Guidance

Decision making guidance for pilot sites Northern Ireland

Updated 26 February 2026

5 February 2026

1.1. This guidance applies to the Northern Ireland Devolved NRM Decision Making Pilot site. Separate guidance exists for England/Wales and Scotland. Decision making guidance for pilot sites in England and Wales and Decision making guidance for pilot sites in Scotland - GOV.UK.

1.2. This Annex provides detailed guidance for decision makers in the Devolved Decision-Making Pilot. In the main, this guidance replaces Annex E of the Modern Slavery: Statutory Guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland - GOV.UK. However, Pilot Sites should refer to and follow Chapter 7 and Annex E (Making a reasonable grounds decision; Making a Conclusive Grounds decision) in the Modern Slavery: Statutory Guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and Non-Statutory Guidance for Scotland and Northern Ireland.

1.3. Definitions of different forms of modern slavery offences will remain as contained in the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 and further referred to within the Protecting unaccompanied children and child victims of human trafficking and modern slavery Department of Health, issued by the Health and Social Care Board and the Police Service of Northern Ireland in 2018.

Defined terms

1.4. In this guidance the following defined terms are used in addition to the defined terms set out in the Modern Slavery: Statutory Guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK: 

• Devolving Child Decision Making Pilot (the ‘Pilot’) refers to multiple Pilot Sites making decisions regarding potential child victims of modern slavery as defined in this document.
• Pilot Site refers to The Northern Ireland Devolved NRM Decision Making Panel chaired by the Strategic Planning and Performance Group (SPPG) of the Department of Health Northern Ireland.
• Child refers to a child or young person under the age of 18yrs.

• NRM devolved decision-making panel is where individuals who are fully trained as voting decision-makers come to the panels fully prepared to discuss each referral and vote on all NRM decisions. For further details about the panel requirement, please refer to the England and Wales guidance.

• Modern slavery is an umbrella term that is used to describe slavery, servitude, human trafficking and forced or compulsory labour (which is an offence under section 1 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015; (with human trafficking an offence under section 2). Both offences involve exploitation of, or the intent to exploit, a victim. In the case of human trafficking, the offence will also involve an element of movement, or arranging / facilitating movement, with the intent to exploit. Victims of either offence are eligible for support under the National Referral Mechanism (NRM).

Overarching policy and procedures

1.5. The following are the overarching policies and procedures the Pilot Programme will work within to offer a robust assessment of the child’s circumstances:

• Understanding the Needs of Children in Northern Ireland (UNOCINI) Guidance Department of Health
• Co- Operating to Safeguard Children and Young People in Northern Ireland (Department of Health)
• Safeguarding Board for Northern Ireland Procedures Manual

Assessing reliability, credibility and other evidence during the decision-making process

1.6. The Pilot Site will assess whether a potential victim’s account of modern slavery is credible when making a Reasonable Grounds and Conclusive Grounds decision.

1.7. Good practice in working with victims who have experienced trauma should be observed in line with the Safeguarding Board for Northern Ireland Trauma Informed Toolkit. However, the need to take into account the impact trauma is likely to have on the individual’s ability to recall events does not remove the need to assess all information critically and objectively when considering the credibility of a case.

Assessing credibility

1.8. The Pilot Site is entitled to consider credibility as part of its decision-making process at both the Reasonable Grounds and Conclusive Grounds stages. When the Pilot Site is assessing the credibility of an account, it must consider both the external and internal credibility of the material facts.

1.9. If they fit the definition of modern slavery, there is reliable supporting evidence and the account is credible to the required standard of proof, the Pilot Site should recognise the person as being a victim of modern slavery.

1.10. It is important for the Pilot Site to assess all information critically and objectively when the Pilot Site considers the credibility of a case. As part of that consideration, it is vital for decision makers to have an understanding of the mitigating reasons why a potential victim of modern slavery is incoherent, inconsistent or delays giving details of material facts.

1.11. Throughout this process it is important to remember that victims of modern slavery have been through trauma, and that this may impact on the information they provide. Due to trauma, there may be valid reasons why a potential victim’s account is inconsistent or lacks sufficient detail. The Pilot Site should have account of any relevant factors set out in Chapter 4 of Protecting unaccompanied children and child victims of human trafficking and modern slavery Department of Health which outlines some of the challenges victims may face in providing a clear and consistent account of their experiences. The Pilot Site should take these reasons into account when considering the credibility of a claim.

1.12. The Pilot Site must consider the child’s:

• added vulnerability
• developmental stage
• possible grooming by the traffickers and exploiters

Materiality

1.13. In assessing credibility, the Pilot Site should assess the material facts of past and present events (material facts being those which are serious and significant in nature) which may indicate that a person is a victim of modern slavery. It is generally unnecessary, and sometimes counter-productive, to focus on minor or peripheral facts that are not material to the claim.

1.14. The Pilot Site should assess the material facts based on the following:

• are they coherent and consistent with any past written or verbal statements?
• how well does the evidence submitted fit together and does it contradict itself?
• are they consistent with claims made by witnesses and with any documentary evidence submitted in support of the claim or gathered during the course of your investigations?

1.15. Where there is insufficient evidence to support a claim that the child is a victim of modern slavery (for example where the case is lacking key details, such as who exploited them or where the exploitation took place) staff at the Pilot Site are entitled to question whether the Reasonable Grounds or Conclusive Grounds threshold is met. However, if the Reasonable Grounds threshold is met Pilot Sites must also consider whether they are able to make a positive Conclusive Grounds decision on the evidence they have available, or if they need more information before making a Conclusive Grounds decision.

Level of detail

1.16. The level of detail with which a potential victim presents their claim is a factor when the Pilot Site assesses credibility. It is reasonable to assume that a victim giving an account of their modern slavery experience will be more expressive and more likely to include sensory details (for example what they saw, heard, felt or thought about an event) than someone who has not had this experience. However, some traumatised individuals can struggle to verbally express distressing experiences, may appear numb or disconnected from their words or display other trauma-related responses.

1.17. Where there is insufficient evidence to support that the individual is a victim of modern slavery the Pilot Site is entitled to question whether the Reasonable Grounds or Conclusive Grounds threshold is met.

Consistency

1.18. It is reasonable to assume that a potential victim who has experienced an event will be able to recount the central elements in a broadly consistent manner. A potential victim’s inability to remain consistent throughout their written and oral accounts of past and current events is common. However, before the Pilot Site comes to a negative conclusion, they must first refer back to the First Responder, support provider, other expert witnesses, or the potential victim themselves to clarify any inconsistencies in the claim.

1.19. Due to the trauma of modern slavery, there may be valid reasons why a potential victim’s account is inconsistent or lacks sufficient detail. The Pilot Site should take account of any evidence of mitigating circumstances that could account for the inconsistency.

Considering gender and culture

1.20. The Pilot Site needs to know how to consider gender and cultural issues in considering credibility.

1.21. It is important to understand that trauma presents differently in different cultures and that cultural understanding of many situations is variable.

1.22. When making Reasonable Grounds and Conclusive Grounds decisions the Pilot Site must take into account the individual position and personal circumstances of the person and consider cultural or gender issues.

1.23. Individuals from the same country of origin may have different experiences due to their cultural, ethnic, gender and sexual identity. For example, women may be unable to disclose relevant details due to cultural and social norms.

Assessment regarding modern slavery

1.24. In identifying modern slavery, a multi-agency assessment and decision will be made, by the Pilot Site, at the Reasonable and Conclusive Grounds stages, having regard to all information in line with the procedures and guidance set out above. This could include information presented by a child. Any engagement with a child will be undertaken using a trauma informed approach

1.25. The Pilot Site will follow the SBNI (Safeguarding Board for Northern Ireland) Trauma Informed Practice principles A Trauma Informed Approach.

Relevance of potential prosecution of perpetrators

1.26. The Pilot Site needs to have an awareness of how prosecution of perpetrators could impact on a victim of modern slavery’s Reasonable and Conclusive Grounds decisions.

1.27. When the Pilot Site is deciding whether there are Reasonable or Conclusive Grounds that a person is a victim of modern slavery, their decision may be influenced by whether the alleged exploiter is being prosecuted. The Pilot Site’s decision is not dependent on:

• there being a criminal investigation
• whether the child cooperates with a criminal investigation

1.28. The victim of modern slavery identification process is independent of any criminal proceedings against those responsible for the modern slavery. This is because the criminal standard of proof (‘beyond reasonable doubt’) is higher than the standard of proof required for Reasonable and Conclusive Grounds decisions.

1.29. The Pilot Site must be aware that any information recorded as part of a Reasonable or Conclusive Grounds decision could be disclosed during a prosecution or a Subject Access Request.

Views of professionals during pilot decision making

1.30. The only decision-makers in both Reasonable and Conclusive Grounds decisions are representatives from the three safeguarding partners, which are the Police, Social Work Services, and a designated Health professional. Please refer to ‘Appropriate attendees on NRM panels’ in  Devolving child decision making pilot programme: general guidance - GOV.UK, for more details on voting decision-makers and advisory-only panel members.

1.31. A Reasonable Grounds decision may be made at the Initial Referral Discussion (IRD). Where the Reasonable Grounds decision is positive, but the Pilot Site does not believe it can make a positive Conclusive Grounds decision at the same time, for example, due to insufficient evidence, the Pilot Site will schedule a second meeting within 45 calendar days of the initial meeting.

1.32. If a second meeting is required, Pilot Site decision makers should consider what evidence will be necessary to enable them to make the Conclusive Grounds decision at the second meeting and ensure every effort is made to obtain that evidence. Where the Pilot Site is aware that further relevant information will be available at a later date e.g. a medical assessment or police report, the site should ensure that information is obtained for the second meeting.

Views of other experts during Pilot Site decision making

1.33. A Reasonable Grounds or Conclusive Grounds decision may be influenced by the views of experts. The Pilot Site will ensure experts involved in decision making share relevant information as appropriate and consider the views of other experts not directly involved in decision making, where available.

1.34 These other experts are not voting decision makers and could include:

• qualified medical experts
• the Northern Ireland Independent Guardian Service (Independent Guardian Service: Guidance on Article 21 of Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015),
• the police (other than voting decision makers),
• social workers
• other Health and Social Care Trust experts, and support providers.

1.35. The Pilot Site must give due weight and regard to the reports and views of the Independent Guardian. Due to their independence the Independent Guardians and views of any other experts (who are non-decision-makers) cannot be directly involved in decision making but must be invited and provided with the opportunity to take part in all meetings and discussions which relate to and impact upon the child.

1.36. These other experts and organisations may have spent the most time with the potential victim of modern slavery and established a degree of trust. Victims of modern slavery may not trust or may be afraid of the police or immigration officials. They may therefore not be willing to provide statements to law enforcement. In such circumstances these experts and organisations may be able to provide more information on the individual’s situation and the decision makers must consider any such supporting evidence. The Pilot Site must also take into account any expert reports submitted, particularly those from qualified health practitioners

Weight to give to expert reports

1.37. Potential victims of modern slavery may rely on documentary evidence to support their claim in the National Referral Mechanism (NRM).

1.38. The experience and qualifications of the individual providing the supporting evidence and the sources used will be relevant in considering what weight to attach to an expert report and every case must be considered on its merits. It is also relevant to consider whether the individual writing the report has had access to the full range of information available to the Pilot Site.

1.39. Expert evidence is not determinative of whether the Reasonable or Conclusive Grounds test is met but should be taken into account when reaching a conclusion on whether there are reasons why the Reasonable or Conclusive Grounds test is or is not met. There is no requirement to accept an assessment of an expert that a person is or is not a victim of modern slavery.

1.40. All relevant evidence, including any documentary evidence, must be considered when making a Reasonable or Conclusive Grounds decision. If there are several expert reports all must be taken into account. A decision should not rely on an expert report alone without considering all relevant information.

1.42. Where a potential victim of modern slavery relies on medical evidence, it should be from a medical or health professional who is qualified in the appropriate field. It should include information such as the relevant physical or mental condition, when that condition has been diagnosed, and why that condition or any treatment relating to it is relevant to modern slavery.

1.43. The Pilot Site will not make a determination on a potential victim’s nationality. The purpose of the NRM is to identify and support victims of modern slavery. However, the Pilot Site will consider evidence from a range of sources to enable a holistic assessment of a potential victim’s case which may include consideration of the potential victim’s claimed nationality for the purposes of their case and the claims they are a victim of modern slavery.

1.44. Any evidence supplied must be capable of being verified by the Pilot Site where appropriate.

Insufficient evidence

1.45. Where there is insufficient evidence to support a claim that the individual is a victim of modern slavery, Pilot Sites are entitled to question whether the Reasonable Grounds or Conclusive Grounds threshold is met.

1.46. Decision makers at Pilot Sites should consider what information they hold that may be relevant to a decision and ensure that is shared with other decision-makers at a multi-agency meeting to ensure all relevant information is considered.

Assessing victims who were exploited overseas or historic claims

1.47. While a victim of modern slavery must be physically in the UK in order to enter the NRM, the fact that a victim has been exploited outside of the UK does not preclude the Pilot Site from making a decision.

1.48. A child who says they have been a victim of modern slavery outside of the UK should be assessed on the same basis as a child who states they have been a victim of modern slavery in the UK. Although they may be removed from the initial occurrences or location where modern slavery offences took place, they would still need to be assessed for consideration as a potential victim of modern slavery. They would also receive further support, as they may still be traumatised by their experience, even in historic cases.

1.49. Similarly, a child may have been a victim of modern slavery some time ago and the situation may now be over. These scenarios are often referred to as historic claims as they might be referred to the NRM long after the exploitation has ended. The Pilot Site should still make a decision on whether the person is a victim of modern slavery, if the case is referred into the NRM and in scope of the Pilot, as the NRM decisions are not an assessment of future harm, but a retrospective finding of fact as to whether the individual is a victim of modern slavery.

1.50. The Pilot Site must offer potential victims of historic claims the same support and protection as is extended to all other potential victims of modern slavery,

How a referral is made

1.51. When a First Responder believes a child is a potential victim of modern slavery, they will submit a referral to the SCA, who will log the referral. This referral will be shared with the Pilot Site as appropriate.

Validating and acknowledging a referral

1.52. Staff at the SCA will validate an NRM referral. The process SCA staff will follow is:

• Check whether the referral is a duplicate or refers to an existing case

• Check there is sufficient information contained in the referral. If not, the SCA staff will swiftly contact the First Responder Organisation for more information supplied as part of the referral. Please refer to section 4 of the National referral mechanism guidance: adult (Northern Ireland and Scotland) - GOV.UK for further details on First Responder Organisations (which covers both adult and child referrals of potential victims of modern slavery).

• If the potential victim has any immigration history on the Home Office Case Information Database (CID), check that they have been identified as having a ‘Potential Victim of Trafficking’ special condition. If not, the SCA will add this to the record and raise a barrier to removal if this is not already in place.

• Check whether the referral is eligible to be part of the Pilot Programme by confirming whether the safeguarding responsibility for the child falls to one of the local authorities involved in the Pilot Programme, whether the child is more than 100 days from their 18th birthday or where there is doubt as to whether the individual is a child.

1.53. In addition to referring the case to the Pilot Site, the SCA will acknowledge it has received the referral form by sending an acknowledgement notification to:

• The First Responder
• The Police Service of Northern Ireland
• Social Worker. If there is no social worker listed on the referral form in a case involving a potential child victim, the SCA will contact the relevant Health and Social Care Trust involved with the child
• The Independent Guardian Service

The SCA will ensure all relevant updates on SCA databases are made

Making a decision

1.54. This section sets out the process the Pilot Site will follow when making a Reasonable Grounds or Conclusive Grounds decision.

1.55. When undertaking an assessment, the Pilot Site will consider all the information available to support decision making objectively. Analysis of the information and evidence available to the Pilot Site in its assessment will inform a decision that a child is a potential victim of modern slavery.

1.56. In carrying out the assessment, the Pilot Site will recognise that victims of modern slavery have been through trauma, which may impact on the information they provide. The Pilot Site will take cognisance of inconsistent accounts within the context of trauma informed practice.

Timescale for decisions

1.57. The expectation is that the Pilot Sites will make a Reasonable Grounds decision within 45 calendar days of the NRM referral being received by the Pilot Site.

1.58. Where there is sufficient information, Pilot Sites may also make a positive Conclusive Grounds decision at the same multi-agency meeting where the Reasonable Grounds decision is made.

1.59. Where the Reasonable Grounds decision is positive, but the Pilot Site does not believe it can make a positive Conclusive Grounds decision at the same time, for example, due to insufficient evidence, the Pilot Site will schedule a second meeting to make the conclusive grounds decision within 45-calendar days of the initial meeting, after the Home Office have provided quality assurance on the Reasonable Grounds decision, where appropriate.

1.60. If a second meeting is required, Pilot Site decision makers should consider what evidence will be necessary, including the steps needed to ensure it can be obtained.  This will enable them to make the Conclusive Grounds decision at the second meeting. Where the Pilot Site is aware that further relevant information will be available at a later date e.g. a medical assessment or police report, the site should ensure that information is obtained for the second meeting.

1.61. Where there is sufficient evidence to support a decision, the Pilot Site will inform the SCA of the decision. The SCA will then advise all relevant parties.

1.62. If the child is subject to criminal proceedings, the Pilot Site should consider the child’s case as a matter of urgency and, where possible, in line with the timescales of the Criminal Justice System. However, a decision should still only be made where there is sufficient information available to do so.

1.63. The Pilot Site may receive a request to delay making a Conclusive Grounds decision; for example, until an interested party can submit further information deemed relevant to a case. The Pilot Site should consider the circumstances of the request, whether the additional information is required for the decision, and as such whether it is appropriate to wait rather than proceeding with a decision. If the child is subject to potential criminal proceedings, then the timescales of the criminal justice system should form part of the consideration of the request to delay. The Pilot Site must discuss the request with the SCA, who must inform  all relevant parties of the outcome of the request to delay and provide reasons if the request is refused.

Making reasonable and conclusive grounds decision

1.64. The Pilot Site should refer to Chapter 7 and Annex E (Making a reasonable grounds decision; Making a conclusive grounds decision) in the Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK for guidance on how to make a Reasonable and Conclusive Grounds decision.

1.65. If the Pilot Site has sufficient evidence to make a positive Conclusive Grounds decision at the same time it makes a positive Reasonable Grounds decision it should do so immediately. The child will continue to receive 45-calendar days Recovery Period from the date of the Reasonable Grounds decision (in accordance with Northern Ireland legislation: Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015). Please refer to  the Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK for more information on the Recovery Period.

Recording a decision

1.66. As part of the decision-making process, The Pilot Site will complete the reporting template and return this with panel minutes and with any evidence relied upon to reach the decision, to the SCA. This should be done for both Reasonable Grounds and Conclusive Grounds decisions. Where both decisions are made in the same meeting, only one template is required. Where appropriate, the Pilot Site should specify where information is not disclosable within the template.

1.67. The SCA will record the outcome of the decision on appropriate Home Office databases and issue any required decision letters or other communications.

Actions for the Single Competent Authority following a National Referral Mechanism decision (Reasonable and/or Conclusive Grounds)

1.68. For the duration of the Pilot Programme, the SCA will carry out any necessary quality assurance processes.

1.69. This section sets out the action the SCA will need to take following a Reasonable Grounds and/or Conclusive Grounds decision. In all NRM cases, when a decision is made, the SCA must take the following actions:

Action 1: Record the decision

1.70. The SCA must update the SCA records when any of the following occurs:

• Positive or Negative Reasonable Grounds decision made
• Positive Reasonable Grounds and positive Conclusive Grounds decision made
• Positive or Negative Conclusive Grounds decision made
• a reconsideration is requested
• a decision is suspended or withdrawn

1.71. In all cases the SCA will record the outcome of the Pilot Site’s decisions and the evidence relied upon using the reporting template and panel minutes.

1.72. The SCA should complete the appropriate decision letter for the case outcome.

1.73. For a negative decision, the SCA must include a copy of the decision consideration minutes (reporting template), providing full details of what they (the decision makers) have considered, where they believe there are gaps in information and explaining their decision.

1.74 The SCA should update the Home Office databases as appropriate (e.g. NRM Referral case type, special condition, removal barrier) noting that the minimum 45-day Recovery Period must be observed .

Action 2: Notify other relevant agencies of the decision

1.75. The SCA must notify the following of their decision:

• The First Responder and / or First Responder Organisation (in all cases)
• Social Work Services
• The Independent Guardian Service.

1.76 Any decision letter from the SCA should be issued to the allocated social worker who will share with the relevant parties including the child and the Independent Guardian Service.

1.77 The SCA must not serve a decision letter or other modern slavery papers on a child under any circumstances. All modern slavery papers must be served on the child’s appointed representative or the Health and Social Care Trust, as well as the Independent Guardian Service.

1.78. The SCA should update The Police Service of Northern Ireland following a Reasonable Grounds or Conclusive Grounds decision. For more information see Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK, section 14.189 and annex B - Further guidance on information sharing.

Action 3: Notify law enforcement (where criminal proceedings are involved)

1.79. If the individual is the subject of criminal proceedings the SCA must contact The Police Service of Northern Ireland as soon as the NRM decision is made. This is done by sending the police a copy of the notification letter or contacting them by email or telephone as appropriate.

1.80. The SCA must ask the police to notify the Prosecution Service in Northern Ireland, of the NRM decision as soon as the decision is ready to be served. For more information see section 22 - Defence of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Actions for the Single Competent Authority when a National Referral Mechanism decision is suspended

1.81. Actions for the SCA in a suspended case will continue as set out in Annex E of the  Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK

1.82. The SCA and Pilot Site will agree an appropriate course of action on a case-by-case basis if they believe a case may need to be suspended. If any of the following occur, a Pilot Site will be expected to notify the SCA as soon as reasonably possible:

• the child dies, goes missing, or is arrested
• there is a change in the Health and Social Care Trust responsible for the child
• the child is likely to turn 18 before a Conclusive Grounds decision can be made
• there is a criminal trial date set ahead of the expected decision date

(Consistent with section 1.75 of the Decision making guidance for pilot sites in England and Wales - GOV.UK)

1.83. The Pilot Site will notify the SCA if they become aware of any other reason why a decision may need to be suspended.

Actions for the Single Competent Authority in live immigration cases following a National Referral Mechanism decision

1.84. Actions for the SCA in relation to immigration cases will continue as set out in Annex E of the  Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK

Single Competent Authority case record

1.85. An SCA case record must be kept by SCA staff.

1.86. When modern slavery cases are concluded, all SCA case records must, at a minimum, contain:

• First Responder referral form
• Decision letter(s)
• Decision Templates from Pilot Sites and accompanying evidence
• Details of referrals to other relevant organisations, e.g. police / Independent Guardian Service

Disclosure of information to the victim and right of access requests

1.87. Pilot Sites will be data processors for the purpose of NRM data. As such, if a right of access request is raised with a Pilot Site, the SCA as data controller should be notified.

1.88. The outcome of Reasonable Grounds and Conclusive Grounds decisions will always be disclosed to victims (or an appropriate representative for the child) as a matter of course.

1.89. Victims can request access to the information held about them by the SCA, as data controller, in accordance with Article 15 of the GDPR. Requests for information should be submitted in writing. Templates to assist with requesting this information are available from the Information Commissioner’s Office here.

1.90. Section 15 of the Data Protection Act (DPA) 2018 allows for exemptions from right of access requests as set out in Schedule 2 of the DPA 2018. These exemptions include for 2(1)(a) the prevention of a crime, and 2(1)(b) the apprehension or prosecution of offenders. As such, where there is sensitive information in the referral form or decision minutes, this should be redacted before the records are released. Examples of sensitive information that may not be released, include:

• Information about police or other law enforcement investigations
• Information regarding other victims

Tribunal requests

1.91. Actions for the SCA in relation to Tribunal Request cases will continue as set out in Annex E of the  Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK

Reconsideration of Reasonable Grounds or Conclusive Grounds decision

1.92. An individual, or someone acting on their behalf, may request reconsideration of a negative Reasonable Grounds or Conclusive Grounds decision if additional evidence becomes available that would be material to the outcome of a case, or there are specific concerns that a decision made is not in line with guidance.

1.93. If the Pilot Site receives a request for a reconsideration, the SCA should be informed as soon as reasonably possible. The SCA will inform the relevant Pilot Site if the SCA receives a request for a reconsideration relating to a decision a Pilot Site has made.

1.94. The SCA and Pilot Site will discuss the merits of the reconsideration request, but the SCA will have the final decision as to whether the case should be reconsidered.

1.95. If the SCA determines a case should be reconsidered, the SCA will determine whether the Pilot Site or the SCA is best placed to reconsider the decision.

1.96. Full details on reconsideration request are set out in Annex E of the Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK.

Public order disqualification

1.97. Pilot Sites should refer to the information on Public Order Disqualification (POD) in Annex E of the  Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK for guidance on Public Order Disqualification decisions.

1.98. In cases of a possible POD, the Pilot Site will not make a POD decision, and the case will be transferred back to the SCA. In the instance of where a Public Order Disqualification was considered for a child, but it has been determined that the disqualification will not apply, the case may be transferred from the SCA to the appropriate Pilot Site.

Revocation of Conclusive Grounds decision

1.99. Where the SCA or a Pilot Site has made a positive Conclusive Grounds decision, but information later comes to light which suggests that the decision was flawed, the SCA should consider whether revocation is appropriate.

1.100. Where the decision has been made by a Pilot Site, the SCA will discuss their concerns with the Pilot Site who made the decision to determine whether a revocation is appropriate. It will be for the SCA to make the final determination, but this will not happen before concerns have been discussed with the Pilot Site.

1.101. If it is determined that it is appropriate to revoke the Conclusive Grounds decision, the SCA caseworker must write to the local authority with safeguarding responsibility for the child, as well as the Independent Guardian Service.

1.102. If the individual has been issued Temporary Permission to stay as a ‘Victim of Human Trafficking or Slavery’, the SCA must notify the appropriate immigration team for them to consider whether curtailment of this leave is appropriate.

Withdrawing from the National Referral Mechanism

1.103. Children may not withdraw themselves from the NRM. A child may not be withdrawn from the NRM unless it is in the best interests of the child as determined by the responsible Health and Social Care Trust Child Safeguarding Services. Please refer to section 14.343 of the Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) - GOV.UK for further details.