Recommendations and conclusions 103 shown
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
We are deeply concerned that the Government is prioritising irregular migration issues at the expense of tackling human trafficking. The Government’s de- prioritisation of human trafficking is not reflective of the scale of the threat it poses or the gravity of the crimes involved. As was expressed by several stakeholders, human trafficking and modern slavery is not an immigration offence (an offence against the State), it is an exploitation offence (an offence against the individual).
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office must not conflate immigration with human trafficking and modern slavery at the expense of protection of victims of human trafficking.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office’s shift in policy focus to irregular migration is also demonstrated by the Government’s long delay in producing a new Modern Slavery Strategy and by the recent transfer of elements of responsibility for modern slavery and human trafficking from the Safeguarding Minister’s portfolio to that of the Immigration Minister.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office and respective public authorities should treat human trafficking as primarily a protection issue and not an irregular migration concern. Future legislation must take account of the legitimate protection and support needs of all victims including UK nationals.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office, working together with key human trafficking sector partners, criminal justice practitioners and survivors, must accelerate and scale up efforts to develop a new and overhauled Modern Slavery Strategy. This should include actions to address all forms of exploitation, including the increasing prevalence of criminal exploitation of children and adults, and exploitation facilitated by technology. To identify better the proceeds from trafficking crimes, the new Strategy should include actions to enhance partnerships with financial intelligence, the financial services industry and financial regulators. A child-specific strategy should also be developed to take account of children’s specific needs and vulnerabilities.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
In accordance with the recommendation made by the Organisation for Security and Cooperation in Europe (OSCE) in its 2023 UK country visit report, we urge the Government to withdraw the issue of modern slavery and human trafficking from the Minister for Immigration and reinstate the full remit of human trafficking and modern slavery policy to the Minister for Safeguarding alone.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Home Office’s approach to stakeholder engagement has been lackadaisical. It has taken the Home Office two years to launch a new formation of stakeholder groups (Modern Slavery Stakeholder Forums), during which time key legislation affecting victims of trafficking has been enacted with minimal or non-existent consultation with key human trafficking stakeholders. This is unacceptable. It is evident that this lack of Home Office accountability has been further exacerbated by the vacancy of the post of Independent Anti-Slavery Commissioner for the last eighteen months, which we will discuss later in this chapter.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Modern Slavery Unit’s outputs, including belated information about its new model for stakeholder engagement (Modern Slavery Stakeholder Forums) is opaque to say the least. We deeply regret that a unit comprising 56 staff has prioritised work on the Illegal Migration Act to the detriment of preventing human trafficking, protecting victims and prosecuting offenders responsible for human trafficking.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Home Office should urgently resume publication of its annual reports on human trafficking. It should publish a Human Trafficking and Modern Slavery annual report by March 2024 to include key outputs and Home Office policies that are in development to address shortcomings, including prevention work, victim support for those in the National Referral Mechanism (NRM) and post-NRM, and support for UK nationals.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
We welcome the Home Office’s appointment of a new Independent Anti-Slavery Commissioner (IASC) and look forward to inviting her to speak to us as soon as possible, to understand how she intends to prioritise the prevention of human trafficking—including tackling demand, the prosecution of offenders and the protection of victims. However, it is unacceptable and appears to be, at least in spirit, a breach of the statutory duty that there has been no IASC in post for a year and a half, during which time key legislative changes have been made and levels of public discourse around modern slavery have been high. Furthermore, there was no good reason for the delay in this appointment. The role of the Commissioner is crucial not only because of the Government’s statutory obligation to have an IASC in post, but also because it provides an essential, independent voice that is vital in the current political debate about human trafficking and modern slavery in the UK.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
There must be a pre-appointment hearing with the Home Affairs Committee, for the next IASC to be appointed which would allow that Committee to participate in an advisory capacity that better informs the Minister’s final decision.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Enforcement of the current provisions of Section 53A of the Sexual Offences Act 2003 is insufficient to deter those who buy sex.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Section 53A of the Sexual Offences Act 2003 should be strengthened and penalties upon conviction increased to ensure comparability with other sexual and trafficking offences and to increase the deterrent value.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
There should be much greater use of section 53A of the Sexual Offences Act 2003 by police forces and the CPS. This should be supported by additional training on the use of section 53A, provided by the College of Policing, and prioritisation by the CPS and police forces. The Government should publish annual data on prosecutions and convictions under section 53A.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should conduct a comprehensive review of all legislative, policy and educational initiatives that are underway to reduce demand for sexual exploitation and report on this by June 2024. This review should compare the UK’s approach with Human trafficking 73 European countries and consider whether the Government should follow others in criminalising all acts of paying for or attempting to pay for sex and decriminalising victims of exploitation by removing penalties for soliciting.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Government’s Modern Slavery Strategy, which we have recommended be updated, must set out how the Government will combat the demand for sexual exploitation created by individuals who pay for sex.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The new Independent Anti-Slavery Commissioner should actively consider including a strategy for reducing demand for sexual exploitation in the Independent Anti-Slavery Commissioner Strategic Plan.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
To ensure that the severity of sexual exploitation is recognised, the Home Office and law enforcement should refrain from using the term ‘sex work’.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should do more to prevent human trafficking for labour exploitation in both the UK and in corporate supply chains. The Modern Slavery Act 2015 should be strengthened by enforcing fines for non-compliance with its Transparency in Supply Chains provisions and by encouraging businesses to practice due diligence when potential modern slavery is discovered. The Government should address systemic gaps in various seasonal visa schemes, and sectors with high demand for foreign labour, which are creating environments susceptible to labour exploitation. It should also ensure that the rate of inspectors within the Gangmasters and Labour Abuse Authority is in line with, or above, the international standard to allow for proactive inspections.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Section 54 (publishing a transparency statement) of the Modern Slavery Act 2015 must be strengthened by utilising sanctions for non-compliance. This should also be extended to the public sector, to reduce the risk of the UK purchasing goods produced using forced labour.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government must review safe visa routes for sectors with high demand for labour. This review must consider whether more safe routes can be created to address demand.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should allocate funding for an increase in the number of Gangmasters and Labour Abuse Authority inspectors, so that more proactive monitoring and enforcement of labour laws can be implemented by the Gangmasters and Labour Abuse Authority.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Criminal exploitation is the most reported form of human trafficking and modern slavery, but there is insufficient training for law enforcement personnel in victim recognition and inadequate support for victims of criminal exploitation.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Home Office should review its Modern Slavery statutory guidance on criminal exploitation every six months to be inclusive of emerging intelligence for this form of trafficking.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
Ofcom should set out in its codes of practice the responsibility of technology companies for proactively identifying and tackling human trafficking on their online platforms, with significant penalties imposed for non-compliance with their statutory duties.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Websites advertising prostitution significantly facilitate trafficking for sexual exploitation. The threat posed by websites advertising prostitution, the continuing failure of their owners to implement even the most basic safeguards against pimping and trafficking, and the sheer scale of trafficking for sexual exploitation they facilitate, is at total odds with the National Crime Agency and Home Office’s decision to collaborate with them. We found this public partnership working inexplicable, particularly given the total absence of evidence that it has led to a reduction in the scale of trafficking facilitated by these websites—and the flagrant facilitation of trafficking enabled by, for instance, single individuals being allowed to advertise multiple women for prostitution.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Legislation which bans third party profit-taking from the prostitution of another person should be extended to prohibit any individual or company from enabling and/ or profiting from the prostitution of another person, including facilitation that takes place via online, digital services, websites and the internet.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office and law enforcement should be taking all measures possible to tackle trafficking for sexual exploitation online, so that it is no longer so easy or profitable for perpetrators to make money from sexual exploitation, including by ‘following the money’ and exploring links to money laundering and other organised crime gang- related activities and criminality.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Until new legislation is introduced prohibiting profiting from or enabling the prostitution of another person, law enforcement should utilise all available legislation to investigate and hold accountable websites that facilitate trafficking for sexual exploitation. This includes legislation prohibiting companies from benefiting from the proceeds of crime and preventative measures such as Slavery and Trafficking Risk Orders.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
In order to enforce the provisions in the Online Safety Act requiring websites to take action against trafficking occurring on their sites, Ofcom should take immediate and full enforcement action against any website advertising prostitution that enables the same phone number to be used in multiple adverts, fails to independently verify the age and identify of every individual advertised on their website, allows single individuals and/or single accounts to advertise multiple individuals for prostitution, allows anonymised payments, and allows any individual to place or pay for another person’s prostitution advert.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The high number of referrals into the National Referral Mechanism and the number of live investigations together highlight the ability to identify human trafficking and exploitation that occurs in the UK. These cases are resource-intensive and potentially complex; however, the low prosecution rates are unacceptable. The criminal justice system faces constant competing resource demands in this area; however, it needs to Human trafficking 75 be a Government priority to increase the charging and conviction rates for modern slavery and human trafficking offences, to reflect the seriousness of this crime.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
Criminal justice practitioners, including the police in England and Wales, the National Crime Agency and Crown Prosecution Service, must urgently review and then accelerate and scale up their efforts to investigate, prosecute and effectively adjudicate human trafficking and modern slavery cases. Cross-organisation working must support the priority goal of evidence gathering.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The National Crime Agency recognises Human Trafficking and Modern Slavery as a national threat; in consequence it should be a national priority. Yet it remains unclear the extent to which police forces prioritise the detection and investigation of human trafficking and modern slavery offences.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
All Police and Crime Commissioners should actively consider setting modern slavery and human trafficking as a priority in their police and crime plans.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
In collaboration with the National Police Chiefs’ Council, the Home Office should direct the College of Policing to collate learning from forces that are effective in pursuing and investigating modern slavery and human trafficking and work with the Crown Prosecution Service to secure convictions. This record should be then shared with all other forces.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
We remain unclear to what extent front line personnel and police officers are trained in human trafficking and modern slavery matters. Nor do we have data in the proportion of police forces which benefit from specialist human trafficking units. The Government’s forthcoming new Modern Slavery Strategy should address both these information weaknesses.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Chief Constables must ensure that their police officers and public-facing staff (including non-specialist staff, as appropriate) are supported through initial and ongoing training and learning, specialist policing resources and victim support arrangements, so that they are able to identify effectively and support potential victims of modern slavery.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Training should be centralised, for example via the National Police Chiefs’ Council Modern Slavery and Organised Immigration training resources. Tackling human trafficking should be recognised as a national law enforcement priority and be resourced at a level commensurate with the harm it causes to these vulnerable victims of crime.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should direct that every police force is provided with a dedicated modern slavery and human trafficking specialist team.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Financial investigations are essential to tackling organised crime and traffickers, particularly for evidence-led prosecutions. However, we heard that these specialists can be hard to resource.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government needs to ensure that appropriate priority is placed on resourcing financial investigations within law enforcement bodies.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Every modern slavery and human trafficking specialist unit must have a dedicated financial investigator.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Some police forces have had success in investigating and charging modern slavery and human trafficking cases under the Modern Slavery Act 2015 using evidence-led investigations.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
There is an evidence-led mindset in relation to investigating domestic abuse which is promoted by the UK’s College of Policing but which does not seem to be the case for modern slavery and human trafficking (MSHT): no equivalent evidence-led prosecution guidance exists for MSHT.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
It is the case that investigations into all forms of human trafficking should proactively consider an evidence-led prosecutions approach, with the CPS guidance on domestic abuse and evidential opportunities being transferable to human trafficking.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Home Office should include a section on evidence-led prosecutions in its modern slavery statutory guidance drawing on Article 27 (1) of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT). Similarly, the Crown Prosecution Service should amend its Guidance to Prosecutors on modern slavery and the College of Policing should include in its Authorised Professional Practice (APP) on modern slavery training content.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The National Crime Agency’s (NCA) remit is not only international but also includes internal organised crime group threats. The NCA’s work has been mostly diverted to focus on tackling smuggling upstream, in line with the Government’s focus on organised immigration crime. The diverting of resources away from modern slavery and human trafficking impacts the fight against both UK-based trafficking and at the international level.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
International cooperation should not be focused on people smuggling to the detriment of efforts to combat modern slavery and human trafficking and prevent exploitation of the victims.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office should include a clear plan of international programme work in the new Modern Slavery strategy. This should include investment in joint investigation teams that intersect with human trafficking vulnerabilities.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Despite legislative provisions being in place since 2015, prosecution and convictions rates are still comparatively low across the UK. This is unacceptable.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
To increase the number of prosecutions, the Government must create and supply additional training for criminal justice practitioners on identifying victims and prosecuting human traffickers.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government must take steps to encourage greater cross-partnership working between the Crown Prosecution Service, policing and the National Crime Agency. This should involve earlier involvement of the CPS in policing investigations.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Victims of human trafficking are continuing to be prosecuted for criminal acts they were compelled to commit. The evidence suggests that this is mainly due to an insufficient understanding amongst investigators, prosecutors, judges, and defence lawyers of the statutory defence available to such victims, and when or how that defence should be applied.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should review the training and guidance available to criminal justice practitioners to ensure it includes clear and consistent information on the s45 statutory defence. This training should be provided across all bodies in the criminal justice system.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
Law enforcement should make early assessments of s45 cases in areas that are known to be connected to human trafficking (for example, cannabis cultivation) to identify any indicators of trafficking and then fully investigate where an offence is apparent or alleged.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
In line with the recommendations on s45 of the Council of Europe’s Group of Experts on Action against Trafficking in Human Being’s third UK report, the Government should: a) ensure that the non-punishment provision can be applied to all offences that victims of trafficking were compelled to commit, by ensuring that victims are promptly identified and receive adequate support from their first contact with law enforcement agencies; and b) ensure that the allocation of the burden of proof does not substantially hinder the application of the non-punishment provision.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The definition of human trafficking in the Modern Slavery Act 2015 should be amended to remove the requirement for the exploitation to have involved travel. a) The Modern Slavery Act 2015 should be amended to clarify that the consent of the victim is irrelevant not just in relation to the travel, but in relation to the exploitation itself.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Engaging with victims and building rapport and trust not only supports better outcomes for victims but can lead to a better evidence base and therefore to more successful prosecutions.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The role fulfilled by Victim Navigators is essential to supporting victims in the criminal justice process and enabling investigation teams to build evidential cases.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Victim support must be at the centre of the investigation and prosecution process. The Victim Navigator programme should be expanded and utilised in all cases. A victim centred approach will take account of culturally appropriate support and good communication with NRM support services.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The extensive time taken for Conclusive Grounds decision-making within the National Referral Mechanism is unacceptable. Lengthy decision-making is detrimental to victims’ mental health and wellbeing and puts significant pressure on the services that support them during this time.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that the Home Office significantly reduces the number of days taken to make National Referral Mechanism decisions and clears the backlog of National Referral Mechanism decisions. It should aim for the target timeframe outlined in the Modern Slavery statutory guidance and should set a target date for clearing the backlog of June 2024.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Home Office should report in its annual and quarterly statistics on the waiting times for all cases within the system, the amount of time for which referrals are suspended, withdrawn, or closed, so that a better picture can be drawn of actual waiting times.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Recruitment campaigns and the training of new National Referral Mechanism staff are welcome, and we look forward to the Home Office notifying us when the promised 200 new staff are recruited by the end of 2023. However, the attrition rate remains unacceptably high, and the Home Office must address this urgently.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Home Office must recruit the promised 200 National Referral Mechanism decision-makers by the end of 2023 and focus on reducing the attrition rate to 15%. This should be done through increased resourcing, training and support for ongoing staff, as well as through enhanced recruitment campaigns. We recommend that the Home Office collects data on why decision-makers are leaving, to inform how to reduce attrition rates further.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Home Office should include in its quarterly National Referral Mechanism statistics data on the number of Competent Authority staff, setting out how many are Reasonable Grounds/Conclusive Grounds decision makers, how many are new staff, and giving the attrition rate of staff.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that the Home Office either reinstate the multi-agency assurance process or establish a similar quality assurance process.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
A myriad of challenges within the National Referral Mechanism system are overwhelming First Responders’ already limited capacity to identify and support potential victims of human trafficking. However, the Home Office is not presently accepting applications for more First Responder Organisations, nor improving the resources which existing First Responders have in order to overcome capacity issues. Furthermore, statutory First Responders lack training on their legal responsibilities when encountering a potential victim of human trafficking.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that the Home Office develops and maintains a nationwide training programme for both statutory and non-statutory First Responder Organisations. This training should include identifying victims and recognising indicators of human Human trafficking 79 trafficking; gathering information on what has happened to them in a trauma- informed way; the National Referral Mechanism referral process; and supporting the individual after a referral has been made.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
We strongly recommend that the Home Office recommences immediately considering applications from specialist front line organisations to become a First Responder Organisation.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend the Home Office reviews, together with current First Responder Organisations, the funding for such organisations. This review should consider specifically the case for the Home Office providing further funding to First Responder Organisations supporting victims waiting on National Referral Mechanism decisions that are extensively delayed.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Nationality and Borders Act 2022 and revisions to the Modern Slavery statutory guidance have changed the amount and type of evidence required for a potential victim to be referred into the National Referral Mechanism decision-making process. It is unclear what the impact of either of these changes will be on either victims and First Responders, but early data suggests a decline of positive Reasonable Grounds decisions for potential victims and a significantly increased draw on First Responder capacity.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend an independent review of the implementation of modern slavery provisions (Part 5) in the Nationality and Borders Act 2022, conducted by a suitably qualified and independent professional, to start in January 2024.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should pause any requirement to provide third party evidence at the Reasonable Grounds stage until such an independent review has been concluded and has determined that the new requirements are not unduly burdensome.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
There has been a troubling and unwelcome rise in the number of adults choosing not to enter the National Referral Mechanism, who may be at risk of further exploitation. It is unclear why the Home Office does not collect, analyse, and publish data on why individuals are refusing to consent to enter the NRM. We recommend that the Home Office corrects this deficiency immediately.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Government’s evidence for individuals ‘abusing the National Referral Mechanism (NRM) system to gain asylum’ is not compelling. There may be a few examples of individuals attempting to take advantage of the NRM, but the Home Office has failed to produce sufficient evidence to support its assertions of widespread abuse. A small number of cases cannot be allowed to jeopardise effective use of the NRM, which provides invaluable support to victims of human trafficking, nor should the Government conflate victims of human trafficking with irregular migration.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that the Government publishes thorough and accurate data to support its assertions of significant abuse of the National Referral Mechanism (NRM) to claim asylum to enable objective assessment of the scale of the problem. This data should include: NRM decision outcomes for people who arrive in the UK on small boats; the number of victims positive Conclusive Grounds NRM decisions who receive a grant 80 Human trafficking of Temporary Permission to Stay (and other forms of leave) to remain in the UK; those referred to the NRM who claim asylum, and their asylum outcomes, combined with their NRM referrals and outcomes; and the number and characteristics of people in immigration detention and prison who are referred to the NRM and their NRM decision outcomes.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
There is a shortage of appropriate safe housing for victims of human trafficking whilst they are within the Modern Slavery Victim Care Contract. Accommodation provision varies significantly for children after referral to the National Referral Mechanism, and children are particularly vulnerable to having no access to specialist safe accommodation after they turn 18 years old.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that the Government increases the provision of safe accommodation available through the Modern Slavery Victim Care Contract for trafficking victims, including single-sex provision, while they await a National Referral Mechanism decision.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Local authorities and safeguarding partners should develop a defined strategy for child victims to be transitioned to appropriate adult services with continuity of support to ensure that there is no gap in services such as mental health care.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Victims should be properly informed of their rights and options before entering the National Referral Mechanism, and access to free legal aid should be guaranteed.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that the Government provides victims of human trafficking with earlier and better access to legal aid. This must include the following areas that are currently ‘out of scope’: pre-NRM immigration advice; advice on identification as a victim of trafficking and modern slavery; advice on the Criminal Injuries Compensation Scheme; advice for non-UK nationals on applying for international protection; and advice on the application of the non-punishment principle.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should also increase the legal aid rate for those dealing with human trafficking cases, not just those which fall under the Illegal Migration Act and should increase training for legal aid solicitors on human trafficking and the National Referral Mechanism process. We recommend that the Government publishes its plans for doing so by June 2024.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Survivors of human trafficking should continue to receive long-term support once they leave the National Referral Mechanism (NRM); however, there is clearly an absence of support for victims of human trafficking once they exit the statutory support provided under the MSVCC whilst in the NRM. This is in part because the Recovery Needs Assessment process is ineffective in assessing and meeting the needs of victims within 45 days following a positive Conclusive Grounds decision.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
The Government should deliver on its commitment of 12 months’ support for all victims with a positive Conclusive Grounds decision by the end of 2024.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
We support Recommendation 24 of the Independent Review of the Modern Slavery Act 2015 and urge the Government to formalise and clarify the duties of local authority agencies to support victims of slavery and trafficking once they have left the National Referral Mechanism.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that survivors of human trafficking with a positive Conclusive Grounds decision be placed on priority needs lists for housing.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We recommend that the Home Office immediately commissions an independent review of the Recovery Needs Assessment process to determine whether it works effectively for children and young adults transitioning into adult support services.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The National Referral Mechanism is not appropriate for children. The support is not defined as it is for adults, universally available or applied consistently. There is an overall lack of a joined-up approach across the National Referral Mechanism, child welfare and protection and criminal justice systems.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
We welcome the Home Office’s devolved decision-making pilot for children. However, we are concerned that more than two years into the pilot the Home Office has still not published an evaluation of its outcomes. Furthermore, we are concerned that the pilot excludes children within 100 days of their 18th birthday, as well as age- disputed children, and is only available in 20 locations.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home office must publish an interim evaluation of the devolved decision-making pilot for children by January 2024, and thereafter a full evaluation of all phases of the Pilot by June 2024. If the outcomes are successful, all decision making for children must be transferred to local authorities within one year of the publication of the evaluation report.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office must change the criteria for eligibility to allow local authority pilot locations to make National Referral Mechanism decisions for all children in their care, including those who are age-disputed; and not exclude those who are within 100 days of their 18th birthday.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Government has been too slow to roll out Independent Child Trafficking Guardians (ICTG). We welcome Sarah Dine MP’s commitment to deliver national rollout of the service to cover all of England and Wales from April 2025, but it is unacceptable that after eight years in operation, only two-thirds of local authorities in England and Wales have ICTGs. Children in non-Independent Child Trafficking Guardians areas are not able to access the same support, which creates a postcode lottery.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office must complete the roll out of the Independent Child Trafficking Guardians (ICTG) to all local authorities in England and Wales by June 2025, bringing in individual local authorities before then if they are ready.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
There is wide variation among local authorities in the transition pathways from child to adult safeguarding services. Guidance exists for child victims and for adult 82 Human trafficking victims, but it does not adequately take account of child victims who turn eighteen who have received or are waiting for a National Referral Mechanism decision and who have high-level needs not well catered for in adult safe houses.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Home Office should amend its Modern Slavery statutory guidance to include guidance on ‘turning 18’ to ensure that ageing out of the care system does not reduce holistic support for recovery and prevention of re-trafficking.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
We are deeply concerned that the absence of a statutory definition of child criminal exploitation, and the consequent different interpretations of this crime, leads to children continuing to be prosecuted for crimes committed as a result of exploitation—for example, drug-related offences. There is also inconsistency in the treatment of children when a section 45 defence is raised. It should not be incumbent on children to raise a section 45 defence as the only means to get protection from prosecution.
Recommendation · First Report - Human trafficking · Addressed to Home Office
Recommended (the committee's words)
We are disappointed that the Government does not currently agree that there is compelling evidence to introduce a statutory definition of child criminal exploitation. We urge the Government to read our evidence and to consider introducing a statutory definition to ensure a) that children who commit criminal offences as a consequence of their own exploitation receive appropriate support and protection as victims, and b) that people who criminally exploit children receive a proportionate law enforcement response.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Local authority safeguarding guidance needs include the external threats that traffickers pose to children who may be in local authority care even after they have been removed from immediate harm.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Unaccompanied children living in contingency accommodation are particularly vulnerable to being trafficked, or re-trafficked. Between July 2021 and 19 October 2022, there were 391 episodes where children went missing from hotels. This is unacceptable.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Clearly it is not appropriate to accommodate children in hotels, particularly unaccompanied asylum-seeking children. The Government needs to show greater urgency in securing more appropriate accommodation, that is suitable for the needs of children, notwithstanding the need to keep families together.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
Every child who goes missing from home or care should be considered as a potential victim of trafficking, even if they are subsequently found safe.
Conclusion · First Report - Human trafficking · Addressed to Home Office
Concluded (the committee's words)
The Committee has previously challenged the Home Office with our concerns that children have gone missing. The Home Office must update the Committee with its progress in finding these children by the end of this year, and we expect to receive regular updates thereafter until the problem is resolved.