations decision-
identity during the
makers should have in mind
consideration of their when assessing claims for
claims.
asylum that could include
gender related issues, and
how to take gender issues
into account when looking
at the persecution
experienced and whether
47
there has been a failure of
state protection.
At screening stage it should
be identified whether an
applicant requires an
interpreter and/or a Case
Owner of a particular
gender. Any requests wil
be complied with where
possible.
The relevant asylum
instruction requires that an
applicant’s request for a
Case Owner (i.e. the
interviewer) of the same sex
should be accommodated
as far as operationally
possible.
10
Regional
X
Gender-related needs of
Allocation of
Contracts for these services
Ongoing.
Directors
asylum seekers to be given
dispersal
will include provisions to
consideration in dispersal,
accommodation wil
ensure compliance with
to include consideration of
be appropriate in
gender equality legislation
dispersal location and the
relation to gender,
and performance against
suitability of
taking into account
the contract wil be closely
accommodation. Asylum
al relevant
monitored.
seekers to be given
considerations.
sufficient opportunity to
indicate their needs.
Accommodation is
offered on a non-
choice basis but the
agency will make
every reasonable
48
effort to meet the
expressed needs of
al supported people
– as far as is
practicable –
working with the
voluntary sector and
other national and
local partners to do
this.
49
Enforcement
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
11
Regional
X
X
X
Staff to receive
The UK Border Agency will
Ongoing.
Directors
appropriate training in
monitor complaints and
dealing with disabled
legal actions alleging
people and with race-
unlawful discrimination
related and gender and
arising out of enforcement
gender identity-related
action.
issues during enforcement
operations.
12
Regional
X
X
X
Linguistic issues, disability
Every case should
Standards of approach to
Existing
Directors
and gender-related issues
be risk assessed.
be consistent.
procedures to
to be taken into account
be assessed
where practicable when
All enforcement
for relevance
failed asylum seekers and
operations to be
to race,
others are removed or
assessed for
disability and
during after-entry
potential community
gender
enforcement operations.
relations impact in
equality by
advance.
the end of
April 2011.
50
Managed Migration
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
13
Regional
X
X
X
Managed Migration staff to
All staff to ensure
PEOs will be constructed to
Ongoing.
Directors
receive appropriate
that UKBA services
specified standards.
training for consideration
are accessible to all,
of applications and, at
and that applicants
Standard equipment to be
Public Enquiry Offices
for Managed
made available at PEOs as
(PEOs), for face-to-face
Migration routes of
appropriate.
communication and for
entry experience no
awareness of hidden
disadvantage due to
disabilities.
any factors related
to colour, race,
nationality, ethnic or
national origins,
disability, gender or
gender identity, and
that any disclosure
of personal
information wil not
be a negative factor
in the consideration
of cases.
14
Regional
X
Ensuring that applicants
The UK Border Agency will
By April 2011.
Directors
for entry under routes of
provide appropriate and
managed migration are
reasonable assistance to
able to ask for appropriate
those who are unable to
assistance and in
present their case to its best
particular that they know
advantage due to language
translations of official
barriers.
material into the main
51
languages are available.
15
Regional
X
Ensuring that applicants
Efficacy of written and face-
Directors
for entry under routes of
to-face methods of
managed migration are
communication to be
able to ask for assistance
considered.
and in particular that they
know specific needs can
The UK Border Agency will
By April 2008.
be indicated; and making
provide appropriate and
clear that disclosure of
reasonable assistance to
disability wil not be a
those who are unable to
negative factor in the
present their case to its best
consideration of cases.
advantage by reason of
impairment.
16
Regional
X
Ensuring that applicants
By April 2010.
Directors
for entry under routes of
managed migration are
able to ask for appropriate
assistance.
17
Regional
X
X
X
Managed Migration staff
Directors
are aware of the need for
privacy in the handling of
records, e.g. in relation to
gender identity.
18
Regional
X
X
X
Consideration of whether
Statistical evidence to be
Directors
disadvantage due to
gathered to indicate where
language barriers or to
possible disadvantage
gender, gender identity or
occurs.
disability in the country of
origin when making an
application can be
mitigated by subsequent
procedures.
52
Detention Services
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
19
Detention
X
X
X
Detention Services staff to
Services
receive appropriate
training.
20
Detention
X
X
X
Particular needs of
Detention centres to be built
December
Services
detainees to be assessed
to specified standards.
2009.
before they enter
detention. Incoming
Standard equipment to be
detainees to go to an
made available at detention
appropriate location and to
centres as appropriate.
receive appropriate
facilities and support.
Disability policy of every site
to be regularly reviewed.
21
Detention
X
Specific policy for the
Services
treatment of gender
identity issues in detention
to be developed.
53
Resource management
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
22
Resource
X
X
X
Procurement strategies –
To ensure contracts
Contractors should be
Ongoing.
Management
contractors to be
are awarded after
monitored.
monitored.
economic and
commercial factors
are reviewed.
Conditions for
eligibility to be
conducted to ensure
the contractor has
not been subject to
formal investigations
by the Commission
for Equality and
Human Rights
(CEHR) on the
grounds of al eged
unlawful
discrimination in the
employment field.
Establishing whether
the contractor has
satisfactory Equal
Opportunities/
Equality & Diversity
policies and
procedures in place.
54
23
Security and
X
X
Security procedures to
SACU security
This wil ensure that
All security guards attend
Ongoing.
Anti-
ensure that, where
management to
the UKBA presents
relevant diversity courses
Corruption
practicable, disability and
ensure that all
a professional
as soon as they are next
Unit (SACU)
gender are taken into
reception and public
environment to all
available.
account.
door procedures and
staff and public
policies reflect
cal ers and respects
Managers to monitor posts/
diversity and
and understands
duties.
disability issues.
diversity issues.
Network groups will be
consulted.
24
Security
X
X
X
Security Guard Unit to
Training is in place to
The training will help
Network groups will be
Ongoing.
Guard Unit
receive appropriate
ensure that all staff
the security staff
consulted.
training for safety
receive adequate
when dealing with
procedures and incident
training in the
incidents to identify
control.
aspects of their role.
staff or public callers
who have problems
Recent courses have
with mobility or
been developed to
disabilities, i.e. when
aid the security
evacuating people
guards when dealing
from premises.
with incidents.
New procedures and
policies are currently
being updated.
55
Organisational Development and Human Resources
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
25
HR
X
X
X
All staff to be encouraged
EDSC Senior
The col ection of
The Adelphi self service
Ongoing
to provide their diversity
managers
robust data will
data IT system must be
With specific
data.
Regional Directors
enable proper
easily accessible by staff.
projects (eg
Staff Networks.
systematic analysis
targeted
in order to
exercises) to
understand the true
be
impact of our
undertaken as
policies across al
per progress.
diversity areas.
26
HR
X
X
X
Robust monitoring of all
EDSC Policy owners
Compliance with
*Implementation of HO/
Ongoing
HR policies and practices.
Regional Directors.
‘employment duty’.
UKBA approach – that
Proper
completion of data
Improvements
understanding of the
mandatory at certain
sought by
impact of UKBA
interventions – job or
November
policies.
training application. Proper
2008
systems for reporting the
fol owing *
data at al relevant
interventions must be in
place (Adelphi).
27
HR
X
X
X
Review of recruitment
ERG Senior
To ensure that the
Regional Directors wil
September
guidance.
Managers
guidance is ful y
undertake local recruitment
2008.
Regional Directors.
implemented,
using targeting advertising
matches operational
as necessary and wil
need whilst
continue with (and develop
providing fair
new) outreach programmes
opportunity for al .
and work placements –
especial y with minority
communities.
56
Organisational Development and Human Resources
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
28
HR
X
X
X
A system of ‘dip sampling’
ERG (Employee
To ensure no
July 2008 and
job adverts will be
Resourcing Group)
unnecessary criteria
ongoing.
developed.
EDSC (Equality and
are included and no
Diversity Strategic
likelihood of
Centre).
discrimination.
29
HR
X
Promotion of
The
EDSC
A positive
Gender identity issues to be
Ongoing.
Workplace and Gender
a:gender
contribution to
included in all aspects of
Reassignment: A Home
Senior Managers
ensuring that gender
policy development and
Office Guide for Staff and
Regional Directors
identity issues are
equality impact
Managers, and the
Diversity Managers.
embedded within
assessments.
associated recruitment
policies and
‘aide-memoire’.
procedures.
30
HR
X
X
X
The redeployment pool to
ERG
Analysis wil seek to
July 2008 and
be monitored for both the
EDSC.
ensure that
ongoing.
makeup of staff groups.
restructuring
exercises are
implemented fairly
with no adverse
impact on particular
groups and that all
staff are receiving
fair and appropriate
job offers.
57
Organisational Development and Human Resources
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
31
HR
X
X
X
A review of UKBA SCS
ERG
A strategy wil be
August 2008
recruitment will be
EDSC.
developed to ensure
and ongoing
undertaken.
that effective
review.
recruitment policies
are in place to help
address the issue of
under representation
that exists in UKBA
SCS.
32
HR
X
UKBA will ensure that the
EDSC
Commitment to
Ongoing –
commitments of Disability
HODS
ensuring that rights
publicity and
Symbol are fulfil ed and
Senior Managers
of disabled staff are
built into HR
deployed systematical y
Regional Directors
built into all aspects
policies eg
across al business areas.
Diversity Managers.
of policies
GIS.
throughout
employee life cycle
and the active
involvement of
disabled staff.
33
HR
X
X
X
Development of a Positive
EDSC
Targeted
The effective monitoring of
October 2008.
Action Strategy.
L&D
development
diversity stats (employment
HO col eagues
schemes for under
duty) wil inform the scope
Diversity Managers
represented/
of the strategy.
Staff Networks.
minority groups to
ensure fair
progression and
opportunities for al .
58
Organisational Development and Human Resources
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
34
HR
X
X
X
Development of diversity
EDSC
All UKBA staff wil
Commitment from al
May 2008
L&D strategy.
L&D
be made aware of
business areas to ensure
first
HO col eagues
their responsibilities
training is undertaken and
evaluation
Diversity Managers
within the legislation
discussed and evaluated.
October 2008.
Staff Networks.
and in particular
what the positive
duty to promote
means in practical
terms.
35
HR
X
X
X
Review of al UKBA L&D
L&D
Assurance that
October 2008.
to ensure accessibility to
HODS
learning and
al (particularly disabled
Diversity Managers.
development
staff and part time staff).
opportunities are
available and
accessible to al staff
as appropriate to
their business
objective and
personal
development.
36
HR
X
X
X
Review of existing equality
EDSC
The systematic
September
impact assessment
L&D
deployment of EIA in
2008 and
training and development
HO col eagues.
al policy
ongoing
of future approach.
development to
evaluation.
ensure no adverse
impact.
37
HR
X
X
X
Evaluation of new
L&D
Assurance that system
October 2008.
performance management
EDSC.
(including moderation)
system.
has been applied fairly
with no adverse
impact.
59
UKvisas
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
38
UKvisas
X
X
X
Entry clearance staff to
Professional
Ongoing.
receive appropriate
standards and
training for interviews and
cultural awareness
consideration of
is part of the
applications as part of their
induction course and
induction training.
is delivered to Entry
Clearance staff as
part of their
induction training
and is included in
the refresher training
delivered to entry
clearance staff
overseas.
39
UKvisas
X
X
X
Ensuring applicants for
UKvisas and
Visa Application
Wherever possible UKvisas
Ongoing.
entry clearance are able to
commercial partners.
Forms (VAF) are
and/ or the Commercial
ask for appropriate
only available in
Partners will provide
assistance; that
English – and must
appropriate and reasonable
translations of official
be completed in
assistance to those who are
material into the main
English. UKvisas
unable to present their case
languages are available;
has encouraged
due to language barriers or
that applicants know
Commercial
by reason of impairment or
particular needs can be
Partners to translate
factors related to gender.
indicated; and that
the guidance notes
disclosure of disability or
(these guidance
Trans applicants are told
gender identity will not be
notes feature each
disclosing trans needs wil
a negative factor in the
question on the VAF
not adversely affect their
consideration of cases.
as well as guidance
application.
to what is expected
in the answer).
60
40
UKvisas
X
X
X
UKvisas will audit and
This wil ensure that
Ongoing.
monitor customer
al issues are
complaints for any race,
flagged up to the
disability and gender
Directors of Visa
issues, and ensure that
Services for action
race, disability and gender
and subsequent
monitoring is included in
action wil be
customer surveys, after
monitored for
consultation with
compliance.
stakeholder groups.
At a future date to
be determined it is
proposed that
statistical data
around these issues
will be published on
UKvisas and/ or post
websites.
61
All Directorates and regions
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
41
The UK
X
X
X
To ensure monitoring of
Statistical and other
Measurement possibilities
December
Border
procedures for race,
evidence wil be
at key points within end-to-
2009 –
Agency
disability and gender
gathered as
end process to be defined
disability
Board
equality, after consultation
appropriate and
in line with key performance
with stakeholder groups.
analysed, and action
areas.
April 2010 –
taken on the results
gender
if needed.
April 2011 –
race.
42
UKBA
X
X
X
Continued work to embed
EDSC
Strategic aim 4
Ongoing.
the Home Office Three
Senior managers
specifical y address
Year Diversity Strategy
Regional Directors
the implementation
(five strategic aims) in all
Diversity managers.
of the three strand
aspects of UKBA
scheme and
business.
Regional Directors
and senior
managers wil report
progress on a
quarterly basis.
43
UKBA
X
Continued work with
Senior managers
Disability fora wil
August 2008
disability fora (customers
Diversity managers.
ensure the ongoing
and thereafter
and staff) to review
involvement of
half yearly.
disability progress of
disabled people in
action plan.
establishing priority
actions.
62
UKBA - transformation
Item
Unit
R D G Action
Who wil be involved
How the action helps Other considerations
Timeframe
meet the
requirements of the
equality duty
44
UKBA
X
X
X
To ensure a revision of
UKBA Senior
New business areas
From April
business priorities and
Directors.
assessed for impact/
2008 and
responsibilities are
relevant and
ongoing.
reflected in a revised
prioritised.
equality scheme.
45
UKBA
X
X
X
Revised scheme and
UKBA Senior
May 2009.
associated progress
Directors
reports published.
EDSC
Diversity Policy
Team.
63
UKBA RACE, DISABILITY AND GENDER EQUALITY SCHEMES –
PROGRESS UPDATE – April 2008
1. Introduction
From 1 April 2008, the Border and Immigration Agency, UKvisas and detection
work from HM Revenue and Customs transferred to the newly created UK
Border Agency.
As a Home Office agency we share the purpose of
‘Working together to protect
the public’. This emphasises the need to work better with all our partners,
including the police, intelligence agencies, local authorities, voluntary bodies,
other departments and other governments; and most important of all, we must
work with the public, devolving more decision making to a local level, so that
our services are responsive and accountable.
The Home Office objectives which wil achieve this purpose are:
• help people feel secure in their homes and local communities;
• cut crime, especially violent, drug and alcohol related crime;
• lead visible, responsive and accountable policing;
• support the efficient and effective delivery of justice;
• protect the public from terrorism;
• secure our borders and control migration for the benefit of our country;
• safeguard people’s identity and the privileges of citizenship.
UK Border Agency has particular responsibility to: secure our borders and
control migration for the benefit of our country.
We are determined to embed equality and diversity within all aspects of our
business as an employer, policy-maker and service provider. We are totally
committed to the Home Office Three year Diversity Strategy which was
launched by David Normington in May 2007. This has put in place an effective
64
framework which ensures that there is a consistent approach across
the Home
Office to delivering (and reporting on) the five aims:
• managers at all levels demonstrate effective leadership on equality and
diversity;
• potential of under-represented groups developed to create a
representative workforce at all levels;
• a working environment where staff respect and value each other’s
diversity;
• effective Home Office implementation of statutory obligations on equality
and diversity; and
• services delivered in a way that promote equality and respect diversity.
2. Current organisation
Since the launch of Border and Immigration Agency as a shadow agency in
April 2007, there have been major organisational structure changes aimed at
improving service delivery. The most significant of these was the creation of the
six operational regions: Scotland and Northern Ireland, North East, Yorkshire
and the Humber, North West, East & West Midlands and the East of England,
Wales and the South West and London and the South East.
Regional Directors are in post and have brought together in their geographical
area the work on asylum, managed migration and enforcement and
compliance. Their aims are to improve operational delivery and create a culture
of continuous improvement through engagement with local communities and
stakeholders.
A crucial part of embedding diversity policies and practices across the regions
has been the development of the Regional Equality and Diversity Action Group.
Each region has such a group who meet on a quarterly basis. The group is
chaired by the Regional Director with a membership of senior operational
managers, staff support networks, trade union officials, Equality and Diversity
Advisers, Senior Strategic Equality and Diversity Manager and the Regional
65
Diversity Manager. The latter are new appointments who with the Regional
Directors, have a key role to play in driving forward the agency’s equality and
diversity strategy. Each group has the freedom to develop its own precise
action plan in support of its business plan, but all work to the following broad
terms of reference:
1. To champion, communicate and promote policies, legislation and best
practice that wil contribute to the embedding of diversity and equality
across the Region.
2. To work in partnership with key internal and external stakeholders to
both commission and support a range of initiatives and programmes,
that wil progress the aims and objectives of the Home Office 3-Year
Diversity Strategy, UK Border Agency Equality Schemes and action
plans.
3. To lead on the monitoring and analysis of equality and diversity regional
activities and initiatives and report progress on a quarterly basis to the
UK Border Agency Equality and Diversity Strategic Centre (EDSC).
4. To analyse the equality and diversity results of regional staff surveys,
Investors in People findings and customer satisfaction surveys and put in
place effective and appropriate strategies and action plans.
A National Steering Group wil be set up shortly to manage national
governance; this group will consist of senior directors and managers
representative of UKBA Board.
The operational work of the regions is supported by strategic policy areas,
Border Control, UKvisas and the core functions of Resource Management and
Human Resources & Organisational Development.
66
3. UK Border Agency Race, Disability and Gender Equality Scheme
UKBA’s Three Strand Equality Scheme was made up of the original Race
Equality Scheme together with Disability (December 2006) and Gender (April
07). Al three were combined into a single publication in May 2007 but retained
separate associated action plans.
We have now taken the opportunity to review the whole publication, to update it
to reflect our current organisational and existing priorities. Clearly these wil
change as we become UKBA and have additional staffing (approximately)
5,000 and additional responsibilities. (See section 5 for further details).
We have also produced a single action plan (compliance with which piece of
legislation clearly annotated); we believe this to be the most effective method of
achieving real implementation, given that many actions support all three
strands, this also removes unnecessary duplication.
4. Progress
Progress against all three existing strands in shown here by means of particular
representative case studies across our business areas.
It should be noted that this reports progress for what was the Border and
Immigration Agency (BIA), which, together with UKvisas and Customs, became
the UK Border Agency on 1 April 2008.
67
Race – Community Engagement \ staff development
The Regional Equality and Diversity Action Group (REDAG) has
been promoting better understanding between Agency staff in the Sheffield
region and have taken their message of mutual respect out to the
community. Organising and promoting diversity events, presentations, and
training, the REDAG plays a key role in coordinating and sharing good
practice across the North East, Yorkshire and Humberside (NEYH) region.
One notable success has been REDAG’s work in partnership with the Race
and Faith sub group, The Network, and the Equality and Diversity Strategic
Centre. Responding to concerns in a survey of Black Minority and Ethnic
(BME) staff in Sheffield, the REDAG group set up a mentoring programme,
which they developed alongside Business and Education in South Yorkshire
and two local schools. BME Agency staff who take part in the programme
receive initial mentoring training before going on to share their skil s,
experience and advice with local secondary school students at both group
events and one-to-one sessions. Mentors are given the opportunity to
develop their communication skil s, increase their self awareness and gain a
great sense of satisfaction from helping and advising local people. For
students, the programme helps raise their personal aspirations, provides a
source of advice on their school career and personal issues, and equips
them with knowledge of a large organisation that is committed to equality
and diversity. In fact, several mentees wil spend their work placement with
the Agency this year. Those involved are currently working on plans to roll
the programme out across the entire NEYH region, and have the full support
of Chris Hudson who chairs the REDAG in his role as Regional Director:
‘
I want to share the real importance I attach to the work of the
REDAG. The work of the Race and Faith sub group is a good example of
how we are delivering Home Office values in a tangible way; it goes right to
the heart of our local community. There has been fantastic success in
Sheffield and we want to build on this success at a regional level. We have
a strong foundation to work from but there is a lot of hard work stil to do’
68
Disability – Operational Training \ Decision Making
Al New Asylum Model case owners receive disability awareness
training as part of their core training before appointment. Al interviews are
interpreter-assisted to ensure that an effective channel of communication
.
is available to the applicant at all times. Al interview rooms are accessible
and situated on the ground floor as well as having access to security staff.
Part of the interview process is to assure applicants that they
should inform the interviewing officer of any needs and that assistance wil
be provided or sought on their behalf. Interviewing officers also make it
clear that only information relevant to the claim wil be taken into account
and that all decision making wil be fully communicated in the decision
letter.
Where necessary, Immigration Agency staff, on advice received
from medical staff such as the Home Office Medical Adviser will request
accommodation to meet the particular needs of an applicant – ground floor
accommodation, etc. Target Providers are required to provide suitable
accommodation in accordance with the request made by BIA.
Race \ Disability – service delivery
Visa guidance is translated into local languages and visa
application forms are printed in large text for those with impaired vision.
Translators and customer assistants are available at the Visa Application
Centres.
Al strands – cultural competence
In the North West Region (NW) a programme of ‘Respect and
Values’ workshops have been designed. This programme commenced in
October 2007 and aims to have covered all staff by mid 08. These two
hour sessions include Home Office Values, inappropriate use of
language, ‘dos’ and ‘don’ts’ – cross cultural communication, bullying,
harassment, victimisation, discrimination, case studies, management and
staff responsibilities and Home Office Support Network information.
69
Gender – service delivery
The UK Border Agency has in place an Asylum Policy Instruction
(API),
Gender Issues in the Asylum Claim, which gives guidance on
considerations decision-makers should have in mind when assessing
claims for asylum that could include gender related issues.
The API acknowledges that many forms of gender-related harm are
serious enough to constitute persecution. It refers mainly to gender-related
issues as they affect women, though some aspects of the guidance wil
affect men, specifically those concerning sexual orientation and social
norms.
Reference to policy on gender is also provided in the API
Considering the Asylum Claim. These are documents which caseworkers
must take into account in cases where gender issues may have a bearing
on the claim. They are publicly available and have been published on the
agency’s website.
Staff training is designed to ensure the asylum process is as
accessible and sensitive to the needs of women as possible. Gender
issues are a component of the initial training received by asylum
caseworkers. The interview training they receive covers how to interview
women and men who have suffered torture and trauma.
Al strands – diversity training
UKBA has completed the necessary research and consultation in
order to develop a diversity learning and development strategy. This
strategy has developed a blended learning approach in order to provide a
good fit for operational needs, learning styles and value for money. Home
Office is included in this L&D strategy.
The approach is to use a variety of media, including elearning – to
address legislative and organisational commitment; DVD scenarios for use
by groups to discuss behavioural issues – including exclusion and
stereotyping; and the ongoing development of ensuring that equality and
diversity issues are mainstreamed in all operational and management
training.
The specific diversity learning and development products wil be
launched in May \ June 2008
70
Disability – reasonable adjustments
UKBA provides clear guidance re the provision of reasonable
adjustments at all stages of the employee lifecycle. This is a complex area
and EDSC continues to advise HR Business Partners and managers on
both the legislative requirement and UKBA’s commitment to the
recruitment, development and retention of disabled staff. In Midlands the
Regional Director has requested that anyone who has not yet had the
necessary work station assessment should make direct contact with her
so that she can personally intervene and oversee the process.
Gender – gender identity awareness
a:gender (the support network for staff in government departments
/ agencies who have changed or need to change permanently their
perceived gender, or who identify as intersex) have hosted awareness
events in London, Doncaster, Cardiff and Glasgow. These events have
been well attended by staff from various departments including UKBA – all
feedback has been consistently positive; staff have been provided with
real insights into the issues affecting trans people (staff and customers).
Disability – service delivery
The individual needs of applicants for asylum, particularly those
with care needs, are carefully considered before dispersal (the allocation
of asylum seekers in accommodation around the country after initial
reception). Accommodation providers are advised in advance of dispersal
that an asylum seeker has a pre-existing condition requiring registration
with a local GP.
Caseworkers advise providers of the impact on dispersal /
accommodation of an asylum seeker’s condition / disability, e.g. that an
asylum seeker needs to be located within easy access of a particular
hospital (without saying why), or stating that the asylum seeker must have
self contained accommodation, a personal fridge or downstairs
accommodation. If the asylum seeker has an obvious disability / il ness
that impacts on dispersal/accommodation the impact is brought to the
notice of the provider e.g. limited mobility or a wheelchair user.
71
Disability – service delivery
Border Control representatives and a Strategic Diversity Manager
attended a BAA Paralympic Workshop; the aim of the workshop was: ‘to provide
Paralympic Games stakeholders and business partners with invaluable insight
into Paralympian athletes’ travel experiences, sharing information, generating
ideas, and working towards delivery of a Seamless Transport Experience for the
Paralympic Games in 2012.’ A UKBA project team wil continue to work with
experts including disabled people as there wil be clear implications for Border
Control staff as large numbers of disabled people (participants and spectators)
enter the country. UKBA is committed to playing a full part in achieving the aim of
providing a Seamless Transport Experience for the Paralympic Games.
Gender – child care strategy
UKBA is currently in the final stages of developing its national childcare
strategy; this will seek to provide an equitable distribution of resources across
all business areas, which wil support our commitment to work life balance
and wil provide specific support for working parents.
Disability – service delivery
UKBA is ensuring that all Public Enquiry Offices (PEO) are
constructed to specified standards fully complying with disability
standards. The PEO in Croydon, for example, currently provides:
induction Loops at all desks for hearing impaired customers;
lifts;
accessible toilets;
wheelchair access;
counters on each floor that have been adapted for wheelchair users.
72
Al strands – procurement
Al companies who tender to UKBA for contracts \ work have to submit a
copy of their Equality and Diversity policy. It is checked for the following:
• that it contains a statement of the organisation’s commitment to
equality of opportunity (including the removal of physical barriers);
• evidence of a framework for securing change and an obligation on
employees to adhere to the policy;
• evidence of an Equality Plan;
• details of monitoring and review procedures including an indication of
regular monitoring; and
• an indication of consultation and communication to ensure that the
needs and requirements of disadvantaged groups are properly
represented.
We review the responses to the Pre-Qualifying Questionnaires (PQQs)
and ensure that we score against our requirements appropriately.
Race – staff awareness
UKBA ran many events to celebrate Black History Month, these
included:
In the NE where the Regional Equality & Diversity Team worked with
The Network to produce and promote a staff event held in Sheffield to
commemorate bicentenary of abolition of slavery. The guest speakers
included people from Sheffield Hallam University and the Human Trafficking
Unit, over 70 staff from Sheffield & Leeds attended.
Two senior strategic equality and diversity managers assisted The
Network in their support of the Civil Service Race Equality Network’s
(CSREN) event to commemorate the bicentenary of the Abolition of the
Slave Trade at which The Reverend Jesse Jackson, a former American
presidential candidate and renowned civil rights activist gave the keynote
speech.
.
73
Disability - staff awareness \ staff development
UKvisas’ staff are encouraged to attend fortnightly ‘Lunch & Learn’
sessions. These sessions are informal and aim to give staff the opportunity
to develop skil s that are both key to UKvisas, and transferable to future
postings in both the FCO and HO. A regular session has been basic
communication in British Sign Language
Al strands – the provision of staff diversity data
UKBA is aware that this is an area that needs significant attention in
order to comply with our ‘employment duty’. Recent activity has
concentrated on efforts to increase the diversity data held so that
meaningful analysis can be undertaken.
Al areas have highlighted the need for all staff to complete their
diversity data, including messages at team meetings and in Scotland and
Northern Ireland an email message to all staff.
Activities have included personal letters to UKBA SCS members and
Grade 6s for whom no data was held; this has resulted in the SCS data
increasing from 58.1% to 73% and the Grade 6 known data increasing from
69% to 86%. A joint HR director \ Staff Networks Global message has been
issued reminding all staff of the importance of recording their diversity data
so that all internal policies can be monitored to ensure no adverse impact on
any particular group
Al strands – Equality Impact Assessment
Approximately 210 UKBA staff have been trained to undertake
equality impact assessments. Assessments covering all strands have been
undertaken across a range of policies, including Safe Third Country
Provisions, Asylum Seekers’ Support, Prevention of il egal working and
internal HR policies.
74
Race – Community Engagement \ staff development
The North West Equality & Diversity Team recently held an event in
conjunction with The Network, highlighting how Race Equality has been
addressed within football -
The Kick It Out and Show Racism the Red
Card. 100 staff attended.
UKBA North West Regional Director, Gil Mortlock, spoke to give her
support to the event and its aims as well as to show her commitment to
building an environment where all staff value and respect each other.
Events included a talk by Piara Power, the Director of the ‘Kick it Out’
campaign, on how they work throughout the football, educational and
community sectors to challenge racism and work for positive change. This
was followed by a presentation from the ‘Show Racism the Red Card’
organisation about its work involving minority ethnic groups, community
organisations, all of the professional clubs, football fans, schools and young
people nationwide. Both gave a real insight into the strides being made
nationally and also the work they are doing internationally to combat racism
within football, with backing from the likes of Samuel Eto, of Barcelona.
The panel question and answer session, saw all of the speakers,
joined by Howard Gayle, the first black player ever to play for Liverpool and
famous for his cameo role in the 1981 European Cup Semi-Final second leg
versus Bayern Munich. This was the highlight of the event with members of
the audience asking informed questions to the panel and the ex footballers
in particular revelling in providing anecdotes from their playing days.
Gender - service delivery
UKBA (within Home Office) is a member Opportunity Now, a business led
organisation which works to highlight the business benefits of gender
equality in both the public and private sectors. We were awarded the
Platinum award (top) by Opportunity Now in 2006 for our policies and
practices in relation to the promotion of gender equality. We are also
participating in cross Whitehall project researching the benefits of women’s
networks in the public sector.
75
5. Future approach - UKBA
UKBA is in the process of setting up a new governance structure to give us
coherent oversight of the entire organisation, and ensure that we don’t lose
focus on our wider responsibilities within government to contribute to all the
Public Service Agreements - and in particular to ensure that revenue protection
is maintained and enhanced.
Building upon the success of the regionalisation programme, we want to
continue to break down the “silo” working. We also want to have structures that
provide clear lines of responsibility for delivery. To achieve this, we wil re-
organise ourselves into three unified operations:
• The new border force
• International work
• Immigration work
These unified operations wil be supported by our corporate functions and by
both an Intelligence Directorate and an Enforcement Directorate that can
provide support for the whole business.
We wil continue to revise our three strand scheme to assess and incorporate
our new business responsibilities and priorities; we wil assimilate all the new
staff and ensure that our HR policies reflect al our business priorities and
equality and diversity commitments.
Due to our rapidly changing business and organisation we wil review the entire
three strand scheme in April 2009 (incorporating as necessary any new equality
legislation.)
76
