Select Committee on Home Affairs Written Evidence


Annex A

FAST-TRACK ASYLUM PILOT—RESPONSES TO QUESTIONNAIRE SENT TO SUPPLIERS

HOW MANY RESPONSES?

  Thirty-five questionnaires were sent out.

  Twenty responses were received. Of those, 18 questionnaires were returned. In addition, one supplier responded to say that they have withdrawn from the scheme and one is planning to withdraw.

  Of the 18 questionnaires returned:

  Two suppliers have not been called and were therefore unable to comment.

  One supplier had only had one fast-track client who had voluntarily returned immediately, and they were therefore unable to comment on the scheme.

  Therefore, 15 questionnaires were returned completed or partly completed.

QUESTIONNAIRE RESPONSES

1.  Has any aspect of the Fast-Track arrangements caused you difficulties in gaining access to your client at any time?
Yes  [10]No  [5]


Comments

    —  Hard to get letter of introduction to interpreter because of short notice—therefore denied access.

    —  Group 4 said need 24 hours notice. Group 4 seemed unaware of the scheme.

    —  Telephone contact is very difficult, as is faxing documents to the client.

    —  Harmondsworth switchboard is appalling—get cut off.

    —  Client not yet at Harmondsworth.

    —  Long waiting time at Hardmonsworth before accessing client.

    —  Mere fact that the client is in detention impedes access.

2.  Initial Decision:

  Have the short time limits for initial decision-making caused you any problems preparing a case allocated to you:        
Yes  [9]No  [4] Other  [2]
2 respondents had not answered the question


  And in particular, with regard to any of the following:

    (a)  Taking instructions and advising the client:  

Yes  [6]<ntNo  [8]<ntOther  [1]<et<nt<nt1 respondent had not answered the question<et

    (b)  Obtaining medical reports:
Yes  [9]No  [2] Other  [4]
4 respondents answered Not Applicable.


    (c)  Obtaining witness statements:
Yes  [8]No  [5] Other  [2]
1 respondent had not answered the question
1 respondent answered Not Applicable


    (d)  Obtaining country information:
Yes  [7]No  [8]


    (e)  Instructing experts:
Yes  [7]No  [4] Other  [4]
4 respondents answered Not Applicable.


Comments

    —  Difficult to get interpreter and witness statements at short notice. Limited time to search for information and prepare bundle.

    —  Necessary to spend a lot of time out of the office and on travel and waiting. Short time period to prepare.

    —  Long delays before interview with client with no explanation.

    —  Time between notification and Home Office interview is insufficient to take instructions and advise client properly. Speed kills.

    —  Short time between notification and interview means difficult to engage an interpreter. Language line is helpful but not a perfect substitute for an interpreter who is present. Telephone interpreting is more time consuming. This leaves less time with the client.

    —  Unable to provide a medical report or instruct a medical expert due to short time frame.

    —  Representative given only one hour with client prior to interview. Negotiated two hours but were interrupted a number by the immigration officer asking if they were finished.

    —  Experienced counsel are difficult to obtain.

    —  Timeframe is too short to prepare.

    —  Timeframe is simply too short to get an expert opinion—busy professionals cannot do quality work in such a short time. The IAA does not take these factors into account when ruling on requests for adjournments to allow time to obtain a report.

    —  Client was deprived of the opportunity to obtain documentary evidence from his own country. An application for postponement of the decision for removal from the fast track was rejected.

3.  Have you had any difficulties gaining access to interpreters?
Yes  [5]No  [9] Other  [1]
1 respondent had not answered the question


Comments

    —  Timeframe too short.

    —  Dealt with problems of obtaining interpreters by using language line and solicitors translating.

    —  Interpreters sometimes reluctant to take on work at short notice x 4.

    —  Languageline although helpful, is not appropriate, particularly for new and fearful clients.

4.  Preparing Appeals

  Have the short time limits provided for preparing and lodging appeals caused you any problems with any of the following:

    (a)  Taking further instructions from the client:  
Yes  [6]No  [5] Other  [4]
2 respondents had not had any cases go to appeal
1 respondent had not answered the question
1 respondent was unable to grant CLR due to CLS guidelines


    (b)  Drafting grounds of appeal:
Yes  [3]No  [8] Other  [4]
2 respondents had not had any cases go to appeal
1 respondent had not answered the question
1 respondent was unable to grant CLR due to CLS guidelines


    (c)  Instructing Counsel:
Yes  [4]No  [5] Other  [6]
2 respondents had not had any cases go to appeal
1 respondent had not answered the question
1 respondent was unable to grant CLR due to CLS guidelines
2 respondents answered Not Applicable


    (d)  Instructing experts:
Yes  [5]No  [3] Other  [7]
2 respondents had not had any cases go to appeal
2 respondents answered Not Applicable
1 respondent was unable to grant CLR due to CLS guidelines
2 respondents had not answered the question


    (e)  Collating country information:
Yes  [5]No  [6] Other  [4]
2 respondents had not had any cases go to appeal
1 respondent had not answered the question
1 respondent was unable to grant CLR due to CLS guidelines

    (f)  Preparing appeal bundles:
Yes  [6]No  [5] Other  [4]
2 respondents had not had any cases go to appeal
1 respondent had not answered the question
1 respondent was unable to grant CLR due to CLS guidelines

Comments

    —  Problem getting documentary evidence from Pakistan.

    —  Shortage of time means that preparation is rushed and not as good as it should be.

    —  Problems caused if need to re-visit the client to complete instructions—must put everything else aside.

    —  Work is extremely pressurised.

    —  Very little time for any other work following taking instructions.

    —  Refusal letter did not refer to objective information so preparation was very difficult.

    —  Little time to prepare court bundles.

    —  Unavoidable difficulty in finding counsel and/or free to accept matters at very short notice.

    —  Problem due to lack of time to obtain relevant documentary evidence about the country client fled.

    —  The need to be on standby causes a strain especially if cases are not allocated, but not free to take on other work.

5.  How has your involvement in the Fast-Track pilot affected the remainder of your caseload?
Yes  [11]No  [3] Other  [1]
One respondent had not answered the question


Comments

    —  We have made strategic plans.

    —  We block out the time in diary but a substantial amount of time is required within the following two weeks. This inevitably requires the rescheduling of other non-urgent work.

    —  We have enough capacity to cope with the additional work coming through the scheme.

    —  We have reduced the number of cases taken on and reallocated existing work.

    —  Disruption to two consecutive days work/caseload is inevitable due to attending Harmondsworth, which is a full day's job.

    —  Need to ensure cover for rest of caseload when out of the office and when preparing papers in office.

    —  Caseload gets neglected whilst we attend to clients under the fast track.

    —  Messes up my timetable on other casework. End up staying late/working on Sundays to catch up.

    —  Much more time and resources have to be reallocated for the fast track.

    —  Although we are a small firm (three solicitors) we have been able to manage our existing caseload relatively well with this added responsibility.

    —  Other caseworkers help me with my caseload.

    —  Very badly. I cannot give any attention to the remainder of the caseload. The fast track case becomes the sole activity for about 10 days.

    —  Have to abandon other casework to a certain extent so that we can concentrate and focus on the fast track case so that can comply with the deadlines.

    —  Short notice and travel to Harmondsworth means a large amount of time is spent outside the office. Usually have to attend Harmondsworth three times in five days.

6.  Have you experienced any difficulties with the out of hours aspect of the scheme?
Yes  [4]No  [10] Other  [1]
One respondent had not answered the question


Comments

    —  Denied access by Group 4. Group 4 needs to be aware of the duty scheme. They are unaware of the time limits.

    —  One, pay rates too low.

    —  Happy to work under the duty scheme, but the time limits must be reconsidered.

    —  Out of office time ie social/family/personal life is "bought" and retained for the ridiculous fee of £4.25 per hour.

    —  We were led to believe that a 9.00 pm finish would be very unusual, but it has happened on the two times we have been called.

    —  It affects my family and social life. I work under the scheme as I do not wish to be left out. I fear my livelihood in case the pilot becomes the norm.

    —  Have to pay out costs for safety late at night.



 
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Prepared 26 January 2004