The man asked over and over again, “do you want to see it?” Before I could say, “That isn’t needed,” the man lifted his shirt, showing me an ugly scar from what he claimed was an AK-47 bullet wound.
Reflecting back as with many asylum claimants interviewed by decision-makers at the Home Office, it was evident that something had hurt him, but it wasn’t possible to determine what had done the damage. The man sat, shaking, and told me that he was terrified to ever go back and risk facing the men who he alleged had attacked him and killed his family members. It would be necessary to assess the rest of his story to make a decision.Evaluating
the applications of asylum seekers means sifting each day through human
suffering. The Home Office does this to determine whether claimants can stay in
the UK or will be forced to return to their country of origin and potentially
be thrown into unimaginable hardship. During my recent time as a
decision-maker, my colleagues and I were subjected to unreasonable management
pressures that made it increasingly difficult for staff to consistently uphold
their duty of care to claimants or make correct decisions in asylum cases. This
led to an exhausted and demoralised workforce – one likely to make mistakes.
While
interviewing claimants, we heard about every kind of atrocity imaginable. At
the decision stage, we had the task of picking through mountains of complex and
arcane case law and guidance. Home Office asylum decision-makers are at the
same level within the civil service as Department for Work and Pensions
officers with the job of sanctioning universal credit claimants. They require
no formal legal education beyond training received on the job. In our first few
weeks, our trainers told us matter-of-factly, we would be expected to produce
more refusals than grants: one of the criteria on which managers would judge
our success.
Compounding
these challenges were internal targets incentivising staff to produce ever
higher volumes of decisions, leading to decision-makers sacrificing quality and
failing to protect vulnerable clients. Our regular target was between four and
five “events” a week; an event could be an interview, or an approval or refusal
letter. Management pushed us to exceed those targets. One such example was a
message telling staff – who were working overtime to get through the enormous
backlog of cases – that they would be expected to produce at least a whole decision
letter by the end of the day.
In n the
case of refusals, decisions often ran upwards of 5,000 words. Asking people to
put together what amounts to a detailed legal argument combined with a
biography, often involving contextualising and referencing dozens of sources,
while paying attention to the client’s other needs in a single working day is
asking for trouble.
Often
colleagues simply discarded tricky cases: if a decision-maker was overloaded
already, they would put their surplus case files back into the case hold (known
as the “pile”). This sometimes occurred when colleagues were not confident in
the quality of their interviews, where the “material facts” – the key details
of the claimant’s account – had not been correctly questioned. Another officer
would eventually be assigned, but in the meantime the claimant would be left in
limbo. Safeguarding forms, intended to ensure that risks to clients and their
dependents – such as suicidal thinking or other mental or physical health
problems – are identified and addressed, were sometimes left without being
updated.
The lack
of accountability meant that decision letters could be sent to claimants
containing severe mistakes, including clear factual errors. I saw letters with
obviously pasted-in case law specific to entirely different countries than the
claimant’s. I read incorrect references or just plain wrong arguments
justifying refusals, such as citations of outdated policy documents. I can only
imagine the anger and confusion felt by claimants and families, finding out
that a decision that determined their future, and had been signed “on behalf of
the home secretary” could contain such inaccuracies. These failures go some way
towards explaining the Home Office’s abysmal record at defending its own
decisions: its success rate is barely 40%.
Covid
brought further stresses. When managers introduced online asylum interviews,
colleagues complained they could not hear claimants clearly; this remained
unresolved for weeks. The piles of folders, each representing a claimant,
needed to be scanned and digitised to enable homeworking. Hundreds of case
files were mislabelled or couldn’t be opened; correcting clerical mistakes
could take days. The breaks in work on cases, both before and during Covid,
combined with claims being passed between decision-makers with incomplete
casework, created the conditions for safeguarding failures.
The
current indifference to suffering demonstrated by the Home Office is, I
believe, a direct symptom of both monstrously negligent failures of ministerial
leadership and a lack of concern from society at large. Our office intranet was
plastered with departmental propaganda featuring our minister, Priti Patel,
grinning next to Home Office employees, supposedly enacting the “People’s
Priorities” – priorities that apparently did not include access to adequate
housing, or addressing the internment camp conditions at the Napier and Penally
barracks, or responding adequately to the rash of suicides among asylum
seekers.
The Home
Office says: “We absolutely reject the suggestion that we are failing to
protect vulnerable asylum seekers. All asylum cases are assessed on a case by
case basis – high standards are incredibly important and all new decision
makers have 100% of their decisions checked until they are deemed fully
effective – and we continue to randomly sample a percentage of all decisions to
ensure standards are maintained.” It also says that all asylum decision-makers
receive safeguarding training, and that safeguarding concerns are assessed appropriately.
But from
what I’ve seen, the asylum system needs profound reform, ensuring a consistent
and fair service where the safety of asylum seekers is seen as a paramount
moral obligation. This requires considerable extra investment.
A good
start would be more decision-making staff, improved training, a different
system of targets and, above all, a thoroughly enforced system of
accountability. Tragically, I see no chance of these real priorities being
followed through by the current government, which is more interested in
pandering to anti-refugee hostility than providing people with the service they
need.
Anonymous
Home Office Worker
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