Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Home Office admits it unlawfully detained trafficking victim for six months

Exclusive: Lawyers say 'shocking' case exposes failings in government policy designed to protect vulnerable people from being detained as trafficking indicators are 'clearly ignored'

Social Affairs Correspondent

Wednesday 13 February 2019 22:26 GMT

✕

Why is the Home Office getting so many immigration decisions wrong?

A trafficking victim was unlawfully detained for six months, the Home Office has admitted, as renewed calls were made for an overhaul of the UK’s immigration detention system.

Lawyers said the “shocking” case highlighted that a government policy designed to protect vulnerable people from being placed in immigration detention was failing to meet its aims.

The Chinese woman, who cannot be named for legal reasons, was detained despite being ”extremely vulnerable” and showing multiple indicators of trafficking.

She was found in a brothel in Yorkshire during a police raid in 2016. It later emerged that she was concerned about paying off large debts, had no passport and family or friends in the country – all trafficking indicators set out in Home Office policy.

Yet she was not identified as a potential victim and was instead detained in the controversial women’s removal centre Yarl’s Wood.

Modern Slavery in the UK

Show all 13

1/13Modern Slavery in the UK

Modern Slavery in the UK

NCA has launched a touring photographic exhibition which aims to portray the signs of slavery and exploitation. Entitled ‘Invisible People’, the exhibition will tour the country as part of the National Crime Agency’s campaign to raise awareness of modern slavery and human trafficking.

National Crime Agency

Modern Slavery in the UK

Child trafficking

Child trafficking for sexual exploitation Traffickers use grooming techniques to gain the trust of a child, family or community. The children are recruited, transported and then sold for sex, often returning to their homes immediately afterwards, only to be picked up by the same people again. This is happening here in the UK, to migrant and British-born children. Spot the signs of child trafficking: Often, children won’t be sure which country, city or town they’re in. They may be orphaned or living apart from their family, in unregulated private foster care, or in substandard accommodation. They may possess unaccounted-for money or goods or repeatedly have new, unexplained injuries.

National Crime Agency

Modern Slavery in the UK

Agriculture

Some workers in the farming sector, harvesting grains or root vegetables, tending livestock or fruit picking, are being exploited every day in the UK. Victims of this crime in the agricultural sector are often Eastern European men and women, who were promised a job by traffickers, or they could be individuals on the fringes of society, homeless or destitute. Through threats, violence, coercion or forced drug and alcohol dependency, they’re enslaved, working for little or no money, living in squalid conditions having had their identity documents taken from them. Spot the signs of exploitative labour in agriculture: Agricultural slaves often have their wages paid into the same bank account, meaning an illegal gangmaster is likely collecting all their wages. Exploited agriculture workers often don’t have suitable protective equipment, working instead in cheap sports clothing and trainers, and don’t have a different change of clothes from day-to-day.

National Crime Agency

Modern Slavery in the UK

Food processing

Polish or Slovakian men are brought to the UK with the offer of employment and, after arrival, gangmasters seize documents, opening multiple bank and utility accounts in their names – but refuse to handover access to the accounts or bank cards. Hours are long and the work is gruelling and dangerous. Workers are abused and are controlled by threats of harm to their families at home. Spot the signs: Those exploited wear inappropriate clothes and often no safety gear – despite working with dangerous and life-threatening equipment. They may often have untreated injuries and be refused medical attention, and will live and work in agricultural outhouses.

National Crime Agency

Modern Slavery in the UK

Construction

Labour-intensive sectors like construction, where temporary and irregular work are common, are high-risk sectors for forced labour. With new homes, offices and buildings being constructed or upgraded in great quantity, labour exploitation is the second most common type of modern slavery, after sexual exploitation. Spot the signs of exploitative labour in construction: Exploited workers are often not provided with protective clothing or equipment, and may show signs of abuse or carry old untreated injuries. Slave workers are also likely to work extremely long work hours for six or seven days a week without any leave. Photographer Rory Carnegie, said: “I wanted this image to communicate that despite being forced to live, eat, wash and sleep – where they’re working, in cramped and unhygienic conditions, that there is a human instinct to domesticate. I wanted to show how there is still hope and dignity in the most squalid and difficult of circumstances.”

National Crime Agency

Modern Slavery in the UK

Maritime

In the tough maritime industry young men, often Filipino or Indian, Eastern European or African, are promised a better life, but instead find themselves in a cycle of debt and exploitation. Unable to read, they are offered a job, given papers to sign and begin working on a trial-basis, only to be told they have failed and owe money, and have to work more to settle the debt. They may be forced to work for long hours in intense, hazardous and difficult conditions. Photographer Rory Carnegie, said: “In the 80s, Chris Killip published a series of images called In Flagrante, and these images were at the forefront of my mind while composing this shot. I wanted to show the utter desperation of these men - how passed their limit they are. The broken floats and the entire decaying environment around him, I saw as a metaphor for his existence.”

Rory Carnegie/National Crime Agency

Modern Slavery in the UK

Forced prostitution

Each year, women from across Eastern Europe and West Africa are lured to the UK by the dream of a better life. Whether by fake migration services or unscrupulous individuals who befriend and then betray them, women fall into a dark spiral of sexual exploitation and forced, unpaid prostitution, unable to escape. Photographer Rory Carnegie, said: “What I really wanted for this image, was to depict how women are used as commodities, the complete control slavery has over them – the helplessness of having to sit and wait for man after man, until no more men arrive. I wanted the image to show how lonely and eventually numbing that experience is, and for that ugliness to be contrasted against the bright blue of the wig – a fancy dress item that we would usually associate with a fun event – but here is used as a disguise, perhaps of her own identity to herself - to further emphasise how unjust the situation is.”

NCA

Modern Slavery in the UK

Cannabis farming

The cannabis industry hides a dark secret in the house next door. Gangs bring young boys to the UK from countries like Vietnam and deliver them to a house where, once in, they won’t be able to leave. Forced to tend cannabis plants that fill specially rigged houses, the boys are often locked in and forced to work, sleep and eat in one confined and dirty room. The chemicals used on the cannabis are poisonous, and often victims don’t know where they are or how to get help if they do escape. The eyes, ears and compassion of the local community are essential. Spot the signs: Aside from the strong and prolonged smell of cannabis, have you noticed a house that looks unusual? Are the windows covered or usual entry points blocked? Buildings might be over-heated – in very cold weather is the roof without frost, because the house is being kept warm to grow plants

National Crime Agency

Modern Slavery in the UK

Agriculture

Some workers in the farming sector, harvesting grains or root vegetables, tending livestock or fruit picking, are being exploited every day in the UK. Victims of this crime in the agricultural sector are often Eastern European men and women, who were promised a job by traffickers, or they could be individuals on the fringes of society, homeless or destitute. Through threats, violence, coercion or forced drug and alcohol dependency, they’re enslaved, working for little or no money, living in squalid conditions having had their identity documents taken from them. Spot the signs of exploitative labour in agriculture: Agricultural slaves often have their wages paid into the same bank account, meaning an illegal gangmaster is likely collecting all their wages. Exploited agriculture workers often don’t have suitable protective equipment, working instead in cheap sports clothing and trainers, and don’t have a different change of clothes from day-to-day

National Crime Agency

Modern Slavery in the UK

Forced prostitution

Spot the signs of forced prostitution: Victims of this type of crime might appear withdrawn or scared, avoid eye contact, and be untrusting. Poor English language skills could indicate exploitation because it suggests someone else must be arranging the work. A brothel is likely to be an average house on a normal looking street, but may have curtains which are usually closed and many different men coming and going frequently.

National Crime Agency

Modern Slavery in the UK

Maritime

Spot the signs of exploitative labour in the maritime sector: Victims might appear withdrawn or frightened, often unable to answer questions directed at them or speak for themselves,. They might be afraid of authorities like police, immigration or the tax office, and may perceive themselves to be in debt to someone else. They may not have been given proper protective equipment so can suffer illness or injury. Photographer Rory Carnegie, said: “Throughout the series of images, I wanted to juxtapose the harshness of the lives of slaves against bright primary colours – colours we traditionally associate with happiness or a feeling of wellbeing – to provoke a reaction. The image, as rich as it is, communicates how completely uncomfortable this person is. I wanted to show how his body is not his own, and how he has no right to avoid hardship, avoid the ice, or wear better shoes, he is utterly controlled.”

Rory Carnegie/National Crime Agency

Modern Slavery in the UK

Food processing

Photographer Rory Carnegie, said: “This image communicates utter exhaustion and dejection. We can see how dire his situation is. He has no protective gear on, and we can see the extreme tiredness that leads him to a place of anxiety and distraction, where he doesn’t care about whether he’s operating machinery safely, or putting himself at risk.”

National Crime Agency

Modern Slavery in the UK

The exhibition comprises a series of large, freestanding cubes displaying images capturing snapshots of life within different types of modern slavery - in agriculture, construction, maritime, cannabis farming and food processing, child trafficking for sexual exploitation and forced prostitution. Each image comes with written commentary describing what the viewer is seeing, and information about signs which may indicate someone is a victim.

National Crime Agency

A week later, she was released due to lack of bed space. She disappeared until she was found again by the Home Office at a massage parlour in Wales in April 2018. She was again detained and treated as an absconder. Then she remained in immigration detention for six months.

During her time in detention, staff at the centre recorded that she frequently had visions of a man in her room at night burning her with boiling water. She was seen on multiple occasions walking around with only her underwear on or taking her clothing off.

At one point she was found outside screaming in the garden.

A psychiatric report carried out in detention states that she “appears to have decompensated in the context of her detention” and cited an “unclear personality structure, noted history of abusive relationships”, as well as “symptoms suggestive of a depressive episode with agitation and psychotic symptoms”.

A day before her case was to be heard at the High Court and following two court orders, the Home Office admitted the woman’s detention was unlawful and that she was entitled to compensatory damages for the entire period of detention.

Shadow home secretary Diane Abbott MP said the case highlighted the “horrible and inhumane” consequences of detaining people indefinitely.

“This is the most shocking case of neglect and despite early warnings, the Home Office has failed to identify this person as a victim of trafficking,” she said.

Solicitors said the case highlighted failings in the government’s Adults at Risk policy – which sets out a framework for identifying different levels of vulnerability and is designed to ensure vulnerable people are not detained “inappropriately”.

It comes after a report by the Joint Committee on Human Rights (JCHR) last week found the policy was failing to give adequate protection to individuals at risk of harm in detention and called for more to be done to identify vulnerable detainees and treat them appropriately.

The instructing solicitor in the woman’s case, Shalini Patel, said there were multiple trafficking indicators that were “clearly ignored” by the Home Office, adding: “The claimant should never have been in immigration detention. The Home Office’s own policies recognise that potential victims of trafficking are not usually suitable for detention. Sadly, the claimant’s experience is not atypical. This is just one snapshot of the failures of the Adults at Risk policy.”

Kate Roberts, head of the Human Trafficking Foundation, said the woman’s case highlighted a “clear conflict of interest” between detaining someone on immigration grounds and supporting them as a victim of trafficking to access their entitlements to recovery.

“It is known that being held in detention is likely to trigger memories of trafficking and may well suppress disclosure of key indicators. However in this case, as well as in other documented cases, even clear indictors of trafficking have been missed or ignored,” she added.

Sonya Sceats, chief executive of Freedom from Torture, said the case exposed the “terrible human cost of the Home Office’s poor decision-making, as well as its failing Adults at Risk policy to keep vulnerable people out of detention”.

“If the government is serious about its professed commitment to keep vulnerable men and women out of the prison-like detention centres, it must immediately overhaul its current way of working,” she added.

Natasha Walter, director of Women for Refugee Women, said: “Instead of following its own rules to protect victims, the Home Office is subjecting them to detention and threats of deportation. It is shocking and heartrending that this is happening in the UK. Change needs to happen, fast.”

A Home Office spokesperson said: “It would be inappropriate to comment on ongoing legal proceedings.”

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies