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Home Office to lift cap on ‘inadequate’ help for trafficking victims

Ministers agree to scrap controversial 45-day limit on post-exploitation support

Social Affairs Correspondent

Tuesday 02 July 2019 15:40 BST

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

The Home Office has been accused of “failing for years” in its legal obligation to support victims of trafficking after ministers admitted current provision falls short of what is needed.

Campaigners have long argued that the 45-day policy, which limits support for victims – such as safe housing, financial support and counselling – to six weeks, is “woefully inadequate” and forces some victims to move on before they are ready, risking re-exploitation.

Now the Home Office has conceded that the cap on this support – eligible to any individual who is recognised as a victim by the national referral mechanism (NRM) – is incompatible with international standards and should be based on an individual’s needs rather than a length of time.

The department has committed to creating a “needs-based system” in which support would not be restricted to 45 days or any other length of time.

A legal challenge by two victims saw the High Court rule in March that the 45-day policy risked causing “irreparable harm to very vulnerable individuals” and was potentially unlawful.

Modern Slavery in the UK

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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

One of the victims was an Albanian woman trafficked from her home country and forced into sex work. She had a young daughter and after she escaped the exploitation she relied on her support worker for both emotional support and financial assistance.

The other was a man who was trafficked from Vietnam to the UK and forced into cannabis cultivation. He had been beaten by his traffickers and suffered from several mental health conditions, and relied on his support worker and the financial assistance provided to people in his situation.

Lawyers, politicians and charities welcomed the decision, but said many people who had been enslaved had already been left “at the mercy of the 45-day cliff edge drop in support”, and cautioned that the Home Office plans for support must be “clearly defined”.

Ahmed Aydeed, director at Duncan Lewis Solicitors, said he was glad the legal challenge had forced the Home Office to withdraw its current policy, but highlighted that the government had “been failing for years in its legal obligation to support victims of trafficking”, leaving them “at the mercy of the 45 day cliff edge drop in support”.

He added: “It is beyond belief that the home secretary has been applying this policy for years, only now accepting that the law requires a needs-based system, not delimited by time alone. I’m saddened by the number of victims that have lost vital support over the years, when they so desperately needed it.”

Labour MP Paul Blomfield said: “Despite the government’s repeated statements that it wishes to protect and support survivors of human trafficking, many have been let down by woefully inadequate post-NRM support.

“This decision is welcome, but whether a new approach benefits victims will depend on how decisions are made and who makes them.”

Mr Blomfield highlighted research from the charity Focus on Labour Exploitation (Flex) demonstrating how Home Office immigration priorities are “repeatedly hampering” efforts to prevent human trafficking and protect victims, in some cases even leading to retrafficking.

“The Home Office has a major conflict of interest between its immigration policies and its modern slavery duty, so the new policy emerging from this judgement needs to ensure independent decisions focussed on people’s rights,” he added.

Kate Roberts, UK and Europe programme manager of Anti-Slavery International, said: “The fact that confirmed victims of trafficking should no longer be made to leave support before they are ready is hugely welcomed and long overdue. For too long victims have been identified as trafficked only to have support cut off leaving them destitute and open to re-exploitation.

“What support entails will now be key – support needs to be specialist and able to respond to individual needs as well as advocate for access to rights and entitlements.”

Kate Garbers, managing director at the modern slavery charity Unseen, said the move was a “welcomed improvement”, but that this support was often reliant on the availability of local provisions, such as housing and face-to-face support – so could become a “postcode lottery” if expectations are not “clearly defined”.

A Home Office spokesperson said: “The government is committed to stamping out modern slavery and providing victims with the support they need to begin rebuilding their lives.

“We are always building our understanding of the complex needs of victims of modern slavery and striving to improve the support available.

“We have already significantly increased support for victims earlier this year, and we will continue to drive improvements to the services available to ensure they are meeting the recovery needs of victims.”

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