The 'Ethical Decision-Making Model' Tool For Home Office Staff

• Published date: 10 January 2022
• Subject Matter: Immigration, General Immigration, Work Visas
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Mr Alex Papasotiriou

On 11 November 2021, the Home Office published guidance for its caseworker titled 'The Ethical Decision-Making Model', described as a tool to help Home Office staff when making decisions involving difficult ethical issues.

The 'Ethical Decision-Making Model' Tool For Home Office Staff

This guidance was created and published in the aftermath of the Windrush Scandal and at the recommendation of the Windrush Lessons Learned Review, albeit more than a year and a half following the publication of the latter. The Review stated as follows:

The combination of pressure to meet targets (discussed in detail later), decision-making based on checklists, and the high standard of proof expected of applicants led to a cultural tendency to reject applications based on an assumption that individuals weren't in the country legally. While standards may not have been explicit in the rules and guidance, their phrasing creates an environment for staff to reject rather than be proportionate or objective in each case.

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The pressure to resolve large volumes of cases also restricted the ability of staff to routinely exercise discretion in their decision-making. Our review of the Windrush case files shows decisions were made by completing a checklist rather than assessing or evaluating an application, and the rationale for the ultimate decision was rarely recorded. If case workers did ask for advice, or get it, in most cases this wasn't recorded on the system.

The Review made a set of recommendations, of which recommendations 17-20 were under the heading 'Improve operational practice, decision-making and help for people at risk'. Recommendation 17 is cited in the guidance as relevant to the creation of the Ethical Decision-Making Model. It states:

The Home Office should develop a set of ethical standards and an ethical decision-making model, built on the Civil Service Code and principles of fairness, rigour and humanity, that BICS staff at all levels understand, and are accountable for upholding. The focus should be on getting the decision right first time. The ethical framework should be a public document and available on the department's website. A system for monitoring compliance with the ethical standard should be built into the Performance Development Review process. (Recommendation 17)

The guidance states that the purpose of the Ethical Decision-Making Model is to enable staff to consider the impact of their proposed decision, consider any issues that cause "decision...