National Referral Mechanism
The government’s statutory framework for identifying and supporting modern slavery victims is called the National Referral Mechanism (NRM). Potential victims can be referred into the NRM by designated bodies, known as first responders, including:
- councils
- police forces
- immigration enforcement
- border force
- some third sector organisations working with victims of modern slavery.
The Home Office has developed training for first responder organisations, hosted by the Police Modern Slavery and Organised Immigration Crime Unit website.
Under section 52 of the Modern Slavery Act, first responders have a ‘duty to notify’ the Home Office about potential victims of modern slavery. This generally means making detailed referrals about potential victims into the NRM. However, where a potential adult victim has not provided their informed consent to be referred, first responders should provide a notification to the Home Office, rather than a full referral; this can be submitted anonymously. Referrals can be made via the online NRM portal.
Recent analysis by Project TILI of data submitted by homelessness, housing, and domestic abuse charities, found that nearly half of recorded potential victims did not want to be referred to the NRM. The project report suggests that this can happen for a number of reasons, including:
- victims not trusting authorities, eg due to previous negative experiences of being let down by services, or due to worries about their uncertain immigration status
- victims feeling that the support provided is too short term
- victims not identifying as ‘victims’, and not feeling that they need support from the NRM
- victims fearing retaliation from their exploiters if they disclose details.
In cases where they do not enter the NRM, victims may be disadvantaged by a lack of practical and emotional support to recover from the experience of modern slavery.
Frontline staff are not expected to conclusively prove that someone is a victim of modern slavery. Instead, councils' (and other first responder organisations) duty as first responders is to identify people who they are concerned might be potential victims and refer them to the NRM. Full referrals into the NRM are submitted to the Home Office’s Single Competent Authority (SCA), or the Immigration Enforcement Competent Authority for referrals relating to foreign national offenders which will initially consider whether people referred are possibly victims of modern slavery: the threshold at this stage is that of ‘I suspect but cannot prove’ that an individual is a victim of modern slavery. This is known as a ‘reasonable grounds’ decision, and should be made within five working days of a referral, although in practice it can take longer.
Where a reasonable grounds decision is negative, an individual will be exited from the NRM process within nine days of the decision without any further support. If a reasonable grounds decision is positive, the potential victim will be entitled to at least 45 days of support provided through the national Victim Care Contract (VCC), through which victims can access outreach services including legal, practical and emotional support, and safehouse accommodation if they are destitute. The Home Office has commissioned The Salvation Army (TSA) to provide victim care services across England and Wales through a network of sub-contractors, including its own Direct Delivery Service.
During this 45 day period, the SCA will undertake further work to enable it to make a ‘conclusive grounds’ decision on whether someone is ‘more likely than not’ a victim of modern slavery. In practice, it can take much longer than 45 days for potential victims to receive a decision.
If victims receive a positive decision, they are entitled to at least a further 45 days of additional support before exiting the NRM and VCC: support needs are identified through the process of undertaking a personalised recovery needs assessment (RNA) identifying the specific support needs an individual has to help them recover. If the conclusive grounds decision is negative, individuals are entitled to a further nine days of support before being required to exit the NRM/VCC.
All negative conclusive grounds decisions are automatically referred to multi-agency assurance panels for review; although they cannot overturn decisions, they can ask for a case to be reviewed where they believe that the decision has not been made in line with competent authority guidance.
Once a victim has exited the main Modern Slavery Victim Care Contract (MSVCC) support service, they may still access reach-in support if they have emerging or reactive requirements for support or advice.
Pathway through the NRM:
NRM key stats
- Between 1 July and 30 September 2019, 2,808 potential victims were referred to the NRM – a 61 per cent increase from the same quarter in 2018.
- In 2020, the Home Office made 10,608 reasonable grounds decisions and 3,454 conclusive grounds decisions. Of these, 92 per cent of reasonable grounds decisions were positive, and 89 per cent of conclusive grounds decisions.
- Of potential victims referred to the NRM in 2020, the most common nationality of all referrals was British, accounting for 34 per cent of all potential victims. Albanian nationals were the second most referred at 15 per cent of referrals, followed by Vietnamese nationals at 6 per cent.
- Not all potential victims are referred to the NRM (figures show there are consistently duty to notify referrals numbering in the several hundreds each quarter) or are even identified. Consequently, the true scale of modern slavery is hidden – estimates range from 10,000 victims in the UK in 2013, to 136,000 victims in the UK in 2018.
Victim support
As set out above, The Salvation Army and its network of sub-contractors provide support services to adult victims of modern slavery in England and Wales through the MSVCC. There are two models of support: safehouse based support and outreach support. Alongside this, victims may have separate legal entitlement to access local services provided by councils under a range of different frameworks including homeless and safeguarding/ wider social care legislation, as well as other agencies such as health services. This section provides a brief overview of relevant legal frameworks for supporting victims of modern slavery, with a particular focus on local authority housing and homelessness services.
It is important to note that some cases of exploitation and slavery can be historic, but that this does not affect a victim’s entitlement to support.
Domestic legislation
Housing Act 1996
Under the Housing Act 1996, local housing authorities may owe victims of modern slavery a range of duties.
- Prevention/relief duty: as set out in this document, victims of modern slavery who are in the NRM process are expected to exit the Victim Care Contract following a period of at least 45 days move on support following a positive conclusive grounds decision. During this time, victims might be owed the prevention or relief duty, such that councils must take reasonable steps to try and prevent their homelessness or relieve it if they are already homeless. The Code of Guidance suggests that councils should maximise the chances of successfully preventing homelessness by establishing arrangements with NRM support providers for early identification.
- Duty to provide interim accommodation: victims of modern slavery might already be homeless when making their homelessness application. If local housing authorities have reason to believe that applicants may be homeless, eligible for assistance, and in priority need, they should ensure that interim accommodation is available. This might apply during the period following a referral to the NRM, while applicants are still waiting for an initial reasonable grounds decision, or while the local housing authority is carrying out its enquiries.
- Main homelessness duty and priority need: people who have been victims of trafficking and modern slavery might be vulnerable, and therefore under the Homelessness Code of Guidance have a priority need for accommodation. The guidance states that local housing authorities should take advice from specialist agencies, including NRM support providers, drug and alcohol services, local charities, and the police, who are supporting applicants.
The Homelessness Code of Guidance was updated in summer 2021 specifically to reflect these duties more clearly.
The updated code of guidance also highlights that homelessness applicants may have been forced to leave the area where they have a local connection. It states that local housing authorities must not refer applicants to other authorities if they would be at risk of violence or domestic abuse in that local area.
Care Act 2014
Adult social care services can be a route of possible support for victims of modern slavery or human trafficking, not least because some groups falling within the remit of the services – for example, individuals with learning difficulties or experiencing mental health issues – can be more vulnerable to becoming a victim of slavery in the first place.
The legal framework, approach to and process for adult safeguarding is set out in the Care Act 2014, which recognises modern slavery as a category of abuse. Councils are responsible for looking at any safeguarding concerns for adults who have care and support needs and who are unable to protect themselves, and then deciding whether it is necessary for them or a local partner to carry out an enquiry. A ‘Section 42’ enquiry, which relates to adults who have care and support needs and are unable to protect themselves, will be carried out if abuse or neglect is or is at risk of taking place, and to help decide what should happen to help and support the individual. The circumstances of each case will determine the scope of each enquiry, as well as who leads it and the form it takes. Victims of modern slavery may not have care and support needs as defined by the Care Act, and councils and their partners may put different wrap around support structures in place to ensure victims and survivors' needs are met.
The MSVCC provides support for victims’ needs arising from their experiences of modern slavery, but not for other needs or conditions (eg disabilities or addictions) which predated this. This may mean that some individuals referred into the MSVCC with wider care and/or accommodation needs might need to be assessed and have their care needs met by local statutory partners under the Care Act or other legislation (for example, for providing accommodation with specific adaptations for people with disabilities) with this to be decided on a case by case basis.
Children Act 1989
The Children Act is relevant to housing services because section 17 of the Act places a general duty on councils to ‘safeguard and promote the welfare of children within their area who are in need.’ Any service provided under section 17 may be provided to the family or for any member of a child’s family if it is provided with a view to safeguarding or promoting the child’s welfare. In practice, this means that where victims themselves may not be owed a housing duty, it is possible that housing assistance is owed by the council under child protection duties if the victim has a dependent child. There will therefore need to be links and referral pathways between housing and children’s services to help identify this.
Localism Act 2011
The general power of competence introduced in the Localism Act provides councils the same broad powers as an individual to do anything unless it is prohibited by statute. Councils have been encouraged to use this power to provide support for victims of modern slavery who do not otherwise have entitlement to access local services, although resource pressures can make this challenging. Further, the general power under the Localism Act cannot be used to override prohibitions on the provision of support under other legislation.
International treaties and conventions
The UK has signed up to the following treaties which have shaped the national approach to modern slavery:
Article 12 of ECAT requires that signatories adopt measures to assist victims in their recovery, including appropriate and secure accommodation, while article 11 of the Anti-Trafficking Directive requires the state to provide ‘assistance and support’, including the provision of ‘appropriate and safe accommodation and subsistence’ as soon as a person is ‘indicated to be trafficked’ while ECAT also sets out support requirements for victims. These responsibilities are primarily met through the victim care contract, however the definition of ‘the state’ also includes councils.
The NRM was set up to incorporate the Convention on Action against Trafficking in Human Beings in the UK. However, the UN Human Rights and Human Trafficking Fact Sheet 36 is clear that international treaties may be enforceable in domestic law and expectations can therefore extend beyond NRM support:
“Treaties [which includes conventions] are the primary source of obligations for States with respect to trafficking. By becoming a party to a treaty, States undertake binding obligations in international law and undertake to ensure that their own national legislation, policies or practices meet the requirements of the treaty and are consistent with its standards. These obligations are enforceable in international courts and tribunals with appropriate jurisdiction, such as the International Court of Justice, the International Criminal Court or the European Court of Human Rights, and may be enforceable in domestic courts, depending on domestic law”.
Recent cases and case law indicates that decisions can refer to international conventions and human rights legislation and, even if an international convention is not directly enforceable, it may be considered in interpreting the scope of obligations under domestic legislation. As a result councils should therefore be mindful of how these treaties can be interpreted as applying to their own obligations.
The LGA has raised with the Home Office that some of the international commitments the UK has signed up to may appear to go beyond what is set out in the domestic legislation that councils apply in relation to adult victims. We have emphasised the pressing need to ensure that the international duties the UK is bound by, and case law relating to it, are reflected in UK law, whether the law is covering homelessness, safeguarding and social care, or any other type of support that might be sought for victims. This would help to ensure that there is clarity and understanding about the support that should be provided and by whom. Alongside that clarity, should also come the funding to support it, with councils to date having received no new burdens funding to support victims of modern slavery.