Caseworker Guidance
Powers and operational procedure: caseworker guidance
gov.uk change note: Added the PDF version of Irregular or unlawful entry and arrival.
Headline
Multiple Home Office immigration policy tables reformatted from plain text to HTML table structure, with no substantive policy changes.
Changes in detail
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Immigration offences tables (multiple sections) — All tables listing immigration offences, their legal sections, and penalties have been reformatted from plain text format to HTML table structure. The content remains identical but is now formatted with proper table markup using
<table>,<tr>, and<td>tags. -
Enforcement procedure tables — Tables covering powers of arrest, detention authorities, and procedural guidance have been converted from text format to HTML table format, maintaining all original content.
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Section reference "liaise with airport managers" — Minor formatting change where a bullet point was moved from a plain list to a structured format, but the requirement remains unchanged.
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Operation Gull authority text — Small textual update: "engage with the devolved administrations and relevant local law enforcement agencies" changed to "engage with the devolved legislature and other law enforcement agencies in Northern Ireland" to be more specific to Northern Ireland context.
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Notice to Occupier text — Removed trailing colon from "before the search:" to "before the search" in the section about obtaining written consent.
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Bullet point formatting in operational procedures — Reformatted two bullet points about delaying visits and evidence destruction from nested structure to standard bullet format, with no change to content.
Practical implications
No action required by practitioners. These are purely formatting changes that convert tables from text format to proper HTML markup. The legal requirements, offence definitions, penalties, and operational procedures remain exactly the same. Cases currently being handled under any of the referenced provisions are unaffected.
Administrative changes
The entire diff consists of formatting changes to convert multiple tables from plain text to HTML table structure. No substantive legal content, procedures, penalties, or requirements have been altered. The official change note confirms this was simply "Added the PDF version of Irregular or unlawful entry and arrival" which appears to relate to formatting standardisation across document formats.
Diff
@@ -4146,98 +4146,121 @@ - Section and Act - Offence - - - - - 24(A1) IA1971 - Knowingly entering the UK in breach of a deportation order - - - 24(B1) IA 1971 - Knowingly entering the UK without leave to enter - - - 24(C1) IA 1971 - Knowingly remaining in the UK beyond limited leave - - - 24(D1) IA 1971 - Knowingly arrives in the UK without valid entry clearance - - - 24(E1) IA 1971 - Knowingly arrives in the UK without an ETA. Note: for information only. Prospective offence not yet in force. - - - 24(1)(c) IA 1971 - Crew member remaining in the UK without leave - - - 24(1)(f) IA 1971 - Disembarks in the UK from a ship or aircraft after being placed on board with a view to removal - - - 24(1)(g) IA 1971 - Embarks in contravention of a restriction imposed by Counsel under section 3(7) of this Act - - - 24(1)(h) IA 1971 - Without reasonable excuse, breaches a bail condition imposed under Schedule 10 to the IA16 - - - 24A IA 1971 - Obtaining or seeking to obtain leave by deception - - - 24B IA 1971 - Working whilst disqualified - - - 25 IA 1971 - Assisting unlawful immigration to the UK - - - 25A IA 1971 - Knowingly facilitating the attempted or actual entry or arrival of an asylum seeker to the UK - - - 26(1)(g) IA 1971 - Obstructing an IO or other person lawfully acting in the execution of the IA71 - - - 26A IA 1971 - Fraudulent use of a registration card - - - 26B IA 1971 - Possession of immigration stamps - - - 453C POCA 2002 - Obstructing an IO who is exercising a power of seizure under this Act - - - 2 AI (Treatment of Claimants) Act 2004 - Entering the UK without a passport - - - 35 AI (Treatment of Claimants) Act 2004 - Failure to cooperate with the documentation process - - - 21 IAN Act 2006 - Employing a person disqualified from working - - - 33A IA 2016 - Landlord renting premises to a disqualified person - - - 33B IA 2016 - Agent renting premises to a disqualified person +| + | Section and Act + | Offence + + + + +| + | 24(A1) IA1971 + | Knowingly entering the UK in breach of a deportation order + + +| + | 24(B1) IA 1971 + | Knowingly entering the UK without leave to enter + + +| + | 24(C1) IA 1971 + | Knowingly remaining in the UK beyond limited leave + + +| + | 24(D1) IA 1971 + | Knowingly arrives in the UK without valid entry clearance + + +| + | 24(E1) IA 1971 + | Knowingly arrives in the UK without an ETA. Note: for information only. Prospective offence not yet in force. + + +| + | 24(1)(c) IA 1971 + | Crew member remaining in the UK without leave + + +| + | 24(1)(f) IA 1971 + | Disembarks in the UK from a ship or aircraft after being placed on board with a view to removal + + +| + | 24(1)(g) IA 1971 + | Embarks in contravention of a restriction imposed by Counsel under section 3(7) of this Act + + +| + | 24(1)(h) IA 1971 + | Without reasonable excuse, breaches a bail condition imposed under Schedule 10 to the IA16 + + +| + | 24A IA 1971 + | Obtaining or seeking to obtain leave by deception + + +| + | 24B IA 1971 + | Working whilst disqualified + + +| + | 25 IA 1971 + | Assisting unlawful immigration to the UK + + +| + | 25A IA 1971 + | Knowingly facilitating the attempted or actual entry or arrival of an asylum seeker to the UK + + +| + | 26(1)(g) IA 1971 + | Obstructing an IO or other person lawfully acting in the execution of the IA71 + + +| + | 26A IA 1971 + | Fraudulent use of a registration card + + +| + | 26B IA 1971 + | Possession of immigration stamps + + +| + | 453C POCA 2002 + | Obstructing an IO who is exercising a power of seizure under this Act + + +| + | 2 AI (Treatment of Claimants) Act 2004 + | Entering the UK without a passport + + +| + | 35 AI (Treatment of Claimants) Act 2004 + | Failure to cooperate with the documentation process + + +| + | 21 IAN Act 2006 + | Employing a person disqualified from working + + +| + | 33A IA 2016 + | Landlord renting premises to a disqualified person + + +| + | 33B IA 2016 + | Agent renting premises to a disqualified person @@ -4249,14 +4272,16 @@ - Section and Act - Offence - - - - - 24(1)(d) IA 1971 - Failure to comply with a requirement to report to a medical officer +| + | Section and Act + | Offence + + + + +| + | 24(1)(d) IA 1971 + | Failure to comply with a requirement to report to a medical officer @@ -4268,74 +4293,91 @@ - Section and Act - Offence - - - - - 24(A1) IA 1971 - Knowingly entering the UK in breach of a deportation order - - - 24(B1) IA 1971 - Knowingly entering the UK without leave to enter - - - 24(C1) IA 1971 - Knowingly remaining in the UK beyond limited leave - - - 24(D1) IA 1971 - Knowingly arrives in the UK without valid entry clearance - - - 24(E1) IA 1971 - Knowingly arrives in the UK without an ETA. Note: for information only. Prospective offence not yet in force. - - - 24(1)(a) IA 1971 - Knowingly enters the UK in breach of a deportation order or without leave - - - 24(1)(b) IA 1971 - Remains in the UK beyond the time limited by the leave - - - 24(1)(c) IA 1971 - Crew member remaining in the UK without leave - - - 24(1)(d) IA 1971 - Failure to comply with a requirement to report to a medical officer - - - 24(1)(f) IA 1971 - Disembarks in the UK from a ship or aircraft after being placed on board with a view to removal - - - 24(1)(h) IA 1971 - Without reasonable excuse, breaches a bail condition imposed under Schedule 10 to the IA16 - - - 24A IA 1971 - Obtaining or seeking to obtain leave by deception - - - 24B IA 1971 - Working whilst disqualified - - - 24C IA 1971 - Driving when unlawfully in the United Kingdom. Note: for information only. Prospective offence not yet in force. - - - 26A IA 1971 - Fraudulent use of a registration card - - - 26B IA 1971 - Possession of immigration stamps +| + | Section and Act + | Offence + + + + +| + | 24(A1) IA 1971 + | Knowingly entering the UK in breach of a deportation order + + +| + | 24(B1) IA 1971 + | Knowingly entering the UK without leave to enter + + +| + | 24(C1) IA 1971 + | Knowingly remaining in the UK beyond limited leave + + +| + | 24(D1) IA 1971 + | Knowingly arrives in the UK without valid entry clearance + + +| + | 24(E1) IA 1971 + | Knowingly arrives in the UK without an ETA. Note: for information only. Prospective offence not yet in force. + + +| + | 24(1)(a) IA 1971 + | Knowingly enters the UK in breach of a deportation order or without leave + + +| + | 24(1)(b) IA 1971 + | Remains in the UK beyond the time limited by the leave + + +| + | 24(1)(c) IA 1971 + | Crew member remaining in the UK without leave + + +| + | 24(1)(d) IA 1971 + | Failure to comply with a requirement to report to a medical officer + + +| + | 24(1)(f) IA 1971 + | Disembarks in the UK from a ship or aircraft after being placed on board with a view to removal + + +| + | 24(1)(h) IA 1971 + | Without reasonable excuse, breaches a bail condition imposed under Schedule 10 to the IA16 + + +| + | 24A IA 1971 + | Obtaining or seeking to obtain leave by deception + + +| + | 24B IA 1971 + | Working whilst disqualified + + +| + | 24C IA 1971 + | Driving when unlawfully in the United Kingdom. Note: for information only. Prospective offence not yet in force. + + +| + | 26A IA 1971 + | Fraudulent use of a registration card + + +| + | 26B IA 1971 + | Possession of immigration stamps @@ -4347,18 +4389,21 @@ - Section and Act - Offence - - - - - 25 IA 1971 - Assisting unlawful immigration to the UK - - - 25A IA 1971 - Knowingly facilitating the attempted or actual entry or arrival of an asylum seeker to the UK +| + | Section and Act + | Offence + + + + +| + | 25 IA 1971 + | Assisting unlawful immigration to the UK + + +| + | 25A IA 1971 + | Knowingly facilitating the attempted or actual entry or arrival of an asylum seeker to the UK @@ -4370,26 +4415,31 @@ - Section and Act - Offence - - - - - 24 IA 1971 - Illegal entry and similar offences [24A1- 24E1] (as above) - - - 24A IA 1971 - Obtaining or seeking to obtain leave by deception - - - 24B IA 1971 - Working whilst disqualified - - - (Paragraph) 17 of sch 2 to the IA 1971 - Sect 28CA applies as a power to enter a business premises to arrest a person under para 17 who is liable to be detained under para 16 of sch 2 +| + | Section and Act + | Offence + + + + +| + | 24 IA 1971 + | Illegal entry and similar offences [24A1- 24E1] (as above) + + +| + | 24A IA 1971 + | Obtaining or seeking to obtain leave by deception + + +| + | 24B IA 1971 + | Working whilst disqualified + + +| + | (Paragraph) 17 of sch 2 to the IA 1971 + | Sect 28CA applies as a power to enter a business premises to arrest a person under para 17 who is liable to be detained under para 16 of sch 2 @@ -4401,69 +4451,83 @@ - Section and Act - Offence - - - - - 24 IA 1971 - Illegal entry and similar offences [24A1-24E1] (as above) - - - 24(1)(b) IA 1971 - Remains in the UK beyond the time limited by the leave - - - 24(1)(c) IA 1971 - Crew member remaining in the UK without leave - - - 24(1)(d) IA 1971 - Failure to comply with a requirement to report to a medical officer - - - 24(1)(f) IA 1971 - Disembarks in the UK from a ship or aircraft after being placed on board with a view to removal - - - 24(1)(h) IA 1971 - Without reasonable excuse, breaches a bail condition imposed under Schedule 10 to the IA16 - - - - - - - - Section and Act - Offence - - - - - 24A IA 1971 - Obtaining or seeking to obtain leave by deception - - - 24B IA 1971 - Working whilst disqualified - - - 25 IA 1971 - Assisting unlawful immigration to the UK - - - 25A IA 1971 - Knowingly facilitating the attempted or actual entry or arrival of an asylum seeker to the UK - - - 26A IA 1971 - Fraudulent use of a registration card - - - 26B IA 1971 - Possession of immigration stamps +| + | Section and Act + | Offence + + + + +| + | 24 IA 1971 + | Illegal entry and similar offences [24A1-24E1] (as above) + + +| + | 24(1)(b) IA 1971 + | Remains in the UK beyond the time limited by the leave + + +| + | 24(1)(c) IA 1971 + | Crew member remaining in the UK without leave + + +| + | 24(1)(d) IA 1971 + | Failure to comply with a requirement to report to a medical officer + + +| + | 24(1)(f) IA 1971 + | Disembarks in the UK from a ship or aircraft after being placed on board with a view to removal + + +| + | 24(1)(h) IA 1971 + | Without reasonable excuse, breaches a bail condition imposed under Schedule 10 to the IA16 + + + + + + + +| + | Section and Act + | Offence + + + + +| + | 24A IA 1971 + | Obtaining or seeking to obtain leave by deception + + +| + | 24B IA 1971 + | Working whilst disqualified + + +| + | 25 IA 1971 + | Assisting unlawful immigration to the UK + + +| + | 25A IA 1971 + | Knowingly facilitating the attempted or actual entry or arrival of an asylum seeker to the UK + + +| + | 26A IA 1971 + | Fraudulent use of a registration card + + +| + | 26B IA 1971 + | Possession of immigration stamps @@ -4475,18 +4539,21 @@ - Section and Act - Offence - - - - - 105 IAA 1999 - Making false representations in respect of support for self or another - - - 106 IAA 1999 - Making dishonest representations in respect of benefits or payments to self or another +| + | Section and Act + | Offence + + + + +| + | 105 IAA 1999 + | Making false representations in respect of support for self or another + + +| + | 106 IAA 1999 + | Making dishonest representations in respect of benefits or payments to self or another @@ -4923,136 +4990,162 @@ - Paragraph - Offence - Maximum penalty - - - - - 24(A1) - Illegal entry, knowingly entering in breach of a deportation order - Summary conviction E&W- 12 months’ imprisonment or a fine (or both); S- 12 months or fine not exceeding statutory maximum (or both); NI- 6 months’ imprisonment or fine not exceeding statutory maximum (or both) Conviction on indictment where offence committed on or after 28 June 2022. 5 years’ imprisonment or a fine (or both) - - - 24(B1) - Illegal entry, knowingly entering without leave. - Summary conviction. As above. Conviction on indictment where offence committed on or after 28 June 2022. 4 years’ imprisonment or a fine (or both) - - - 24(C1) - Knowingly overstaying - Summary conviction. As above. Conviction on indictment where offence committed on or after 28 June 2022. As above for 24(B1) - - - 24(D1) - Knowingly arrives without entry clearance under the immigration rules - Summary conviction. As above. Conviction on indictment. As above - - - 24(E1) - Knowingly arrives without an ETA that is valid for travel to the UK under the immigration rules. NB: Not yet in force. Date of commencement to be confirmed - Summary conviction. As above. Conviction on indictment. As above - - - 24(1)(b) - Knowingly failing to observe a condition of leave - Summary conviction 6 months’ imprisonment, or unlimited fine (or both). Applies in E, W, S & NI. - - - 24(1)(c) - Crew: failure to depart on designated ship or aircraft - As above - - - 24(1)(d) - Failure to report to a medical officer or to attend or submit to an examination or test as required by such an officer, without reasonable excuse - As above - - - 24(1)(f) - Disembarking prior to removal - As above - - - 24(1)(g) - Embarking contrary to an Order in Council (Where Order in Council has been made and is in force) - As above - - - 24(1)(h) - Failing to comply with a condition of bail under Schedule 10 of the 2016 Act - As above - - - 24A - Obtaining or seeking to obtain leave to enter or remain or an ETA by deception, or securing or seeking to secure the avoidance, postponement or revocation of enforcement action, by means which include deception - Summary conviction 6 months’ imprisonment or fine not exceeding statutory maximum (or both). Conviction on indictment. 2 years’ imprisonment or a fine (or both) - - - 25 - Assisting unlawful immigration to a member state or the United Kingdom - Conviction on indictment where offence committed on or after 28 June 2022 Life imprisonment, or a fine, or both. Summary conviction 6 months’ imprisonment, fine not exceeding statutory maximum (or both) - - - 25A - Knowingly facilitating the arrival in, or entry into, the UK of an asylum seeker - As above - - - 25B - Assisting entry to the UK of an EU national in breach of a deportation order or exclusion order - As above - - - 26(1)(a) - Refusing or failing to submit to an examination under schedule 2 without reasonable excuse - Summary conviction. 6 months’ imprisonment, unlimited fine (or both). Applies in E, W, S & NI. - - - 26(1)(b) - Refusing or failing to furnish or produce information or documents in their control or possession required on examination under schedule 2 without reasonable excuse - As above - - - 26(1)(c) - Knowingly making a false statement on examination - As above - - - 26(1)(d) - Altering, without lawful authority, any documents issued or used for the purposes of this act, or having possession of such documents which are known to be false - As above - - - 26(1)(e) - Failing to complete and produce a landing or embarkation card without reasonable excuse - As above - - - 26(1)(f) - Failing to comply with requirements to register with the police, or requirements to make and keep hotel records - As above - - - 26(1)(g) - Obstructing an immigration officer without reasonable excuse - As above - - - 26A(3)(a), (b), (d), (e), (f) or (g) - Making, altering, or using a false registration card or making an article designed to make one - Conviction on indictment Maximum 10 years’ imprisonment, unlimited fine or both. Summary conviction 6months’ imprisonment and a fine not exceeding the statutory maximum (or both). Applies in E, W, S & NI. - - - 26A(3)(c) or (h) - Having a false registration card without reasonable excuse or possessing an article designed to be used in making one - Conviction on indictment 2 years’ imprisonment, unlimited fine (or both). Summary conviction as above. Applies in E, W, S & NI. - - - 26B - Possessing an immigration officer’s stamp or replica of such a stamp - As above +| + | Paragraph + | Offence + | Maximum penalty + + + + +| + | 24(A1) + | Illegal entry, knowingly entering in breach of a deportation order + | Summary conviction E&W- 12 months’ imprisonment or a fine (or both); S- 12 months or fine not exceeding statutory maximum (or both); NI- 6 months’ imprisonment or fine not exceeding statutory maximum (or both) Conviction on indictment where offence committed on or after 28 June 2022. 5 years’ imprisonment or a fine (or both) + + +| + | 24(B1) + | Illegal entry, knowingly entering without leave. + | Summary conviction. As above. Conviction on indictment where offence committed on or after 28 June 2022. 4 years’ imprisonment or a fine (or both) + + +| + | 24(C1) + | Knowingly overstaying + | Summary conviction. As above. Conviction on indictment where offence committed on or after 28 June 2022. As above for 24(B1) + + +| + | 24(D1) + | Knowingly arrives without entry clearance under the immigration rules + | Summary conviction. As above. Conviction on indictment. As above + + +| + | 24(E1) + | Knowingly arrives without an ETA that is valid for travel to the UK under the immigration rules. NB: Not yet in force. Date of commencement to be confirmed + | Summary conviction. As above. Conviction on indictment. As above + + +| + | 24(1)(b) + | Knowingly failing to observe a condition of leave + | Summary conviction 6 months’ imprisonment, or unlimited fine (or both). Applies in E, W, S & NI. + + +| + | 24(1)(c) + | Crew: failure to depart on designated ship or aircraft + | As above + + +| + | 24(1)(d) + | Failure to report to a medical officer or to attend or submit to an examination or test as required by such an officer, without reasonable excuse + | As above + + +| + | 24(1)(f) + | Disembarking prior to removal + | As above + + +| + | 24(1)(g) + | Embarking contrary to an Order in Council (Where Order in Council has been made and is in force) + | As above + + +| + | 24(1)(h) + | Failing to comply with a condition of bail under Schedule 10 of the 2016 Act + | As above + + +| + | 24A + | Obtaining or seeking to obtain leave to enter or remain or an ETA by deception, or securing or seeking to secure the avoidance, postponement or revocation of enforcement action, by means which include deception + | Summary conviction 6 months’ imprisonment or fine not exceeding statutory maximum (or both). Conviction on indictment. 2 years’ imprisonment or a fine (or both) + + +| + | 25 + | Assisting unlawful immigration to a member state or the United Kingdom + | Conviction on indictment where offence committed on or after 28 June 2022 Life imprisonment, or a fine, or both. Summary conviction 6 months’ imprisonment, fine not exceeding statutory maximum (or both) + + +| + | 25A + | Knowingly facilitating the arrival in, or entry into, the UK of an asylum seeker + | As above + + +| + | 25B + | Assisting entry to the UK of an EU national in breach of a deportation order or exclusion order + | As above + + +| + | 26(1)(a) + | Refusing or failing to submit to an examination under schedule 2 without reasonable excuse + | Summary conviction. 6 months’ imprisonment, unlimited fine (or both). Applies in E, W, S & NI. + + +| + | 26(1)(b) + | Refusing or failing to furnish or produce information or documents in their control or possession required on examination under schedule 2 without reasonable excuse + | As above + + +| + | 26(1)(c) + | Knowingly making a false statement on examination + | As above + + +| + | 26(1)(d) + | Altering, without lawful authority, any documents issued or used for the purposes of this act, or having possession of such documents which are known to be false + | As above + + +| + | 26(1)(e) + | Failing to complete and produce a landing or embarkation card without reasonable excuse + | As above + + +| + | 26(1)(f) + | Failing to comply with requirements to register with the police, or requirements to make and keep hotel records + | As above + + +| + | 26(1)(g) + | Obstructing an immigration officer without reasonable excuse + | As above + + +| + | 26A(3)(a), (b), (d), (e), (f) or (g) + | Making, altering, or using a false registration card or making an article designed to make one + | Conviction on indictment Maximum 10 years’ imprisonment, unlimited fine or both. Summary conviction 6months’ imprisonment and a fine not exceeding the statutory maximum (or both). Applies in E, W, S & NI. + + +| + | 26A(3)(c) or (h) + | Having a false registration card without reasonable excuse or possessing an article designed to be used in making one + | Conviction on indictment 2 years’ imprisonment, unlimited fine (or both). Summary conviction as above. Applies in E, W, S & NI. + + +| + | 26B + | Possessing an immigration officer’s stamp or replica of such a stamp + | As above @@ -5064,26 +5157,30 @@ - Section - Offence - Maximum penalty - - - - - 91 - Providing immigration advice or services when not a qualified person or in contravention of a restraining order - Conviction on indictment 2 years’ imprisonment, unlimited fine (or both) Summary conviction. 6 months’ imprisonment, or a fine not exceeding the statutory maximum, (or both)/ Applies E, W, S & NI. - - - 105 - False representations to obtain asylum support - Summary conviction. 3 months’ imprisonment, or a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI - - - 106 - Dishonest representations to obtain asylum benefits or payments - Conviction on indictment. 7 years’ imprisonment, unlimited fine (or both). Summary conviction 6 months’ imprisonment or to a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI +| + | Section + | Offence + | Maximum penalty + + + + +| + | 91 + | Providing immigration advice or services when not a qualified person or in contravention of a restraining order + | Conviction on indictment 2 years’ imprisonment, unlimited fine (or both) Summary conviction. 6 months’ imprisonment, or a fine not exceeding the statutory maximum, (or both)/ Applies E, W, S & NI. + + +| + | 105 + | False representations to obtain asylum support + | Summary conviction. 3 months’ imprisonment, or a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI + + +| + | 106 + | Dishonest representations to obtain asylum benefits or payments + | Conviction on indictment. 7 years’ imprisonment, unlimited fine (or both). Summary conviction 6 months’ imprisonment or to a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI @@ -5095,16 +5192,18 @@ - Section - Offence - Maximum penalty - - - - - 137 - Failure, without reasonable excuse, to disclose specified information (employer or financial institution) - Summary conviction. 3 months’ imprisonment, or to a fine not exceeding the statutory maximum, (or both). Applies E, W, S & NI +| + | Section + | Offence + | Maximum penalty + + + + +| + | 137 + | Failure, without reasonable excuse, to disclose specified information (employer or financial institution) + | Summary conviction. 3 months’ imprisonment, or to a fine not exceeding the statutory maximum, (or both). Applies E, W, S & NI @@ -5116,27 +5215,31 @@ - Section - Offence - Maximum penalty - - - - - 2(1) and (2) - Entering the UK without a passport, without reasonable excuse - Conviction on indictment. 2 years’ imprisonment, unlimited fine (or both). Summary conviction. 12 months’ imprisonment, to a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI - - - 4 - Trafficking people for exploitation. Replaced in E & W by section 2 of the Modern Slavery Act 2015). Replaced in S by section 1 of Human Trafficking and Exploitation (Scotland) Act 2015. See also the Human Trafficking and Exploitation (Scotland) Act 2015, s 43, Schedule, para 4 and Scottish SI 2016/385 reg 2. Replaced in NI by sections 1 and 2 of Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 - - S2 MSA 2015. Conviction on indictment. Life imprisonment Summary conviction 12 months’ imprisonment or a fine (or both). S1 HT&E (Scotland) Act 2015. Conviction on indictment. Life imprisonment, or a fine (or both). Summary conviction 12 months’ imprisonment, or to a fine not exceeding the statutory maximum (or both). S1&2 HT&E (CJSV) Act (NI) 2015. Conviction on indictment. Life imprisonment. (S3 of this Act- “Intent to commit an offence under S1 or 2”) Conviction on indictment 10 years’ imprisonment Summary conviction. 6 months’ imprisonment or a fine not exceeding the statutory maximum (or both). - - - 35 - Failing, without reasonable excuse, to comply with specified action to enable a travel document to be obtained - Conviction on indictment. 2 years’ imprisonment, unlimited fine (or both). Summary conviction 12 months’ imprisonment, to a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI +| + | Section + | Offence + | Maximum penalty + + + + +| + | 2(1) and (2) + | Entering the UK without a passport, without reasonable excuse + | Conviction on indictment. 2 years’ imprisonment, unlimited fine (or both). Summary conviction. 12 months’ imprisonment, to a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI + + +| + | 4 + | Trafficking people for exploitation. Replaced in E & W by section 2 of the Modern Slavery Act 2015). Replaced in S by section 1 of Human Trafficking and Exploitation (Scotland) Act 2015. See also the Human Trafficking and Exploitation (Scotland) Act 2015, s 43, Schedule, para 4 and Scottish SI 2016/385 reg 2. Replaced in NI by sections 1 and 2 of Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 + + | S2 MSA 2015. Conviction on indictment. Life imprisonment Summary conviction 12 months’ imprisonment or a fine (or both). S1 HT&E (Scotland) Act 2015. Conviction on indictment. Life imprisonment, or a fine (or both). Summary conviction 12 months’ imprisonment, or to a fine not exceeding the statutory maximum (or both). S1&2 HT&E (CJSV) Act (NI) 2015. Conviction on indictment. Life imprisonment. (S3 of this Act- “Intent to commit an offence under S1 or 2”) Conviction on indictment 10 years’ imprisonment Summary conviction. 6 months’ imprisonment or a fine not exceeding the statutory maximum (or both). + + +| + | 35 + | Failing, without reasonable excuse, to comply with specified action to enable a travel document to be obtained + | Conviction on indictment. 2 years’ imprisonment, unlimited fine (or both). Summary conviction 12 months’ imprisonment, to a fine not exceeding the statutory maximum (or both). Applies E, W, S & NI @@ -5148,16 +5251,18 @@ - Section - Offence - Maximum penalty - - - - - 21 - Knowingly employing an adult without leave to be in the UK or whose conditions of leave prohibit employment - Conviction on indictment (applies E, W, S & NI). 5 years’ imprisonment, unlimited fine (or both). Summary conviction (applies E, W). 12 months’ imprisonment, or to a fine not exceeding the statutory maximum (or both). Summary conviction (applies S & NI). 6 months’ imprisonment or to a fine not exceeding the statutory maximum (or both) +| + | Section + | Offence + | Maximum penalty + + + + +| + | 21 + | Knowingly employing an adult without leave to be in the UK or whose conditions of leave prohibit employment + | Conviction on indictment (applies E, W, S & NI). 5 years’ imprisonment, unlimited fine (or both). Summary conviction (applies E, W). 12 months’ imprisonment, or to a fine not exceeding the statutory maximum (or both). Summary conviction (applies S & NI). 6 months’ imprisonment or to a fine not exceeding the statutory maximum (or both) @@ -5169,16 +5274,18 @@ - Section - Offence - Maximum penalty - - - - - 22 - Assaulting an immigration officer - Summary conviction (applies E, W) Imprisonment not exceeding 51 weeks, or to a fine not exceeding the statutory maximum (or both). Summary conviction (applies in S). 12 months’ imprisonment or to a fine not exceeding the statutory maximum (or both). Summary conviction (applies in NI). 6 months’ imprisonment or to a fine not exceeding the statutory maximum (or both) +| + | Section + | Offence + | Maximum penalty + + + + +| + | 22 + | Assaulting an immigration officer + | Summary conviction (applies E, W) Imprisonment not exceeding 51 weeks, or to a fine not exceeding the statutory maximum (or both). Summary conviction (applies in S). 12 months’ imprisonment or to a fine not exceeding the statutory maximum (or both). Summary conviction (applies in NI). 6 months’ imprisonment or to a fine not exceeding the statutory maximum (or both) @@ -13570,7 +13677,7 @@ - -if officers propose to search premises with the consent of a person entitled to grant entry they must, if practicable, obtain consent in writing on the Notice to Occupier (NTO) (see Warrants: procurement and use) before the search: +if officers propose to search premises with the consent of a person entitled to grant entry they must, if practicable, obtain consent in writing on the Notice to Occupier (NTO) (see Warrants: procurement and use) before the search - @@ -13870,18 +13977,12 @@ there are reasonable grounds to believe that: - - -- - - -delaying the visit would alert the targeted offender, or other persons present, and allow them to evade detection - - -- - - -relevant evidence or other relevant materials may be moved or destroyed if information is not immediately acted upon + + +- delaying the visit would alert the targeted offender, or other persons present, and allow them to evade detection + +- relevant evidence or other relevant materials may be moved or destroyed if information is not immediately acted upon + @@ -14308,6 +14409,558 @@ in addition, for Operation Gull activities, the G7 must: + + +- liaise with airport managers + +- engage with the devolved administrations and relevant local law enforcement agencies to ensure that they are advised of this operational tactic + + + + + + +Before the operation takes place the G7 must be satisfied that the grounds relied upon for the original authorisation are still valid. + + + +On conclusion of the operation, the authorising G7 is responsible for ensuring: + + + +- + + +that the Immigration Advisory and Community Groups or police equivalents are advised that the operation has concluded (if notified prior to the operation) and to consider whether a post-operation community debrief should be held + + +- + + +if previously notified of the operation, surrounding ICE teams are notified that the operation has finished + + +- + + +that an evaluation is conducted and any post-event impact strategy implemented, including an analysis of what equality issue lessons must be factored into future planning, and updating the equality and community impact assessment (ECIA), if applicable + + +- + + +that all post-operation records and intelligence updates (including details of persons encountered, incidents noted and any complaints received) have been completed on PRONTO, or other relevant systems + + + + + +## Equality and community impact assessment + + + +Recommendations and advice given as a result of community consultation must be recorded within an ECIA and consideration given whether to act on the advice, partially act on it or set it aside. The reasons for not acting on recommendations and advice should be noted together with any actions proposed to mitigate risk. + + + +The ECIA should identify and list any potential impact on the wider community and any relevant groups within the community. These may include groups of: + + + +- + + +specific ethnic origin or ancestry + + +- + + +specific religious affiliation + + +- + + +students and educational providers + + +- + + +landlords and tenants + + +- + + +employers and trade bodies representing an affected area + + + + + +The officer in charge (OIC) must comply with any ECIA recommendation that has been agreed by the authorising officer as a condition for the visit to proceed. + + + +See also: + + + +- + + +Enforcement Planning Assessments + + +- + + +Equalities and Community Impact Assessment template + + + + + +## Planning and deployment + + + +A thorough and informed plan, as detailed in the Operational booklet, must include as much advance information of the geographical layout of the area or venue as possible, such as: + + + +- + + +routes in and out + + +- + + +entrances and exits if the location is a transport hub + + +- + + +how busy the location is typically known to be at the time or times of anticipated deployment + + +- + + +the potential for media interest or confrontation and disruption by third parties + + +- + + +the best place at the venue for the team to deploy + + + + + +When planning the optimum place to deploy, consideration also needs to be made if there is an appropriate and more discreet area where initial examinations can be conducted away from immediate public view and earshot. This is important to maintain procedural fairness when conducting the examination, both in terms of discretion but also to minimise any interference or disruption by third parties. If a suitable area cannot be found, consideration needs to be given to conduct detailed schedule 2 examinations which include, for example, ‘minded to cancel’ interviews away from the location at a secure Home Office location. + + + +## Public operations: in-country examinations + + + +See also: + + + +- + + +Public operations: powers and constraints + + +- + + +Arrest and restraint + + +- + + +Immigration enforcement powers (Definition of terms used) + + + + + +You must read this guidance with Enforcement interviews, with particular reference to the explanation of in-country powers of examination and the purpose of exploratory questioning. + + + +You may ask exploratory questions with the cooperation of the person, as described in Enforcement interviews, in order to: + + + +- + + +eliminate the person from enquiries because they do not fall within the general terms of the intelligence basis for the operation detailed in the operational booklet + + +- + + +avoid unnecessary examination + + + + + +If, as a result of your exploratory questioning, you form reasonable grounds to suspect that the person may be in breach of immigration law, you may lawfully examine that person about their identity and status. See Enforcement interviews: exploratory questioning. + + + +If a person does not consent to stop and answer exploratory questions then you may only examine them under paragraph 2 of schedule 2 to the Immigration Act 1971 or arrest them under paragraph 17(1) of schedule 2 to the Immigration Act 1971 if the reasonable suspicion threshold is met. + + + +If the person tries to leave during an examination, they may also be administratively arrested on paragraph 16(1) grounds. + + + +You must be able to fully justify your reasons for examining or arresting an individual and record the grounds for your reasonable suspicion in your pocket notebook (PNB), or on PRONTO. + + + +## Public operations: reasonable suspicion + + + +See also: + + + +- + + +Immigration enforcement powers (see: definitions of ‘reasonable’ and ’suspicion’) + + +- + + +Enforcement interviews: exploratory questioning + + +- + + +Reasonable suspicion – equality issues + + + + + +Reasonable suspicion in the context of public operations can arise as a result of a combination of factors and circumstances. It is not possible to provide a comprehensive list of circumstances or combinations of circumstances that might arise, but they can be summarised as: + + + +- + + +the person: + + +- + + +fits known facts or intelligence + + +- + + +arouses suspicion based on environmental circumstances + + +- + + +demonstrates unusual, inexplicable behaviour + + +- + + +a combination of these + + + + + +All operations are based on intelligence of various types and the aims and objectives of the operation, together with the intelligence basis for the operation, are notified to you during planning and briefing. You must take careful note of the known information and consider whether there are key indicators that will help you identify people related to the enquiry and, conversely, whether there are indicators that help you immediately eliminate a person from the enquiry. Such indicators may include gender, age and appearance but must never be based on racial stereotypes. + + + +In general, it is likely that reasonable suspicion will be based on a combination of factors and that these may include the general nature of available intelligence, the environmental factors that exist at the scene and the behaviour of those encountered. + + + +Environmental circumstances may help you identify those associated with the enquiry. These may include attire such as uniforms, equipment and accessories associated with particular employment. Physical location and direction of movement to, from or between significant locations may also provide a basis for suspicion. + + + +A person’s unusual behaviour in isolation of other factors is particularly difficult to assess quickly. If a person displays evasive behaviour it should always be remembered that there may be a good reason for this. It is reasonable in such circumstances to attempt to speak with the person and seek more information as to why they have acted in this way. Any further information should be taken into account in considering whether to pursue further exploratory questioning. If it appears that the person’s actions have been misinterpreted then be prepared to explain your reasons for delaying them and apologise for any inconvenience caused. + + + +However, such behaviour in combination with other factors may provide grounds for suspicion. For instance, additional factors may include an apparent attempt to: + + + +- + + +disassociate themselves from people associated with the enquiry + + +- + + +distance themselves from places associated with the enquiry + + +- + + +discard or destroy articles or documents that may relate to the enquiry + + + + + +See also: Arrest and restraint: pursuit + + + +## Reasonable suspicion: equality and discrimination + + + +The Public Sector Equality Duty (PSED) is set out in section 149 of the Equality Act 2010 and section 75 of the Northern Ireland Act 1998. + + + +The PSED means that public bodies have to consider all individuals when carrying out their day-to-day work in: + + + +- + + +shaping policy + + +- + + +delivering services + + +- + + +relation to their own employees + + + + + +It also requires that public bodies have due regard to the need to: + + + +- + + +eliminate discrimination + + +- + + +advance equality of opportunity + + +- + + +foster good relations between different people when carrying out their activities + + + + + +‘Direct discrimination’ includes treating some people less favourably than others based on a protected characteristic such as race. The protected characteristic of ‘race’ includes a person’s colour, nationality and national or ethnic origins and the law governs the extent to which immigration officers may discriminate on each of these grounds. Under the Equality Act 2010 it is lawful for an immigration officer to discriminate on the basis of a person’s nationality where they are acting in accordance with legislation designed to have this effect or under a ministerial authorisation. For instance, some nationalities are required to have visas for certain purposes and some are not. + + + +It is unlawful for an Immigration Officer (IO) carrying out their duties to do any act that constitutes direct discrimination based on a person’s colour. A person’s colour or perceived ethnic origin can never be the basis of your ‘reasonable suspicion’ that someone is an immigration offender. + + + +## Street operations (STOPS) + + + +This page tells Immigration Enforcement officers about the planning, authorisation and conduct of street operations. + + + +## Definition of street operation + + + +Street operations are Enforcement led public operations that target locations where intelligence indicates that people who are in breach of immigration rules gather at specific locations at certain times. + + + +## Street operations: intelligence basis + + + +Immigration Enforcement led street operations must be based on intelligence or relevant information such as: + + + +- + + +incoming intelligence from the public + + +- + + +analytical profile of offender locations and proximity to locations known to be regularly occupied by immigration offenders + + +- + + +the results of previous operations conducted at the same location + + +- + + +surveillance reports from Immigration Enforcement directed activity + + +- + + +incoming intelligence from partner agencies + + + + + +In every case, Immigration Enforcement will prepare an intelligence profile (see operational booklet: Grade 7 responsibilities) justifying their involvement in such an operation and the decision to base themselves at a particular location. + + + +## Crime reduction operations (CROPS) + + + +This page tells Immigration Enforcement officers about the planning, authorisation and conduct of crime reduction operations. + + + +## Crime reduction operations planning and authorisation + + + +Crime reduction operations are police-led, intelligence-based public operations undertaken at crime ‘hotspots’ targeting criminals and criminal activity, for example fare evasion, pick pocketing or bag snatching. The police are always the lead agency on a crime reduction operation and immigration enforcement officers are invited to attend where the police expect to encounter, and require advice on, persons who may also be immigration offenders. + + + +Operations in public places being led by other agencies, in which Immigration Officers (IOs) are to assist, must also be recorded in the operational booklet (see operational booklet: Grade 7 responsibilities). In such cases the other agency must provide their intelligence and operational briefing to help the Grade 7 (G7) in setting out their rationale in authorising the assistance of Immigration Officers. If the information supplied by the police or other agency does not give the G7 reason to believe that immigration offenders may be found in a particular public location then the G7 will not authorise Immigration Enforcement participation. See Enforcement Planning Assessments. + + + +## Referrals during crime reduction operations + + + +On a crime reduction operation, the referring officer, usually a constable, will stop and question a person based on their own powers and may not necessarily have done so on the basis that the person is an immigration offender, for instance, the person might have been questioned in relation to begging or rough sleeping. In responding to a referral from the constable, you must consider whether there is a reasonable suspicion sufficient to conduct the examination and be satisfied that there is a basis for in country examination. Therefore, the constable must relay sufficient information to give rise to that suspicion and you must record the basis of the suspicion on PRONTO. + + + +## Common Travel Area (CTA) and domestic travel routes + + + +This page tells Immigration Enforcement officers how to carry out Immigration Enforcement activities targeted at domestic travel routes in Northern Ireland (Operation Gull). + + + +Operation Gull are public operations that specifically target domestic travel routes in Northern Ireland which intelligence has shown are used by immigration offenders. Public Operations, whether Immigration or other agency-led that are conducted on typical CTA routes on the mainland are conducted in line with the main Public Operations guidance above. + + + +## Enforcement operations in air and sea ports in Northern Ireland only + + + +This following guidance is only relevant to Immigration Enforcement Immigration Compliance and Enforcement (ICE) team activity in air and sea ports in Northern Ireland. All such activity is carried out on the basis of voluntary co-operation from the travelling public under the title Operation Gull. Unless specifically stated, Operation Gull must comply with the substantive guidance on public operations. + + + +Under section 1(3) of the Immigration Act 1971 there are no fixed immigration control points in operation between the UK (including Northern Ireland) and the Republic of Ireland. + + + +The authority to deploy ICE team staff under Operation Gull must be given at no lower than Grade 7 (G7) level or a His Majesty’s Inspector (HMI) who has successfully completed selection and mentoring protocols and has been signed off by a Grade 6 (G6) to act in a solo capacity as a G7 on Higher Rate Allowance (HRA). The authorising officer must be arrest trained and have completed their arrest refresher training within the last 24 months. They will: + + + +- + + +appoint a critical incident structure + + +- + + +agree the: + + + +- + + +operational resources assigned to the operation + + +- + + +geographical extent of the operation at the airport or, dock area + + +- + + +time and date of each individual operation + + - @@ -14319,172 +14972,3646 @@ - -engage with the devolved administrations and relevant local law enforcement agencies to ensure that they are advised of this operational tactic - - - - - -Before the operation takes place the G7 must be satisfied that the grounds relied upon for the original authorisation are still valid. - - - -On conclusion of the operation, the authorising G7 is responsible for ensuring: - - - -- - - -that the Immigration Advisory and Community Groups or police equivalents are advised that the operation has concluded (if notified prior to the operation) and to consider whether a post-operation community debrief should be held - - -- - - -if previously notified of the operation, surrounding ICE teams are notified that the operation has finished - - -- - - -that an evaluation is conducted and any post-event impact strategy implemented, including an analysis of what equality issue lessons must be factored into future planning, and updating the equality and community impact assessment (ECIA), if applicable - - -- - - -that all post-operation records and intelligence updates (including details of persons encountered, incidents noted and any complaints received) have been completed on PRONTO, or other relevant systems - - - - - -## Equality and community impact assessment - - - -Recommendations and advice given as a result of community consultation must be recorded within an ECIA and consideration given whether to act on the advice, partially act on it or set it aside. The reasons for not acting on recommendations and advice should be noted together with any actions proposed to mitigate risk. - - - -The ECIA should identify and list any potential impact on the wider community and any relevant groups within the community. These may include groups of: - - - -- - - -specific ethnic origin or ancestry - - -- - - -specific religious affiliation - - -- - - -students and educational providers - - -- - - -landlords and tenants - - -- - - -employers and trade bodies representing an affected area - - - - - -The officer in charge (OIC) must comply with any ECIA recommendation that has been agreed by the authorising officer as a condition for the visit to proceed. - - - -See also: - - - -- - - -Enforcement Planning Assessments - - -- - - -Equalities and Community Impact Assessment template - - - - - -## Planning and deployment - - - -A thorough and informed plan, as detailed in the Operational booklet, must include as much advance information of the geographical layout of the area or venue as possible, such as: - - - -- - - -routes in and out - - -- - - -entrances and exits if the location is a transport hub - - -- - - -how busy the location is typically known to be at the time or times of anticipated deployment - - -- - - -the potential for media interest or confrontation and disruption by third parties - - -- - - -the best place at the venue for the team to deploy - - - - - -When planning the optimum place to deploy, consideration also needs to be made if there is an appropriate and more discreet area where initial examinations can be conducted away from immediate public view and earshot. This is important to maintain procedural fairness when conducting the examination, both in terms of discretion but also to minimise any interference or disruption by third parties. If a suitable area cannot be found, consideration needs to be given to conduct detailed schedule 2 examinations which include, for example, ‘minded to cancel’ interviews away from the location at a secure Home Office location. - - - -## Public operations: in-country examinations - - - -See also: - - - -- - - -Public operations: powers and constraints +engage with the devolved legislature and other law enforcement agencies in Northern Ireland to ensure that they are advised of this operational tactic within Northern Ireland + + + + + +Operation Gull deployments will be led by an Immigration Officer (IO) officer in charge (OIC) with oversight from a Chief Immigration Officer (CIO) or or an Immigration Officer (IO) who has successfully completed selection and mentoring protocols and has been signed off by a Grade 7 (G7) to act in a solo capacity as a CIO on Higher Rate Allowance (HRA). The authorising officer will decide the level of CIO oversight needed for each deployment and record their decision and reasoning in the operational booklet. In line with standard operation protocols,all officers who deploy on Operation Gull must be ‘in-ticket’ arrest trained and officers who oversee an Operation Gull deployment from the office must at a minimum be arrest trained and have completed their arrest refresher training within the last 24 months. + + + +## Operation Gull + + + +Officers are entitled to carry out intelligence led operations designed to intercept persons who should not be in the country on the basis of cooperation from the general public. Home Office IOs do not have all of their normal powers to carry out immigration controls in respect of persons travelling within the common travel area (CTA). + + + +Operation Gull officers must comply with section 75 of the Northern Ireland Act 1998 and schedule 9 to the Northern Ireland Act 1998 which place a statutory obligation on public authorities in carrying out their various functions relating to Northern Ireland. + + + +See Reasonable suspicion: equality and discrimination. + + + +Where any identification presented on a voluntary and consensual basis and / or the behaviour of the individual concerned gives you reasonable suspicion that the passenger may be an immigration offender, then you may question further in line with the Singh v Hammond judgment. See also: Enforcement Interviews - ‘Immigration Enforcement: in-country examination’ for further information concerning the Singh v Hammond judgement. + + + +## Visits to care home or care providers + + + +This page tells Immigration Enforcement officers of issues to be taken into account when conducting a visit to a care home or care providers. + + + +When considering operational activity against care providers or agencies, continuity of care for the people using the service is the primary concern. Visits to care providers are, in most circumstances, conducted with the consent of the employers concerned. However, the vulnerability of those being cared for means that the continuity of their care must take precedence where enforcement action may place those being cared for at risk. The officer in charge (OIC) is responsible for the visit and what takes place and must balance the legitimate objective of Immigration Enforcement against the risks to the residents and those who depend on the care home or provider. The OIC must continually assess the impact of any proposed enforcement activity and should be prepared to withdraw if appropriate. The decision of the OIC in this respect is final. + + + +## Authority: visit to care home + + + +Authority must be obtained from the Immigration Compliance and Enforcement (ICE) Tasking and Coordinating Group before conducting the visit. For more information see Enforcement Planning Assessments. + + + +## Continuity of care arrangements + + + +Where required, the following groups may be called upon to assist: + + + +- + + +national care organisations + + +- + + +local authorities + + +- + + +adult social services + + +- + + +borough or constabulary police public protection unit + + + + + +You must discuss plans and any repercussions that may arise due to the arrest and detention of care staff and the immediate, ongoing care of residents or recipients of the agency’s service. The OIC must take the lead at any meetings or tele-conferencing with other agencies but also remember that the co-operation of all agencies involved is paramount to ensure the safety of any person in receipt of care. Records of all meetings, those attending and decisions taken must be recorded and retained with the visit records. + + + +Before conducting any operational activity, the OIC must contact the care organisation that is responsible for the location concerned: + + + +- + + +England - Care Quality Commission (CQC) + + +- + + +Wales - Care and Social Services Inspectorate for Wales (CSSIW) + + +- + + +Scotland - Care Inspectorate + + +- + + +Northern Ireland - Regulation and Quality Improvement Authority (RQIA) + + + + + +The OIC must make the relevant care organisation aware of care providers, or agencies providing staff to care providers, who are suspected of being in breach of illegal working legislation. Where care provision and illegal working abuses are identified, both organisations must agree to undertake joint enforcement action and advise local ambulance service, police and local authorities of the planned activity. A joint decision will be reached on the lead roles for different aspects of any planned operational activity. + + + +In cases where the recipient of the agency care service is outside the local authority provision they will still need short notice replacement care. If enforcement visits to home addresses are planned for arrest activity then alternative care arrangements will still need to be agreed with the co-operating care home or agency. + + + +Consideration must be given to arranging alternative care staff and / or arranging placements in other homes for the residents if, as a result of the visit, the premises is likely to be closed. This may also result in a need to book ambulances to transport residents to other locations as mentioned above. + + + +## People identified as at risk during operation + + + +You must take the utmost care during operational planning to identify and mitigate any risks to those receiving care. If at any stage of the operation, owing to unforeseeable circumstances, a resident of a care home or someone receiving care from an agency is likely to become left without necessary care, medication or facilities, then you must: + + + +- + + +inform social services + + +- + + +commence critical incident procedures and contact the Command and Control Unit + + + + + + +Official – sensitive: start of section + + + + +The information in this section has been removed as it is restricted for internal Home Office use only. + + + + +Official – sensitive: end of section + + + + +For more information about contacting social services also see: Identifying people at risk. + + + +## Visits to prisons + + + +This page tells Immigration Enforcement officers how to conduct a visit to a prison. + + + +## Prison interviews + + + +You may be required to attend a prison for an interview with an offender, to conduct an asylum interview or to serve enforcement notices, for example a deportation order (DO). + + + +Most prisons have strict times during which visits may be made and you may only visit during those times. In exceptional circumstances, for example where an extended visit is required for a lengthy interview, you must obtain the agreement of the governor in advance. You will be expected to leave at the end of the allotted time so allow ample time for the interviewee to have any private consultation with their representative (if present) and allow time at the end of the interview for the interviewee to read-through and sign the interview record. + + + +Before you visit a prison, contact the discipline office who will require the name and prison number of the detainee (if known), the nature of the visit, the names of those who will visit (including the detainee’s representative), the proposed date and probable length of the visit. They will then advise when the visit may be made and may require a letter of introduction. Visits are not usually permitted at the weekend. + + + +When you attend the prison, you will be subject to search. Mobile telephones are not usually permitted and may be left in lockers provided. Make references to senior Immigration Enforcement officers from the public telephones or, if the prison officers allow it, from their offices. + + + +If you are required to take photographs of a detainee, you must ensure that you have permission prior to your visit. Cameras are not permitted as a matter of course and you must obtain authority in writing from the security unit. + + + +You must comply with the national generic risk assessment for non-arrest operations which can be found on the National risk assessments webpage. + + + +A prisoner being interviewed by an immigration officer in respect of a criminal offence is entitled to legal representation. Criminal interviews conducted at a prison must be conducted in accordance with the Police and Criminal Evidence Act 1984 (or equivalent in Northern Ireland and Scotland). Where there are not facilities to do this at the prison, you will need to liaise with the prison to arrange transfer to a police station. + + + +You must advise the prisoner of any interview in advance allowing plenty of time for them to contact their representative. Whilst there is no legal entitlement to representation in administrative interviews, it is Home Office policy to allow a representative to be present. + + + +## Visits to register offices + + + +This page tells Immigration Enforcement officers how to conduct a visit to a register office. + + + +All other guidance relating to the conduct of marriage investigations is located in the Marriage investigations , including: + + + +- + + +unannounced visits + + +- + + +recording of marriage interviews + + +- + + +identifying potential sham marriages during visits or other encounters + + +- + + +grounds for suspicion for a sham marriage + + + + + +## Marriage and civil partnership investigations at register offices + + + +It is unlikely that visits to register offices to investigate marriages will be necessary since the introduction of the Immigration Act 2014 requiring registry officials to refer suspicious proposed marriages and civil partnerships for investigation where a spouse is a foreign national. + + + +See: Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015) + + + +It may however be necessary to visit a register office in order to apprehend a suspected offender where no reliable home address is known, or where the likelihood of encountering the person at the home address is low. In most circumstances, the visit will be on the day of the wedding or civil partnership ceremony. Before conducting a visit to a register office all pre-visit checks must be carried out and arrangements to conduct the visit made with the superintendent registrar, or their deputy in their absence. If a statutory power of entry or warrant is not your power of entry, then this agreement should be secured by fully informed consent. However, even where you have obtained consent before the visit, the person is fully within their rights to withdraw their consent for you to enter the premises before your scheduled visit, so you must re-confirm on the day of the visit that you still have fully informed consent to enter the premises. + + + +Enforcement activity at a register office must not affect the normal running of the office and any disruption must be kept to a minimum. Sensitivity must be given to other activities taking place in the register office including the registration of births, deaths and other marriages or civil partnerships. + + + + +Official – sensitive: start of section + + + + +The information in this section has been removed as it is restricted for internal Home Office use only. + + + + +Official – sensitive: end of section + + + + +Officers must be aware that parties who have been arrested and charged with immigration offence or breaches, regardless of the venue, may still be able to arrange for their marriage or civil partnership to take place on another day. + + + +Furthermore, officers have no power to prevent a marriage taking place where the couple, or one of the parties to the marriage, are not arrested. Only a registrar may prevent a marriage on the grounds that there is a legal impediment to the marriage. However, proceeding with a marriage or civil partnership will not result in any immigration advantage where the evidence proves that it is a sham. + + + +## Visits to religious premises + + + +This page tells Immigration Enforcement officers how to conduct a visit to religious premises. + + + +## Authority: visit to religious premises + + + +Unless part of an existing local arrangement with community religious groups to conduct surgeries at agreed sites, visits to religious premises must be authorised at Grade 6 level and the Immigration Minister must be informed. Such sensitive cases may require the Home Secretary to be informed. + + + +When planning such a visit, you must ensure, and provide evidence, that all other avenues of investigation have been exhausted. Scheduling a visit to enter religious premises must be the last resort. + + + +This sensitive type of visit may involve large numbers of officials and suspects. Consequently, this can be expected to generate a substantial amount of local and national media interest. + + + + +Official – sensitive: start of section + + + + +The information in this section has been removed as it is restricted for internal Home Office use only. + + + + +Official – sensitive: end of section + + + + +## Community engagement visit to religious premises + + + +Some communities, as well as faith communities, may be unwilling to assist police or Immigration Enforcement in carrying out operations. Where appropriate, steps must be taken to seek advice from the communities concerned and include any risks that they raise as part of an equality and community impact assessment (ECIA). + + + +Any steps that have been taken to seek advice and address community concerns must be recorded. Full consideration must also be given on whether to involve: + + + +- + + +local MPs + + +- + + +local councillors + + +- + + +local police authorities + + +- + + +religious community leaders + + +- + + +community safety officer + + + + + +This is not an exhaustive list. If engagement with the community is not considered appropriate, the reasons for this should also be recorded. + + + +## Visits to suspected vice premises + + + +This page tells Immigration Enforcement officers how to conduct a visit to suspected vice premises. + + + +## Pre visit considerations: vice premises + + + +Officers must have regard to any locally prepared risk assessment and conform to its recommendations. + + + +Officers must also be aware that due to the nature of the establishment and potential for workers to be victims of modern slavery there is often media interest and publicity and such visits may be accompanied by media personnel. If officers do not wish to be identified on camera they can opt not to go on such visits or request that no photographs or camera shots be taken of them. + + + +## Conduct during visits to vice premises + + + +See Identifying people at risk: sexual exploitation and vice. + + + +All visits to premises suspected to be used for prostitution are to be conducted sensitively and in a low-key manner. Any suspected sex workers are relatively more likely to be victims of modern slavery. Whether or not this is suspected, all those encountered must be allowed to preserve their dignity and given the same consideration of their privacy as any other person who is being questioned. + + + +Care must be taken to safeguard any suspected victims of modern slavery or human trafficking and it is important that their identities remain hidden. If the media are present they must be requested to obscure the identities of those present. + + + +Where a local regional police vice unit is present, they are to enter the premises first if this is their wish and Immigration Enforcement officers should not enter until given clearance. + + + +You must fully record all conversations (see Enforcement interviews) with any person on the premises during the enforcement operation in your pocket notebook or on PRONTO with details of the date, place, location and persons spoken with. Initial questioning of those identified is to be brief and succinct as it is likely the individuals will not feel safe or comfortable being questioned on the premises. You must be aware that overt personal protection equipment (PPE) (see Enforcement visits: safety and personal protection guidance) may have an effect on a victim’s willingness to come forward where they have been coerced into vice-working. + + + +Removing potential victims away from the premises and away from anyone who may be an intimidating presence is likely to be the best way of obtaining full and frank answers to any questions and therefore, ideally, interviews should be conducted away from the premises. + + + +Questions that are directed to individuals found on vice type premises must be directly related to the investigation of the person’s immigration status and / or whether they are a person who may be considered at risk. See: Identifying people at risk. + + + +## Health and safety issues during visits to vice premises + + + +You must be conscious of personal safety at all times and need to be aware of the risk of contamination at vice premises from bodily fluids, drugs, needles and diseases. Therefore you must take adequate precautions when conducting any search of property or premises. See also Enforcement visits safety and personal protection. + +--- + +Identifying people at risk (enforcement) + + + + +Version 4.0 + + + + +## 1. About this guidance + + + +This guidance tells Immigration Enforcement officers about some of the vulnerable or ‘at risk’ people you may encounter. It provides some advice on how to identify if a person may be a victim of exploitation and/or abuse of various types but this guidance is not intended to be a comprehensive guide. Further links are provided where guidance that is more detailed exists. It also details the actions you must take, the agencies and teams you may need to involve and how to find more information. + + + +## 1.1 Contacts + + + +If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Enforcement Policy. + + + +If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team. + + + +## 1.2 Publication + + + +Below is information on when this version of the guidance was published: + + + +- + + +version 4.0 + + +- + + +published for Home Office staff on 18 December 2025 + + + + + +## 1.3 Changes from last version of this guidance + + + +Updated to reflect changes to Home Office systems that have been replaced. + + + +## 2. Identifying people at risk + + + +This page gives advice to Immigration Enforcement officers who may encounter people at risk during operational visits and provides information about the various types of risk that may be suspected or identified. It also provides information about where to find more detailed guidance and advice. + + + +All officers must try to strike the right balance between protecting the vulnerable and ensuring the maintenance of legitimate immigration control. + + + +As part of the operational planning process, an assessment should have been conducted of the available information, prior to any visit being undertaken with a view to considering whether detention was a likely outcome. + + + +Where an individual is assessed as being at risk or self-notifies that they believe themselves to be at risk, there is a policy presumption that they will not be detained. However, an assessment must be conducted to determine whether it is right to set aside that presumption because of other overriding factors.Details of how to conduct this assessment and the factors to be taken into account is found in Immigration Enforcement: general instructions. + + + +An individual may be regarded as being an adult at risk if they fall within the categories of those described in this guidance. In addition, they will be considered to be potentially an adult at risk and subject to the assessment described above if: + + + +- + + +they declare that they are suffering from a condition, or have experienced a traumatic event, that would be likely to render them particularly vulnerable to harm if they are placed in detention or remain in detention + + +- + + +those considering or reviewing detention are aware of medical or other professional evidence which indicates that an individual is suffering from a condition, or has experienced a traumatic event, that would be likely to render them particularly vulnerable to harm if they are placed in detention or remain in detention – whether or not the individual has highlighted this themselves + + + + + +## 3. Modern slavery + + + +This page gives Immigration Enforcement officers an overview of their responsibilities when identifying and processing victims of modern slavery. + + + +Modern slavery is a term used to encompass slavery, servitude, and forced or compulsory labour, and human trafficking. + + + +## 3.1 Guidance associated with modern slavery + + + +You must read the modern slavery section of this guidance, in conjunction with general guidance and further information, relevant to your region, as listed below: + + + +- + + +England and Wales, Scotland and Northern Ireland: + + + +- Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland + + + +- + + +England and Wales: + + + +- National Referral Mechanism for adults – England and Wales + + + +- + + +Scotland and Northern Ireland: + + + +- National Referral Mechanism for adults – Scotland and Northern Ireland + + + +- + + +Scotland: + + + +- National Guidance for Child Protection in Scotland + + + +- + + +Northern Ireland: + + + +- ‘Working Arrangements for the Welfare and Safeguarding of Child Victims of Human Trafficking’ - this guidance details the procedures to be taken when a child is a victim or suspected victim of child trafficking, and was issued jointly by The Department of Health, Social Services and Public Safety and The Police Service for Northern Ireland in February 2011 + + + + + + + +Official – sensitive: start of section + + + + + +Official – sensitive: end of section + + + + +## 3.2 National Referral Mechanism (NRM) and the Competent Authorities + + + +The National Referral Mechanism (NRM) is a victim identification and support process. The NRM is designed to make it easier for all agencies that could be involved in a modern slavery case (for example, the police, UK Visas and Immigration, local authorities, non-governmental organisations) to share information about potential victims and facilitate their access to advice, accommodation and support. + + + +The Single Competent Authority is responsible for all NRM decisions. + + + +A further unit, the Immigration Enforcement Competent Authority (IECA), processes NRM referrals for the following cohorts of individuals: + + + +- + + +Foreign National Offenders (FNO)s: + + + +- + + +all adult FNOs detained in an Immigration Removal Centre + + +- + + +all adult FNOs in prison where a decision to deport has been made + + +- + + +all adult FNOs in prison where a decision has yet to be made on deportation + + +- + + +non-detained adult FNOs where action to pursue cases towards deportation is taken in the community as well as in detention + + + + +- + + +Non-FNOs: + + + +- + + +all individuals detained in an Immigration Removal Centre managed by the National Returns Command, including those in the Detained Asylum Casework process + + +- + + +all adult individuals in the Third Country Unit / inadmissible process irrespective of whether detained or non-detained + + + + + + + +The Single Competent Authority (SCA) continues to consider all other NRM cases, including all child cases. + + + +In 2021, the Home Office also launched a Pilot to test devolving responsibility for NRM decisions for child victims of modern slavery to local authorities. This approach will enable decisions about whether a child is a victim of modern slavery to be made by those involved in their case and ensure decisions are closely aligned with the provision of local needs-based support and any law enforcement response. + + + +For further information on the Pilot see Devolving Child Decision-Making Pilot Programme General Guidance. + + + +To contact the SCA: + + + +- + + +email: + + + +- + + +nrm@modernslavery.gov.uk (for cases in England and Wales) + + +- + + +The National Referral Mechanism - Scotland and Northern Ireland (for cases in Scotland and Northern Ireland) + + + + +- + + +call: + + + +- + + +0300 0724 345 (for cases in England and Wales) + + +- + + +0300 0722 789 (for cases in Scotland) + + +- + + +0300 0722 654 (for cases in Northern Ireland) + + + + + + + +These duty lines operate on usual business days between 10am and 4pm + + + +To contact the IECA: + + + +- + + +email: IE Competent Authority + + +- + + +call: 0300 0710 654 + + + + + +For further information, refer to: Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland. + + + +## 3.3 Referring potential victims of modern slavery + + + +Anyone - adult or child - can be a victim of modern slavery regardless of their nationality, age, gender or immigration status. If indicators of modern slavery are identified, a referral into the NRM must be made for all potential victims. + + + +## National Referral Mechanism (NRM) referral form + + + +If you identify a potential victim of modern slavery, you, as a first responder, must consider referring them to the NRM for further consideration by a Competent Authority. You must refer them by completing a NRM referral form via the online process. + + + +Before you make a referral, adult victims must give their informed consent. Where an adult does not consent to being referred into the NRM there remains a Duty to Notify, and the same form should therefore be submitted indicating that the adult does not consent. If the potential victim is a child (under 18), the child’s consent to be referred into the NRM is not required and therefore all child potential victims should be referred. + + + + +Official – sensitive: start of section + + + + +The information on this page has been removed as it is restricted for internal Home Office use + + + + +Official – sensitive: end of section + + + + +First responders will need to capture as much information about the individual and their circumstances as possible on the referral form. You must then complete the NRM referral form. Guidance on completing the form is contained within it. + + + +Following referral, a Competent Authority decision maker will consider the case. A positive reasonable grounds decision will be made where there are reasonable grounds to believe that the individual is a victim. This decision is an objective one, based on all the available evidence, and ordinarily a potential victim’s own account, by itself, would not be sufficient to result in a positive decision. Therefore, when a referral is made the first responder should consider what supporting evidence or corroborating information can be provided with it to support a decision. + + + +Following a positive reasonable grounds decision the individual will be eligible for a recovery period of at least 30 days (unless this period is withheld on public order or bad faith grounds), following which a conclusive grounds decision will be made to determine whether the individual is confirmed as a victim. + + + +## 3.4 Indicators of modern slavery + + + +Indicators assist officers (who are considered first responders (FRs)) in making a primary assessment of whether the individuals encountered are, or may be, a victim of modern slavery. Indicators highlight a potential situation to the FR who can then dig deeper to investigate what has happened. + + + +It is not the case that a set number of indicators equate to a person being a victim; it could be just one or a combination of indicators that demonstrate that the person may be a victim. You should consider each case on its own merits. This is not an exhaustive or definitive list, but highlights the more common indicators: + + + +- + + +found in, or connected to a type of location likely to be used for exploitation + + +- + + +distrust of authorities + + +- + + +expression of fear or anxiety + + +- + + +depression + + + +- + + +lack of interest + + +- + + +hopelessness + + +- + + +suicidal + + + + +- + + +hostility: + + + +- + + +annoyed and irritated easily + + +- + + +temper outbursts) + + + + +- + + +acting as if instructed by another + + +- + + +passport or documents held by someone else + + +- + + +perception of being bonded by debt + + +- + + +being placed in a dependency situation + + +- + + +threat of being handed over to authorities + + +- + + +threats against the individual or their family members + + +- + + +injuries apparently a result of assault or controlling measures + + +- + + +evidence of control over movement, either as an individual or as a group + + +- + + +limited social contact + + +- + + +lack of access to medical care + + +- + + +no or limited access to bathroom / hygiene facilities + + +- + + +claims to be older than their actual age - if you suspect that an individual may be a child (less than 18 years of age) you must contact Social Services immediately + + +- + + +a child within a family has a different immigration status (or lack thereof) compared to other children in the family + + +- + + +child makes repeated trips in and out of the UK + + +- + + +missing school + + + + + +A further list of indicators of modern slavery can be found in the guidance: Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland. + + + +If no indicators of Modern Slavery are identified, an NRM referral does not need to be submitted. However, this does not mean that an individual is not considered to be vulnerable. If there are concerns around the person’s vulnerability, steps must still be taken to make safeguarding arrangements, in line with the safeguarding children and referring vulnerable people sections in this guidance. + + + +## 3.5 Handling possible victims of modern slavery + + + +You must take the potential victim to a secure environment (away from any potential traffickers or other potential victims) and inform them of their right to: + + + +- + + +independent emotional and practical help + + +- + + +protection + + +- + + +assistance to allow their rights and interests to be presented and considered at appropriate stages of criminal proceedings against offenders + + + + + +There is more information on interviewing possible victims of modern slavery in the Enforcement interviews guidance. + + + +Under the NRM, the person may also be entitled to: + + + +- + + +temporary safe accommodation + + +- + + +medical treatment + + +- + + +help coping with their experience + + +- + + +an interpreter (or translator services) + + +- + + +help finding independent legal advice + + + + + +## 3.6 Overseas Domestic Workers (ODWs) + + + +For further information on ODWs, see: + + + +- + + +Guidance on domestic workers who are the victims of modern slavery or trafficking + + +- + + +Guidance on enforcement action against ODWs + + + + + +## Indicators of domestic servitude + + + +Indicators of domestic servitude: + + + +- + + +living with, and working for a family in a private home + + +- + + +not eating with the rest of the family or being given only leftovers to eat + + +- + + +no proper sleeping place or sleeping in shared space, for example the living room + + +- + + +no private space + + +- + + +forced to work in excess of normal working hours or being ‘on-call’ 24 hours a day + + +- + + +employer reports them as a missing person + + +- + + +employer accuses person of theft or other crime related to the escape + + +- + + +never leaving the house without employer + + + + + +## 4. Safeguarding children + + + +This page tells Immigration Enforcement officers how to deal with any child encountered during an enforcement operation. + + + +## 4.1 Children: definition and safeguarding responsibilities + + + +Under article 1 of the United Nations Convention on the Rights of the Child, a child is anyone under the age of 18 unless majority is attained earlier under the law applicable to the child. + + + +There is no single law that defines the age of a child across the UK. England, Wales, Northern Ireland and Scotland each have their own legislation setting out the duties and responsibilities of organisations to keep children safe. However, they all agree that a child is anyone who has not yet reached their 18th birthday. Additionally, in Scotland, a young person between the age of 16 and 18 may be viewed as both a child and an adult dependent on whether they are still subject to a supervision requirement or require intervention to protect them and as such would be treated as an adult with care and support needs. + + + +Consequently, for the purposes of this guidance a ‘child’ is a child or young person under 18 years of age. + + + +The children who may be encountered are likely to fall into one of the following groups: + + + +- + + +a child looked after by a local authority + + +- + + +a child in the care of one or both of their parents, a family member or non-family private foster care + + +- + + +the dependent child of a Foreign National Offender (FNO), these dependants could be British Citizens or have extant leave + + + + + +Section 55 of the Borders, Citizenship, and Immigration Act 2009 places a duty on the Secretary of State to make arrangements for ensuring that immigration, asylum, and nationality functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK. The duty applies to our contractors as well as Home Office borders and immigration staff. + + + +You must share information in a timely and effective manner with local authority children’s services where a child in need, at risk of significant harm, or any other safeguarding concern is identified. The power to share such information is governed by section 115 of the Crime and Disorder Act 1998. + + + +For more information about safeguarding and promoting the welfare of children see: Statutory guidance – Every Child Matters. + + + +## 4.2 Safeguarding Advice and Children’s Champion + + + +The Safeguarding Advice and Children’s Champion (SACC) team includes staff with social work experience and is available to provide specialist safeguarding and welfare advice to staff. This includes, but is not limited to, advice relating to applications from children, adult family members, family reunion applications, and proposals to separate family members. The SACC can also offer advice on other issues relating to children including family court proceedings and complex cases. If you need advice, email the Children’s Champion inbox. + + + +## 4.3 Encountering a child during a visit + + + +For information on encountering a child during a visit, see: Missing children found by Home Office staff. + + + +## Identifying the child + + + +If you encounter a child, you must take all reasonable steps to ascertain their identity and who has parental responsibility for them. You must check the information provided against Home Office records to check the details are consistent with the records already held for them and to verify their immigration status. + + + +A child must never be left alone in the premises when you are departing. + + + +If there is someone who has parental responsibility for the child, but they are not at the address where the child is encountered, you must take all reasonable steps to find out who they are, where they are and when they will be back. You can converse with the child, despite the absence of a responsible adult, to obtain this information, to offer reassurance and explain the situation. You must not leave the child alone in the premises. It may be appropriate to liaise with the local police so they can reunite the child and the parent, and if necessary, investigate the circumstances of the child being left alone. + + + +In some cases, it may be appropriate to carry out a Police National Computer (PNC) check. If a PNC check is conducted and the child has any known alias names, the same checks must also be conducted on those details. All alias names must also be fully recorded. + + + +You must not ask a child to undergo a mobile fingerprint scan unless there is an appropriate adult present, who has given their consent for the check to be made. The definition of a person who must be present when a child is fingerprinted is found in section 141 of the Immigration and Asylum Act 1999. An immigration officer is not classed as an appropriate adult for the purposes of checking or taking fingerprints, or any other situation where the presence of an appropriate adult is needed, for example, interviewing. + + + +For more information, see Identity management (enforcement). + + + +If you put questions to the child and/or parent to find out their identity and parental responsibility and they refuse to answer them, you must fully record this in your personal notebook. You must fully evaluate the known or suspected risks and continue to gather and assess information as far as possible. Consider: + + + +- + + +contacting an interpreter if one is not on the visit + + +- + + +explaining the consequences of not co-operating + + +- + + +referring to other agencies + + + + + +## 4.4 Making a safeguarding referral: children + + + +A safeguarding referral must always be made in the following circumstances: + + + +- + + +signs of abuse or neglect + + +- + + +potential modern slavery or child trafficking + + +- + + +female Genital Mutilation + + +- + + +potential child sexual exploitation + + +- + + +unaccompanied child + + +- + + +missing child + + +- + + +private fostering agreement + + + + + +The above list is not exhaustive. If you have concerns about a child but you are unsure whether you need to make a referral, you should err on the side of caution and refer in cases of doubt. + + + +Where no concerns are identified, you do not need to take any referral action. However, where a referral is not considered necessary, you should record full notes and your reasoning, including for example, what you observed, heard, read. + + + +For further information, See the following guidance: + + + +- + + +Safeguarding Advice and Children’s Champion + + +- + + +Children: causes of concern + + +- + + +Local authority child referrals + + +- + + +Referring victims of modern slavery + + + +- + + +Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland + + +- + + +National Referral Mechanism for adults – England and Wales + + +- + + +National Referral Mechanism for adults – Scotland and Northern Ireland + + + + + + + +## 4.5 Children: causes of concern + + + +## Missing children + + + +For further information on missing children, see: Child missing from their parents. + + + +## Child abuse + + + +If you suspect that a child has or is being abused or neglected, they will be in need of protection. When there is a child protection concern, you must call the police and refer the circumstances to local social services immediately. This includes children who: + + + +- + + +may not be subject to immigration control + + +- + + +are with their parents or someone who has parental responsibility for them + + + + + +The welfare of the child must be ensured before any other form of action is taken. + + + +If the child is subject to immigration control you may, as an exceptional measure, detain them under immigration powers for a short period while alternative arrangements are made for their care. However, it should be noted, there has to be an administrative immigration basis for that detention, such as the need to identify and / or document the child. Children cannot be accommodated at Immigration Removal Centres. + + + +You may also come across children where there is no suspicion of abuse, but they are in a situation where they are in need of support. For example, a child who has a disability or a child w