Chapter 28 - Compensation for claims arising from visa section decisions  

Chapter 28 - Compensation for claims arising from visa section decisions

28.1 - How to deal with a claim
When a complaint is received it should not automatically be assumed that compensation in the form of a payment of money will be required. In many cases a letter of apology may well satisfy a complainant. If a claim for monetary compensation is received the Entry Clearance Officer should send all correspondence, including itemised receipts etc, to ECO Support in

UK Border Agency, Visa Services Directorate as soon as possible. This is especially relevant when there is a threat of legal proceedings. Posts should acknowledge receipt of a claim, advising the individual that their claim has been forwarded to the FCO in London for consideration.

UK Border Agency, Visa Services Directorate will then consult with Legal Advisers, if necessary, as to whether an applicant has a sound basis for their claim. Posts should always refer compensation claims to

UK Border Agency, Visa Services Directorate, no matter how small the figure. If the payment is authorised by

UK Border Agency, Visa Services Directorate, Posts will be informed of the charging instructions.

28.2 - Consolatory payments for non-financial loss

General
These are claims arising from maladministration and are generally at the request of the Ombudsman. The following points should be noted:

• All payments of compensation in cases of maladministration are ex-gratia (done from a sense of moral obligation rather than because of any legal requirement).
• We will give due consideration to all claims whether they are made by the complainant direct, through representatives or the Ombudsman.
• Compensation for non-financial losses will only be paid in exceptional circumstances and only where there are sufficient compelling circumstances to justify such a payment (consolatory payment).
• Where there is no explicit request for a consolatory payment, we would, nevertheless, consider whether it would be appropriate to make such a payment.

How much will I be paid?

• Consolatory payments are in recognition of the exceptional distress, embarrassment, inconvenience, damage to health etc. caused.
• While account will be taken of the levels of distress, payments are consolation payments only and are not based on a comprehensive assessment of the distress actually suffered.
• Payments in many cases will be between £50 and £300. However, this may be increased up to £1,000 for more serious cases.

All cases will be considered on their own merits both in respect of whether a payment should be made, and how much compensation should be offered.