Source · Select Committees · Home Affairs Committee
Recommendation 82
82
Accepted
Paragraph: 241
Provide victims of trafficking with earlier, better legal aid, including currently out-of-scope areas.
Recommendation
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.
Government Response Summary
The government stated it is committed to victims engaging with the justice system and outlined existing legal aid provisions available after a positive Reasonable or Conclusive Grounds decision, but did not commit to providing earlier access or expanding legal aid to the specified 'out of scope' areas.
Paragraph Reference:
241
Government Response
Accepted
HM Government
Accepted
The Government is committed to ensuring victims are enabled and empowered to engage with the Criminal Justice System. All potential victims of modern slavery with a positive Reasonable or Conclusive Grounds decision have access to legal aid, including criminal and civil legal aid, legal aid for immigration advice, advice on an asylum claim, employment law advice and for a civil claim of damages. As part of measures in the Nationality and Borders Act, as per Immigration Rules Appendix: Temporary Permission to Stay as a Victims of Human Trafficking or Slavery, legal aid will be granted to individuals who are co- operating with police investigations and/or pursuing compensation claims against their traffickers. Upon entering Modern Slavery Victim Care Contract support, support workers ensure that all adult potential and confirmed victims of modern slavery are provided with information on their rights and the services available to them in a language they understand, including how to access legal aid, legal representatives, and legal advice. Equivalent support is provided in detention settings. For child potential victims, local authorities, alongside the ICTG service where it is present, may obtain legal advice or instruct a legal representative to act on the child’s behalf where its considered necessary and appropriate to do so. This advice or representation may relate to the support and care needs of the child, any immigration or criminal proceedings the child is involved in, or circumstances which may be considered to have a detrimental impact on the child.