Source · Select Committees · Home Affairs Committee
First Report - Human trafficking
Home Affairs Committee
HC 124
Published 8 December 2023
Government response
Fourth Special Report - Human Trafficking: Government Response to the Committees First Report · published 22 Feb 2024
Recommendations & Conclusions
1
Conclusion
Para 27
Government prioritises irregular migration at the expense of tackling human trafficking.
Conclusion
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).
Home Office
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2
Conclusion
Para 28
Prevent Home Office from conflating immigration with human trafficking and modern slavery.
Conclusion
The Home Office must not conflate immigration with human trafficking and modern slavery at the expense of protection of victims of human trafficking.
Home Office
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3
Conclusion
Para 29
Home Office policy shift hinders modern slavery strategy and victim protection efforts.
Conclusion
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.
Home Office
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4
Conclusion
Para 30
Treat human trafficking primarily as a protection issue, not an irregular migration concern.
Conclusion
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.
Home Office
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5
Conclusion
Para 31
Accelerate development of an overhauled Modern Slavery Strategy with child-specific and financial crime actions.
Conclusion
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.
Home Office
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6
Recommendation
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 for Immigration and reinstate the full remit of human trafficking and modern slavery policy to the Minister for Safeguarding alone.
Home Office
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7
Recommendation
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 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. (Paragraph 40) 72 Human trafficking
Home Office
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8
Conclusion
Para 41
Modern Slavery Unit prioritises Illegal Migration Act over preventing human trafficking.
Conclusion
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.
Home Office
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9
Recommendation
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 to address shortcomings, including prevention work, victim support for those in the National Referral Mechanism (NRM) and post-NRM, and support for UK nationals.
Home Office
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10
Conclusion
Para 49
Unacceptable 18-month vacancy for Independent Anti-Slavery Commissioner breached statutory duty.
Conclusion
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.
Home Office
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11
Conclusion
Establish pre-appointment hearing for Independent Anti-Slavery Commissioner with Home Affairs Committee.
Conclusion
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
Home Office
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12
Conclusion
Para 63
Insufficient enforcement of Sexual Offences Act fails to deter those who buy sex.
Conclusion
Enforcement of the current provisions of Section 53A of the Sexual Offences Act 2003 is insufficient to deter those who buy sex.
Home Office
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13
Conclusion
Para 64
Strengthen Section 53A of the Sexual Offences Act 2003 and increase conviction penalties.
Conclusion
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.
Home Office
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14
Recommendation
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, and prioritisation by the CPS and police forces. The Government should publish annual data on prosecutions and convictions under section 53A.
Home Office
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15
Recommendation
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 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.
Home Office
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16
Conclusion
Para 67
Set out how Modern Slavery Strategy will combat demand for sexual exploitation.
Conclusion
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.
Home Office
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17
Conclusion
Para 68
Consider including strategy for reducing demand for sexual exploitation in Commissioner's Strategic Plan.
Conclusion
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.
Home Office
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18
Conclusion
Para 69
Refrain from using the term 'sex work' to recognise sexual exploitation's severity.
Conclusion
To ensure that the severity of sexual exploitation is recognised, the Home Office and law enforcement should refrain from using the term ‘sex work’.
Home Office
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19
Recommendation
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 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.
Home Office
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20
Conclusion
Para 75
Strengthen Modern Slavery Act Section 54 using sanctions and extend to public sector.
Conclusion
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.
Home Office
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21
Recommendation
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.
Home Office
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22
Recommendation
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.
Home Office
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23
Conclusion
Para 81
Law enforcement training and victim support for criminal exploitation remain insufficient.
Conclusion
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.
Home Office
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24
Recommendation
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
Home Office
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25
Recommendation
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.
Home Office
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26
Conclusion
Para 97
Websites advertising prostitution facilitate sexual exploitation; collaboration with them is inexplicable and ineffective.
Conclusion
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.
Home Office
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27
Conclusion
Para 98
Extend legislation to prohibit individuals or companies enabling or profiting from another's online prostitution.
Conclusion
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.
Home Office
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28
Conclusion
Para 99
Implement all measures to tackle online sexual exploitation trafficking, including targeting money laundering.
Conclusion
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.
Home Office
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29
Conclusion
Para 100
Utilise existing legislation to investigate and hold accountable websites facilitating sexual exploitation trafficking.
Conclusion
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.
Home Office
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30
Conclusion
Enforce Online Safety Act against prostitution websites enabling multiple adverts, lacking identity verification.
Conclusion
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. (Paragraph 101) Policing and prosecution
Home Office
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31
Conclusion
Para 107
Low prosecution rates for human trafficking and modern slavery cases remain unacceptable.
Conclusion
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.
Home Office
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32
Recommendation
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 cases. Cross-organisation working must support the priority goal of evidence gathering.
Home Office
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33
Conclusion
Para 113
Police prioritisation of human trafficking and modern slavery offences remains unclear.
Conclusion
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.
Home Office
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34
Conclusion
Para 114
Require Police and Crime Commissioners to prioritise modern slavery in their plans.
Conclusion
All Police and Crime Commissioners should actively consider setting modern slavery and human trafficking as a priority in their police and crime plans.
Home Office
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35
Conclusion
Para 115
Direct College of Policing to collate and share best practices in modern slavery investigations.
Conclusion
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.
Home Office
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36
Conclusion
Para 121
Mandate Government's Modern Slavery Strategy to address data gaps on training and specialist units.
Conclusion
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.
Home Office
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37
Conclusion
Para 122
Require Chief Constables to provide comprehensive training and resources for modern slavery victim identification.
Conclusion
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.
Home Office
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38
Conclusion
Para 123
Centralise modern slavery training and prioritise resourcing for national law enforcement efforts.
Conclusion
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.
Home Office
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39
Recommendation
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.
Home Office
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40
Conclusion
Para 127
Resourcing challenges hinder essential financial investigations against human traffickers.
Conclusion
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.
Home Office
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41
Recommendation
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
Home Office
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42
Conclusion
Para 129
Mandate every modern slavery specialist unit to include a dedicated financial investigator.
Conclusion
Every modern slavery and human trafficking specialist unit must have a dedicated financial investigator.
Home Office
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43
Conclusion
Para 137
Police forces successfully investigate modern slavery using evidence-led approaches.
Conclusion
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.
Home Office
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44
Conclusion
Para 138
Evidence-led prosecution guidance for modern slavery cases remains insufficient.
Conclusion
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.
Home Office
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45
Conclusion
Para 139
Proactively consider evidence-led prosecutions for human trafficking, applying domestic abuse guidance.
Conclusion
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.
Home Office
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46
Recommendation
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 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.
Home Office
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47
Conclusion
Para 144
NCA resources diverted from modern slavery, impacting UK and international anti-trafficking efforts.
Conclusion
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.
Home Office
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48
Conclusion
Para 145
Ensure international cooperation combats modern slavery, not solely people smuggling efforts.
Conclusion
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.
Home Office
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49
Conclusion
Para 146
Include clear international programme work and joint investigation team investment in new Modern Slavery Strategy.
Conclusion
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.
Home Office
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50
Conclusion
Para 156
Modern slavery prosecution and conviction rates remain unacceptably low despite legislation.
Conclusion
Despite legislative provisions being in place since 2015, prosecution and convictions rates are still comparatively low across the UK. This is unacceptable.
Home Office
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51
Recommendation
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.
Home Office
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52
Recommendation
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
Home Office
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53
Conclusion
Para 166
Human trafficking victims still prosecuted due to insufficient understanding of statutory defence
Conclusion
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.
Home Office
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54
Recommendation
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.
Home Office
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55
Recommendation
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 alleged.
Home Office
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56
Recommendation
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 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.
Home Office
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57
Conclusion
Para 174
Amend Modern Slavery Act to remove travel requirement and clarify victim consent irrelevance
Conclusion
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.
Home Office
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58
Conclusion
Para 180
Victim engagement, rapport, and trust improves outcomes, evidence, and prosecutions
Conclusion
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.
Home Office
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59
Conclusion
Para 181
Victim Navigator role essential for victim support and building criminal justice cases
Conclusion
The role fulfilled by Victim Navigators is essential to supporting victims in the criminal justice process and enabling investigation teams to build evidential cases.
Home Office
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60
Conclusion
Expand and utilise Victim Navigator programme in all cases with victim-centred approach
Conclusion
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 Protection
Home Office
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61
Conclusion
Para 191
Extensive National Referral Mechanism Conclusive Grounds decision time is unacceptable and detrimental
Conclusion
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.
Home Office
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62
Recommendation
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 statutory guidance and should set a target date for clearing the backlog of June 2024.
Home Office
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63
Recommendation
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 drawn of actual waiting times.
Home Office
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64
Conclusion
Para 196
Address urgently the unacceptably high attrition rate of National Referral Mechanism staff.
Conclusion
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.
Home Office
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65
Recommendation
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 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.
Home Office
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66
Recommendation
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 of staff.
Home Office
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67
Recommendation
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.
Home Office
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68
Conclusion
Para 206
First Responders overwhelmed by NRM challenges, lacking capacity, resources, and training.
Conclusion
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.
Home Office
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69
Recommendation
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 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.
Home Office
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70
Conclusion
Para 208
Recommence immediately considering applications from specialist organisations to become First Responders.
Conclusion
We strongly recommend that the Home Office recommences immediately considering applications from specialist front line organisations to become a First Responder Organisation.
Home Office
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71
Recommendation
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 Referral Mechanism decisions that are extensively delayed.
Home Office
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72
Conclusion
Para 214
Changes to NRM impacting victims and First Responders, reducing positive decisions.
Conclusion
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.
Home Office
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73
Recommendation
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.
Home Office
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74
Recommendation
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.
Home Office
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75
Recommendation
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, and publish data on why individuals are refusing to consent to enter the NRM. We recommend that the Home Office corrects this deficiency immediately.
Home Office
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76
Conclusion
Para 225
Government lacks compelling evidence for widespread abuse of the National Referral Mechanism for asylum.
Conclusion
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.
Home Office
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77
Recommendation
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: 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.
Home Office
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78
Conclusion
Para 233
Shortage of appropriate safe housing for trafficking victims, especially vulnerable children transitioning to adulthood.
Conclusion
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.
Home Office
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79
Recommendation
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.
Home Office
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80
Conclusion
Para 235
Develop strategy for transitioning child victims to adult services with continuity of support.
Conclusion
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.
Home Office
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81
Conclusion
Para 240
Inform victims of rights before National Referral Mechanism entry and guarantee free legal aid.
Conclusion
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.
Home Office
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82
Recommendation
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 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.
Home Office
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83
Recommendation
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 Referral Mechanism process. We recommend that the Government publishes its plans for doing so by June 2024.
Home Office
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84
Conclusion
Para 247
Long-term support for human trafficking survivors post-NRM exit remains absent and inadequate.
Conclusion
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.
Home Office
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85
Recommendation
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
Home Office
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86
Conclusion
Para 249
Formalise and clarify local authority duties to support slavery and trafficking victims post-NRM exit.
Conclusion
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.
Home Office
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87
Recommendation
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.
Home Office
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88
Recommendation
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
Home Office
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89
Conclusion
Para 258
National Referral Mechanism deemed inappropriate for children due to inconsistent support and fragmented approach.
Conclusion
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.
Home Office
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90
Conclusion
Para 270
Devolved decision-making pilot for children lacks evaluation and excludes vulnerable groups.
Conclusion
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.
Home Office
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91
Conclusion
Para 271
Publish interim and full evaluations of the devolved decision-making pilot for children.
Conclusion
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.
Home Office
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92
Conclusion
Para 272
Change devolved NRM pilot eligibility to include all children, including age-disputed and older children.
Conclusion
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.
Home Office
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93
Conclusion
Para 277
Insufficient rollout of Independent Child Trafficking Guardians creates postcode lottery for child support.
Conclusion
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.
Home Office
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94
Conclusion
Para 278
Complete national rollout of Independent Child Trafficking Guardians to all local authorities by June 2025.
Conclusion
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.
Home Office
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95
Conclusion
Para 280
Inconsistent safeguarding transition pathways for child victims turning eighteen with complex needs.
Conclusion
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.
Home Office
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96
Conclusion
Para 281
Amend Modern Slavery guidance to include 'turning 18' support for transitioning child victims.
Conclusion
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.
Home Office
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97
Conclusion
Para 294
Lack of statutory definition for child criminal exploitation causes wrongful prosecutions and inconsistent treatment.
Conclusion
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.
Home Office
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98
Recommendation
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 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.
Home Office
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99
Conclusion
Para 296
Local authority safeguarding guidance fails to address external threats to children in care.
Conclusion
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.
Home Office
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100
Conclusion
Para 300
Unaccompanied children in contingency accommodation highly vulnerable to trafficking and going missing.
Conclusion
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.
Home Office
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101
Conclusion
Para 301
Secure more appropriate accommodation with urgency for unaccompanied asylum-seeking children.
Conclusion
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.
Home Office
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102
Conclusion
Para 302
Consider every child missing from home or care as a potential victim of trafficking.
Conclusion
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.
Home Office
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103
Conclusion
Require the Home Office to provide regular updates on progress in finding missing children.
Conclusion
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 303) Human trafficking 83
Home Office
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