Demonstrating Compliance with the Public Sector Equality Duty (PSED)
Due regard must be shown:
- decision-makers must be made aware of their duty to have ‘due regard’ and the aims of the duty
- due regard is fulfilled before and at the time a particular policy or operational activity, that will or might affect people with protected characteristics is under consideration, as well as at the time a decision is taken; it is not a box ticking exercise
- due regard involves a conscious approach and state of mind; the duty must be exercised with rigour and an open mind
- the duty cannot be delegated to another body and will always remain on the body subject to it
- the duty is a continuing one
- it is good practice for the public body to keep an adequate record showing that they have considered their equality duties and considered relevant questions
1. Name and outline of policy proposal, guidance, or operational activity
As part of the wider response to tackling illegal migration, the Home Office will pilot the use of electronic monitoring (EM) as a condition of immigration bail for those who make illegal and dangerous journeys to the UK. The pilot size will be up to 600 asylum seekers who are subject to EM and 600 further asylum seekers who form part of a control group.
This Pilot will examine the impact of EM on compliance with immigration bail and the asylum process. At the end of the pilot, recommendations will be made regarding the efficacy of using EM as a means to improve and maintain regular contact management with asylum claimants who arrive in the UK via illegal and dangerous routes in order to progress their case. We will also be able to test the rate of absconding and obtain data on how frequently this happens, as well as developing a greater understanding of the stages in the process it is likely to occur and establish if electronic monitoring and associated improvements in contact management prevent absconding. If anyone does abscond and therefore breaches their conditions of bail, we will also be able to test whether we are able to use this knowledge to more effectively re-establish contact with individuals or locate them for removal or detention if appropriate in their case.
Those selected for EM will all have made an illegal and dangerous journey to the UK, are being placed on immigration bail and will fall into one or more of the following groups:
- potentially inadmissible (including those who will transfer to Rwanda under the new partnership agreement)
- those suitable for consideration under the Detained Asylum Casework (DAC) process and
- failed asylum seekers (FAS)
It will not include:
- under 18s or those claiming to be under 18 who do not appear to be significantly above that age
- pregnant women from week 18 of the pregnancy to 3 months post-partum
- any person who has been detained under the Mental Health Act 1983 and who remains subject to a supervision order
An EM service is not currently available to the Home Office in Scotland or Northern Ireland. While that remains the case, those who will be accommodated in either jurisdiction will not be included in the pilot. However, should an EM Service become available, individuals accommodated in that jurisdiction will become eligible for inclusion in the pilot.