6 Taking instructions

Taking instructions – the process where the OISC adviser finds out from the client the facts of a case, gives the client advice on what to do and receives directions (instructions) from the client of what they want the advisor to do next – is an important first step in providing advice.

Anyone who takes instructions usually needs to:

• listen effectively and actively
• ask questions (think in advance what the purpose of or reason for the question is)
• take notes, which need to be a complete and accurate record of the conversation
• keep records of the conversation securely
• comply with data protection legislation
• ensure confidentiality
• adopt an ethical approach, following professional standards.

Some of these points are similar to what is in the OISC’s Code of Standards.

Traditionally, instructions were always taken with the client – the individual making an immigration application – in a face-to-face interview. Where that is not possible, you need to ensure that your client is providing information willingly, without pressure from anyone else and on a secure medium.

A client will not necessarily know what information is needed and why.

Questions play a key role in obtaining all the necessary information. Using a standard set of questions will help you to take instructions, but every case is different: it’s important to be alert to additional information that may be of relevance and (from the facts your client has provided) to elicit information which you sense might be relevant.

A client has the right to request that the interview be recorded.

Activity 5: Note-taking

Timing: Allow about 10 minutes

Watch Video 1 and think about how you would take notes. How would you use those notes to produce a summary of information? Use the space below to record your thoughts.

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Transcript: Video 1 An overview of the UK’s legal systems and legislatures.

Edwin Parks

Hello, and welcome to this short video which explores how the immigration system fits within the UK’s legal systems. My name is Edwin Parks. I will be putting questions to my colleague, Carol Howells. So Carol, how would you describe the UK’s legal system?

Carol Howells

There is, in fact, no single UK-wide legal system. The UK has three separate but interlinked legal systems, each of which has its own characteristics and jurisdictions. This means that each has defined powers over certain geographical areas. In addition to those three legal systems, there are four legislatures: the UK Parliament, the Scottish Parliament, the Northern Ireland Assembly and the Senedd (the Welsh Parliament).

Edwin Parks

Carol, in describing the legal systems, you mentioned the term ‘legislature’. Can you explain what is meant by that term?

Carol Howells

Yes. Whilst we have three legal systems in the UK, there are in fact four legislatures. And a legislature is a state institution which has the power to make and unmake laws through both primary and subordinate legislation. They also scrutinise the work of government and they debate current issues. Immigration law, though, is known as a reserved matter. And this means that there are no differences in the law, which applies across the whole of the UK.

Edwin Parks

I see. So is the structure of each one of those legislatures the same?

Carol Howells

No. The structure of each of the legislatures differs. There is one bicameral parliament and three unicameral parliaments. The UK Parliament is bicameral. It has two chambers: the House of Commons and the House of Lords.

The UK Parliament makes laws for the whole of the UK on reserved matters, it makes laws for England, and can make laws for the devolved nations, with their agreement.

The Scottish Parliament is located in Edinburgh and has the power to make laws for Scotland on devolved matters.

The Welsh Parliament, known as the Senedd, is located in Cardiff and has power to make laws for Wales on devolved matters.

The Northern Ireland Assembly is located in Belfast and has responsibility for making laws on devolved and transferred matters.

Edwin Parks

You referred to devolved or transferred matters. What types of matters are devolved or transferred?

Carol Howells

So when the process of devolution began in the late 1990s, certain powers were devolved from the UK Parliament to the newly created legislatures in Northern Ireland, Scotland and Wales. However, there were matters where it was felt sensible to have a UK-wide regime, and areas like the constitution, defence, international relations and immigration were amongst the matters which were reserved to the UK Parliament.

Immigration is, therefore, an area in which there are UK-wide laws and regulations. Other matters, such as determining who has the right to vote in parliamentary elections, are now devolved and within the remit (otherwise known as the exclusive competence) of the devolved legislatures.

This means that anyone providing legal advice needs to check whether the matter is within the remit of the UK Parliament and a reserved matter, or is a devolved matter and within the remit of one of the other legislatures.

Edwin Parks

Interesting. But you said there are three jurisdictions. How does that work with four legislatures?

Carol Howells

So the UK has four legislatures, but three legal jurisdictions: the legal system in England and Wales, the legal system in Scotland, and the legal system in Northern Ireland. Each has jurisdiction over legal disputes occurring within their respective area. In civil matters, however, there is one final appeal court which is common across all three legal systems. This is the UK Supreme Court, which has power to hear civil appeals from courts in all three legal systems.

Edwin Parks

I want to move now from the general to the specific. I want to focus on immigration. In which courts are immigration disputes heard?

Carol Howells

Immigration law is a reserved matter, and disputes are generally heard by First-tier Immigration Tribunals. Immigration tribunals can be found across the UK in all three legal systems.

Edwin Parks

I see. And what can an immigration tribunal hear?

Carol Howells

Immigration tribunals are responsible for handling appeals against some of the decisions made by the Home Office; in particular, decisions which relate to permission to stay in the UK, deportation from the UK or entry clearance to the UK. They also handle applications for immigration bail from people being held by the Home Office on immigration matters.

Appeals can be made to the First-tier Tribunal. The tribunal is independent of government. A judge will listen to both sides of the argument presented before reaching a decision.

Edwin Parks

Suppose I don’t like the decision the First-tier Tribunal makes. Can I appeal against that decision?

Carol Howells

When an individual is unhappy with the decision of the First-tier Tribunal, they can appeal to the Upper Tribunal. But this can only be done on the grounds that the tribunal has made an error of law. From the Upper Tribunal, appeals can be made to the courts. If an individual does not have the right to appeal, they can, however, also ask the Home Office for an administrative review.

Edwin Parks

We hope this brief overview of the UK’s legal systems and legislatures has been helpful. Whilst immigration law and the tribunal system which hears immigration cases is UK-wide, other matters that touch upon the lives of those seeking residence in the UK – matters such as education or the right to vote in elections – do differ. For those of you handling immigration cases, you need to have an awareness of both reserved and devolved matters for the jurisdiction in which they’re giving advice.

End transcript: Video 1 An overview of the UK’s legal systems and legislatures.

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Video 1 An overview of the UK’s legal systems and legislatures.

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Discussion

Taking notes can help you to actively engage with the content of what you have listened to or read. Turning a conversation, interview or text into your own words helps to sharpen your understanding and focus your thinking.

The key to successful note-taking is to create notes that suit your purpose rather than writing large amounts of text, which make it difficult to find key information. Different forms of note-taking will suit different individuals and different situations: you are likely to use different methods for interviewing someone or summarising text. What is important is that you discover the method that works best for you.

When you summarise UK Government policy or legislation, for example, try to write your notes in your own words, because this will help you to understand what you have read. You should also note down which page, paragraph or section of the text that your notes refer to, so that you can easily find your way back to the relevant part.

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Marking up a text: you might not think of this as note-taking, but marking the text as you read can be a very useful part of the note-taking process. However, try not to overdo it: you should only highlight the most important points.

Linear notes: this is the most common form of note-taking, where you make a note of important points as you read/hear/see them. As with all note-taking, the aim is to pick out and record the most important points.

Mind maps: mind mapping or spider diagrams have become popular in recent years; if you haven’t done so already, it is well worth giving mind mapping a try. To make a mind map, generally you write the name of the topic in the middle of the page and then arrange the different aspects of the topic around it. Used successfully, mind maps can give you a clear visual representation of the relationship between points or ideas.

Tables: using a table or just a set of columns can help you to analyse information and ideas. You can vary the number of columns and rows as required.

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When you make notes, you should also consider:

• how easy they will be to read and understand – will you be able to read and understand them again after a few days?
• what level of detail you need to include
• how concise they are
• how you order and organise them
• creating a summary (synopsis) of key points
• indicating which next steps need to be taken.