Source · Select Committees · Home Affairs Committee
First Report - Human trafficking
Home Affairs Committee
HC 124
Published 8 December 2023
Recommendations
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, …
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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
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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 …
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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
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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 …
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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 …
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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
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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, …
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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
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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: …
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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
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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 …
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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
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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
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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
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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
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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 …
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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
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Conclusions (31)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.