9.8.1 The CSO PHSO team will acknowledge and allocate the case to the contact within the relevant business area copying in the relevant Director and the appropriate Responder Hub within two working days of receipt.
9.8.2 The business area should draft a reply to PHSO’s enquiry ensuring that the draft reply covers the following:
Chronology:
The PHSO usually asks for a full chronology of the customer’s immigration history and the Immigration Enforcement, UK Visas & Immigration/Border Force’s dealings with them. Even if a chronology has not been requested it is good practice to provide one as it will enable the complaint to be put in context, establish why certain actions were taken, and reach a balanced conclusion about the Immigration Enforcement, UK Visas & Immigration’s or Border Force’s role in events.
Answer all questions fully:
Be objective even if it does not reflect well on Immigration Enforcement, UK Visas & Immigration or Border Force. In some cases it will not be possible to fully explain why an error was made or why a particular course of action was taken (for example when a file contains inadequate or incomplete minutes). If it is not possible to fully explain the actions of Immigration Enforcement, UK Visas & Immigration or Border Force staff, this should be honestly stated.
Identify whether correct procedures have been followed:
It is good practice to set out any actions taken against the policies or procedures that were in place at the time. If the response states that a particular course of action was taken because of a policy that was in place at the time the PHSO should be provided with a copy of that policy. An explanation should always be given as to whether the correct actions were taken.
Explain delays:
Full explanations of any delays that have occurred in cases should be provided. If cases have been caught up in any backlogs then a full explanation should be given of how and when these backlogs formed; how many cases are caught up in the backlog; what steps are being taken or have been taken to address the situation; what has been done to inform applicants of the situation (e.g. notices put on website, Contact Centres being informed so they can inform applicants when contacted, informing applicants when they write in); and if there are any timescales in place for the backlog to be cleared.
Be consistent:
Responses to the PHSO should be consistent. Many PHSO complaints involve the same issues, such as delay. If lines taken in previous cases relating to similar, or the same, are to be reiterated, checks should be made to ensure they are still relevant and accurate.
Remedies:
o If Immigration Enforcement, UK Visas & Immigration or Border Force accepts that a customer has suffered as a result of its maladministration a remedy should be offered in the response to the customer (e.g. if a customer has been unable to claim benefits because documents confirming a grant of Indefinite Leave to Remain (ILR) were not served, the Department for Work and Pensions should be contacted and asked to consider making a payment for backdated benefits.)
o Consider if a consolatory payment is appropriate even if the PHSO has not
specifically asked for it. Guidance on consolatory payments can be found in section 12in particular section 12.5.
o Was the correct decision on the case made (e.g. was someone granted discretionary leave but actually, upon review, should have been granted ILR)?
9.8.3 The business area or relevant Responder Hub as appropriate should return the draft reply and the customer’s files to CSO PHSO team, within one week of the case being received by Immigration Enforcement, UK Visa & Immigration or Border Force. The PHSO team will quality assure the draft and send the final reply to the PHSO.
9.8.4 When the PHSO has considered our response it may have further questions. If this is the case, the investigator will email these to the CSO PHSO team and, will usually, specify when a response is required. The CSO PHSO team will acknowledge receipt and forward the
questions to the relevant business area or Responder Hub as appropriate within two working days and agree a deadline for when the response needs to be provided. The business area or Responder Hub as appropriate is responsible for returning the response to the CSO PHSO team, within the agreed deadline, who will in turn submit it to the PHSO.
9.8.5 When PHSO has considered the full response it will send the relevant principal officer, copied to the CSO PHSO team, their draft report of their findings by email and ask for
comments, usually within two weeks. The CSO PHSO team will acknowledge receipt of the report and forward it to the relevant business area or Responder Hub as appropriate within two working days of receipt agreeing a timeframe for comments to be returned, usually within one week. A copy of the draft report will also be copied to the relevant Director. The business area or Responder Hub as appropriate is responsible for returning the comments to the CSO PHSO team, within the agreed deadline, who will in turn submit them to the PHSO.
9.8.6 The business area should pay particular attention to the following:
That the PHSO has interpreted the Immigration Enforcement, UK Visas & Immigration/Border Force’s response correctly.
That the dates referred to in the report are accurate.
That any legislation, immigration rules, casework guidance, Immigration Directorate Instructions referred to in the report have been correctly interpreted
That any recommendations made by the PHSO e.g. an apology letter, redress issues, reviewing decisions, reviewing guidance can be dealt with within the timescale set down by the PHSO. If not an explanation will need to be given and a new timescale suggested. 9.8.7 When the PHSO has considered the comments it will send the relevant principal officer, copied to the CSO PHSO team, a copy of its final report by email. CSO PHSO team will acknowledge receipt of the report and forward it to the relevant business area or Responder Hub as appropriate within two working days of receipt. The CSO PHSO team will also send a copy to the relevant Director.
9.8.8 If Immigration Enforcement, UK Visas & Immigration or Border Force accepts that the customer suffered an injustice arising from maladministration the CSO PHSO team, will liaise with the business area with their response to the customer. The letter should identify any errors, offer an apology and explanations and, where appropriate, offer the customer the agreed
financial redress. In cases where financial redress is offered the PHSO will confirm whether it is accepted by the customer and will obtain payment details. The PHSO team, CSO will liaise with the business area or Responder Hub as appropriate to ensure payment is made within agreed timescales.
The CSO PHSO team will also liaise with business areas to ensure other recommendations e.g policy changes are considered as appropriate
9.8.9 The CSO PHSO team will be responsible for ensuring that all recommendations made by the PHSO in its final reports are taken forward and will provide evidence to the PHSO that the recommendations have been complied with.
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