Changes to the UK’s Clandestine Entrant Civil Penalty Scheme came into force on 1 January, following long-standing criticism from the road transport sector and an independent inspection that found the system to be poorly managed and disproportionate.
Under the revised guidance issued by the UK Home Office, drivers who can demonstrate full compliance with vehicle security and checking requirements may now receive a £0 penalty, down from a previous maximum of £10,000 per clandestine entrant.
Previously, drivers and operators were typically fined whenever people were discovered hidden in vehicles bound for the UK, even when they had taken preventive measures. Although penalties could be reduced, full compliance did not guarantee that fines would be waived.
An inspection by the Independent Chief Inspector of Borders and Immigration criticised the scheme for inconsistent decision-making, inadequate staff training and penalties that were not proportionate to responsibility.
The updated guidance reflects several of the inspectorate’s recommendations, introducing clearer criteria for assessing whether drivers and operators took “effective measures” to prevent unauthorised entry.
What drivers must still prove
The changes do not amount to an amnesty. Border Force officers continue to assess each case individually, and drivers must be able to provide evidence that they complied with all prevention requirements.
This includes:
- Securing the vehicle correctly
- Carrying out checks at every stop
- Using appropriate locks, seals or security systems
- Keeping written or digital records of inspections
If these conditions are not met, penalties may still be imposed.
Operators remain under scrutiny
Hauliers can also benefit from reduced penalties, but the Home Office continues to assess company-level systems, including driver training, written procedures and internal controls. Repeated incidents without corrective action may still result in fines.
More reforms expected
The Home Office has indicated that further improvements are planned as it continues to implement the inspectorate’s recommendations. These are expected to focus on clearer guidance, more consistent case handling and better communication with drivers and operators.
For now, the changes mark a significant shift in principle — recognising that drivers who follow the rules should not be penalised simply because they become targets of people-smuggling attempts.
