Chapter 25: Modern slavery and trafficking
Guidance on providing homelessness services to victims of modern slavery.
25.1 This chapter provides guidance on modern slavery in relation to applicants who are threatened with homelessness or homeless
What is modern slavery and trafficking?
25.2 Modern slavery is a serious and often hidden crime in which people are exploited for criminal gain. It encompasses human trafficking and slavery, servitude and forced or compulsory labour. The impact can be devastating for victims. The essence of human trafficking is that the victim is coerced or deceived into a situation where they are exploited. Article 4(a) of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) defines ‘human trafficking’ as: “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.” More information on the definitions and indicators of modern slavery can be found in the Modern Slavery Act 2015 statutory guidance for England and Wales.
Identification
25.3 Modern slavery is a highly complex crime. There is no typical victim of slavery – victims can be men, women and children of all ages, ethnicities and nationalities (including British) and cut across the population. But it is normally more prevalent amongst the most vulnerable groups, for example, individuals with mental health issues, substance misuse issues or socially isolated individuals. However, anyone can be a victim of modern slavery. Victims may not recognise themselves as a victim of modern slavery or may be reluctant to be identified as such, and therefore they may not be aware that they are a victim of modern slavery. Vulnerabilities may not be initially apparent and therefore it is important that housing authorities obtain as much information as possible from other organisations engaged with the victim (with their consent), in order to understand their support needs.
25.4 Local authorities are responsible for safeguarding and promoting the welfare of all children in their area, including child victims of modern slavery. Child victims are victims of child abuse and should therefore be treated as such using existing child protection procedures and statutory protocols. Safeguarding procedures may also apply for child family members of adult victims of modern slavery.
25.5 Victims of modern slavery can be found anywhere. There are certain industries where they are currently more prevalent, such as nail bars, car washes, agriculture and fishing, building sites and the sex industry. Other high-risk situations include when there is a need for a sudden injection of workers into the work force, such as seasonal staff or construction for a major event. However, victims may also pass through transport hubs, health services and other public places or be found in private homes
25.6 In all cases decision makers should be alive to the possibility that applicants for assistance under Part 7 are victims of modern slavery and or are otherwise vulnerable. Particular care should be paid to children, especially where there are doubts about the relationship with any purported guardian. Children’s social services should be alerted to any safeguarding concerns immediately.
The National Referral Mechanism
25.7 The National Referral Mechanism (NRM) is the process by which people who may be victims of modern slavery are identified and supported by the UK government.
25.8 Adults identified in the NRM will be connected with the appropriate support to assist them in rebuilding their lives, which may include support provided through the specialist government-funded Modern Slavery Victim Care Contract (including safehouse accommodation, financial support and a support worker to help facilitate access to wider services), and support provided by local authorities and asylum services.
25.9 Local authorities, as designated first responder organisations, should refer any individual they suspect to be a victim of modern slavery to the NRM. Adults have to provide informed consent to be referred to the NRM, but children do not need to consent and must be referred to the NRM if there are suspicions that the child has been a victim of modern slavery. For further detail on how to refer to the NRM, please see the Modern Slavery Act 2015 statutory guidance for England and Wales.
25.10 In some instances, the adult involved may not give consent to a referral to the NRM. In this case, instead of referring the case, the housing authority has a duty to notify the Home Office under section 52 of the Modern Slavery Act 2015. For further information, see the Modern Slavery Act 2015 statutory guidance for England and Wales. Housing authorities may also wish to consider making referrals to other organisations who may be able to provide support to the potential victim, with their consent.
25.11 Following the referral of an adult or child into the NRM, an initial ‘reasonable grounds’ decision will be made by the Single Competent Authority, where possible, within 5 working days.
Modern Slavery Victim Care Contract (MSVCC)
25.12 If an adult receives a positive reasonable grounds decision through the NRM, they are entitled to support. This is provided through a central government-funded modern slavery victim care contract (MSVCC) and includes safe house accommodation, financial support and a support worker to help with access to wider services including, but not limited to, health and mental health services, translation and legal representation. For more information regarding MSVCC support, see the Modern Slavery Act 2015 statutory guidance for England and Wales.
25.13 The MSVCC operates as a bridge, to lift adult victims out of a situation of exploitation and to set them on a pathway to rebuild their lives. The support provided through the MSVCC does not prevent potential victims or victims from accessing support they would otherwise be entitled to receive, including support from housing authorities.
25.14 The Salvation Army is the Prime Contractor of the MSVCC. The Salvation Army will undertake an initial Risk Assessment for a potential adult victim once they have received a referral from the Single Competent Authority, to determine the potential victim’s immediate needs and identify if accommodation is required. Emergency accommodation is available under the MSVCC where potential victims are destitute and have no safe accommodation – this can be provided prior to a reasonable grounds decision being made. Further details can be found in Annex F of the Modern Slavery Act 2015 statutory guidance for England and Wales.
25.15 Where a potential victim is already in suitable accommodation, such as accommodation secured by the local authority or asylum accommodation, and there is no risk to them in remaining at their current location, they will usually continue to remain in that accommodation unless a MSVCC needs-based assessment reveals a specific need for MSVCC accommodation. Further information on what constitutes suitable accommodation can be found in Chapter 6.
25.16 Further to the reasonable grounds decision, a Conclusive Grounds decision will be made which will determine whether, on the balance of probabilities, the individual is a confirmed victim of modern slavery. Following a positive Conclusive Grounds decision, victims are entitled to at least 45 calendar days of ‘move-on’ support and will only be exited from MSVCC support when it is appropriate to do so. Further information is set out in the Modern Slavery Act 2015 statutory guidance for England and Wales. The MSVCC support providers may support the victim to make a homelessness application and/or make a voluntary referral to the housing authority.
Children support and assistance
25.17 Children are supported locally and are not provided with support and assistance through the MSVCC, unless they are the dependent of an adult receiving support through the MSVCC. Housing authorities should refer unaccompanied children to children’s services in line with local safeguarding procedures.
Applications and inquiries under Part 7
25.18 Section 188(1) of the 1996 Act requires housing authorities to secure that accommodation is available for an applicant if they have reason to believe that the applicant may be homeless, eligible for assistance and have a priority need. If housing authorities believe an individual may be vulnerable as a result of being a victim of modern slavery, following a referral to the NRM, housing authorities should ensure that interim accommodation is available while they are waiting for an initial Reasonable Grounds decision and/or while the housing authority carries out its enquiries.
25.19 As set out in 25.16, further to a reasonable grounds decision, a Conclusive Grounds decision will be made. Following a positive Conclusive Grounds decision, victims will be exited from MSVCC support, only when appropriate to do so, and will be entitled to receive at least 45 calendar days of support from the MSVCC provider during the move-on period. Victims who have been unable to secure accommodation may be owed homelessness duties as they will be required to transition from MSVCC accommodation. Housing authorities may find it helpful to establish local, joint working arrangements with MSVCC support providers where appropriate, to help identify people at risk of homelessness as early as possible and maximise the opportunities to prevent homelessness and the risk of re-trafficking.
25.20 As MSVCC accommodation is designed to be transitional, it should not be considered reasonable to continue to occupy in the medium and longer term. Therefore, where appropriate, housing authorities are encouraged to explore options for housing which may provide a more long-term solution for applicants.
25.21 In many cases involving modern slavery or trafficking, the applicant may be in considerable distress and officers would benefit from appropriate training to enable them to conduct such interviews. Applicants should be given the option of being interviewed by an officer of the same sex if they wish. Victims may also require support from their support worker during interviews and in completing applications, therefore where consent is given, the support worker should be enabled to liaise with the local authority directly, on behalf of the victim. Information that other agencies supporting the victim have provided should be taken into account when making the assessment and care should be taken not to repeat requests for information that has already been provided, to reduce the risk of retraumatisation. Guidance on trauma-informed practice can be found in Annex D of the Modern Slavery Act 2015 statutory guidance for England and Wales.
25.22 A person who has been a victim of trafficking or modern slavery may have a priority need for accommodation if they are assessed as being vulnerable according to section 189(1)(c) of the 1996 Act. In assessing whether they are vulnerable a housing authority should take into account the risk of the applicant being re-exploited and advice from specialist agencies providing services to the applicant, such as their assigned support provider under the NRM, or other organisations who are providing support including drug and alcohol services, local charities and the police. Many victims of modern slavery suffer from poor mental health and often lack support structures in the area they are residing. If a victim of modern slavery is threatened with homelessness or is homeless this significantly increases their risk to being re-trafficked or exposed to further exploitation. For further guidance on priority need see Chapter 8.
25.23 An applicant who is a potential victim of modern slavery may have left an area where they have a local connection due to a risk of violence or domestic abuse. A housing authority cannot refer an applicant to another housing authority if they or anyone who might reasonably be expected to reside with them would be at risk of violence or domestic abuse in that area. For more information on local connection, see Chapter 10.
Suitability of accommodation
25.24 There may be a number of accommodation options for victims of modern slavery. Housing authorities should consider which are most appropriate for each person on a case by case basis taking into account their specific circumstances and needs.
25.25 Account will need to be taken of any special considerations relating to the applicant and their household or their experiences that might affect the suitability of accommodation. Where there is no other option for applicants who have suffered modern slavery but to be accommodated in an emergency hostel or bed and breakfast accommodation, care will need to be taken to ensure that the accommodation is suitable for that individual, taking into account their particular needs and circumstances; for example, the accommodation may need to be gender-specific, or have specific security measures in place. Housing authorities will need to comply with the special rules regarding suitability of bed and breakfast accommodation relating to those with children or who are pregnant, which can be found in Chapter 17. Housing authorities should be mindful that vulnerable individuals who have left their traffickers remain at an enhanced risk of being re-trafficked.
25.26 Whilst authorities should, as far as is practicable, aim to secure accommodation within their own district, they should also recognise that there can be benefits for some applicants to be accommodated outside of the district. This could occur in cases of modern slavery or trafficking where the applicant, and/or a member of their household, would be vulnerable to further exploitation and needs to be accommodated outside the district where there is a risk of staying in the area has been identified, for example, a risk of re-trafficking.