The UK Border Agency: after four years, a car crash in slow motion finally comes to a stop

The agency that's caused so much misery and cruelty is to be restructured, but without proper resources its successor won't be able to avoid the same mistakes.

If you want to understand the misery the UK Border Agency (UKBA) has created in its four troubled years, you don’t want to start with the really juicy stuff - the acts of unwarranted violence against people it’s attempted to boot out of the country, the detention of rape victims, the numerous alleged cases of those deported, only to be tortured. Ignore that for now.

No, the devil’s in the more mundane cases. Like that of Emily Deane, 29, who’s been told she’ll be sent back to her native Philippines before the end of the month, forcing her to decide whether to take her one-year-old daughter, Lucy, with her, or leave her child with her husband.

Deane married Brian, from Preston, in the United Arab Emirates. They returned to the UK in September, and had intended to remain for no more than six months, but Brian lost his sales job with the medical company that employed him in the UAE.

Due to bad legal advice, they’d applied for the wrong type of visa, so began applying for Deane to receive permanent residency to remain in the country. But now they were trapped in the proverbial Kafkaesque bureaucratic nightmare. Sceptical immigration officials began questioning whether the couple really had a baby together. On Monday, they 
were told their application had been rejected.

Brian told the Lancashire Evening Post: “My wife already has a visa to visit the UK which expires soon and I am told the main reason is because we have applied for a permanent visa from within the UK. I can only assume they have thrown all this other nonsense at us about the marriage not being valid and saying we "claim" to have a daughter to back themselves up. If they don’t believe I have a daughter, I’ll take her along to meet them – and take a dirty nappy with me.”

Craig Colville, 31, from Wales, married Crystal, from Vancouver, last year. Crystal applied to change her visa. That the UKBA rejected her was a shock - but more surprising was the reason: “Your spouse (Craig) does not hold settled status, is not a British Citizen and is not a person with refugee leave/humanitarian protection." Craig was born in St Asaph in Wales, works in Mold and has lived in Chester for just under a year.

The letter allowed the couple to appeal, but the Border Agency replied saying the appeal had been quashed because the Colvilles missed the deadline. In this new letter, there was a new deadline as the Agency had failed to take the weekends into account. Craig told the Denbighshire Free Press: "The Border Agency are still holding Crystal's passport, which means she can't return home to see her family. Her brother is quadraplegic and she hasn't seen him in two years."

I could keep going with these ludicrous, cruel little examples of families torn apart by bureaucratic incompetence, but I expect you’re getting the picture.

The UK Border Agency was, of course, a body born of chaos. As the Guardian recently pointed out, “The stunning thing is that some people still stuck in the backlog of 310,000 cases that sealed UKBA's death warrant are actually a direct legacy from that [late 1990s] breakdown in the system.” A botched computerisation saw its backlog of cases soar into the hundreds of thousands, while it struggled to deal with the move from a paper to a computer-based system.

In 2006 the Home Secretary Charles Clarke lost his job because his department had lost track of released foreign national prisoners. Something had to be done, and the result was the creation of the Border and Immigration Agency - and then in 2008, UKBA, following a merger with UK visas and customs staff.

The problem was that all this rejigging never solved the fundamental problems of creaking systems and an insurmountable backlog. The new body, now at arm’s length and less accountable to parliamentary scrutiny, was shambolic and, as Theresa May would this week conclude, “secretive and defensive”.

Nowhere was this clearer than in its use of outsourcing. In the great game of providing jobs for the boys, UKBA was in a league of its own. Like many government entities, it felt the safest option was to give contracts to giant corporations, regardless of expertise or know-how. So this month we learned that G4S, which has no previous experience of providing social housing, is struggling to provide housing for asylum seekers. One of the firm's subcontractors has already resigned because it is not up to the task, while two others have “expressed concerns” about being able to provide the requisite services.

But incompetence is one thing - cruelty quite another. The fact the new body was kept at arm’s length lead Theresa May to conclude it had created a "closed, secretive and defensive" culture. Staff from sub-contractor Reliance were transporting Roseline Akhalu when she ended up pissing all over herself because she wasn't allowed to use a toilet. Staff from Tascor - which superceded Reliance - allegedly beat Marius Betondi and broke his nose during a failed deportation attempt. That was one of thousands of distressing cases, the product of a system in chaos.

The failure to prosecute G4S staff over the death of Jimmy Mubenga has been described as “perverse” by the former Chief Inspector of Prisons. Just as it failed to protect victims of torture, so the system failed to protect victims of slavery. The right-wing Centre for Social Justice (CSJ) found a litany of flaws in UKBA's procedures and concluded that “too often the CSJ has been told that UKBA involvement in the . . .  process acts as a major barrier to victims [of slavery] to make a referral.”

We have been told about the restructuring plans. But restructuring last time round only made the mess worse, because the root causes of the problem weren’t addressed.

As Andy Jennings of the PCS told BBC Breakfast this morning: “This has been a car crash in slow motion, there have been endemic failures for a number of years because there has not been enough staff to do the job. The line given by Theresa May ignores the fundamental issues.”

The work of Mark Sedwell, the permanent secretary at the Home Office, in trying to stop the car crash can only be applauded. But without proper resources, the misery, incompetence and cruelty will only continue.

David Cameron talks to UKBA workers, who are not suspected of any misconduct, at Heathrow Airport. Photograph: Getty Images

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

Photo: Getty
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PMQs review: Jeremy Corbyn prompts Tory outrage as he blames Grenfell Tower fire on austerity

To Conservative cries of "shame on you!", the Labour leader warned that "we all pay a price in public safety" for spending cuts.

A fortnight after the Grenfell Tower fire erupted, the tragedy continues to cast a shadow over British politics. Rather than probing Theresa May on the DUP deal, Jeremy Corbyn asked a series of forensic questions on the incident, in which at least 79 people are confirmed to have died.

In the first PMQs of the new parliament, May revealed that the number of buildings that had failed fire safety tests had risen to 120 (a 100 per cent failure rate) and that the cladding used on Grenfell Tower was "non-compliant" with building regulations (Corbyn had asked whether it was "legal").

After several factual questions, the Labour leader rose to his political argument. To cries of "shame on you!" from Tory MPs, he warned that local authority cuts of 40 per cent meant "we all pay a price in public safety". Corbyn added: “What the tragedy of Grenfell Tower has exposed is the disastrous effects of austerity. The disregard for working-class communities, the terrible consequences of deregulation and cutting corners." Corbyn noted that 11,000 firefighters had been cut and that the public sector pay cap (which Labour has tabled a Queen's Speech amendment against) was hindering recruitment. "This disaster must be a wake-up call," he concluded.

But May, who fared better than many expected, had a ready retort. "The cladding of tower blocks did not start under this government, it did not start under the previous coalition governments, the cladding of tower blocks began under the Blair government," she said. “In 2005 it was a Labour government that introduced the regulatory reform fire safety order which changed the requirements to inspect a building on fire safety from the local fire authority to a 'responsible person'." In this regard, however, Corbyn's lack of frontbench experience is a virtue – no action by the last Labour government can be pinned on him. 

Whether or not the Conservatives accept the link between Grenfell and austerity, their reluctance to defend continued cuts shows an awareness of how politically vulnerable they have become (No10 has announced that the public sector pay cap is under review).

Though Tory MP Philip Davies accused May of having an "aversion" to policies "that might be popular with the public" (he demanded the abolition of the 0.7 per cent foreign aid target), there was little dissent from the backbenches – reflecting the new consensus that the Prime Minister is safe (in the absence of an attractive alternative).

And May, whose jokes sometimes fall painfully flat, was able to accuse Corbyn of saying "one thing to the many and another thing to the few" in reference to his alleged Trident comments to Glastonbury festival founder Michael Eavis. But the Labour leader, no longer looking fearfully over his shoulder, displayed his increased authority today. Though the Conservatives may jeer him, the lingering fear in Tory minds is that they and the country are on divergent paths. 

George Eaton is political editor of the New Statesman.

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