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The Ethical Decision-Making Model

This document introduces an Ethical Decision-Making Model for Home Office staff to use when making difficult decisions. It was created in response to criticisms in the Windrush Lessons Learned Review about some immigration decisions. The model is meant to help staff identify any ethical issues or unintended consequences with a proposed decision and resolve them or escalate them if needed to ensure the right decision is made. It encourages critical thinking within the existing legal framework and does not replace current rules or provide a way to exercise discretion, but rather prompts consideration of issues and escalation when needed.

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Prabhakar Dubey
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51 views6 pages

The Ethical Decision-Making Model

This document introduces an Ethical Decision-Making Model for Home Office staff to use when making difficult decisions. It was created in response to criticisms in the Windrush Lessons Learned Review about some immigration decisions. The model is meant to help staff identify any ethical issues or unintended consequences with a proposed decision and resolve them or escalate them if needed to ensure the right decision is made. It encourages critical thinking within the existing legal framework and does not replace current rules or provide a way to exercise discretion, but rather prompts consideration of issues and escalation when needed.

Uploaded by

Prabhakar Dubey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 6

The Ethical Decision-Making Model

Version 1.0

A tool to help Home Office staff when making decisions involving difficult ethical
issues.

Page 1 of 6 Published for Home Office staff on 11 November 2021


Contents
Contents......................................................................................................................... 2
About this guidance ....................................................................................................... 3
Contacts ..................................................................................................................... 3
Publication.................................................................................................................. 3
Changes from last version of this guidance .............................................................. 3
The Ethical Decision-Making Model.............................................................................. 4
Why do we have the model? ..................................................................................... 4
Using the Ethical Decision-Making Model................................................................. 4

Page 2 of 6 Published for Home Office staff on 11 November 2021


About this guidance
This guidance tells Migration and Borders decision-makers about the Ethical
Decision-Making Model and how to use it.

Contacts
If you have any questions about the guidance and your line manager or senior
caseworker cannot help you or you think that the guidance has factual errors then
email Windrush Immigration Implementation Unit.

If you notice any formatting errors in this guidance (broken links, spelling mistakes
and so on) or have any comments about the layout or navigability of the guidance
then you can email the Guidance Rules and Forms team.

Publication
Below is information on when this version of the guidance was published:

• version 1.0
• published for Home Office staff on 11 November 2021

Changes from last version of this guidance


None. This is the first version of this publication.

Related content
Home Office Values
Contents

Related external links


Civil Service Code
Windrush Lessons Learned Review

Page 3 of 6 Published for Home Office staff on 11 November 2021


The Ethical Decision-Making Model
Why do we have the model?
The Windrush Lessons Learned Review (published March 2020) was critical of the
immigration decision-making process, including the quality of some decisions made
and the lack of engagement and empathy with customers. The review found that
decisions were sometimes based on completing a checklist, rather than assessing or
evaluating a case in its full context.

The Windrush Lessons Learned Review recommended that:

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 Ethical Decision-Making Model is a tool for staff to use when making decisions.
The purpose is to enable staff to articulate and raise concerns and to seek resolution
ensuring that the right decision is made first time. This model addresses the issues
that were identified by the Windrush Lessons Learned Review, where staff were
aware that unintended impacts of Home Office decisions were occurring, but the
culture and processes did not facilitate those concerns being raised or addressed.

The model introduces a step in the decision-making process, that prompts decision-
makers to consider this ethical decision-making model and the impact of their
proposed decision. This enables a decision-maker to consider any issues that cause
“decision discomfort” - where a decision-maker feels that the proposed outcome is
not right. If a decision-maker finds themselves in this position, they may choose to
consult this guidance on the model, consider what discretion applies in the case,
discuss the case with a colleague or escalate the case to a senior manager or
another team for further consideration.

Using the Ethical Decision-Making Model


The Ethical Decision-Making Model is intended to help a decision-maker to articulate
and resolve ethical issues that you identify whilst considering what decision to make.
If you identify ethical issues, which give you concern about the impact of the decision
on the person you may resolve them yourself, or in discussion with colleagues, by
identifying solutions within the existing rules and guidance, including considering
what discretion is available to you. If you cannot resolve the issue within existing
rules and guidance or at your level of authority, you should escalate the issue for
further consideration.

Page 4 of 6 Published for Home Office staff on 11 November 2021


The model does not direct you as to what you should do or provide a “right answer”.
It encourages critical thinking. The model does not replace existing immigration
legislation, rules, or guidance, nor does it constitute a separate route for you to
exercise discretion or grant leave; rather, it prompts you to think critically about
exercising the discretion you already have and to escalate an issue where you feel
you cannot satisfactorily resolve the issue within the current legal and policy
framework.

The relevant, existing decision-making process should be followed to the point


where you have a proposed decision.

Once you have a proposed decision, you should reflect and consider the
potential impact of the decision.

Are there any ethical or unintended consequences of this proposed decision that
concern you?

If you do not have any concerns with the impact of the proposed decision, you can
proceed with decision.

Page 5 of 6 Published for Home Office staff on 11 November 2021


If you have concerns, follow the steps below:

1. What is it about the proposed decision that makes you feel uncomfortable?
2. Are you able to make a different decision by applying current rules and
guidance that resolves the issue?
3. If you cannot satisfactorily resolve the issue, or do not feel you have the
authority to take a different decision, you should discuss the case with
someone. This can be with your line manager, team leader or a colleague.
4. If you feel the issue is not satisfactorily resolved, you can escalate the case
through the escalation routes available to you for example Chief Caseworkers
Unit for Asylum and Protection and Customer Services, the Safety Valve
Mechanism for Immigration Enforcement, Guidance and Quality Team for
HMPO and your regional command centre for Border Force.

This model sits alongside the Home Office Values and the Civil Service Code, which
guide all of our actions and define our ethics.

Related content
Home Office Values
Contents

Related external links


Civil Service Code
Windrush Lessons Learned Review

Page 6 of 6 Published for Home Office staff on 11 November 2021

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