LGBTI ACTION PLAN 2015-16 : Graham Ralph, Deputy Director - Asylum Operations Issued 26 January 2016 Asylum Policy. Page 1
Asylum instruction: Sexual identity issues in the asylum claim 1 Review the Sexual Identity Issues in the Asylum Claim Asylum Instruction and consider aligning more closely to the UNHCR s Sexual Orientation and/or Gender Identity (SOGI) guidance. Karen Gallagher Asylum Policy, IBPD. October 2015 February 2016 UNHCR have been consulted re SOGI guidance and AI reviewed in line. Publication of revised AI. Issued 26 January 2016 Asylum Policy. Page 2
Asylum instruction: Gender identity issues in the asylum claim 2 Review and update the Gender Identity Issues in the Asylum Claim Asylum Instruction. Karen Gallagher Asylum Policy, IBPD. January 2016 March 2016 May 2016 We are currently reviewing this instruction. Initial consultation has taken place with Spectrum, a:gender and HMPO. We will take account of the government s response to the recommendations from the House of Commons Women s and Equality Committee Inquiry on Transgender Equality. Consultation will take place with corporate partners ahead of redrafting the AI. Plan to support publication with tailored comms and awareness raising with SCW, screening units, PO etc. Issued 26 January 2016 Asylum Policy. Page 3
Foundation training programme s Timescales 3 Following Partner consultation, review and update the training materials on the Foundation Training Programme to new caseworkers relating to sexual identity to: (i) raise awareness of LGB issues, including issues of terminology, (ii) consider the scope for further improvements within training materials, (iii) provide greater detail and clarity on the Difference, Stigma, Shame and Harm (DSSH) model, (iv) ensure alignment with (i) Anna Downing Asylum Learning & Development Team, Asylum Operations UK Visas and Immigration (ii) Julian Smith Assistant Director Appeals, Litigation and Subject Access Requests Directorate (ALS) September 2015 January 2016 Ongoing Ongoing S.Chelvan of No 5 Chambers, delivered a workshop on the DSSH model on 11 September 2015 for senior case workers, technical specialists and trainers. The foundation training programme is aligned and compliant with current UK and EU legislative frameworks. Training materials are currently being updated and will be concluded following delivery of pre-scheduled FTP courses timetabled throughout 2016 (due to recruitment of further decision makers, 2016 FTP courses will be on-going all year from mid March). The LGB element of the programme is up-to-date with current guidance and policy, including explicit Issued 26 January 2016 Asylum Policy. Page 4
EU case-law and Home Office policy Ongoing references to DSSH and European case law. Transgender and Intersex issues are referenced within training materials to increase general awareness. Resources have not allowed for specific training modules to have been developed and there are no current plans at this time, to produce or deliver Transgender and or Intersex training. Issued 26 January 2016 Asylum Policy. Page 5
Sexual identity refresher training 4 (i) Following consultation with Partners, prepare and design sexual identity refresher training material (ii) Deliver sexual identity refresh training workshops for caseworkers and screening staff to reinforce policy guidance including; fact gathering at interview, the handling of sexually explicit information provided by applicants, consideration of credibility and material facts and provide information on the DSSH model. Anna Downing Asylum Learning & Development Team, UK Visas and Immigration Anna Downing Asylum Learning & Development Team, UK Visas and Immigration (i) Training material consultation, preparation and UKVI sign-off: February 2016 (ii) Refresher training: Commence roll out February 2016 Following a planned review of case study and interview material, and policy instruction review, the refresher training material is scheduled for sign off in February in line with republication of the Sexual Identity Asylum Instruction. The material will be signed off by IBPD. Following sign off, material will be adapted for a screening context. Planned sessions will cover 2 hours in duration and will focus on the changes within the asylum instruction with specific reference to stereotyping, sexually explicit questioning and information relating to the DSSH model as reflected in the last CREDO report. The LGB refresher training will be prioritised following conclusion of Issued 26 January 2016 Asylum Policy. Page 6
(iii) Prepare and issue tailored communications to screening officers regarding the use of appropriate questions by screening officers when dealing with an LGBTI asylum claim. Karen Gallagher Asylum Policy, IBPD. (iii) February 2016 Foundation training. Training to DAC is planned for mid February. Training roll out is planned for February 2016; Conclusion of training to DMs in asylum will take several months. Training to Presenting Officers will commence alongside or shortly after ACD. Transgender and Intersex issues have been referenced but not included in the refresher training this will be addressed in an updated iteration of this course. Workshop materials will be adapted for screening staff once they have been signed off. Following sign-off, tailored communications will be issued in tandem with adapted training material to screening teams. Areas being considered include: questions regarding their sexual identity, general awareness, not accepting sexually explicit material. Issued 26 January 2016 Asylum Policy. Page 7
Recording and flagging of LGB asylum claims on caseworking information databases 5 Ensure consistent recording and flagging on the caseworking information database of all asylum claims in which the basis or part-basis of claim is LGB related. Tom Carlton Chief Caseworker Asylum Operations January 2016. Work to improve the quality and consistency of data capture is ongoing. An internal audit exercise using MI data, local records and CID data and covering initial asylum claims from May Oct 2015 was completed by the end of 2015 which indicated improving rates of compliance in both activating the CID special conditions flag and with existing checking regimes. Monthly MI reports are being collated and tracked to provide up to date pictures on progression towards all cases being recorded appropriately. Comms has been issued to operational managers from asylum leads to ensure all LGB cases are submitted to managers for SPOE compliance checking and special Issued 26 January 2016 Asylum Policy. Page 8
conditions flag activation. This continues to be closely monitored to support work being undertaken by colleagues in Migration Statistics. Once data is of an acceptable standard and subject to Ministerial approval, it will be published. Analysis of DFT LGBTI Appeal Rates 6 Conduct an analysis of a dip sample of DFT allowed LGBTI appeal decisions covering a three-month period and comparing with non-lgbti DFT appeal allowed cases. Dan Smith Detained Asylum Casework February 2016 A sample of 119 DFT allowed appeal decision cases, covering Jan-June 2015 has been analysed with results showing an allowed appeal rate for LGB cases of 25% and for non LGB cases, 12%. Analysing against individual IAC determinations showed the IJ found the appellant s claim to fear Issued 26 January 2016 Asylum Policy. Page 9
persecution on the basis of their sexual identity, credible and in some cases further evidence was produced or witnesses attended court, who were found to corroborate the claim. We recognise that IJ s can come to a different view to caseworkers - we expect to see this where decisions are based on primarily on credibility, but we aren t complacent on this issue hence our commitment and drive to improve our handling of sexual identity asylum claims through the action plan. A robust checking regime is maintained, ensuring that every LGB decision is scrutinised, either by SCWs and guidance is followed on interviewing these claims. We are prioritising refresher LGB training for DAC caseworkers. See comparison data as per attached Annex. Issued 26 January 2016 Asylum Policy. Page 10
Appeal outcomes: Communication and feedback to case workers (Non Detained casework) 7a Improve the feedback loop to caseworkers and their managers regarding results of appeal outcomes. Tom Carlton Asylum Operations (Non Detained) September 2015 Completed This is now BAU, ensuring an effective feedback loop. Appeal outcomes: Communication and feedback to case workers (Detained Asylum Casework (DAC)) 7b Improve the feedback loop to DAC caseworkers and their managers regarding results of appeal outcomes. Dan Smith Detained Asylum Casework September 2015 Completed DAC are now tracking allowed appeals outcomes in LGB claims to ensure an effective feedback loop. Issued 26 January 2016 Asylum Policy. Page 11
Detention Service Order (DSO) Handling complaints in immigration removal centers 8 Contribute to a review of the Detention Service Order (DSO) Handling of complaints in Immigration Removal Centres, Short Term Holding Facilities and residential Short term Holding Facilities, pre-departure accommodation and during escort to ensure effective access to all mechanisms and associated remedies for all detainees including LGB detainees. Sally Edmunds Returns Directorate Head of Risk, Compliance and Operational Guidance Returns Directorate Immigration Enforcement September 2015 Completed The Detention Service Order (DSO) on complaints procedures (03/2013) has recently been reviewed and revised. Targeted consultation on the revised draft took place with internal business units and external groups including the Prison and Probation Ombudsman, HM Inspectorate of Prisons, Independent Monitoring Boards and third sector organisations represented on the NASF detention sub group. NHS England were also fully involved in the redrafting. The DSO has been reissued as DSO 03/2015 (August 2015). Amendments relate mainly to new processes for the handling of complaints about healthcare, Issued 26 January 2016 Asylum Policy. Page 12
following the transfer of commissioning responsibility for healthcare in detention facilities in England to the NHS, and to align with central (IE, UKVI and BF) guidance on complaint handling. The revised DSO and annexes have been published on gov.uk at: https://www.gov.uk/government/publi cations/handling-complaints-inimmigration-removal-centres Issued 26 January 2016 Asylum Policy. Page 13
Annex: Allowed Appeal Rates Summary data: Allowed appeals across detained / non-detained environments DFT Allowed appeals (LGB) Non DFT Allowed appeals (LGB) DFT Allowed appeals (Non LGB) Non DFT Allowed appeals (Non LGB) Sample from 2014 ICI Report (32 cases) DFT Dip Sample* 28% 25% 22% 11% 12% 29% * The DFT dip-sample exercise covered 60 LGB and 59 non-lgb cases from the period January-June 2015, selecting the first 10 LGB and non LGB (DFT/DAC) claims for each month. NB. All figures are based on management information. This information has not been quality assured under National Statistics protocols, is subject to change and should be treated as provisional. Issued 26 January 2016 Asylum Policy. Page 14