Home Department written question – answered at on 28 February 2013.
To ask the Secretary of State for the Home Department
(1) with reference to the letter from the Minister for Immigration to the hon. Member for Witham of 15 November 2012 concerning a constituent Mr Andrew Ryman, whether officials will be instructed to (a) review the case and offer further compensation to Mr Ryman in relation to the wrongful seizure of his vehicle and (b) cover the full costs of repairing and recovering Mr Ryman's vehicle;
(2) how many people have had their (a) vehicles and (b) other property wrongfully seized by UK Border Force officials in each of the last five years; what the total value of (i) compensation and (ii) ex gratia payments made to such people was; and what the average time taken to settle each claim was;
(3) what steps she has put in place to ensure that all persons whose property is wrongfully seized by UK Border Force officials are promptly and fully compensated; and if she will make a statement.
holding answer
Officials have reviewed Mr Ryman's case and have agreed to offer compensation for recovery of the vehicle and replacement of its battery. A reply was sent to my hon. Friend from Border Force on
The figures for the number of successful challenges vehicles/goods do not distinguish between vehicles and goods, as such total figures provided confirm the success rate as follows:
Percentage | ||
Border force successful | Client successful | |
December 2010 to March 2011 | 90.48 | 9.52 |
April 2011 to March 2012 | 90.49 | 9.51 |
April 2012 to date | 93.47 | 6.53 |
The total value of ex gratia payment figures are only available from April 2010, and in that period to date the total value of ex gratia payments was: £328,941.10.
Responsibility for determining the lawfulness of vehicle and property (goods) seizures sits with magistrates court, with successful challenges dealt with by way of an order for dismissal, not wrongful seizure. We are unable to give an average time to settle each claim as this will depend on negotiations with individuals to settle on agreed amount for ex gratia payment. On receipt of this ‘agreement' the National Post Seizure Unit would aim to process claim within five working days.
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