Inquiries and legal proceedings

We've launched our first Inquiry

The IMA has launched its first Inquiry into the EUSS Certificate of Application delays

IMA launches inquiry to investigate EUSS Certificate of Application delays

If we believe there may have been a failure or imminent failure in the way in which a UK authority has implemented the citizens’ rights agreements, we can use our powers of inquiry to hold public bodies to account.

We may conduct an inquiry for one of three reasons:
- as a result of a complaint or series of complaints
- as a result of our own monitoring and intelligence gathering
- following a request from a Secretary of State (SoS), Scottish Minister, Welsh Minister or Executive Office in Northern Ireland
We will look for systemic failings to ensure the fair treatment of EU, EEA and EFTA citizens and their family members.

We will not carry out an inquiry unless we have reasonable grounds to conclude that a failure has or is about to occur.

We will set out our concerns to the relevant public body with regards to the way they have interpreted or implemented legal requirements.

Following an inquiry, we will publish reports which set out our conclusions and any recommendations for the public body to address the issue raised.  The public body will be expected to confirm what actions they will be taking to each recommendation.
We are able to bring or intervene in legal proceedings (legal cases) where we consider it appropriate to do so in order to promote the adequate and effective implementation or application of Part 2 of the Withdrawal Agreement and Part 2 of the EEA EFTA Separation Agreement.

The factors we consider before using our litigation powers are set out in Volume 5 of the Operational Guidance. We will only intervene in a case where we are satisfied that the IMA’s contribution will add value to the proceedings and assist the court in its determination.

Whilst we are not able to intervene in every case, we are always keen to hear from practitioners, organisations and individuals who are involved in legal proceedings which concern citizens’ Part 2 rights. Individual cases could, for example, highlight a wider issue that we may wish to investigate further. In the event you would like us to be aware of any proceedings or potential proceedings that you are involved in, please let us know by emailing IMA@ima-citizensrights.org.uk

Litigation

Pre-settled status to settled status

The IMA has received permission to proceed with a judicial review claim against the Home Office regarding pre-settled to settled status. We have published more information and details of the permission order on our news page.

Fratila

The IMA previously intervened within the Supreme Court proceedings in Fratila. A link to the Supreme Court’s judgment in that case is here.