This article is designed as a brief on the existing and developing mechanisms for support for migrant victims in the modern slavery system.

The support system for suspected and confirmed victims of trafficking/modern slavery is undergoing a period of upheaval. The statutory guidance, which was updated on 1 May 2025, begins by boldly emphasising the need for rehabilitation of victims and confirming that institutional efforts should be addressed in this direction.

The guidance also highlights the importance of collaborative partnerships and multi-agency cooperation in order to ensure that victims are identified, protected and safeguarded, confirms that the government is introducing minimum standards of care in all future contracts based on The Slavery and Trafficking Survivor Care Standards, and states that a reference group has been established to help ensure that this is reviewed and updated. 

Adult victims and potential victims

Modern Slavery Victim Care Contract

Adults who are referred into the National Referral Mechanism (‘NRM’), which is the system for identifying victims of trafficking, can receive support if they consent to it. In England and Wales, support in the community is available through the Modern Slavery Victim Care Contract (MSVCC) which is designed to provide essential support to prevent destitution and to avoid a breach of an individual’s Convention rights. Support through the MSVCC can begin when a ‘first responder’ (one of the organisations recognised by the Home Office as being able to identify and refer potential victims) first refers someone into the system if that individual confirms their consent to receiving support.

Before receiving a reasonable grounds decision

A reasonable grounds decision is the first of two decisions made by the Home Office when assessing whether someone might be a victim of human trafficking. It is made to a standard of proof which is lower than the ‘balance of probabilities’ and a decision maker need only agree with the statement that there are ‘reasonable grounds to believe that a person is a victim of modern slavery’.  This decision should be made within 5 working days of a referral by a first responder but this is not always the case.

Where someone may be facing destitution before receiving this decision, the MSVCC provides that accommodation can be provided on an emergency basis. The Salvation Army is the organisation which will determine whether an individual requires emergency support to prevent destitution prior to a reasonable grounds decision and upon referral under the MSVCC they will establish any immediate welfare needs.

When someone says that they need emergency support, a number of factors will be considered and these are set out at ‘Annex F’ of the statutory guidance. One consideration is whether someone is eligible for alternative support such as through the local authority. Accommodation will only be provided on an emergency basis if there is reason to believe there is a) no other accommodation available to them and b) without emergency accommodation they would be unsafe due to the risk of re-exploitation.  

One issue that may arise at this stage is the range of organisations which could have responsibility for the individual and it may be difficult for someone to advocate on their behalf for emergency accommodation if they are unaware of their entitlements to alternative support. 

After a reasonable grounds decision

Following a positive reasonable grounds decision, adult victims will be provided with a recovery period of at least 30 calendar days (but usually this period is far longer) beginning on the date the decision is made. This period will not apply where a public order or bad faith disqualification has been made. This is a disqualification from trafficking protection and is beyond the scope of this article but is usually applied in cases where there has been criminality. More on that here.  

For anyone who does receive a recovery period, a more substantial assessment of the individual’s needs will then be made to understand what elements of support are required in relation to the individual’s ongoing recovery needs. Usually an individual will be assigned a support worker to assist with this and a ‘journey plan’ will be completed to ensure the victim or potential victim is aware of and able to access support and assistance.

In reality, individuals may be in this recovery period for far longer than 30 calendar days whilst they await their trafficking decision. If you are working with someone who is in this process, it is important to assist them to advocate for a regular review of their journey plan and ongoing support needs.

After a conclusive grounds decision

A conclusive grounds decision is the second of two decisions in the trafficking process and confirms whether or not it is accepted that someone is a victim of trafficking. Anyone who receives a decision which confirms they are victim is guaranteed a minimum of 45 days of move-on support to assist with transition out of the MSVCC.

Anyone in this situation should undergo a recovery needs assessment to consider what will be required in the transition and there is specific guidance on this assessment.  

Child victims – duties and support

A different set of rules apply to child victims and potential victims.

The guidance at section 9 summarises child protection and safeguarding systems and support for trafficked children. It sets out the responsibility of three safeguarding partners (local authority, chief officers of police and clinical commissioning groups) to safeguard and promote the welfare of children.

In practise this means developing protocols, resources and support to safeguard all children in the UK, regardless of their immigration status. An alarming number of children go missing in the UK from asylum support hotels and directly from specific local authorities with Kent losing 52 children from care between 2018 to 2025. Trafficking and exploitation of children plays a role in these cases of missing children. 

Start of the identification process

Once a child is identified as a potential victim of exploitation or trafficking, social services have within 24 hours to decide if an initial assessment is needed. A strategy discussion should be held by the local authority and early help provided.

The local authority child protection team should carry out a ‘child in need’ section 17 assessment to ensure the child is safe and that any contact with traffickers ceases.  A Section 47 inquiry will be initiated where there is reasonable cause to suspect the child is at risk of harm. Both section 17 and Section 47 are enshrined in the Children’s 1989 Act.

Unaccompanied children with no parent or guardian will receive local authority support under Section 20 of the Children’s Act and be provided with accommodation. After being accommodated for 24 hours, the child then becomes a ‘looked after child’ and should be entitled to the same local authority provision as any looked after child. The child is allocated a social worker who should draw up a care plan and this should include meeting needs such as the health and education of the child. Primary to this should be the protection of the child from any ongoing risk from traffickers.

Home Office decision makers fixatedly focus on claimant’s ability to consistently recall past events. Section 9.24 underlines that trafficked children often give conflicting accounts and that this is a common indicator of trafficking. It underlines that credibility judgements should not be made. This section can be helpful for drafting representations where the SCA raises points of inconsistency, as are the indicators in the annex, in particular the child-specific indicators at 10.7 to 10.18.

As with adult cases, any child suspected of being exploited or enslaved should be referred into the NRM. As a named first responder, social services should make this referral. Legal representatives may need to explain this duty to social services if they have limited experience of working with trafficked children. The guidance underlines that a child should not have to repeat their trafficking experience to different professionals. To minimise distress, where possible, the authorised legal representative and social worker should share information on the child’s trafficking experience.

Local authority role

Unlike adult cases, the local authority is the primary service provider for the child’s protection and support. There is no involvement of the Salvation Army until the child leaves the care of the local authority. Some young people can stay in care up to 25 years of age, depending on their specific circumstances. Working on child cases, it is important to liaise with their social worker or, once they turn 18, their personal advisor. These key contacts will help you as a legal representative to understand the extent of your young client’s care and support within the local authority.

For age disputed children it should be assumed that the child is under 18 and the care as stated above should be rolled out until the age dispute is resolved. 

Independent child trafficking guardians

For children, the additional support of independent child trafficking guardians (ICTGs) exists, dependent on locality as only two thirds of local authorities currently have ICTGs. An ICTG is an independent source of advice who can speak up on behalf of children, act in their best interests.

For children with no parental care ICTGs offer direct support via face to face meetings and / or remote support. For children who have someone acting as a parent, they tend to provide indirect support such as advice and guidance to professionals and parents to ensure the child’s best interests are met. The first responder should refer a child to the ICTG service via the Barnardo’s online referral form.

Child criminal exploitation

Child criminal exploitation (CCE) has no statutory definition but is defined for the guidance at section 9.32. Section 9.39 provides a definition of County Lines. It is stated that the child should be seen as a child first, and an offender second. It calls for all professionals to work in a child centred and child focused manner. As outlined above, an assessment under Section 17 or Section 47 should ensue and a referral into the NRM.

Where a criminal act has been made as a result of exploitation, the child may be eligible for a defence under section 45 of the Modern Slavery Act 2015. It is important for immigration legal representatives to inform criminal representatives of this defence as they may be unaware of this provision.

When a child becomes an adult

Where a child becomes an adult, they can then consent to continue to access support in the NRM as an adult. The local authority will contact the SCA and the support will be transferred to the MSVCC. Once a victim has a positive conclusive grounds decision, they will then be referred to the Salvation Army where they should receive 30 days calendar days of support. and then they should also receive at least 45 calendar days of move on support after which they exit MSVCC support.

Conclusion  

The multiplicity of agencies involved in supporting victims and potential victims is both a strength and weakness of the system. There are many opportunities for individuals to fall through gaps in support. The support provided may also depend on an individual’s ability to fully disclose their trafficking experience, navigate the system and to advocate for the support to which they are entitled. On the other hand, there is the possibility for collaboration and support from a wide-range of professionals to addresses the complex and differing needs of adults and children who have been trafficked.

This article was first published in August 2020 and has since been updated with the assistance of Sarah Wahby so that it is correct as at the above date.

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