Justice Secretary agrees to publish operational guidance to identify and support victims and potential victims of trafficking in prison
Following judicial review proceedings brought by the Anti-Trafficking and Labour Exploitation Unit (ATLEU), the Secretary of State for Justice has agreed to commence the development of operational guidance relating to victims and potential victims of modern slavery for staff working in prisons and to use his best endeavours to publish that guidance by 31 October 2022.
The Justice Secretary has agreed that the operational guidance will include:
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notification of reasonable and conclusive grounds decisions to prison staff including key workers;
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provision for a specific assessment of the modern-day slavery needs of any prisoner who has a reasonable grounds or conclusive grounds decision;
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provision for prison officers to inform partner agencies, including The Salvation Army, before a potential or confirmed victim of trafficking is released from custody.
The Claimants argued that the Justice Secretary’s failure to make arrangements for the assessment and support victims and potential victims of modern slavery was (i) discrimination contrary to Article 14 ECHR; (ii) irrational; (iii) in breach of the relevant statutory guidance; and (iv) contrary to the systems duty under Article 4 ECHR.
ATLEU’s press release is here, and the consent order is here.
The legal team included Lindsay Cundall, ATLEU, Laura McDonald, ATLEU, Chris Buttler QC, Matrix Chambers, Marisa Cohen, Doughty Street Chambers, and Katy Sheridan, Matrix Chambers. ATLEU were represented pro bono by Freshfields Druckhaus Deringer LLP.
