Mayoral and police and crime commissioner pledge

In anticipation of the local May 2024 elections, the National Network’s Coordinator’s Forum (NNCF) put together a pledge to send out nationally to all Mayoral and Police and Crime Commissioner candidates. Over 50 organisations called on candidates to pledge to tackle modern slavery. Read the pledge here.

Victim Support 2025 (VS25) Consultation With survivors of modern slavery

The Human Trafficking Foundation was commissioned by the Home Office to provide a consultation with adults with lived experience of modern slavery to inform the design of the new Modern Slavery Victim Care Contract ‘Victim Support 2025 (VS25)’. The consultation was held in March 2024 with 35 survivors of modern slavery across the country and was an opportunity to hear from survivors who have received support under the Modern Slavery Victim Care Contract since January 2021, to understand what support is working well and what would be helpful to provide in the future. The Home Office will be publishing a document on the findings of this consultation in coming months.

UPDATES ON COMMITMENTS MADE AROUND SUPPORT GIVEN THROUGH THE NATIONAL REFERRAL MECHANISM

A commitment was made in December 2021 by a former Safeguarding and Lords Minister that all those who receive a positive Conclusive Grounds (CG) decision, and are in need of tailored support, will receive appropriate individualised support for a minimum of 12 months (‘12 months of support’).

• After review, the Home Office concluded in December 2023 that the existing needs-based approach already ensures that necessary assistance to victims with a positive CG decision is available and

12 Months of Support

A commitment was made in December 2021 by a former Safeguarding and Lords Minister that all those who receive a positive Conclusive Grounds (CG) decision, and are in need of tailored support, will receive appropriate individualised support for a minimum of 12 months (‘12 months of support’).

• After review, the Home Office concluded in December 2023 that the existing needs-based approach already ensures that necessary assistance to victims with a positive CG decision is available and will not be moving forward with the previous commitment. 

• The Home Office stated that the Recovery Needs Assessment (RNA) ensures that Modern Slavery Victim Care Contract (MSVCC) support is available to victims with a positive CG decision for the necessary length of time and f support following a positive CG decision is needed for 12 months, or longer, the victim will receive it through their RNA.

• The Home Office further expanded that confirmed victims may also qualify for leave to remain after their CG decision for periods of up to 12 months to pursue a compensation claim, or up to 30 months to pursue a criminal case against their trafficker(s) or where they have recovery needs that can only be met in the UK (see Temporary Permission to Stay for Victims of Human Trafficking or Slavery guidance published in January). 

Places of Safety

A commitment was made in 2017 by a former Minister to provide Places of Safety so that adult victims leaving immediate situations of exploitation can be given assistance and advice for up to 3 days before deciding on whether to enter the NRM. Read the commitment here.

• After review, in December 2023, the Home Office concluded that viability and funding is unavailable to introduce and efficiently implement this new service and therefore, will not moving forward with a ‘places of safety’ support model within the current Modern Slavery Victim Care Contract.

To keep up to date on changes and progress made to the National Referral Mechanism, subscribe to the Home Office NRM reform newsletter here.

Illegal Migration Bill

Assessing the Potential Impact of the Illegal Migration Bill on Victims of Modern Slavery

A briefing for MPs in light of Committee Stage on 27th/28th March 2023, University of Nottingham’s Rights Lab and the Human Trafficking Foundation.

Open Letter from Local Authorities: Modern Slavery and the Illegal Migration Bill

Due to the backdating of the bill to 7th March, councils are currently making referrals for victims of modern slavery who will be disqualified from support when the Illegal Migration Bill passes. It has been raised by local authorities that this creates a dilemma, as local authorities have a legal duty under the Modern Slavery Act 2015 to notify the Secretary of State when they identify a potential victim of modern slavery but under the Illegal Migration Bill risk handing victims of modern slavery to the Home Office for removal.

Councils across the country sent an open letter to the Home Secretary seeking clarification on how the Bill will impact the statutory duties of local authorities under the Modern Slavery Act 2015. Read the letter here.

Read the response to this letter from the Safeguarding Minister, Sarah Dines MP here.

Key Information on Clauses Relating to Modern Slavery

The Illegal Migration Bill, currently passing through parliament, introduces new measures, which means that anyone who entered the UK via irregular means since 7th March 2023 can be subject to detention and removal from the country, and excluded from support as a victim of modern slavery. However as we know:

• Only 7% of people who arrived in the UK in a small boat in the last four years were referred into the National Referral Mechanism as victims of modern slavery (less than 6% in 2022). 85% of these individuals were found to be victims of modern slavery. (Home Office, Official Statistics: Irregular migration to the UK, year ending December 2022).

• Consistently the Home Office finds that 9/10 people referred to the NRM are victims of modern slavery (Modern Slavery: NRM and DtN statistics UK, end of year summary, 2022).

• Preventing support for all victims who are trafficked into the UK is a disproportionate response. Instead, the focus should be on improving administrative efficiency, both within the asylum system and the National Referral Mechanism

• Currently, victims of modern slavery are legally entitled to 30 days of support and protection from removal. This is only two days longer than the 28 days of detention being proposed under the new Bill, but ensures victims of modern slavery have the support they need to begin to recover

• Providing victims with support is the only way to build trust to ensure engagement with law enforcement to help address the real criminals – the traffickers

• The Illegal Migration Bill means if you are trafficked into the UK you will not be treated as a victim

• It will be impossible for people who have been trafficked into the UK to enter support, at any point, even if they are exploited in the UK and ask for help years after arrival. As such, this Bill condones modern slavery in all cases where victims have been trafficked into the UK

• It also prevents anyone who enters the UK via irregular means and becomes a victim of modern slavery from entering support

• Trust should be placed in the Government’s own system which prevents people with fraudulent claims of modern slavery from accessing support; the Reasonable Grounds decision within the National Referral Mechanism is made by the Home Office and is designed for this purpose

• This Bill will criminalise victims of trafficking but allow traffickers to continue with impunity

• The UK risks losing its position as global leader in tackling modern slavery, following regression on the Modern Slavery Act 2015 

Changes to the modern slavery Statutory guidance

Members of the National Network Coordinators Forum and their partners, along with the Anti-Slavery London Working Group and the London Modern Slavery Leads Network fed into this briefing Impact of the Nationality and Borders Act: Changes to the Reasonable Grounds Threshold (2023), which captures the impact of the increased threshold for entering the National Referral Mechanism and the effect this is having on people who have experienced modern slavery and the organisations making referrals.

The Modern Slavery Statutory Guidance has been updated to reflect many of the changes introduced through the Nationality and Borders Act and came into effect 30th January 2023. There are particular concerns about the changes to the Reasonable Grounds Decision threshold and Disqualifications.

Changes to the Glossary – Added ‘Additional Recovery Period’, ‘Bad Faith’ (p.13), ‘Nationality and Borders Act 2022’, ‘Public Order’ (p.16), ‘Public order disqualification’, ‘Public order disqualification request’ (p.17) and ‘Victim of Human Trafficking or Slavery (VTS)’ (p.18). Updated ‘Reasonable Grounds Decision’ and ‘Recovery Period’ (p.17).

 Definition of human trafficking – ‘transferring or exchanging control over’ has been added to Action under the definition of human trafficking (p.21). Sec.2.25 is new and sets out that abuse which happens on route and is not connected to the purpose of travel does not necessarily constitute as trafficking (p.24). Sec.2.26 is new and sets out definition of sexual exploitation in relation to the Slavery and Human Trafficking (Definition of Victim) Regulations (p.24)

 Indicators of modern slavery – Sec.3.7 is new and sets out that when determining if someone is a victim of modern slavery, regard may be had to the person’s age, family relationships and physical or mental disabilities, which impair a person’s ability to protect themselves.

Reasonable Grounds Decision – The Reasonable Grounds Decision threshold is no longer ‘suspects but cannot prove’ and is now ‘ based on objective factors but falling short of conclusive proof’. Sec.7.4 and 7.8 are new (p.61).

• The section on Making a Reasonable Grounds decision has been completely updated (p.129-174) and now means that a victim’s own testimony alone is no longer sufficient for a +RG decision. There needs to be additional information or evidence, such as medical, witness or expert statements or police reports submitted. Country reports or travel records will not be enough in themselves. Types of evidence are listed bottom of p.130-1.

• ‘The relevant competent authority will take reasonable steps to gather all available information before making a decision within the 5-day decision making timeframe’. Where there is insufficient evidence provided, the competent authority can question if the RG threshold is met.

• The RG section now includes information on inconsistent and incomplete accounts, including a list of circumstances for why there might be a lack of detail or reasons for delayed disclosure, in order for the competent authority to assess credibility. If the individual had multiple opportunities to raise information ‘and fails to do so until action is bought against them, such as an Immigration Enforcement removal direction, then this should be weighed in the balance with all other evidence and may damage their credibility.’

• Sec.14.50-14.81 are new. Sec.14.83 has a new line added: ‘It is not necessary to prove that an offence has taken place, or for there to be an ongoing criminal investigation to find that an individual is a victim’.

Recovery Period – The recovery period was reduced from 45 days to 30 in the previous iteration of the guidance.

• Sec.8.20 has been edited to include that the recovery period will not be observed where a public order or bad faith disqualification apply or it’s been decided not to provide an additional recovery period (p.69). Previously the guidance said a recovery period will not be observed where ‘grounds of public order prevent it’.

• There is a new sec.14.86-14.127 on Making an Additional Recovery Period, including a table showing the decision making framework (p.136-147). In most cases, a victim will not get a second recovery period if they have had a +CG and made a new NRM referral for exploitation that took place before the first RG decision was made. This is different to if victims are re-trafficked after the initial NRM referral.

Evidence Gathering at Conclusive Grounds stage – When making a CG decision, the competent authority can now ask a victim or their legal representative for information to be provided within (a minimum) of 14 days and send a reminder for this after 7 days.

• If this deadline can’t be met, the victim or legal representative can request an extension. This should be requested along with evidence for why the information can’t be provided and an updated timeframe for when it can. The competent authority will then use the criteria listed in the guidance when deciding whether to grant the extension. A CG decision will be made on the basis of the information available to the competent authority.

• Sec.14.138-14.142 and 14.144 (p.150) are new. Consideration minutes and case records: Lines 5-8 of sec.1.174 are new, as is line 5-10 of 14.177 and line 5-9 of 14.178. The public order and bad faith points in the list in 14.207 are new.

Public Order Disqualification – Updated section p.166-176. For definition of public order see glossary p.16.

• Where the public order disqualification applies, the victim will not have access to a recovery period or support, protection from removal, a conclusive grounds decision, or Temporary Permission to stay as a Victim of Human Trafficking or Slavery.

• This can apply to victims currently in the NRM who received their RG decision before 30th January 2023 (individuals in MSVCC accommodation who receive a disqualification are provided with 9 working days of move-on support).

• Disqualification requests can be raised by the Competent Authorities and the Foreign National Offender Returns Command where removal or deportation action is being pursued and the victim meets the public order definition. Disqualification requests can be raised by Competent Authorities where a British citizen is in detention or on licence or a British citizen has presented with challenging behaviours in modern slavery support, and it has been identified by the competent authority that the individual meets the public order definition.

• The disqualification decision should be made within 30 working days of the disqualification referral wherever possible. First Responders must always make an NRM Referral or a Duty to Notify, even where the individual is likely to meet the public order definition.

• There is a new Public Order Decision Making framework table on p.172, which includes information on criminal exploitation, child referrals and threatening behaviour in MSVCC support. ‘A second pair of eyes review will take place on all public order disqualification decisions resulting in a disqualification’.

Bad Faith Disqualification – New section p.177-183 updating the previous section on improper claims.

• ‘An individual may be considered to have claimed to be a victim of modern slavery in ‘bad faith’ where they, or someone acting on their behalf, have knowingly made a dishonest statement in relation to being a victim of modern slavery’.

• Decisions to disqualify individuals on grounds of bad faith may be made for all cases referred into the NRM before, on or after 30 January 2023, even if a +CG decision has been made. The disqualification may only be applied where an individual has received a +RG decision.

• Where the bad faith disqualification applies, the victim will not have access to a recovery period or support, protection from removal, a conclusive grounds decision, or Temporary Permission to stay as a Victim of Human Trafficking or Slavery. Any RG or CG decisions will be revoked.

• Children (those under 18 at the time of the RG decision) are exempt from disqualification on grounds of bad faith.

• The consideration of whether to apply the bad faith disqualification will be triggered by evidence from the First Responder, or from within the Competent Authority where evidence of bad faith arises during the CG decision-making process. Where First Responders have concerns about an individual’s credibility, they should indicate this on the referral form.

• Individuals will be given the opportunity to provide explanatory evidence once the decision maker has communicated their intention to apply the disqualification. Credible explanations for gaps in evidence or a lack of credibility are listed on p.180. A second pair of eyes review must take place on all bad faith decisions resulting in disqualification.

Temporary Permission to Stay for Victims of Human Trafficking or Slavery (VTS) – p.217 Non-EEA and EEA nationals will automatically be considered for a grant of VTS if they do not already have the right to stay.

• Victims will need a positive Conclusive Grounds decision to be considered for VTS

• Additional guidance is here https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-temporary-permission-to-stay-for-victims-of-human-trafficking-or-slavery

responding to the nationality and borders bill

The UK has a proud history since the days of Wilberforce of combatting slavery and human trafficking. In the last decade it has upheld this tradition and its Modern Slavery Act 2015  and current victim identification and support provisions are recognised as world renowned.  Unamended, the Nationality & Borders Bill puts into jeopardy the UK’s legacy and status as a world leader in this fight against slavery.

The Government has an electoral mandate to look at immigration and is doing so via its Nationality and Borders Bill. However, the Anti-Slavery sector fears that consequences of various clauses of the Bill, particularly under Part 5, will have a disastrous impact on the UK’s response to modern slavery and negatively impact public order and national security as well.

Many in the sector fear that no amount of safeguards can successfully mitigate against all risks posed to the victims of modern slavery by this Bill and so would welcome removal of Part 5. However, if this is not possible the sector still believes amendments can be made to mitigate some of the concerns about the Bill.

Note that Modern Slavery began as part 4 of the Nationality & Borders Bill but since the addition of further clauses at Bill Committee Stage, Modern Slavery is now Part 5 and clauses numbers have changed. Briefings written before this change still refer to previous clause numbers.

Letter to MPs over 100 CEO’s in the Anti-Slavery and Human Rights sector have written to all MPs urging them to support amendments to Part 5 of the Nationality and Borders Bill. Home Office Response to the CEO letter December 2021.

Nationality and Borders Bill Consideration Paper from the Rights Lab, along with an Executive Summary, intended to serve as an information source for MPs and Peers and provides an evidence base for the anti-slavery sector to assist in campaigning activity, engaging with supporters, and a basis from which amendments can be drafted.

The Independent Anti-Slavery Commissioner Letter written to Rt Hon Priti Patel in response to the Nationality and Borders Bill.

Nationality and Borders Bill Publications full text of the Bill as introduced and further versions of the Bill as it is reprinted to incorporate amendments.

Take Action: Constituents' Template Letter For MPs

• Here is the template letter for supporters to send to their MPs asking them to support the anti-slavery sector’s proposed amendments to Part 5.

• To help share the constituents' template letter we’ve put together a number of social media posts you can share. To access the social media content click the 'download' button in the bottom left-hand corners on the PDF, and Google Drive will open. Here, double click on the folders labelled for example ‘posts’ or ‘twitter’ and you will be able to view and download individual images.

Briefings for the House of Commons

• Anti-Slavery Sector Briefing for the House of Commons March 2022

• Parliamentary Briefing for Amendment 24 - Leave out Clause 58

• Parliamentary Briefing for Amendment 25 - Replace Clause 62

• Parliamentary Briefing for Amendment 27 - Children

Briefings for the House of Lords

• Anti-Slavery Sector Briefing for the House of Lords

• Parliamentary Briefing Clauses 57 & 58 on the identification of victims and the introduction of information notices

• Parliamentary Briefing Clause 59 on raising the threshold for support

• Parliamentary Briefing Clause 62 on the disqualification from protection

• Parliamentary Briefing Clause 67 on the disapplication of the EU Directive

• Parliamentary Briefing on Clause 39 and Secure Reporting

• Parliamentary Briefing for a new clause on Overseas Domestic Workers visas

Written Evidence

• HTF Written Evidence submitted to the Nationality and Borders Bill Public Bill Committee

• Flex Written Evidence submitted by Focus on Labour Exploitation to the Nationality and Borders Bill Public Bill Committee.

• Anti-Slavery Sector Statement seventy organisations’ CEOs have signed a statement about our shared concerns about Part 5 of the Nationality and Borders Bill.

Relevant Articles

• Conservative Home Article written by Cllr Meenal Sachdev entitled ‘The Nationality and Borders legislation needs to do more for victims of modern slavery’

• Independent Article written by Caroline Haughey entitled ‘to trample over the intentions of the Modern Slavery Act is reprehensible.’

• Politics Home Article written by Rt Hon Karen Bradley MP entitled The ‘Nationality and Borders Bill risks letting down modern slavery victims.’

• Victims' Commissioner and Anti-Slavery Commissioner Joint Op Ed on concerns of the Nationality and Borders Bill.

• CAPX Article written by Jackie Doyle-Price MP entitled ‘slavery victims need more support if we are to catch the gang masters.’

• Politics Home Article written by Marchu Girma entitled ‘David Cameron and Theresa May battled modern slavery – now Boris Johnson is enabling it.’

• Times Article written by Dame Sara Thornton, Independent Anti-Slavery Commissioner ‘rushed borders bill will fail victims of modern slavery.’

• Independent Article written by May Bulman entitled' ‘Priti Patel’s immigration bill will make it harder to prosecute human traffickers, top police officers warn.’

• Times Article written by Iain Duncan-Smith entitled ‘help and protection for modern slavery victims will beat gang bosses.’

• Conservative Home Article written by Christian Guy entitled ‘turn the Nationality and Borders Bill into a trafficker’s worst nightmare.’

• Women Against Rape briefing and proposed amendments to the Nationality & Borders Bill.

Modern Slavery Strategy Implementation Group: Victim Support

The Human Trafficking Foundation, alongside the Anti-Trafficking Monitoring Group, co-chairs the Modern Slavery Strategy Implementation Group for Victim Support (MSSIG), a stakeholder body which advises government on victim support policy, and development of new initiatives, including the CQC Inspection Regime for support provision under the Victim Care Contract. The minutes from the most recent meetings are available here: July 2021 and January 2020, September 2020

Opposing the introduction of the new Immigration Enforcement Competent Authority (IECA) Modern Slavery Strategy Implementation Group Statement November 2021.

MSSIG Co-chairs collated questions around challenges faced by survivors and support providers in the pandemic. Questions were shared weekly with the Home Office Modern Slavery Unit (MSU) to support their understanding of realities ‘on the ground’ and to provide clarity on areas of concern. Questions were recorded and published on two documents, available here.

statutory guidance for assistance to victims of modern slavery

The Modern Slavery Act 2015 included a provision for the government to publish guidance around the provision of assistance to victims in section 49. The Human Trafficking Foundation welcomes the Home Office’s efforts to create guidance, published March 2020 and available here. The Foundation was open about its concerns regarding the lack of formal consultation to produce the guidance, which were published in a joint submission to the Home Affairs Select Committee Inquiry into Modern Slavery in January 2019.

As part of its role as Co-Chair to the Modern Slavery Strategy Implementation Group for Victim Support, the Human Trafficking Foundation supported NGO collaboration in providing feedback on drafts of the guidance, including letters explaining concerns.

The letter in response to the first draft of the guidance in April 2019 is available here. In August 2019, MSSIG provided feedback on the guidance’s second draft and reiterated concerns in the attached letter, calling for a more thorough consultation process to produce guidance which ensures a world-leading approach to identification and care.

MODERN SLAVERY PROTOCOL FOR LOCAL AUTHORITIES

Together with the London Working Group, the Foundation has produced several resources to help Local Authorities improve their response to human trafficking and modern slavery, in particular the identification and support offered to adult survivors. Find out more here

Places of safety

In October 2017, the Government announced reforms to the National Referral Mechanism, including creating places of safety for adult victims leaving situations of exploitation so that they can receive assistance and advice for 3 days before deciding whether to enter the NRM.

HTF has worked together with the Anti-Trafficking Monitoring Group (ATMG), the British Red Cross, and the Anti-Trafficking and Labour Exploitation Unit (ATLEU) to develop key principles in supporting survivors in these initial stages of their recovery from exploitation.

Read more here

LONG TERM SUPPORT POLICY

The National Referral Mechanism is the system by which potential victims of trafficking receive access to support and are identified as victims of trafficking. After being referred to the NRM, a Reasonable Grounds decision is made on the basis of ‘suspect but cannot prove’ that the individual is a victim. If this decision is positive, the individual is offered safe house accommodation, specialist support and legal aid for a guaranteed 45 days or until a Conclusive Grounds decision is made that he or she has been trafficked.

Crucially, once this Conclusive Grounds decision is made support is abruptly withdrawn: if negative, the individual has 9 days to leave specialist support provided by a safe house or outreach worker; if positive, they have 45 days. Without the option to extend support, the sudden removal of support often leaves survivors vulnerable and damages their ability to rebuild their lives. In September 2019, the Home Office introduced a new policy in the form of a Recovery Needs Assessment (RNA) to determine whether support could be extended beyond the 45 days for those with a positive decision, following a court case in which the government agreed that support should not be limited to time alone.

Stakeholders have expressed concerns that the RNA policy fails to consider the long term support needs of many survivors, meaning that in practice survivors could continue to be exited from support under the NRM at risk of destitution and re-exploitation. The Modern Slavery Strategy Implementation Group, which HTF co-chairs, wrote to the Home Office Modern Slavery Unit outlining these concerns in November 2019. The letter is available here.

The Foundation has produced the following policy documents on long term support needs:

Life Beyond the Safe House (2015) urges the Government to review its approach to move-on support for survivors of modern slavery to help survivors recover from their experiences and integrate into society. This would help reduce the risk of re-trafficking. The report makes clear that a cohesive approach to victim support would mean survivors would be more likely to recover and regain control over their lives, and become more confident and independent, which in turn will allow them to become active members of society. 

Day 46 (2016) followed the lives of survivors after they left the safe house. The research found that a quarter of victims disappeared after being rescued: of 73 potential interviewees, a few months after exiting the shelter, 18 were completely unaccounted for.  Jess Phillips MP, Vice-Chair of the All-Party Parliamentary Group on Human Trafficking and Modern Slavery describes the report as a “damning indictment of our failure to protect victims of trafficking”

Long-Term Support Recommendations (March 2017): The Foundation has  worked with partners throughout the anti-trafficking sector who support survivors of trafficking during and after the NRM process or who operate at a policy level to produce practical policy recommendations to support the reintegration and rehabilitation of adult survivors of trafficking. These were published in March 2017. One of the key recommendations is that identification as a victim of trafficking should automatically entitle the individual to remain in the UK for a minimum of 1 year, with recourse to public funds and access to further support. 

Unaccompanied and Separated Minors Report (July 2017) 

Nobody deserves to live this way! 

Rt Hon Fiona Mactaggart and Baroness Butler-Sloss were alerted by Safe Passage to the serious risks of trafficking and exploitation facing children in parts of Europe who are feeling countries where they feel unsafe, when they were Co- Chairs of the All Party Parliamentary Group on Trafficking and Modern Slavery (APPG). In the Spring of 2017 the APPG agreed to hold an inquiry into the risks facing these children. When the 2017 General Election was called, dissolving the APPG the former Co- Chairs agreed that the dangers facing these children were too great to expect them to wait. Instead they agreed that the Human Trafficking Foundation would sponsor the inquiry, allowing it to continue, Chaired by Fiona Mactaggart and Baroness Butler- Sloss as individuals, rather than for the APPG. The Human Trafficking Foundation Coordinated the inquiry. 

The inquiry took place between April and June 2017. It found no evidence that providing a safe route for children to travel to the UK acted as a ‘pull factor’ or encouraged traffickers. Instead the evidence showed that leaving children without safe and legal options left them in limbo, stranded in dangerous and often violent situations. In many instances this resulted in children turning to smugglers, putting themselves at risk of dangerous journeys and of exploitation to pay the smugglers.

The overwhelming evidence of violence inflicted by the French police on children is one of the more shocking findings of this inquiry, whether it be the indiscriminate use of truncheons and tear gassing of children and their sleeping bags.  Children are denied access to showers, shelter or anywhere to store their belongings.

Download the report here.