Ombudsman publishes
report on UK Border Agency - Embargoed until 00.01, 9 February 2010
The Parliamentary
Ombudsman, Ann Abraham, today published ‘Fast and fair?’ a report
on the UK Border Agency (the Agency).
The Agency have consistently generated a large number of
complaints to the Ombudsman. In the first nine months of 2009-10
the Ombudsman received 478 complaints about the Agency and
reported on 33 investigations of which 97% were upheld in full or
in part.
‘Fast and Fair?’ includes eleven case studies that reflect the
large number and wide range of complaints referred to the
Ombudsman by Members of Parliament.
The cases involve applications for asylum, as well as the
Agency’s core immigration and nationality work and applications
for residence cards, which confirm rights of residence under
European law.
In the report Ann Abraham said;
Over the past three years we have had an open and constructive
dialogue with the Agency, at both senior and operational levels,
about the need for improvements in their service to users and
their complaint handling performance.
We have seen progress, but the Agency still have a long way to go
on their journey to being able to demonstrate to us that they are
meeting the Ombudsman’s Principles of Good Administration,
Principles of Good Complaint Handling and Principles for Remedy.
‘Fast and Fair?’ clearly demonstrates that the Agency’s failure
to resolve applications within reasonable timescales can have
serious implications for the individuals involved, for society in
general and for the public purse.
In the case of Mr P, a Jamaican man who was granted indefinite
leave to remain in the UK in 1990, it took three and a half years
for the Agency to provide him with a No Time Limit (NTL) stamp
confirming his right to stay in the UK for his new 2004 Jamaican
passport.
During this time Mr P was threatened with deportation and missed
the funerals of his father and sister and was unable to visit his
ill mother as he was afraid he would not be allowed back into the
country.
The Ombudsman upheld Mr P’s complaint. The Agency agreed to
apologise unreservedly and he received fee refunds of £755 and
£2,500 in compensation for the severe distress, inconvenience and
embarrassment.
Ann Abraham said:
The Agency have made significant progress in recent years towards
clearing their backlogs, although progress has been slow because
of the scale of the problem. They need to make sustained and
consistent progress towards their commitment to meeting their
service standards, clearing existing backlogs and avoiding them in
future – because the implications of them not doing so are serious
and far-reaching, both for the individuals caught up in the system
and for society as a whole.
Given the scale of the problem, there can be no short-term fix,
and the resolution will need to be founded on clear and consistent
priorities, supported by good forward planning and adequate
resources. I hope that the lessons to be learnt from this report
will also be of benefit to the Agency as they continue on their
journey to improved customer service and complaint handling.
The Ombudsman’s role is not to inspect the Agency’s functions or
to report on its effectiveness. However, in publishing the report
the Ombudsman hopes that the issues identified will be of wider
public interest, drive service improvement and inform public
policy.
Ends.
Note to editors:
1. Ann Abraham holds the post of UK
Parliamentary Ombudsman and is also Health Service Ombudsman for
England. She is appointed by the Crown and is completely
independent of Government and the NHS. Her role is to provide a
service to the public by undertaking independent investigations
into complaints that government departments, a range of other
public bodies in the UK, and the NHS in England, have not acted
properly or fairly or have provided a poor service. There is no
charge for using the Ombudsman's services.
2. Number of complaints: In 2008-09 the Parliamentary
Ombudsman received 7,608 enquiries about government departments
and public bodies (excluding health). There was an 8.8 per cent
increase in the number of complaints. The Parliamentary Ombudsman
received 517 complaints about the UKBA during the same period.
3. Publication details: Parliamentary and Health Service
Ombudsman, ‘Fast and fair?’ A report by the Parliamentary
Ombudsman on the UK Border Agency, HC 329,
8 February 2010,
Press copies of the report are available at www.ombudsman.org.uk or
from the Communications Team, Parliamentary and Health Service
Ombudsman, Millbank Tower, Millbank, London SW1P 4QP
4. Media Enquiries: For other media enquiries please contact
the PHSO Press Office on 0300 061 4996.
Contacts:
NDS Enquiries
Phone: For enquiries please contact the above department
ndsenquiries@coi.gsi.gov.uk