Source · Select Committees · Home Affairs Committee
First Report - Human trafficking
Home Affairs Committee
HC 124
Published 8 December 2023
Recommendations
6
Rejected
Para 32
Reinstate full modern slavery policy remit to Safeguarding Minister, removing immigration oversight.
Recommendation
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 …
Read more
Government Response Summary
The government rejects the recommendation to separate ministerial responsibilities, stating it is right for the Home Office to tackle modern slavery and migration together and that Ministers balance border security with victim support.
Home Office
View Details →
7
Accepted in Part
Home Office stakeholder engagement on modern slavery legislation remains unacceptably poor.
Recommendation
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 …
Read more
Government Response Summary
The government welcomed a new Independent Anti-Slavery Commissioner at the end of 2023, addressing the vacancy. It also committed to continuing to work closely with stakeholders through Modern Slavery Engagement Forums.
Home Office
View Details →
9
Accepted
Para 42
Urgently resume publication of annual human trafficking reports, including victim support details.
Recommendation
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 …
Read more
Government Response Summary
The government accepts the recommendation and commits to resuming publication of an Annual Report on Modern Slavery this year to outline its strategic approach and monitor ongoing work.
Home Office
View Details →
14
Deferred
Para 65
Increase police and CPS use of Section 53A and publish annual prosecution data.
Recommendation
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, …
Read more
Government Response Summary
The government's response discusses the links between modern slavery and migration and the need to balance border security with victim support, but does not address the recommendation for greater use of Section 53A of the Sexual Offences Act 2003 or data publication.
Home Office
View Details →
15
Deferred
Para 66
Conduct comprehensive review of initiatives reducing demand for sexual exploitation by June 2024.
Recommendation
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 …
Read more
Government Response Summary
The government describes its current approach to tackling modern slavery and migration together, emphasizing ministerial cooperation to balance border security and victim support, but does not commit to the requested comprehensive review of demand reduction initiatives.
Home Office
View Details →
19
Deferred
Para 74
Strengthen Modern Slavery Act 2015 enforcement and increase Gangmasters and Labour Abuse Authority inspectors.
Recommendation
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 …
Read more
Government Response Summary
The government's response discusses child-specific strategies and support through local authority safeguarding structures and Independent Child Trafficking Guardians, completely deflecting from the recommendation on preventing labour exploitation, strengthening the Modern Slavery Act, and GLAA inspector rates.
Home Office
View Details →
21
Deferred
Para 76
Review safe visa routes for high-demand labour sectors, creating more routes.
Recommendation
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.
Government Response Summary
The government's response discusses the appointment process for the Independent Anti-Slavery Commissioner, completely deflecting from the recommendation to review and potentially create more safe visa routes for sectors with high labour demand.
Home Office
View Details →
22
Rejected
Para 77
Allocate funding to increase Gangmasters and Labour Abuse Authority inspectors for proactive enforcement.
Recommendation
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.
Read more
Government Response Summary
The government rejects the recommendation, stating it would not be appropriate for them to accept it because the Independent Anti-Slavery Commissioner's role is independent.
Home Office
View Details →
24
Rejected
Review Modern Slavery statutory guidance on criminal exploitation every six months for emerging intelligence.
Recommendation
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. (Paragraph 82) 74 Human trafficking
Government Response Summary
The government explicitly rejects the recommendation to review Modern Slavery statutory guidance every six months, stating that existing guidance and legislation already adequately address child criminal exploitation.
Home Office
View Details →
25
Deferred
Para 88
Establish technology company responsibility for proactively tackling online human trafficking with penalties.
Recommendation
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.
Read more
Government Response Summary
The government's response discusses different legislative approaches to prostitution in Europe and the lack of evidence for their effectiveness, deflecting from the recommendation for Ofcom to set out tech companies' responsibilities for tackling human trafficking on online platforms.
Home Office
View Details →
32
Acknowledged
Para 108
Accelerate efforts to investigate, prosecute, and adjudicate human trafficking and modern slavery cases.
Recommendation
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 …
Read more
Government Response Summary
The government acknowledges the importance of pursuing and prosecuting human trafficking offenses and states its commitment to driving up prosecution rates through collaboration with law enforcement agencies.
Home Office
View Details →
39
Rejected
Para 124
Direct Government to ensure every police force has a dedicated modern slavery specialist team.
Recommendation
The Government should direct that every police force is provided with a dedicated modern slavery and human trafficking specialist team.
Government Response Summary
The government states that it keeps legislation under review but has not seen unequivocal evidence that any particular approach would improve tackling harm and exploitation related to prostitution and sex work, effectively declining to commit to directing specialist modern slavery teams for every police force.
Home Office
View Details →
41
Not Addressed
Require Government to prioritise and adequately resource financial investigations within law enforcement bodies.
Recommendation
The Government needs to ensure that appropriate priority is placed on resourcing financial investigations within law enforcement bodies. (Paragraph 128) 76 Human trafficking
Government Response Summary
The government acknowledges the importance of a strategy to tackle modern slavery but does not directly address the recommendation to ensure appropriate priority for resourcing financial investigations within law enforcement bodies.
Home Office
View Details →
46
Acknowledged
Para 140
Include evidence-led prosecution guidance in Home Office, CPS, and College of Policing modern slavery materials.
Recommendation
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 …
Read more
Government Response Summary
The government describes existing guidance and training provided by the CPS and the College of Policing.
Home Office
View Details →
51
Accepted
Para 157
Create and supply additional training for criminal justice practitioners on human trafficking prosecution.
Recommendation
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.
Government Response Summary
The government states that proficiency in 'evidence-led' investigations is already fully covered and tested in the modern slavery investigator training course on the College of Policing curriculum.
Home Office
View Details →
52
Deferred
Encourage greater cross-partnership working and earlier CPS involvement in modern slavery investigations.
Recommendation
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. (Paragraph 158) Human trafficking 77
Read more
Government Response Summary
The government response outlines efforts to enhance 'evidence-led' investigations through the College of Policing curriculum, but it does not address the recommendation for greater cross-partnership working between the CPS, policing, and NCA, or earlier CPS involvement in investigations.
Home Office
View Details →
54
Deferred
Para 167
Review training and guidance for criminal justice practitioners on s45 statutory defence
Recommendation
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.
Read more
Government Response Summary
The government response defines the difference between people smuggling and human trafficking, which does not address the recommendation to review and provide training and guidance on the s45 statutory defence for criminal justice practitioners.
Home Office
View Details →
55
Accepted
Para 168
Make early assessments of s45 cases in trafficking-connected areas to identify indicators
Recommendation
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 …
Read more
Government Response Summary
The government states that existing Modern Slavery Statutory Guidance already provides guidance on indicators of modern slavery, including indicators relevant to victims of trafficking who are compelled to commit offences, and that they continue to work with law enforcement partners.
Home Office
View Details →
56
Accepted
Para 169
Ensure broad application of non-punishment for compelled offences, without burden of proof hindering
Recommendation
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 …
Read more
Government Response Summary
The government states that existing legislation (Section 45 of the Modern Slavery Act 2015) and associated guidance already address the recommendation.
Home Office
View Details →
62
Accepted
Para 192
Reduce National Referral Mechanism decision-making time and clear backlog by June 2024
Recommendation
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 …
Read more
Government Response Summary
The government has accepted the recommendation to reduce NRM decision times and clear the backlog, stating they have significantly increased staff by around 200 and implemented new initiatives to boost productivity.
Home Office
View Details →
63
Acknowledged
Para 193
Report on waiting times and referral status duration in annual and quarterly statistics.
Recommendation
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 …
Read more
Government Response Summary
The government recognizes the importance of transparency and data and states it will keep under review what additional data can be published without compromising ongoing investigations and mentions steps taken to improve timeliness of NRM decision-making.
Home Office
View Details →
65
Accepted in Part
Para 197
Recruit 200 NRM decision-makers by end of 2023 and reduce attrition to 15%.
Recommendation
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 …
Read more
Government Response Summary
The government commits to increasing the NRM workforce and boosting productivity, addressing the recruitment aspect, but does not specifically commit to the target of 200 staff by end of 2023, reducing attrition to 15%, or collecting data on reasons for staff leaving.
Home Office
View Details →
66
Accepted in Part
Para 198
Publish quarterly statistics on Competent Authority staff numbers, roles, and attrition rates.
Recommendation
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 …
Read more
Government Response Summary
The government states that quarterly NRM statistics already include data on the number of Competent Authority staff and that they will consider including additional data in future publications without compromising privacy.
Home Office
View Details →
67
Deferred
Para 201
Reinstate or establish multi-agency quality assurance process for the Home Office.
Recommendation
We recommend that the Home Office either reinstate the multi-agency assurance process or establish a similar quality assurance process.
Government Response Summary
The government's response acknowledges the importance of victim support for engaging with the criminal justice system and describes existing support provided to adult victims via the MSVCC and to child victims, without addressing the recommendation for a multi-agency quality assurance process.
Home Office
View Details →
69
Accepted
Para 207
Develop and maintain nationwide training programme for all First Responder Organisations.
Recommendation
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 …
Read more
Government Response Summary
The government has accepted the recommendation to develop training for First Responder Organisations, stating it has produced e-learning modules and is developing an online Hub and a First Responder Toolkit.
Home Office
View Details →
71
Deferred
Para 209
Review funding for First Responder Organisations, considering support for delayed NRM decisions.
Recommendation
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 …
Read more
Government Response Summary
The government did not commit to reviewing funding for First Responder Organisations. Instead, it focused on its ongoing efforts to improve NRM decision-making timescales and reduce outstanding decisions, citing an unprecedented increase in referrals.
Home Office
View Details →
73
Rejected
Para 215
Conduct an independent review of modern slavery provisions' implementation in Nationality and Borders Act 2022.
Recommendation
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.
Government Response Summary
The government rejects the recommendation for an independent review of the modern slavery provisions in the Nationality and Borders Act 2022, stating that the Home Office is conducting its own internal monitoring and evaluation of the relevant Acts.
Home Office
View Details →
74
Rejected
Para 216
Pause requirement for third-party evidence at Reasonable Grounds stage until independent review concludes.
Recommendation
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.
Government Response Summary
The government rejected pausing the requirement for third-party evidence, stating they are internally monitoring and evaluating the new guidance, which they believe is having its intended effect of making decisions more robust.
Home Office
View Details →
75
Deferred
Para 221
Collect, analyse, and publish data on reasons individuals refuse National Referral Mechanism entry.
Recommendation
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, …
Read more
Government Response Summary
The government stated it is monitoring and evaluating the New Plan for Immigration and related Acts, analysing data from a range of indicators, but did not commit to collecting data specifically on why individuals refuse to consent to enter the NRM.
Home Office
View Details →
77
Deferred
Para 226
Publish thorough, accurate data to support assertions of National Referral Mechanism abuse for asylum.
Recommendation
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: …
Read more
Government Response Summary
The government did not commit to publishing the specific data types requested to support assertions of NRM abuse. Instead, it stated it is monitoring and evaluating the New Plan for Immigration and related Acts, revising the work to include the Illegal Migration Act 2023.
Home Office
View Details →
79
Not Addressed
Para 234
Increase safe accommodation provision for trafficking victims through Modern Slavery Victim Care Contract.
Recommendation
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.
Government Response Summary
The government did not commit to increasing safe accommodation provision, instead stating it remains committed to ensuring appropriate accommodation through existing Modern Slavery Victim Care Contract (MSVCC) processes and monitoring capacity on a needs-basis.
Home Office
View Details →
82
Accepted
Para 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 …
Read more
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.
Home Office
View Details →
83
Deferred
Para 242
Increase legal aid rates and provide enhanced training for solicitors on human trafficking cases.
Recommendation
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 …
Read more
Government Response Summary
The government's response addressed ensuring secure accommodation for modern slavery victims through the Modern Slavery Victim Care Contract, completely deflecting from the recommendation to increase legal aid rates and training for human trafficking cases.
Home Office
View Details →
85
Rejected
Deliver 12 months' support for all human trafficking victims with positive Conclusive Grounds decision.
Recommendation
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. (Paragraph 248) Human trafficking 81
Government Response Summary
The government rejected delivering a blanket 12 months of support for all victims with a positive Conclusive Grounds decision, stating their existing needs-based approach through the Recovery Needs Assessment ensures appropriate support length and that a fixed period risks creating dependency.
Home Office
View Details →
87
Deferred
Para 250
Place human trafficking survivors with positive Conclusive Grounds decisions on priority housing lists.
Recommendation
We recommend that survivors of human trafficking with a positive Conclusive Grounds decision be placed on priority needs lists for housing.
Government Response Summary
The government's response focused on support for child victims of modern slavery through local authority children's services, deflecting from the recommendation to place adult survivors with a positive Conclusive Grounds decision on priority needs lists for housing.
Home Office
View Details →
88
Deferred
Commission independent review of Recovery Needs Assessment process for children and young adults.
Recommendation
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. (Paragraph 251) Trafficking of children
Read more
Government Response Summary
The government did not commit to commissioning an independent review of the Recovery Needs Assessment process for children. Instead, it stated that children referred to the NRM are supported by local authorities, which are the primary service providers for child safeguarding.
Home Office
View Details →
98
Deferred
Para 295
Introduce a statutory definition of child criminal exploitation to protect victims and ensure justice.
Recommendation
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 …
Read more
Government Response Summary
The government did not address the recommendation to consider introducing a statutory definition of child criminal exploitation. Instead, it discussed its review of the commitment to provide 12 months of support to confirmed adult victims of modern slavery.
Home Office
View Details →
Conclusions (66)
1
Conclusion
Rejected
Para 27
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, …
Government Response Summary
The government rejects the committee's premise of de-prioritising human trafficking, stating it is right to tackle both modern slavery and migration together. They highlight their commitment to identifying and supporting victims, noting that over 10,000 people received support through the Modern Slavery Victim Care Contract in the year ending June 2023.
2
Conclusion
Rejected
Para 28
The Home Office must not conflate immigration with human trafficking and modern slavery at the expense of protection of victims of human trafficking.
Government Response Summary
The government rejects the recommendation, stating it is right for the Home Office to tackle modern slavery and migration together due to their close links and that Ministers work to balance border security with victim support.
3
Conclusion
Acknowledged
Para 29
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 …
Government Response Summary
The government acknowledges the importance of a modern slavery strategy, stating it will resume publishing an Annual Report on Modern Slavery this year and will consider delivering a new strategy. It defends its approach to tackling modern slavery and migration together, implicitly addressing the observed transfer of ministerial responsibility.
4
Conclusion
Rejected
Para 30
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.
Government Response Summary
The government rejects the recommendation, stating it is right to tackle modern slavery and migration together and that Ministers work to balance secure borders with providing victims appropriate support.
5
Conclusion
Deferred
Para 31
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 …
Government Response Summary
The government acknowledges the importance of a new strategy and will resume publishing an Annual Report on Modern Slavery, but only states it will "consider delivering a new modern slavery strategy," effectively deferring the main recommendation.
8
Conclusion
Acknowledged
Para 41
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 …
Government Response Summary
The government acknowledges the committee's report and the focus on illegal migration, but asserts its continued commitment to tackling modern slavery with an expansive system of work, noting that efforts remain under review.
10
Conclusion
Not Addressed
Para 49
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. …
Government Response Summary
The government welcomed the appointment of a new Independent Anti-Slavery Commissioner at the end of 2023 and looks forward to working with her, but did not address the committee's concern about the unacceptable delay in her appointment.
11
Conclusion
Deferred
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. (Paragraph 50) Prevention
Government Response Summary
The government clarifies that the process to add roles to the pre-appointment scrutiny list is owned by the Cabinet Office, thereby redirecting the recommendation for a pre-appointment hearing for the IASC to another body.
12
Conclusion
Acknowledged
Para 63
Enforcement of the current provisions of Section 53A of the Sexual Offences Act 2003 is insufficient to deter those who buy sex.
Government Response Summary
The government acknowledges the committee's observation by explaining the nature of Section 53A and stating that police prioritize investigating more serious modern slavery crimes due to higher penalties, justifying current enforcement practices.
13
Conclusion
Rejected
Para 64
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.
Government Response Summary
The government implicitly rejects strengthening Section 53A or increasing penalties, explaining that police prioritise investigating more serious modern slavery crimes due to their higher penalties.
16
Conclusion
Accepted
Para 67
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.
Government Response Summary
The government states it shares the Committee's focus on a strategy and references the existing Modern Slavery Strategy 2014 and Modern Slavery Act 2015, but does not commit to updating the strategy to specifically combat the demand for sexual exploitation.
17
Conclusion
Accepted
Para 68
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.
Government Response Summary
The government shares the committee's focus but states that the UK's response to modern slavery is already underpinned by the Modern Slavery Strategy 2014 and the Modern Slavery Act 2015, rather than committing the IASC to a new specific consideration.
18
Conclusion
Deferred
Para 69
To ensure that the severity of sexual exploitation is recognised, the Home Office and law enforcement should refrain from using the term ‘sex work’.
Government Response Summary
The government's response discusses child-specific support and why a separate strategy for children is not needed, completely deflecting from the recommendation to refrain from using the term 'sex work'.
20
Conclusion
Deferred
Para 75
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.
Government Response Summary
The government's response refers to the process for appointing the Independent Anti-Slavery Commissioner and states that the Home Office keeps appointments under review, completely deflecting from the recommendation to strengthen Section 54 of the Modern Slavery Act 2015 with sanctions and extend it to the public sector.
23
Conclusion
Rejected
Para 81
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.
Government Response Summary
The government states it is not appropriate to accept this item because the Independent Anti-Slavery Commissioner's role is independent of Government.
26
Conclusion
Deferred
Para 97
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 …
Government Response Summary
The government acknowledges different legislative approaches to prostitution in Europe but states it has yet to see unequivocal evidence that any single approach is better at tackling associated harm and exploitation, without directly addressing the committee's criticism of NCA/Home Office collaboration with advertising websites.
27
Conclusion
Deferred
Para 98
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.
Government Response Summary
The government acknowledges different legislative approaches to prostitution in Europe but states it has not yet seen unequivocal evidence that any one approach is better at tackling associated harm and exploitation, thus not committing to extending legislation to prohibit enabling or profiting from another's prostitution online.
28
Conclusion
Deferred
Para 99
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 …
Government Response Summary
The government states it shares concern and continues to address forced labour in global supply chains through Section 54 of the Modern Slavery Act 2015, deflecting from the specific recommendation to tackle online trafficking for sexual exploitation by following the money.
29
Conclusion
Deferred
Para 100
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 …
Government Response Summary
The government shares concerns but describes its ongoing work to address forced labour in global supply chains through Section 54 of the Modern Slavery Act 2015, completely deflecting from the recommendation about law enforcement utilising existing legislation against websites facilitating sexual exploitation.
30
Conclusion
Deferred
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 …
Government Response Summary
The government shares concerns but describes its ongoing work to address forced labour in global supply chains through Section 54 of the Modern Slavery Act 2015, completely deflecting from the recommendation for Ofcom to take enforcement action against websites advertising prostitution and facilitating sexual exploitation.
31
Conclusion
Acknowledged
Para 107
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 …
Government Response Summary
The government acknowledges the importance of pursuing and prosecuting human trafficking offenses and states its commitment to driving up prosecution rates through collaboration with law enforcement agencies.
33
Conclusion
Deferred
Para 113
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.
Government Response Summary
The government's response discusses current migration levels and work visas, deflecting from the recommendation that human trafficking and modern slavery be a national priority and that police force prioritisation of these offences be clarified.
34
Conclusion
Deferred
Para 114
All Police and Crime Commissioners should actively consider setting modern slavery and human trafficking as a priority in their police and crime plans.
Government Response Summary
The government's response discusses overall migration levels and work visa grants, noting they are too high, completely deflecting from the recommendation for Police and Crime Commissioners to prioritize modern slavery and human trafficking in their plans.
35
Conclusion
Deferred
Para 115
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 …
Government Response Summary
The government's response discusses Ofcom's independence and enforcement powers under the Online Safety Act 2023, completely failing to address the recommendation about police learning, CPS collaboration, and sharing best practices on modern slavery investigations.
36
Conclusion
Deferred
Para 121
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 …
Government Response Summary
The government response discusses Ofcom's independence and enforcement powers under the Online Safety Act 2023, which is unrelated to the recommendation about police training and modern slavery strategy.
37
Conclusion
Deferred
Para 122
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.
Government Response Summary
The government response discusses Ofcom's independence and enforcement powers under the Online Safety Act 2023, which is unrelated to the recommendation about police training on modern slavery.
38
Conclusion
Acknowledged
Para 123
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.
Government Response Summary
The government states it keeps relevant legislation under regular review and will continue to work with voluntary and community sector organisations to help individuals exit prostitution and sex work, without addressing the specific calls for centralised training or declaring human trafficking a national law enforcement priority.
40
Conclusion
Not Addressed
Para 127
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.
Government Response Summary
The government's response focuses on its modern slavery strategy and reporting, but does not directly address the committee's conclusion regarding the essential role of financial investigations and the difficulty in resourcing specialists.
42
Conclusion
Deferred
Para 129
Every modern slavery and human trafficking specialist unit must have a dedicated financial investigator.
Government Response Summary
The government highlighted significant law enforcement activity and increased investigations/convictions since 2015, stating its commitment to strengthening its response and referencing existing national policing priorities that include high harm modern slavery areas. It did not address the recommendation for dedicated financial investigators in every specialist unit.
43
Conclusion
Accepted
Para 137
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.
Government Response Summary
The government affirms that law enforcement activity since the Modern Slavery Act 2015 has increased investigations and convictions, and it remains committed to strengthening the response to modern slavery through existing priorities and strategies.
44
Conclusion
Accepted
Para 138
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.
Government Response Summary
The government highlights the dedicated Modern Slavery Unit within the Crown Prosecution Service and the training provided by the College of Policing, suggesting that evidence-led prosecution guidance for MSHT already exists.
45
Conclusion
Acknowledged
Para 139
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.
Government Response Summary
The government describes existing guidance and training provided by the CPS and the College of Policing.
47
Conclusion
Acknowledged
Para 144
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 …
Government Response Summary
The government acknowledges the committee's observation by reiterating that modern slavery remains a priority for the NCA, and justifies its focus on illegal migration by highlighting the close links between modern slavery and migration.
48
Conclusion
Deferred
Para 145
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.
Government Response Summary
The government's response discusses the importance of financial investigations in modern slavery cases and states that police forces can access specialist financial investigator capabilities from Regional Organised Crime Units and other agencies, completely failing to address the recommendation about the focus of international cooperation.
49
Conclusion
Deferred
Para 146
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.
Government Response Summary
The government response discusses the importance of financial investigations and the proficiency of officers in gathering financial evidence, noting that police forces can use specialist resources, but it does not address the recommendation for international programme work in the Modern Slavery strategy.
50
Conclusion
Accepted
Para 156
Despite legislative provisions being in place since 2015, prosecution and convictions rates are still comparatively low across the UK. This is unacceptable.
Government Response Summary
The government acknowledges concern over low prosecution rates and highlights existing measures, such as tightening legislation through the Nationality and Borders Act 2022 and updating guidance, to strengthen the criminal justice response.
53
Conclusion
Deferred
Para 166
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 …
Government Response Summary
The government's response distinguishes between people smuggling and human trafficking, explaining that human trafficking involves exploitation by force, fraud, or intimidation and includes internal travel, without addressing the concern about victims being prosecuted due to a lack of understanding of statutory defence.
57
Conclusion
Deferred
Para 174
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 …
Government Response Summary
The government's response highlights the UK's commitment to tackling modern slavery and human trafficking internationally through diplomatic and development tools, without addressing the specific recommendation to amend the Modern Slavery Act 2015 regarding the definitions of travel and victim consent.
58
Conclusion
Deferred
Para 180
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.
Government Response Summary
The government response outlines the UK's commitment to tackling modern slavery internationally through diplomatic and development tools, which deflects from the conclusion about the importance of victim engagement for better evidence and domestic prosecution outcomes.
59
Conclusion
Acknowledged
Para 181
The role fulfilled by Victim Navigators is essential to supporting victims in the criminal justice process and enabling investigation teams to build evidential cases.
Government Response Summary
The government acknowledges the crucial role of Victim Navigators and states its commitment to ensuring they have the resources and training needed, while working with Victim Support to improve service provision.
60
Conclusion
Deferred
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. (Paragraph 182) 78 Human trafficking Identification and …
Government Response Summary
The government's response refers to the 2019 Independent Review of the Modern Slavery Act 2015, stating that the Section 45 defence balances protection and abuse prevention, while acknowledging that concerns remain, without addressing the expansion of victim support or the Victim Navigator programme.
61
Conclusion
Deferred
Para 191
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.
Government Response Summary
The government response discusses the Section 45 defence of the Modern Slavery Act 2015, which does not address the conclusion about the extensive and detrimental time taken for Conclusive Grounds decision-making within the National Referral Mechanism.
64
Conclusion
Not Addressed
Para 196
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 …
Government Response Summary
The government details efforts to increase NRM workforce and productivity, which acknowledges the welcome recruitment, but does not address the urgent call to reduce the unacceptably high attrition rate among staff.
68
Conclusion
Deferred
Para 206
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 …
Government Response Summary
The government response highlights the importance of supporting victims to engage with the criminal justice system via independent support workers, but it does not address the issues of First Responders' capacity, applications for new First Responder Organisations, or their training within the National Referral Mechanism.
70
Conclusion
Deferred
Para 208
We strongly recommend that the Home Office recommences immediately considering applications from specialist front line organisations to become a First Responder Organisation.
Government Response Summary
The government's response focuses on improving National Referral Mechanism (NRM) decision-making timescales and managing the unprecedented increase in NRM referrals, stating that outstanding decisions have been decreasing since Q1 2023, without addressing the recommencement of considering First Responder Organisation applications.
72
Conclusion
Acknowledged
Para 214
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 …
Government Response Summary
The government acknowledges the committee's observations about the impact of the Nationality and Borders Act 2022 on NRM decisions, stating they are monitoring and evaluating these changes and that the decline in positive Reasonable Grounds decisions is the intended outcome for robust decision-making.
76
Conclusion
Deferred
Para 225
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. …
Government Response Summary
The government did not directly address the committee's finding that evidence for widespread NRM abuse is not compelling. Instead, it stated it is monitoring and evaluating the New Plan for Immigration and related Acts, revising the work to include the Illegal Migration Act 2023.
78
Conclusion
Accepted
Para 233
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 …
Government Response Summary
The government stated it is committed to ensuring appropriate accommodation through the Modern Slavery Victim Care Contract (MSVCC), which manages its provision on a needs-basis and is monitored by the Home Office, implying the current system is sufficient.
80
Conclusion
Deferred
Para 235
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.
Government Response Summary
The government's response discussed publishing NRM referral data and filtering out system misuse, completely deflecting from the recommendation about developing strategies for transitioning child victims to adult services.
81
Conclusion
Deferred
Para 240
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.
Government Response Summary
The government did not address the recommendation about properly informing victims of their rights and guaranteeing access to free legal aid. Instead, it discussed publishing NRM referral data and the difficulty of evidencing system misuse.
84
Conclusion
Deferred
Para 247
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 …
Government Response Summary
The government did not address the recommendation for long-term support for survivors once they leave the NRM or the ineffectiveness of the Recovery Needs Assessment process. Instead, it focused on providing secure and appropriate accommodation for victims when they enter NRM support via the MSVCC.
86
Conclusion
Accepted
Para 249
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.
Government Response Summary
The government stated that existing homelessness legislation and local authority powers already enable support and housing priority for victims, and therefore did not commit to formalising and clarifying specific duties for local authorities beyond current provisions.
89
Conclusion
Accepted
Para 258
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.
Government Response Summary
The government asserted that children referred to the NRM are supported by local authorities under existing child protection procedures and the Children Act 2004, supplemented by Independent Child Trafficking Guardians, implying the current system is appropriate and joined-up.
90
Conclusion
Accepted in Part
Para 270
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, …
Government Response Summary
The government stated an initial evaluation was conducted and committed to publishing future evaluations of the pilot. They expanded the pilot to ten additional sites but rejected expanding the scope to include age-disputed children or those within 100 days of their 18th birthday due to risks of incomplete cases.
91
Conclusion
Accepted in Part
Para 271
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 …
Government Response Summary
The government committed to publishing evaluations of the devolved decision-making pilot to inform future policy, but did not specify deadlines or commit to transferring all decision-making to local authorities within a year as recommended, stating future expansion will be driven by various factors.
92
Conclusion
Rejected
Para 272
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.
Government Response Summary
The government rejected changing the pilot's eligibility criteria to include age-disputed children or those within 100 days of their 18th birthday, stating that expanding the scope would increase the risk of cases not being completed before the individual becomes an adult.
93
Conclusion
Deferred
Para 277
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 …
Government Response Summary
The government's response discussed ensuring victims' access to legal aid and engagement with the Criminal Justice System, deflecting from the recommendation about the slow national rollout of Independent Child Trafficking Guardians.
94
Conclusion
Deferred
Para 278
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.
Government Response Summary
The government did not address the recommendation to complete the rollout of Independent Child Trafficking Guardians (ICTG) by June 2025. Instead, it discussed ensuring victims' engagement with the Criminal Justice System and their access to legal aid.
95
Conclusion
Accepted
Para 280
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 …
Government Response Summary
The government states that children are supported by local authorities and Independent Child Trafficking Guardians (ICTGs), which plan in advance for transitions for 18-year-olds as set out in existing guidance, implying current provisions address the issue.
96
Conclusion
Not Addressed
Para 281
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.
Government Response Summary
The government outlines existing support for children through local authorities and ICTGs, which plan for transitions, but does not commit to amending the Modern Slavery statutory guidance as recommended.
97
Conclusion
Deferred
Para 294
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 …
Government Response Summary
The government's response reviewed and reaffirmed its needs-based approach to the length of support for confirmed modern slavery victims, deflecting from the recommendation regarding the absence of a statutory definition for child criminal exploitation and issues with the section 45 defence.
99
Conclusion
Rejected
Para 296
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.
Government Response Summary
The government rejected the recommendation, stating that existing statutory guidance and recently published guidance already provide sufficient information and support for frontline professionals on child criminal exploitation.
100
Conclusion
Accepted in Part
Para 300
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.
Government Response Summary
The government agrees that local authority care is best and has closed six of seven hotels for unaccompanied asylum-seeking children by November 2023, with the last closing in January 2024, directly addressing the vulnerability in contingency accommodation.
101
Conclusion
Accepted
Para 301
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.
Government Response Summary
The government accepted the recommendation, stating that it agrees local authority care is best and has now closed all hotels for unaccompanied asylum-seeking children by January 2024, securing more appropriate accommodation.
102
Conclusion
Rejected
Para 302
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.
Government Response Summary
The government rejected the recommendation for a blanket National Referral Mechanism (NRM) referral for every missing child, arguing it would remove case-specific considerations, create undue pressure, and potentially lead to damaging negative outcomes.
103
Conclusion
Not Addressed
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. (Paragraph …
Government Response Summary
The government's response discusses hotel closures and issues with blanket NRM referrals but does not commit to updating the Committee on the progress of finding missing children or providing regular updates as requested.