Safety from any trafficker or other abusers

Safety from any trafficker
or other abusers
Sharing perspectives, connecting practice

"Safety from any trafficker or other abuser is important becasue after trafficking you are vulnerable and can face danger from other traffickers and abusers as well as those who trafficked you before. You have to feel able to trust in the police and the legal system for protection, and confident to report crimes without fear."

MSCOS · Safety - Keith

Keith Lewis describes his situation as a British citizen who was trafficked for years. He describes the situation of not being believed because of his nationality - and the 'invisibility' to the public of victims who are being trafficked and exploited in plain sight.

MSCOS · Safety - Wendy

Wendy describes how even being in the National Referral Mechanism, with the right to work did not prevent her from being re-exploited and abused in domestic work by new traffickers.

Mimi Jalmasco explains the history of the UK Domestic Workers' Visa, and how the current situation is unsafe and presents a trafficking risk.

Read more here

Expansion of the Victim Navigators pilot to apply to all police forces.
Employment of Survivor Leaders: the Research Advisory Board agree that the professional employment of Survivor Leaders is key, both to the training of the police at all levels, and to working with Helplines and Victim Navigator Teams. In the view of the RAB, and other survivors involved in the MSCOS project, professional Survivor Leaders who are appropriately accredited and employed could offer a vital welcome into situations of safety after trafficking and reporting of crime for the many survivors who feel far too afraid to come forward.
Ongoing training for police at all levels from recruitment upwards, with specific modules on trauma-informed methods of working with survivors; identification of victims of trafficking and also the wide range of traffickers and their associates (including private lawyers sent to represent victims).
Training on and incorporation of the SIPPS across the criminal justice system
Long-term, consistent support throughout criminal justice procedures for vulnerable victims and dependents. This should be connected to the individual support provided via the NRM and not restricted solely to Victim Navigators and police.
Accountability of police forces for full follow up and provision of advice and support for victims whenever cases are closed or at regular intervals while cases remain open.

“Safety from any trafficker or other abuser requires access to legal aid: legal advice and representation is critical to securing identification and support under the National Referral Mechanism, asylum and other forms of protection. It is also vital to securing access to appropriate housing and support and compensation. Access to compensation plays an important role in assisting survivors to remain safe from their traffickers, recover from their experience and move forward in their lives.”

Victoria Marks, Director and Solicitor, Anti Trafficking and Labour Exploitation Unit

MSCOS study descriptor: This outcome includes a safe rescue process as well as sustained safety from all traffickers and abusers. It is critical that survivors live free from fear that perpetrators will recapture them, find out where they live, or threaten them in some way. Safety from new perpetrators who can target victims for re-trafficking or harm them in other ways is also vital. Ongoing safety can involve multiple aspects such as: having a landline to call emergency services in a safe house; living far from traffickers and their associates; and the police being careful in the way they handle cases. This outcome includes psychological safety from traffickers.

Relevant Practice Models and Frameworks
for safety from any trafficker or other abuser

Systematic Support for Survivors of Modern Slavery

The Beyond Survival: Living free, not in survival mode, and being able to dream again report by Hope for Justice addresses the limitations of UK’s anti-slavery response. The process for identifying and supporting survivors of modern slavery is not structured to reflect their needs or experiences. Support for survivors is delivered to comply with a remote decision-making process, rather than being tailored
to the individual involved. Addressing these structural issues is fundamental to achieving a more effective response and facilitating access to justice.

recommendations

Identification:

First Reponders: The position of First Responder should be resourced and accredited to help ensure that First Responders are aware of their duties and survivors’ rights, and are trained to complete a National Referral Mechanism (NRM) referral in a trauma-informed manner.
Localised Identification: By shifting decision-making to localised multiagency mechanisms, it is possible to make decisions more quickly and to ensure relevant service providers are involved from the outset.
Sharing intelligence: Technological solutions should be explored and adopted to facilitate data sharing, informing the intelligence picture and improving prevention, identification and survivor support.
Fair Work Agency: An appropriately resourced Fair Work Agency would provide a focal point for worker protection and facilitate the identification of potential victims of modern slavery.
Safe Reporting: Survivors must feel safe to report exploitation and abuse, regardless of their immigration status.
Establish safe migration routes: Creating safe routes for those seeking refuge in the UK with visas not tied to employers and with recourse to public funds.
Adopt the ‘social path’ to identification and assistance: The OSCE notes that a social path presents advantages over identification and support mechanisms which are linked to, or which require survivors to cooperate with, criminal justice systems.

Accessing Support:

Directly incorporate the Council of Europe Convention on Action against Trafficking (ECAT).
Replace the Nationality and Borders Act, Illegal Migration Act and Safety of Rwanda Act with legislation that complies with the international rights of survivors and those seeking refuge.
Implement a governance structure which facilitates safeguarding and support: such as a cross-governmental approach to addressing modern slavery at national and local levels.
NRM Reform:
- Create localised multi-agency pathways to with appropriate funding and resources.
- The NRM decision-making process and provision of support must be trauma-informed.
- Facilitate access to public funds, accommodation and safeguarding assistance: NRM decision-making must be connected to other state-provided services and systems, so that positive identification as a survivor of modern slavery facilitates access to much-needed support and assistance.
- The support which is provided should always focus on empowering the individual and avoiding dependency.
Statutory Guidance produced under the Modern Slavery Act should be amended to reduce barriers to support for survivors.
Resource multi-agency partnerships to respond to survivors’ needs: Partnerships must place a greater emphasis on preventing modern slavery and safeguarding and supporting survivors in their recovery.
Formalise role of Independent Modern Slavery Advocates: This role should be formally recognised within statutory guidance.
Right to Work: Allowing survivors of modern slavery and people seeking refuge to work whilst their claim is being processed would reduce their risk of exploitation.
Facilitate access to compensation:
- Ensure the Criminal Injuries Compensation Authority (CICA) scheme recognises all forms of modern slavery as violent crimes.
- Civil Compensation: Creating a civil remedy (tort or, in Scotland, delict) would not only ensure improved access to justice, contributing to recovery for survivors, but is also a crucial aspect of holding perpetrators to account.
Access to legal advice: Civil legal aid must be extended to cover all aspects of a victim’s case that are not currently in scope for civil legal aid including but not limited to CICA, welfare benefits and pre-NRM legal advice.
Pilot a Survivor Visa: Foreign national survivors should be provided with regularised status and a pathway to permanent residence in the UK based on their holistic individual circumstances and best interests.

Criminal Accountability:

Training and Awareness: Providing comprehensive training on the signs of modern slavery, trauma-informed responses and the needs of survivors can help ensure victims are recognised and treated appropriately within the criminal justice system.
Survivor-Centred Approach: Implementing a survivor-centred approach throughout the criminal justice process can create a more supportive environment for survivors.
- Translation and culturally appropriate communication Prioritising sustainable recovery: Placing safeguarding and protection at the heart of the response to modern slavery.
- Trauma-informed processes as standard: The instances of good practice across the UK must be replicated so that survivors can be confident that they will be treated in a trauma-informed manner wherever they reside.
Sentencing commensurate with the offence: Systemic barriers that serve to enforce a trend of lenient sentencing for traffickers must be addressed.
Greater efforts must be made to ensure effective management of offenders to avoid re-offending, either in the UK or if returned to another country.
Placing a strong emphasis on investigating the financial aspect of the crime might alleviate the pressure on survivors.
Strengthening partnerships with NGOs from across sectors that specialise in supporting trafficking survivors.
A protocol and training needs to be developed with all agencies including service providers on disclosure in criminal cases.
Implementing protection from prosecution: There is a need for enhanced training on implementing the protections afforded to survivors in Policy and via the Statutory Defence.
Facilitate appeals against prior convictions: A positive Conclusive Grounds decision under the NRM should initiate a process whereby individuals with a criminal conviction connected with their exploitation can have that conviction expunged.
Data collection needs to be improved in respect of capturing of investigations, prosecutions and the application of the statutory defence.

This Putting Victims First: The 'social path' to identification and assistance publication offers a discussion on why and how to adopt a ‘social path’ approach to identifying and assisting victims of trafficking in human beings, irrespective of their willingness to participate in criminal proceedings. The 'social path' is an identification process for survivors of human trafficking that involves social service agencies or civil societies, rather than the criminal justice system. This identification then triggers short-term and long-term assistance for survivors.

recommendations

A State Agency in Charge of the Implementation of the 'Social Path' Framework

To ensure that protection of and assistance to all survivors of human trafficking remains unconditional regardless of their participation in criminal proceedings.
Establishing a suitable legal and administrative framework, and ensuring that it is staffed and provided with sufficient resources.

Pre-requisites for Presumed Survivors to Enter the 'Social Path' Procudure:

A presumed survivor’s decision to enter the ‘social path’ of identification should be based on their informed consent.
Survivors should be able to opt for co-operation with the criminal justice system at any stage of their ‘social path’ assistance if they choose to do so.
States should stipulate a realistic timeline for considering any ‘social path’ applications, whether these are made by the presumed survivors themselves or on the basis of a referral.
Entering a ‘social path’ procedure should lead to long-term assistance that is victim-centred, gender-sensitive, trauma-informed and needs-based.
In the case of negative ‘social path’ decisions, a viable channel for lodging an appeal should be available. The person concerned should be able to understand such procedures and access them swiftly.

'Social Path' Referral Modalities

States may consider adopting a two-stage process. The first stage involves preliminary screening to check if there are any signs that an individual has been trafficked (and to provide an immediate response to her or his immediate needs and quick access to immediate assistance). In a second stage, more conclusive identification occurs after an in-depth assessment of the available information.
States should diversify a range of actors who can initially identify and refer presumed survivors to the ‘social path’ framework. To ensure that the non-discrimination principle is observed, it is important that explicit instructions, uniform indicators and adequate training is provided to everyone involved in the initial identification of survivors.

Non-discriminatory Treatment of Foreign Survivors of Trafficking

It is essential that authorities address the question of their immigration status and grant a temporary residence permit to ensure they are not deported while they still need urgent assistance.
The assistance that follows the ‘social path’ of identification should lead to either: (1) Return and re-integration, (2) Integration, or (3) Relocation to a third country
In the event that the ‘social path’ procedure results in the decision for a survivor to be returned to their country of origin, States should ensure cross-border information exchange and continuity of assistance. This should involve assistance for re-integration in order to minimize the risk of re-trafficking.

Incorporating Child-specific Procedures

Mechanisms should be in place to allow for the identification of children who have been trafficked, also in countries where the protection of children subjected to abuse, exploitation or neglect is the responsibility of a child protection system.
The ‘social path’ framework should entail a child-specific procedure supported by appropriate age determination methods.

Interaction with the Criminal Justice System

Formal recognition of survivors through the ‘social path’ and in the criminal justice system should not be regarded as self-exclusive. They can run in parallel subject to a presumed victim’s decision.
Everyone who has been trafficked and who seeks to be identified as a survivor has a right to have their personal data and information about their experience at the hands of traffickers kept confidential.
States should develop mechanisms, including interagency instructions and memoranda of understanding, that allow the agency in charge of the ‘social path’ of identification to share information about the circumstances of a human trafficking crime without disclosing a survivor’s personal details.

Legal Support

The following report, Albania: Trafficking, presents country of origin information (COI) on trafficked Albanian men, women and children. This research was initiated in response to a need identified by legal representatives and practitioners in the field of asylum for information on the conditions experienced by trafficked men, women and children in Albania. Research terms of reference were developed in consultation with legal representatives to shed light on under-researched issues.

Hundreds of children seeking asylum in the UK are being incorrectly assessed by the Home Office using a short visual assessment shortly after their arrival. This flawed decision-making process results in children being placed in unsupervised adult accommodation and immigration detention, exposing them to significant risks and potential harm. This joint report by the Helen Bamber Foundation, Humans for Rights Network and the Refugee Council provides updated evidence of the Home Office improperly treating large numbers of children seeking asylum as adults upon arrival in the UK.

recommendations

THE HOME OFFICE SHOULD:

Limit the conduct of age determinations to staff with relevant training and only treat someone claiming to be a child as an adult in exceptional circumstances, i.e. if there is evidence that they are in their late 20s or older;
Publish full statistics on the number of people claiming to be children who the Home Office has treated as adults and put in place monitoring processes so it can track the outcomes for those who are later determined to be children;
Notify local authorities about potential children who have been determined to be adults by the Home Office.

THE GOVERNMENT SHOULD:

Abandon the implementation of the provisions in the Illegal Migration Act 2023 that would leave children at risk, for example, of being removed from the UK even if they are challenging a decision on their age;
Establish an independent body to oversee age determinations.

Child Criminal Exploitation

An evaluation of the pilot to devolve decision-making for child victims of modern slavery

Escaped, Exploited & Empowered: Sabrina’s Story of County Lines & Breaking Free

The Home Office have released a research and analysis report on devloved decision-making for child victims of mdoern slavery. This pilot policy has been shown to be successful, and provides an improved and streamlined process for conclusive grounds decisions, as well as providing the opportunity for multi-agency collaboration on decision making. It also raised the awareness and understanding of the NRM.

RECOMMENDATIONS

Report recommendations:
1. Any future monitoring should evidence how children’s views are presented to, and taken into consideration by, the panel.

There is a need for future research to explore and identify relevant outcomes to track what impact the pilot is having on children who are subject to devolved NRM decisions.

2. Additional guidance came in relation to the set-up of the panel, seniority of panel members and their roles and responsibilities.

Ensuring detailed guidance is available to all new sites prior to a wider roll-out will help sites navigate the set-up stage even better and avoid delays.

3. Additional training for sites to clarify thresholds and legal definitions at set-up stage.

At a late stage, the need for additional training about more complex case scenarios was flagged. Offering repeat training sessions was seen as beneficial and is something that should be considered when expanding the pilot.

4. Defining the role and key responsibilities of pilot co-ordinators.

A dedicated and well-organised co-ordinator was seen as key to the successful delivery of the pilot. Best practice examples should be shared with any additional pilot sites to ensure the continued success of the programme.

5. Flexibility around the 90-day timescale for CG decisions should be considered as part of any updated guidance to ensure all relevant information has been gathered and is being considered by the panel.

6. Differences in legislation and governance need to be taken into consideration when rolling out to devolved nations, in particular how NRM decision-making connects into the safeguarding processes.

Exploitation and County Lines Specialist Sabrina Hewitt shares her lived experience and expertise on childhood exploitation, need for early intervention and trauma-informed care. This podcast episode hosted by Able Training Support provides a profound look into the experience of childhood trauma and the journey from a survivor to survivor leader. Sabrina Hewitt advocates for youth justice in her work as a trainer for numerous organisations.

‘Shattered lives, Stolen Futures’: The Jay Review on Child Criminal Exploitation

Special educational needs and the risk of school exclusion

Action for Children released a report on criminal exploitation across the UK. The review collected evidence from over 70 organisations, and individuals with lived experience of exploitation. The collated results were analysed to outline risk factors for exploitation, and set out recommendations for the UK government, judicial system, and organisations working with survivors of criminal exploitation.

In their blog on Special Educational Needs (SEN), The Children's Society details the exclusion of children with SEN from school. The blog details main risks and issues of school explusion. These were identified by working with children with SEN.

"The criminal exploitation of children is a complex type of child abuse where a young
person is manipulated or pressured to take part in criminal activity."

"Isolation and exclusion do more harm than good – damaging a child's learning and having negative impact on their mental health."

RECOMMENDATIONS

Report recommendations:
1. A single, cohesive legal code designed to tackle the criminal exploitation of children.

The criminal exploitation of children should be given a statutory definition within UK law and included in the relevant legislation and guidance across England, Wales, Scotland and Northern Ireland. A consultation should be held with children and families to develop corresponding guidance.
Specific legislation should be drawn up for England, Wales, Scotland and Northern Ireland covering child abuse through exploitation. This should create a new criminal offence of criminal exploitation.
The legal and human rights of the most vulnerable children must be safeguarded throughout, as set out in the United Nations Convention on the Rights of the Child (UNCRC).
New powers should be given to the police and criminal
justice system to identify and sanction exploiters.

2. Coordinated policy and practice at a local and national level.

The UK government should take the lead in developing a national strategy for preventing the criminal exploitation of children.
Exploitation must be recognised as a distinct category of child protection in all four nations with a new pathway for protecting children from risk outside the home.
A welfare-first approach should be taken in the management of offences committed by exploited children.
Local safeguarding arrangements must be robust and well-funded.

3. Investment, research and whole-system learning.

Investment and funding for early intervention and prevention services for exploited children must be specific, increased and ring-fenced.
Data and information collection must be standardised to allow for identification of children at risk and disruption of perpetrators, with a new cross-border protocol for sharing data between the four nations.
Data, learning and evidence from the four nations must be brought together to understand the full picture of exploitation and apply what works.

RECOMMENDATIONS

Report recommendations:
1. Race & Ethnicity

Schools should provide training to staff to help them develop a robust understanding of structural racism and the impact it has on children’s lives and specifically how it relates to school exclusions.
School policies must include protections for children whose behaviour is impacted by experiencing racism.
Recruitment approaches in schools should ensure that staff are diverse
and representative of the communities they work with, especially in senior
leadership roles.
A greater emphasis is needed on intersectionality, especially race and ethnicity, embedding cultural awareness, competence, and sensitivity.

2. SEND

Schools should work with social care and other agencies to identify young people who might present with SEND at the earliest possible time.
Schools should put as much emphasis on involving parents when a child’s behaviour is good as when it is bad. However, schools should remain ambitious for young people with SEND and help them achieve their full potential.
School staff having training to raise awareness of SEND including speech, language, and communication needs is paramount to support staff in school to identify when a young person could be presenting with such a need.

3. Behavioural policies

Schools must run an all-school session early in the school year about the behaviour policy, what is expected from students, and what students can expect from the school.
Schools must publish a SEND friendly version of their behaviour policy that accommodates all learning needs so that all students are clear on what the school expects of them.
A diverse range of students or a student council body should be consulted about the school’s behaviour policy.
Schools should also offer information sessions for parents on the school behaviour policy.

4. Use of isolation

Staff in isolation units should discuss with students what is causing the behaviour and identify if more support is needed for the student.
Isolation should not be small, white rooms with enclosed desks that make students feel like they are in a prison. Staff in isolation units should be encouraged to accommodate what the student feels like will help them – for example, letting children go outside and expend energy.

5. Independent advocates for children

Independent advocates must be utilised to promote the interests of the young person and ensure that the exclusion appeal system is there to genuinely be a system available and accessible for parents to use should they need it.

6. Trauma-informed approach

Schools must implement trauma-informed training and approaches to respond to children’s behaviour at school.
Schools must be aware that behaviours deemed as disruptive (such as difficulty concentrating and learning in school, being easily distracted, not seeming to listen, or being disorganised, hyperactive, and restless) are overlapping symptoms that are common to victims of trauma

7. Recognise school exclusions as a safeguarding issue

Schools must recognise young people being out of education exposes them to more hidden risks, and therefore must recognise that exclusion is a safeguarding issue.
Schools need to develop their understanding around contextual safeguarding and understand removing a child from their school will not be removing the threat or risk from the community as the source of harm will remain.

National Referral Mechanism Progress Report

The National Referral Mechanism: Near Breaking Point

In this report Kalayaan details the pressing need to train and recruit First Responder Organisations to meet the needs of and support survivors of modern slavery.

"The capacity of the current number of non-statutory First Responder Organisations remains a pressing issue that needs to be urgently addressed by the Government"

RECOMMENDATIONS

Report recommendations:

Consider and decide on existing applications from specialist front line organisations to become a First Responder Organisation
Establish a recruitment process without further delay for prospective organisations to apply
Develop and maintain a nationwide training programme for both statutory and non-statutory First Responder Organisations
Provide funding for First Responder Organisations to carry out their roles

Tackling Criminal Exploitation

Criminal Exploitation: Modern Slavery by Another Name

Centre for Social Justice and Justice and Care have released joint renewed vision for the fight against modern slavery in the UK that sets out six priority recommendations for how the next government can take seriously the challenge of modern slavery in the first year after the election.

In this report Centre for Social Justice and Justice and Care outline how criminal exploitation takes advantage of young people and vulnerable adults, and sets out recommendations on how to tackle criminal exploitation.

"The next government has a unique opportunity and a duty to put things right by reinvigorating the UK’s response to modern slavery, where political leadership has waned."

"Young people become ostracised by adults in their community, who see only the crimes being committed and not the chain of exploitation."

RECOMMENDATIONS

Top six recommendations for action in the first year of the new government’s term:
1. Re-assign ministerial responsibilities to reflect the true nature of modern slavery crime.

2. Review and address the impact of the recently introduced policy and legislation, particularly the Nationality and Borders Act 2022 and the Illegal Migration Act 2023.

3. Develop a new cross-departmental strategy to reinvigorate the response to modern slavery.

4. Ensure needs-based support is available to all victims of modern slavery by reviewing the National Referral Mechanism and rolling out the Victim Navigator programme.

5. Close legal gaps by introducing a new Modern Slavery Bill that would strengthen our response to criminal exploitation: 1) amend the Modern Slavery Act to include the definition of criminal exploitation and 2) introduce a new criminal offence of cuckooing.

6. Strengthen UK Government policy and legislation to prevent modern slavery in business and public sector supply chains.

RECOMMENDATIONS

Criminal exploitation: Modern slavery by another name Report recommendations
1. The Government should amend the Modern Slavery Act 2015 to make it work better for criminal exploitation, amending the Act as follows:

Amend the title of the Act to the ‘Modern Slavery and Exploitation Act’;
Amend section 3 of the Act to specifically add criminal exploitation as a form of exploitation and including a definition of criminal exploitation;
Amend Part 2 on Slavery and Trafficking Prevention Orders and Risk Orders as we have previously recommended to make imposition of an STPO mandatory on conviction for MSA 2015 offences and to require notification of an offender’s name and address as part of all STPOs and STROs (creating a national register for modern slavery offenders —similar to the sex offenders register). Also to allow imposition of orders on acquittal for modern slavery offences and conviction for other related offences where exploitation is indicated; to empower the Chief Constable of British Transport Police to apply to the court for orders to be made, varied, discharged or renewed; and allow police forces to apply for orders in respect of individuals not residing in their force area.

2. Training on criminal exploitation of both adults and children must be embedded in core training for professionals likely to come into contact with victims

3. The Government should create a specific offence to criminalise the act of cuckooing as a form of modern slavery (see our previous reports 'Cuckooing 2021', and 'Slavery at Home' 2023).

4. Every opportunity must be taken to safeguard potential victims of criminal exploitation identified in the criminal justice system. The Home Office should update the guidance ‘Criminal exploitation of children and vulnerable adults: county lines’ and the Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) to set out a clear referral pathway to local charitable diversion programmes for young people exiting youth justice services because a prosecution has been dropped due to the young person being a victim of criminal exploitation.

5. To identify challenges and ensure good practice in the response to victims of criminal exploitation in the criminal justice system:

HMICFRS should conduct an inspection into the identification and treatment of victims of criminal exploitation and pursuit of their exploiters by police forces highlighting best practice and areas for improvement.
The Home Office and Ministry of Justice should require collection by the CPS and Police Forces of anonymous data on the number of individuals raising the statutory defence and outcomes in those cases, and the number of CPS decisions not to prosecute on the grounds that a person is a victim of modern slavery, whether or not the statutory defence has been raised. The data should be published annually

6. The Home Office should publish an evaluation of the devolved NRM decision-making pilots for children, complete a full national roll out of devolved decision-making by 2025, and undertake a scoping exercise to expand the approach to adults.

7. The Home Office and the Ministry of Justice should smooth the pathway for victims into the NRM and MSVCC support from prison by:

Making HM Prisons and Probation Service a First Responder able to refer prisons to the NRM;
Providing training for prison and probation staff on modern slavery, the NRM and specifically criminal exploitation so they are able to identify potential victims and connect them with support;
Establishing a clear pathway for potential victims to be referred to the MSVCC so a support plan and connection can be made prior to a potential victim’s release from prison.

8. The Home Office should conduct a review of the access that victims of criminal exploitation (both adults and children) within the NRM have to specialist crime diversion support to protect them from re-exploitation and continued criminal activity

9. The Home Office should make the ICTG service a comprehensive national service

10. Local authorities should provide holistic support for adults who are at risk of or have become victims of criminal exploitation:

The Department for Health and Social Care should issue guidance for local authorities on assessing and supporting adult victims of criminal exploitation as adults at risk under Care Act 2014;
The Home Office should update the guidance ‘Criminal exploitation of children and vulnerable adults: county lines’ to add reference to responsibilities of adult social care under the Care Act;
DLUHC should initiate pilots of complex needs navigators to provide outreach support to prevent vulnerable people falling into homelessness and exploitation building on existing initiatives taken by local authorities under the Rough Sleeping Initiative fund.

11. The Home Office should set out in the Modern Slavery Act Statutory Guidance a clear, agreed process for obtaining consent from young people turning 18 while awaiting an NRM decision and transitioning them into MSVCC support or local authority or other support if they decline to enter the NRM. This process should begin at least three months before the young person’s 18th birthday. The process should be developed in consultation with First Responders, the MSVCC contractor and subcontractors, the ICTG service and local authority social services.

12. All victims of modern slavery who are eligible for social housing should be exempt from local connection conditions and have priority access to social housing. This should include victims of criminal exploitation and cuckooing and should not necessarily depend on them consenting to a referral to the NRM

13. Funders of community groups and charities should prioritise sustained funding for providing youth work, activities and support to young people and vulnerable adults at risk of or who have experienced criminal exploitation.

14. DLUHC should work with the Regulator of Social Housing and the new Ombudsman for the private rental sector (resulting from the Renters (Reform) Bill) to issue guidance for all landlords (social and private) and housing associations on the risk factors, indicators and best policy and practice for responding to cuckooing

15. Every local authority should establish multi-agency case conference processes (like MARAC, or MASH) to respond to every potential victim of criminal exploitation (and all other forms of modern slavery) at identification and to monitor and ensure support for victims’ care needs before and during the NRM if they are referred and outside the NRM if not.

16. The Home Office and Chief Constables should prioritise and resource increased neighbourhood policing. Including:

Increased police numbers to provide neighbourhood police in every local community building on hotspot policing initiatives as set out in the Anti-Social Behaviour Action Plan.
Guidance and KPIs for police forces on building relationships with local residents and community groups so that policing is done ‘with’ not ‘to’ the community building on the experience and guidance on the ‘Clear, Hold, Build’ tactic.

17. The Home Office, Department of Education and DLUHC should work with local authorities and police to increase data collection and analysis to identify rates of criminal exploitation and risk factors at local and national level.

18. The Department for Education should update the statutory guidance ‘The Children Act 1989 guidance and regulations Volume 3: planning transition to adulthood for care leavers’ to include a specific section on considering the risks of exploitation for care leavers and requiring consideration of the type of accommodation, location of that accommodation and the need to enable continuation of protective factors in a young person’s life such as proximity to new and existing services and support networks.

19. The Department for Education should bring forward regulations under section 35 of the Children and Social Work Act 2017 to require that criminal exploitation is included in personal social, health and economic education. Guidance should also outline the benefit of commissioning specialist independent charities to provide that education and note the additional benefits of involving staff with relevant personal experience in delivering such sessions.

20. Schools and the Department for Education should take steps to develop and strengthen the approach to inclusion by adding inclusion as a fifth key judgement in Ofsted inspections; introducing a national inclusion framework for schools and academy trusts.

21.The Government should take steps to address root causes of vulnerability by:

Supporting people into work through expanding Universal Support beyond the placement-based model currently being rolled out, ensuring claimants facing complex challenges – such as addiction – benefit from the sustained, keyworker support that will equip them to undertake employment in the longer term (see CSJ, Unfinished Business, 2020).
Tackling addiction by re-establishing and maintaining an adequate network of residential rehabilitation facilities to support meaningful recovery for the most vulnerable as a matter of urgency (see CSJ, Road to Recovery, 2019).
Strengthening families and preventing family breakdown by giving employee fathers statutory time to attend four antenatal appointments and improving the terms of statutory parental leave (see CSJ, A Submission to Government for Implementing the Family Help Teams, 2022).

Licensing Frameworks and Teams

Phillipa King, Managing Director, Shiva Foundation

Keith Lewis
MSCOS Research Advisory Board

Shiva Foundation’s latest report 'Understanding the Potential of Licensing Frameworks and Teams to Tackle Modern Slavery in the UK’ identifies key principles for leveraging existing frameworks which are already used by licensing and enforcement teams to embed anti-modern slavery responses and provide practical solutions for enhancing anti-modern slavery provisions across licensed sectors.

At the recent Cyprus Forum speaking a on a panel focused on business and human rights, Keith Lewis described being ‘trafficked ‘in plain sight’ and explained how he connects this experience to his proposal for the strengthening of existing health and safety licensing.

"The untapped potential of licensing provides a promising pathway for modern slavery prevention. With collaborative efforts from national and local authorities, we can transform routine procedures into powerful tools."

"My trafficking for forced labour was ‘in plain sight’ of hundreds of people in the UK. It made me realise that health and safety licensing should be strengthened to include us"

Find Out More Here

“Modern slavery can be identified across a number of council areas including, licensing, environmental health and trading standards, housing, procurement, community safety and social services. There are 333 local authorities in England and approximately 1.4 million private sector businesses (Federation of Small Business) which support the efforts of licensing frameworks.

Licensing teams visit towns and cities and rural/remote/agricultural areas throughout the year: To combat modern slavery they need:

On-going training to identify and act upon signs of modern day slavery in all forms;
Regular meetings with responsible authorities to address any concerns that arise at the earliest stage.
Comprehensive mechanisms by which they can flag up indications of modern slavery to trigger prompt and sensitive exploration.

We recommend:

Strengthening the Revised Guidance issued under section 182 of the Licensing Act 2003’ by adding modern slavery and human trafficking to the list of serious crimes and clarifying that prevention of modern slavery is a valid consideration under the ‘prevention of crime and disorder’ licensing objective.
Practical guidance issued on modern slavery which is specifically tailored for licensing teams
Modern slavery provisions incorporated into existing licensing policy
Modern slavery questions and enquiries included in the standard licensing policy, licensing application process and inspection forms.
Licensing teams raising awareness of modern slavery during their consultations.
Licensing arrangements provided in detail within Modern Slavery Statements.

Key to this approach is partnership working between licensing teams and law enforcement: Cross-agency collaboration and intelligence-sharing should be systematized and strengthened to swiftly disrupt and dismantle modern slavery operations. By undertaking joint operations, the relevant law enforcement organisations and partners can be present together to discuss areas or premises of concern. They can work more quickly to deal with the crimes and is an effective way to pool capacity and resources to ensure an efficient response.”

"Implementing these measures, can raise awareness and establish clear fostering a vigilant and informed society."

The Shiva report will be presented at the Institute of Licensing National Training Conference on 15th November.

Shiva Foundation has 3 webinars you can watch on YouTube:
Empowering licensing teams; How to raise awareness amongst license holders and Partnership working with law enforcement.

© Keith Lewis at [email protected]
As a person entrapped in modern slavery for 8 years in the UK, I laboured in landscaping private properties, building conservatories and patios, making driveways, pathways, walls, or doing any cleaning or other work the trafficker could profit from,

I qualified as a chef at college, it was a vocation I loved. However, immediately after leaving college, I became homeless. I was sleeping rough in the streets, unable to claim benefits or to get a job because I didn’t have a fixed address. By the time I was offered a rough place to stay by the traffickers and work as a builder, I was desperate for help. Gradually the control and the working hours ramped up – they don’t show you this side for a while. Soon the traffickers were controlling me in forced labour 10-12 hours a day, 7 days a week. Then the violence began after about 6 months, when I thought I was having my first day off. The main trafficker called me out of the shed I lived in with other men and asked me what I had been doing. He then punched me in the face and landed other blows, beating me. From that point the violence and control stepped up. After the first violent incident, my working hours were stepped up to a point where we were labouring between 12-16 hours a day, because the trafficker told us not to come back unless the work was finished. There was always fear in us about what would happen to us if we returned ‘too soon’. Over the course of 8 years, I tried to escape 3 times, and each time I was kidnapped by men, thrown in a lorry, beaten up and brought back.

It is not only about doing a normal job without being paid, which is a terrible thing. It is also arduous work, using dangerous tools and labouring over long periods of time in which you feel exhausted. The potential for injury is high. We were given hazardous work tools and conditions with no health and safety regulations, and we were not given protective clothing or equipment of any kind. From day to day, I couldn’t wash myself on the site where I lived; I had no access to a toilet and no running water. We had to use public rest rooms or toilets. Washing on the site meant being able to get water and boil a kettle. I slept in small caravans or sheds which I was forced to share with strangers, sometimes I had to share a bed with a stranger as well: we had to lie top to tail.

"To me, licensing for health and safety, says it all – on any site or in any venue if you are not healthy and you are not safe because you are in modern slavery, it should apply to you"

I met thousands of ordinary people while this was happening to me: customers for these building services, their family members multiple people in the local communities, and members of the public, wherever we went. When I say ‘trafficked in plain sight, we were in people’ s own private houses, and we were making driveways, patios, walls, conservatories, being seen by others outside. We were dressed in filthy clothing, which was completely inadequate for the work we were doing, and our skin was dirty from one day to the next. Our shoes were falling off our feet. The traffickers would turn up in a really smart suit and nice car – but the customers did not see this difference – all they would see was the cheap job they were getting.

We had encounters with the police during this time. Sometimes the jobs would get ‘boosted’ by the traffickers, meaning that they would fraudulently put the price up in the course of the job and make us try to extort the customer. The people in the house would sometimes call the police and the police would arrest us and take us to the police station. There would always be a lawyer waiting there for us, who was paid on retainer and sent by the trafficker to ‘represent’ us, or in other words, to keep us silent. We never got the chance to speak to the police, and despite our vulnerability and shabby appearance, they did not ask us any questions about our circumstances. We were instructed by the lawyer what to say and what not to say. I remember the lawyer and the traffickers laughing about this afterwards; they had got away with it.

We went into a lot of rest rooms, public toilets, restaurants and take-aways, garages and many other venues, to use toilets and bathrooms (although they would often refuse to let us in, due to our shabby appearance). I saw lots of signs saying ‘Health and Safety’ in these places. If you are being held in modern slavery against your will or working long hours for little or no pay , it is a health and safety risk. I think there is a nervous approach globally to anti-trafficking responses, and a resistance to starting up new licensing systems or going to expense.

"I feel sure that if modern slavery licensing and inspections were directly attached to existing health and safety licensing, it would be a lot easier to move forward and to get a greater understanding of a true definition of what health and safety standards must be in every workplace"

Anti-Trafficking Directives

Trafficking in Human Beings in Ireland: Second Evaluation of the Implementation of the EU Anti-Trafficking Directive

EU Anti-Trafficking Directive 2011/36/EU and proposed amendments

Trafficking in Human Beings in Ireland: The second
Evaluation Report on the progress made and actions
undertaken by the State to address and combat human
trafficking, in all its forms is a resource for national policy
makers, practitioners, researchers, and the general public.
The report’s approach is centred in distinct procedures for adults and children, with reference to the international OSCE/ODIHR NRM Handbook and stating that:

Directive 2011/36/EU (‘the EU Anti-Trafficking Directive’) provides a comprehensive legal framework for EU Member States. covering criminalisation of the offences, prevention, as well as protection in the criminal justice process, assistance and support. Article 19 obliges EU Member States to establish national rapporteurs (or equivalent mechanisms) to assess trends, measures results of anti-trafficking actions, gather statistics and report.

"Ireland’s new NRM is an essential part of the anti-trafficking framework. Providing for a victim-centred identification pathway with clear assistance and support to victims in statute is significant. "

Proposed amendments to Anti-Trafficking Directive include:
▪ Adding forced marriage and illegal adoption among the forms of exploitation explicitly covered in the Directive;
▪ Explicitly referring to the misuse of the internet, social media, to commit trafficking offences; strengthening the sanctions for companies (Elegal persons) held accountable for trafficking offences introducing a mandatory sanctions regimes;
▪ Formalising the National Referral Mechanisms, which deal with identification of victims and their referral to protection, assistance and support services;
▪ Requiring Member States to criminalise the knowing use services exacted from victims of trafficking in human beings;
• Formalising an annual data collection on trafficking indicators.

Safety in Reporting to Police

UK Modern Slavery & Exploitation Helpline by Unseen UK is a free and confidential helpline, open 24 hours and available in 200 language. It provides information, advice and guidance about any modern slavery issue to potential victims and survivors, the public, statutory agencies such as the NHS and police, and businesses.

Find out more here

Justice and Care Victim Navigators are embedded within several police forces and regions in England, Police Scotland and in Romania. The navigator role is to act as a bridge between recovered victims of trafficking/modern slavery and law enforcement. The Navigator programme began in Surrey and Kent after successful work in India and Bangladesh. The programme has been independently evaluated showing that victims supported by a navigator engaged and remain engaged with Police and the judicial process in 92% of cases compared to the National figure of just 44%.

Victim Navigators should be available to engage with victims from the moment of identification by police, or at any time when other victims may wish to approach the police to provide information or report a crime. They can provide trauma-informed and specialist support immediately, and seamless ongoing coordination between the victim and the officers who may interview them and investigate their case. They help victims to understand their rights and entitlements and work with them to create an individualised support plan, in accordance with their needs, priorities and aspirations. They can act as an advocate and where necessary chaperone, helping victims to ‘navigate’ the complex landscape of services and entitlements and their journey through the criminal justice process.

"Our hope is that through our advocacy work, victims will feel better supported and therefore be better able to support police with bringing their perpetrators to justice. As such, the role also involves supporting police and local stakeholders with training to help increase their confidence as they manage complex cases and act as first responders to potential victims. We collaborate closely with trusted partners in source countries to ensure end to end support, as well as to identify and share best practices for systemic change."

Find out more here

When calling the helpline, you can:
1. Speak to a trained adviser who can help you with a range of options, including:

Helping you or someone else get access to support services
Reporting something you've seen or are concerned about
Advice about abuse, exploitation or modern slavery
Getting more information about training and raising awareness

2. Give your details in confidence or anonymously where appropriate
3. Have an initial safety check with an adviser
4. Explain what you need
5. Talk through potential options and next steps, including:

Helping you with a referral to a service
Reporting information about a potential slavery/trafficking case to the police or other relevant agency
Safety planning
Confirming no immediate action will be taken if you don't want it to, but encouraging you to contact us again if you need help or can provide more information
Agreeing to contact you again for more information in order to provide referrals and other resources or coordinate next steps

You can also report online via the online form.

Safety in the Criminal Justice System

Find out more here

Systemic Investigation, Protection and Protection Strategy (SIPPS) by Dr Craig Barlow provides practitioners and investigators with a systemic approach to investigation, assessment and intervention for cases of modern slavery/human trafficking and other forms of general violence, harassment and intimidation.

It provides a pathway intended principally for use in the assessment of risk and can be used to contribute to safety and rehabilitation planning, Achieving Best Evidence (ABE) and Suspect Interview Strategies, and disruption and prosecution strategies in cases of actual or suspected Trafficking, Slavery, Servitude and Sexual Exploitation. It works especially well in the context of multi-disciplinary or team settings and is well suited to joint-agency strategic planning and tactical decision making in safeguarding investigations and investigations of modern slavery/human trafficking offences. It can be used as an initial assessment tool, or as a method of monitoring and measuring progress by applying and coding the items periodically during the implementation of safety plans and direct working with victims and perpetrators.

The model emphasises that abuse and exploitation can be placed upon both a temporal and developmental continuum. It is crucial to make sense of the context from which the victim and abuser have come.

There is a Past: Exploitation and abuse does not happen in a vacuum, it exists because there is a demand for children and vulnerable adults to exploit, and some people are more likely to be exploited or to be exploiters, than others.
The Present is the current context in which the perpetrators and a vulnerable person exist: How do they make sense of their predicament? What are their beliefs and relationships to, and with each other?
There is a Future to Plan For: What will happen in the short, medium, and long term, both with and without intervention?

“I am delighted to endorse Craig and the SIPPS Model, I have given lectures with him to a variety of academics, practitioners and investigators at all levels. His contribution to my specialist field of work has transformed my practice. His ability to absorb the nuances of a criminal case, apply known theory and support it with the material provided, organize this within the SIPPS Model and then give me a path through which to prosecute the case is priceless.”
Caroline Haughey KC, OBE

“The SIPPS has been invaluable in the complex area of Child Sexual Exploitation. The SIPPs links with the FRaSA in the methodology of organising information to identify gaps and meaning, however the SIPPS has the multi-faceted dimension of drawing the practitioners attention to issues of trafficking, exploitation, modern slavery in addition to risk of, or actual sexual exploitation. The SIPPS enables the objective analysis of behaviour and information to create multiple hypotheses for a young person. The SIPPS training provides an advanced level of knowledge regarding the legal options that the Police might use to disrupt the behaviour, and encourages Social Work staff to make suggestions using this knowledge to their Police colleagues.”
Head of Child Safeguarding, London

"I was the senior investigating officer in the UK’s first successful prosecution of Domestic Servitude within a marriage. The SIPPS Model was crucial in a case plagued with complexities of Honour Based Violence, Human Trafficking, Modern Slavery, and control and coercion. The SIPPS assessed vulnerability and risk to the victim and other witnesses, proving useful not just to the investigation but the Prosecuting Counsel also. Outside of the trial process, Craig Barlow expertly assisted police in achieving a multi-agency safeguarding plan. The successful prosecution was hailed as groundbreaking and Craig should be credited for his input into this high-profile and complex case."
Detective Sergeant, London Metropolitan Police

“The CSE risk assessment tool helped me to organise the information that I already had about the case and highlighted areas that I did not have any/enough information about and needed to explore further. Exploring the different possible risk factors for CSE enabled me to identify which areas of my intervention with the young person should be prioritised.
The tool also helped in working with other professionals on the case, I used the tool to structure a strategy meeting and I think that this eased the anxiety of some of the other professionals.”
Social Worker, London

Access to legal aid for advice and representation

In their report, ‘It has destroyed me’: A legal advice system on the brink, ATLEU are calling on the government to urgently reform the legal aid system for survivors.

Find out more here

"I have seen first hand throughout my work, the transformational role that quality and timely legal advice and representation can have for survivors. I have also seen the devastating consequences when survivors are not able to access this: destitution, homelessness, detention, criminalisation, removal and further exploitation."
Urmila Bhoola (former UN Special Rapporteur on Contemporary Forms of Slavery) in the foreword of the ATLEU report, "It has destroyed me’: A legal advice system on the brink".

In their report, ‘It has destroyed me’: A legal advice system on the brink, ATLEU are calling on the government to urgently reform the legal aid system for survivors. Survivors of trafficking and modern slavery should be able to access free, specialist, quality legal advice and representation when they need it, without delay. In its current form the legal aid system prevents this. The following urgent changes to the legal aid system are required.

Survivors of trafficking and modern slavery should receive non-means tested legal aid to ensure all survivors can access free legal advice. Anyone with a positive Reasonable Grounds decision and/or in receipt of Modern Slavery Victim Care Contract financial support payments within their recovery or reflection period and/or receiving ongoing support via the Recovery Needs Assessment process should be entitled to non-means tested legal aid.
Legal aid should be automatically available for victims and potential victims to access advice and representation when they need it. To achieve this the following areas of law should be brought into scope:
- 1. Pre NRM immigration advice: for those with indicators of trafficking and modern slavery prior to entering the NRM, so that individuals are genuinely able to provide informed consent to a referral into the NRM and make informed decisions about their future following their escape from exploitation.
- 2. Advice on identification as a victim of trafficking and modern slavery should be available to all victims and potential victims under a number of different legal aid categories.
- 3. Advice on the Criminal Injuries Compensation Scheme for potential and confirmed victims of trafficking and modern slavery. This should include advice on applications, reviews, and appeals.
Publish a clear and unequivocal statement setting out survivors’ entitlement to legal aid. Reducing the confusion around what matters are or not funded by legal aid will help increase legal aid providers’ confidence in opening legal matters for survivors of trafficking and modern slavery and improve accessibility. The Ministry of Justice and the Home Office should produce a statement which positively, clearly and comprehensively expresses the legal aid entitlement of survivors in England and Wales, across all legal areas, providing more detail than set out in the current statutory guidance (under section 49 of the Modern Slavery Act 2015). This should be easily accessible on the Legal Aid Agency website.

The legal aid system should be effective and efficient, founded on evidence based policy, with fair and equitable payment so that it is sustainable for providers and guarantees survivors of trafficking and modern slavery access to justice now and in the future.

Legal aid providers must be paid for the work that they do if survivors are to access quality legal advice when they need it and without the delays that can damage their cases. Immigration legal aid for trafficking and modern slavery cases should be paid on an hourly basis, with rates of remuneration for civil legal aid raised so that this important work does die out completely. Legal aid funding for trafficking and modern slavery cases requires funding that is reflective of the evidenced complexities, length and cost, of running such cases and the high level of vulnerability of this group. There are certain types of cases that cannot be operated on a fixed fee basis as they are so complicated and to do so leads to a market failure. Trafficking and modern slavery immigration cases, like Unaccompanied Asylum Seeking Children, is one such group. Rates of remuneration for civil legal aid are extremely low and must be urgently reviewed and increased to a sustainable rate.
Introduce an efficient, streamlined process for opening, reporting and billing legal aid matters to replace the overly complex, burdensome bureaucracy that deters so many legal aid providers. The introduction of hourly rates remuneration in trafficking and modern slavery cases must be accompanied with the introduction of systems which are more streamlined and user friendly. At a minimum, this should include extending and improving the ‘self grant’ scheme that currently allows some providers to grant themselves higher cost thresholds, and lighter touch auditing after recruiting and encouraging quality providers to work in the field. We would welcome working with the Legal Aid Agency on measures that could reduce administration.
Data on survivors’ access to legal advice must be collected to ensure that the legal aid system is evidence-based, accessible and effective. The Ministry of Justice and the Home Office should routinely collect and publish statistical data on those with Reasonable or Conclusive Grounds decisions who gain access to legal aid under different categories of law. This would provide a fuller picture about the proportion of survivors who are able to access legal aid advice and give a clearer indication of the scale of the issues. This data could be collected at the point an individual signs a controlled work form and makes an application for legal aid.

It is in the public interest that the legal aid system support survivors to hold the perpetrators of trafficking and modern slavery to account. The barriers to accessing legal advice which prevent survivors from bringing trafficking and modern slavery compensation claims should be removed.

Introduce a legal aid contract for trafficking and modern slavery compensation claims. This work is currently referred to as ‘miscellaneous’ and can be undertaken by any provider irrespective of their previous experience or competence in the field. A legal aid contract would establish requirements around quality as well as supporting providers to establish a viable business model for developing this area of work.
Introduce into law a dedicated civil remedy for trafficking and modern slavery to simplify the recovery of compensation from the perpetrators of trafficking and modern slavery.