'An inspection of the Border Force operation to deter and detect clandestine entrants to the UK': A closer look

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'An inspection of the Border Force operation to deter and detect clandestine entrants to the UK': A closer look

Report summary

The Independent Chief Inspectors of Borders and Immigration (ICIBI) inspection has shown that the threat of clandestine entry at the ports remains high and is unrelenting, both from organised crime and from opportunistic jump-ups. Border Force resources and capabilities are stretched, and its operations and those of its security contractors are closely monitored by migrants and by smuggling gangs to identify and be ready to exploit any weaknesses.

The report examined the Border Force operation to deter and detect clandestine entrants at the controls in Calais, Coquelles, and Dunkerque. In addition, the report examined the Clandestine Entrant Civil Penalty Scheme (CECPS) and the Civil Penalty Accreditation Scheme (CPAS). Focusing on the effectiveness of key areas including resources, technology and stakeholder collaboration with transport operators, contractors and the French authorities at the juxtaposed controls.

The report found that strengthening physical security at the ports has been key to deterring and detecting clandestine entrants. The multiple layers of fencing around the perimeters of the ports and the use of technology, such as drones to monitor the perimeter, have further increased port security and reduced the risk of incursions by migrants. Although the inspection found there to be a significant improvement in resources and technology, there were still several areas where officers and detection capabilities were not being used as efficiently and effectively as possible.

Inspectors examined the nature and extent of Border Force engagement with stakeholders at the juxtaposed controls, including port and transport operators, contractors, French law enforcement, and government stakeholders. The report highlighted the importance of stakeholder engagement and collaboration, which provides opportunities for all parties to exchange information, discuss trends and clandestine attempts to enter the UK and to resolve problems regarding port security and infrastructure and allow parties to highlight any upcoming issues.

The report examined the CECPS and highlighted that the aim of the scheme is to incentivise vehicle owners, drivers, hirers and operators to secure their vehicles to prevent unauthorised access by clandestine entrants. Although improvements need to be made, since the beginning of 2022, the CECPS has recovered over £10 million, with another £26 million still to be recovered, with some of these penalties not recoverable. This reinforces the need for operators to maintain robust vehicle security checks and protocols to reduce the risk of penalties.

In addition, operators can apply for the Civil Penalty Accreditation Scheme. The scheme is open to all hauliers and coach companies and recognises hauliers who take measures to operate an effective system for securing goods vehicles and for preventing carriage of clandestine entrants. It also recognises those coach companies that run an effective system in the prevention of clandestine entrants. A member of the scheme receives a 50% discount on the maximum penalty starting point for each offence.

Border Force informed inspectors that appeals work had ‘’grown massively’’ since the change in legislation from 30 appeals a year to 111 live appeal cases. The increase was due to the introduction of higher penalties in February 2023 and the narrowing of defences against the imposition of a penalty.

Recommendations

The report identified areas of improvement and made seven recommendations, which include:

  • Recommendation 1: Designate a Home Office-wide ‘owner’ for clandestine entry.
  • Recommendation 2: Review the range of analyses, assessments and intelligence products dealing with clandestine entry and check that these support strategic and tactical decision making with the end user.
  • Recommendation 3: Overhaul training provision for frontline Border Force officers at the juxtaposed ports to ensure that they are as far as possible multi-functional and can be deployed flexibly.
  • Recommendation 4: Install an automatic number plate recognition (ANPR) system linking the juxtaposed controls at Calais, Coquelles and Dunkerque.
  • Recommendation 5: Within three months of the introduction of the new Integrated Platform Management (IPM) system, conduct a root-and-branch review of the Clandestine Entrant Civil Penalty Team (CECPT) working practices and processes to eliminate duplication and maximise efficiencies, with a view to re-setting staffing levels and revising structures so that the CECPT is sufficiently resourced to manage all of its functions concurrently, consistently, within deadlines and to an acceptable standard.
  • Recommendation 6: Produce and publish an ‘engagement plan’ for industry stakeholders, which includes seeking regular feedback about the impacts that the Clandestine Entrant Civil Penalty Scheme (CECPS) is having on drivers, owners, and hirers of vehicles, and starting with ‘quick wins.’
  • Recommendation 7: Produce and publish an annual report on how the CECPS is working, informed by the feedback received from drivers, owners, and hirers of vehicles (not limited to industry stakeholders).

The Border Force Inspection Report 2025:

An inspection of the Border Force operation to deter and detect clandestine entrants to the UK

Home Office response to ICIBI’s report:

https://www.gov.uk/government/publications/response-to-an-inspection-report-on-clandestine-entrants-to-the-uk/home-office-response-to-the-icbis-report-an-inspection-of-the-border-force-operation-to-deter-and-detect-clandestine-entrants-to-the-uk

Talk to us

JMW Solicitors regularly represent haulage and coach operators who are facing civil penalties for clandestine entrants being found within their vehicles. The importance of tactics, either at the objection or the appeal stage, can be critical to a successful reduction or even cancellation of the penalty.

If you need assistance with the review of a clandestine entrant's civil penalty, please call 0345 872 6666, or fill in our online enquiry form.

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