Home Secretary to amend Modern Slavery Statutory Guidance in respect of process for re-entry into trafficking support
Following judicial review proceedings brought by the Anti-Trafficking and Labour Exploitation Unit (ATLEU) the Home Secretary has agreed to amend the process by which victims of trafficking and modern slavery seek re-entry into specialist trafficking support provided under the Modern Slavery Victim Care Contract.
The Home Secretary has agreed that the Trafficking and Modern Slavery Statutory Guidance will be amended to provide that:
- The re-entry support assessment conducted will gather information on the individual’s ongoing risks and needs and current support they have in place.
- The Single Competent Authority will assess the risks and needs and current support they have in place as identified in the re-entry support assessment in its re-entry decision.
- The re-entry decision will include the Single Competent Authority's reasons for the decision with reference to the risk and needs identified and current support in place. The Home Office will notify the individual of the re-entry decision and the reasons for that decision.
The Claimant argued that the failure to conduct a lawful assessment of risks and needs in advance of a decision on whether to grant re-entry into specialist trafficking support was contrary to Article 4 ECHR, and irrational on public law grounds.
In a judgment handed down on 30 April 2024 Mr David Lock KC granted permission and interim relief. See judgment here.
See approved consent order here.
EXC was represented by Hannah Khalifah of ATLEU, with Marisa Cohen and Catherine Meredith, and Chris Buttler KC of Matrix Chambers.