Border Force report 2025: What hauliers must know
07 April 2025
On 25 March 2025, the Independent Chief Inspector of Borders and Immigration published a detailed report titled An Inspection of the Border Force Operation to Deter and Detect Clandestine Entrants to the UK (August 2024 – November 2024). The inspection scrutinised measures in place at key border locations, including Calais, Coquelles and Dunkerque, and shed light on the ongoing challenges faced by the transport industry in safeguarding the UK’s borders against clandestine entry.
The report presents a comprehensive analysis of the effectiveness of Border Force operations, evaluating several critical areas with direct implications for transport operators. A central focus of the inspection was on resource allocation and detection techniques. It assessed the extent to which Border Force is effectively deploying personnel and utilising technology to detect and prevent clandestine entrants. While progress has been observed, the report makes clear that continued investment in detection capabilities is required to bolster the efficiency of border security measures. For transport operators, this emphasises the necessity of maintaining robust vehicle security protocols to minimise the risk of breaches and potential penalties.
Stakeholder collaboration emerged as another key area of evaluation. The success of Border Force operations is heavily reliant on cooperation with security contractors, transport operators and French authorities. The report stresses the importance of strong inter-agency collaboration, alongside clear communication and coordination among all parties involved. For businesses within the transport sector, maintaining active engagement with Border Force and adhering to security protocols is essential in reducing the risk of operational disruption.
The enforcement of the Clandestine Entrant Civil Penalty Scheme (“CECPS”) was also critically reviewed. The Scheme holds vehicle owners and drivers accountable for adequately securing their vehicles against unauthorised access. Although the report acknowledges efforts to ensure compliance, it concludes that further refinements are needed to improve the Scheme’s implementation.
Since the start of 2022, the CECPS has recovered over £10 million in penalties, with an additional £26 million still outstanding, though some of this sum is considered uncollectable. This financial impact underlines the importance for haulage companies and transport operators to take proactive steps to secure their vehicles and avoid substantial penalties.
Significantly, the report notes a sharp decline in clandestine entrant referrals, dropping from over 56,000 in 2016 to approximately 5,000 in 2024. This trend suggests both a shift in patterns of entry and more effective enforcement but also indicates that the transport industry may be increasingly successful in playing its part in preventing clandestine entry.
Appeals is another area highlighted in the report that has “grown massively” since legislative changes were introduced. Prior to the changes, the CECPS received around 30 appeals annually. However, as of October 2024, there were 111 live appeal cases. This marked increase is attributed to the introduction of higher penalties in February 2023, combined with a narrowing of available defences against penalty imposition.
In addition, Regulation 16 of The Carriers’ Liability (Amendment) Regulations 2023, which came into force in February 2023, now mandates that: “A penalty notice relating to a penalty under S31A(1) or S32(2) of the Act must be issued before the end of 180 days beginning with the date on which the person became responsible for a clandestine entrant.” This regulatory change further shapes the enforcement landscape and underscores the need for operators to remain vigilant and compliant.
In response to the report’s findings, businesses operating in the transport sector are strongly encouraged to join the Clandestine Entrant Civil Penalty Accreditation Scheme (“Scheme”). Membership of the Scheme enables operators to demonstrate best practices in vehicle security, potentially reducing penalty exposure and reinforcing their commitment to maintaining border integrity. The Scheme offers benefits such as expert guidance on meeting security standards and reduced financial liability in the event of a penalty.
We are available to assist with the application process and provide tailored advice on how to meet the necessary compliance requirements.
If you would like to discuss the Clandestine Entrant Penalty Charge or wish to apply for the Scheme, please contact our Commercial Litigation team.
Written by Joanna Falk.
