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From 1 January 2026, the Home Office has implemented changes to the Clandestine Entrant Civil Penalty Scheme (“CECPS”) which allow financial penalties to be reduced to £0 where hauliers and drivers can demonstrate full compliance with the scheme’s prevention requirements. This represents a significant shift from the previous regime, under which penalties of up to £10,000 per clandestine entrant could be imposed with only a 50% reduction applied if operators were a member of the ECCPS and drivers being fine the full sum. The reality of this was compliant operators still received hefty fines despite membership of the CECPS and being fully compliant with the Regulations.
The revised approach follows sustained industry pressure and a number of successful legal challenges brought by operators who were fined despite having complied with all required security checks and procedures. The changes also reflect the findings of an Independent Chief Inspector of Borders and Immigration report, which identified that the scheme was under-resourced and that compliant drivers and operators were being disproportionately penalised.
The revised approach also follows sustained challenge and engagement by the Road Haulage Association (“RHA”), which has long raised concerns about the operation of the CECPS and supported members in contesting penalties where drivers had complied with all required security measures and checks.
Although the government initially indicated that reforms would be implemented over a 12–18 month period, the Home Office has now brought forward key changes. Further amendments to the operation of the scheme are expected as the remaining recommendations from the independent inspection are implemented.
While the removal of fines for compliant operators is a welcome development, compliance with the CECPS remains critical. Drivers and operators must continue to carry out all prescribed checks and security measures and must be able to evidence those steps in the event of an inspection. Where compliance cannot be demonstrated, civil penalties may still be imposed.
Where a penalty is issued, our Commercial Litigation team has experience assisting hauliers and operators with Notices of Objection and appeals, and can advise on the appropriate strategy for challenging penalties issued under the CECPS.
If you have received a penalty under the Clandestine Entrant Civil Penalty Scheme, or want advice on demonstrating compliance and reducing your risk exposure, our Commercial Litigation team can help.
Contact Backhouse Jones today for specialist advice on Notices of Objection, appeals, and CECPS compliance.
This article was written by Joanna Falk.