FT/EA/2024/0427 - [2025] UKFTT 01126 (GRC)

Border Force is a law enforcement command within the Home Office, with primary responsibility for border security. Border Force Maritime Directorate is part of Border Force and operates the UK’s only national maritime law enforcement capability with the skills, experience and ability to operate effectively and safely at sea in support of the overall mission and priorities of Border Force.

All vessels carry out both reactive and proactive, intelligence led maritime law enforcement operations including surveillance and security and maritime interceptions, both within UK and adjacent international waters.

Whilst historically the focus for Border Force Maritime Directorate has been counter-narcotics and other smuggled goods bound for the UK where they are responsible for delivering the maritime enforcement capability, they have been increasingly deployed since 2018 to respond to the threat posed by small boats used as migrant vessels crossing the English Channel and the significant threat to life that this dangerous activity poses.

One specific tactic which was the subject of consideration and trials in the period from March 2020 onwards by Border Force Maritime Directorate was the use of turnaround tactics to prevent migrant vessels from progressing through UK waters. This resulted in the approval of the Standard Operating Procedure (“the SOP”) and tactical plan, under the name of Operation Sommen.

The strategic aim of Operation Sommen was to deliver an operational plan which would reduce the number of migrant vessels seeking to cross the English Channel by deterring migrants from attempting the journey, restore public confidence in the UK’s control of its borders and to protect life.

In terms of the specific operational aspect, the purpose was to deliver an operational plan and tactics to safely and dynamically turn-around a positively identified migrant vessel, once inside UK territorial waters, in order to prevent it from reaching UK shores and induce it to leave UK waters and return to France. The strategic intention was that these operational tactics would deter migrants from using small boats or other high-risk means to reach the UK and ensure that the route became unviable for organised criminals to profit from and exploit. It was therefore aimed at being a deterrent to both individual migrants and organised criminal groups.

Although the turnaround tactics as part of Operation Sommen were approved for use and the operation was deployed in the Dover Strait on ten separate occasions between 03 November 2021 and 15 March 2022, they were never in fact employed against a small boat. This was because no small boat was identified and assessed as suitable for the tactic to be safely and lawfully used and in accordance with the detailed criteria set out in the SOP. Therefore, whilst turnaround tactics were approved for use as a matter of principle, they were never in fact used against any migrant vessel.

From 14 April 2022 the Home Secretary made the decision that the policy and procedures which underpin the delivery of turnaround tactics in respect of migrant vessels were withdrawn. From that date, Operation Sommen to deliver the turnaround tactics in relation to migrant vessels was no longer a “live operation”.