In January 2026 the Clandestine Entrant Civil Penalty Scheme (CECPS) was given a major overhaul by the Government, following lobbying and campaigning by organisations such as the Road Haulage Association (RHA) to amend the fines for drivers and hauliers which were seen as punitive and unfair, especially when every effort had been made to try to avoid clandestine entrants from gaining entry to vehicles.

The CECPS has been in place for near 25 years and was established to supplement the provisions of the Immigration and Asylum Act 1999.  It is designed to complement law enforcement activity against criminals who smuggle people into the UK illegally, as well as to deter those who decide to try to enter the country without permission.  One of the key aspects of the scheme is to tackle “negligence by people who are not criminals but whose carelessness nonetheless means that they are responsible for a clandestine entrant gaining access to a vehicle”.

In April 2023 the scheme was updated to increase the fines by way of a ‘civil penalty’ from a maximum of £2,000.00 per clandestine entrant found in their vehicle to £10,000.00 per clandestine entrant.  Given that both the operator and the driver of the vehicle that has been unlawfully entered into can be fined this top amount, this change meant that the operators of lorries (and it usually is lorries) could be faced with fines of £20,000 per entrant, as if the driver of the vehicle doesn’t pay the fine, the operator has to pick up the tab.  Penalties were also applied in cases where vehicles were found to be insecure but no clandestine entrants were found.

How Fair are the Fines?

The large amounts of fines that hauliers can be landed with was highlighted in a legal challenge to a penalty imposed on EM Rogers Transport by Border Force.

The Northampton haulier was given a £66,000.00 penalty after six illegal migrants were found in one of its vehicles.  The firm, which completes hundreds of journeys into Europe each year, managed to successfully argue that its driver had followed every one of the company’s ‘robust systems’ to try to prevent clandestine entrants from gaining access to the vehicle.    The fine was then reduced by Border Force down to £1,332.00.

The unfairness in being penalised for a situation where one has done everything in one’s power to try to prevent an incursion was highlighted in a letter to the Home Secretary published by the RHA; the point is made that “the [CECPS] scheme readily and easily shifts liability onto drivers and operators but is not equipped to exercise discretion when evidence shows there is no fault or negligence on their part”

Independent Chief Inspector of Borders and Immigration: “Genuine Concerns around Fairness”

This matter of fairness for operators was a key point in a damming report from the Independent Chief Inspector of Borders and Immigration (issued in April 2025).

The report highlighted many areas that needed improvement with regard to UK Border Force and the CECPS, stating that it ‘lacks leadership and resource”.  The inspectorate found that there was no senior operational leader who had responsibility for the Home Office response to the deterrence, detection and management of clandestine entry to the UK.

The report included the observation that “with respect to the CECPS, the inspection found that inconsistences in the application of the scheme raised genuine concerns around its fairness, including the way the discretion and the exceptionality policy were exercised.  Management information data for the CECPS was limited and unreliable, and the vehicle intercept data passed to ports by the scheme was often inaccurate, out of date or incomplete, resulting in vehicles being stopped in error”.

The report highlighted at least 7 recommendations that needed to be made to CECPS urgently.

• Designate a Home-Office wide ‘owner’ for clandestine entry
• Review the range of analyses, assessments and intelligence products dealing with clandestine entry
• Overhaul training provision for front-line Border Force officers at the juxtaposed ports
• Install an integrated automated numberplate recognition (ANPR) system linking the controls at Calais, Coquelles & Dunkerque
• Carry out a review of the working practices of the CECPS Team to eliminate duplication and maximise efficiencies
• Produce and publish an engagement plan for industry stakeholders
• Produce and publish an annual report on how the CEPCS is working.

January 2026 Change to CECPS – Robust Systems are Key

The key recommendation that has been taken up by the government is to change the unfairness of the penalty scheme for hauliers who do have robust systems in place and can prove that these systems were undertaken by their driver prior to the entry of the clandestine entrant(s). For those hauliers who are members of CECPS and can prove full compliance with the CECPS requirements the civil penalty fines are likely to be avoided should a clandestine entrant be found in one of their vehicles.

Richard Smith, MD of the RHA has welcomed this change, stating “we are encouraged that improvements are being made.  Drivers will no longer be penalised when they have followed every procedure and done everything by the book”.

This is undoubtedly a step in the right direction, but as always the devil will be in the detail and each case will require careful attention to ensure that adequate proof of full compliance with the CECPS is obtained and presented should your operation fall foul of the illegal immigration crisis that continues to engulf France and the UK.  Pellys Transport & Regulatory Law has years of experience dealing with clandestine entrant cases and liaising with UK Border Force for both UK operators and European based operators.  If this is something you would like to discuss for your business, then please call us on 01279 818280 or click here to send us an email.  We are here to help.

© Richard Pelly, February 2026