Statutory guidance

Reconsideration of negative Reasonable Grounds or Conclusive Grounds decision

Updated 17 March 2026

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This publication is available at https://www.gov.uk/government/publications/modern-slavery-how-to-identify-and-support-victims/reconsideration-of-negative-reasonable-grounds-or-conclusive-grounds-decision

The Home Office is currently reviewing the reconsideration policy for negative Reasonable and Conclusive Grounds decisions, including guidance to Competent Authorities on exercising discretion when reconsideration requests are submitted outside the 30 calendar day time limit.

While this review and any resulting updates to the “Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act) and non‑statutory guidance for Scotland and Northern Ireland” are being finalised (subject to Ministerial agreement), the following interim approach applies:

Competent Authorities may consider reconsideration requests submitted outside the 30 day time limit where:

  1. There is a clear and obvious error -  the negative decision was clearly not made in line with existing guidance, or was made on the basis of a mistaken understanding of the material facts. This refers to cases where there is a clear and obvious failure to apply decision making policy in line with guidance correctly, rather than differences in interpretation or subjective judgement, or
  2. New or additional evidence is provided - together with an explanation of the exceptional circumstances that prevented the evidence being submitted within the 30 day limit. The explanation will be considered alongside the new evidence, which must provide cogent information not previously assessed and which, when viewed with existing evidence, could indicate that the individual is a victim of modern slavery.

During this interim period, Competent Authorities should acknowledge reconsideration requests received outside of the 30-day time limit and explain that they will be considered in line with the above.

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