JUDICIAL REVIEW AND INJUNCTIONS This document replaces Chapter 60 of Enforcement Instructions.

ukbalogoExtracts here regarding children and families.  This has effect from 11 January 2010.


Section 3: Where standard notification may not required when setting removal directions

3.1 Exceptions to standard notification of removal
Below we detail the following exceptions to standard notification of removal:
•Certain medically documented cases;
•Certain cases involving children
•Certain cases where swift removal is required because of the best interests of another;
•Certain cases where swift removal is required to maintain order in removal centres;
•Where the removee consents to early removal;
•Port cases, where removal occurs within 7 days of refusal.

3.1.1 Medically documented cases
You may not need to provide standard notice of removal directions prior to removal where service of removal directions will create a risk of suicide or self harm and that risk is medically documented.

3.1.2 Children
You may not need to provide standard notice of removal directions prior to removal where you believe that it is not in the best interests of the individual concerned such as in the removal of unaccompanied children because of an abscond risk for example. This must be considered in liaison with Children’s Services and the receiving country.

3.1.3 Best interests of another
You may not need to provide standard notification of removal directions prior to removal where it is in the best interests of another because there is a threat or a credible risk that the removee would seek to harm other detainees if notified of removal (e.g. a parent threatening to harm his or her child) which could not be managed in another way.

3.2 Where a second period of notification is not needed following a failed removal.
Where a removal fails and we reset removal directions, it may not be necessary to give a second period of notification when:
•we re-set removal directions within 10 days of a failed removal;
•we re-set removal directions with the effect of splitting up families in exceptional circumstances following disruption which caused a previous removal attempt to fail.

3.2.2 Disruption – splitting family
You can consider splitting families at removal where a previous removal has been disrupted and it is thought splitting a family will prevent further disruption.
Where a removal has failed as a result of disruptive behaviour, when you reset removal directions you should inform the family and their representatives that should the next removal fail as a result of continued disruption, the family can be split and removed on separate flights, at a different date or time. If you think that this approach is necessary you should:
Reset removal directions for the family unit so that removal is scheduled for all family members at the same date and time, providing standard notification.
Simultaneously plan a fallback removal for family members on different flights. This can be at a different time or date i.e. split family members. Standard notification of removal is not required between the failed removal and the alternative split-family removal.
By informing family members of the fallback removal plan, the family will have had an opportunity to discuss both options with their legal representative before the first removal date and has therefore had sufficient notice of the removal.

Representatives should be notified if the first removal attempt fails so that they can raise any objections to the removal directions which split the family with the UKBA and access the courts if necessary.
You must fully consider the safety of individual family members and the impact on any children as a matter of paramount importance. You should contact the Office of the Children’s Champion to discuss plans.
UKBA must have regard to the need to safeguard and promote the welfare of children when carrying out their functions under section 55 of the Borders Citizenship and Immigration Bill 2009. Caseworkers must refer to: (this link does not work)
http://horizon.gws.gsi.gov.uk/portal/site/horizon-intranet/menuitem.317ac56a071f9f3a43757f10466b8a0c/?vgnextoid=c8ede24f4a604210VgnVCM2000003cb1a8c0RCRD (not available exyernally