In this research piece, ILPA makes the case that the Home Office are subject to certain legal duties relating to the EU settled status automated data checks.
These are (1) the public law duty to give reasons for the outcome of the checks where requested; (2) a requirement to exercise meaningful oversight of the checks, where the applicant has not passed, to ensure no error has occurred; and (3) a duty to provide meaningful information to the public regarding the logic the Home Office automated system will apply.
Further, miscellaneous, concerns are raised regarding the categories of benefit which contribute to the check, the timing of when the system communicates how many years the checks accept are covered by the applicant, and regarding avoiding data matching errors.
Finally, questions are raised with the Home Office, some of which arise from the details of this piece, while others seek more information about the checks in order to increase transparency.
- Document Date
- 2019-01-30
- Issue Number
- 19.01.35100