What trafficking and modern slavery are
Trafficking and modern slavery include forced labour, sexual exploitation, domestic servitude and criminal exploitation, such as being made to carry drugs or work on a cannabis farm. The victim may have been brought to the UK, or exploited here, and may have entered legally or illegally. You can be a victim even if you agreed to travel, even if you were paid, and even if you were forced to commit crimes. Children can be victims without any element of force or deception.
The National Referral Mechanism
The National Referral Mechanism, or NRM, is the UK system for identifying and supporting victims. A first responder, such as the police, the Home Office, a local authority or certain charities, refers a possible victim. The process has two decisions:
- The reasonable grounds decision. A quick decision on whether there are reasonable grounds to believe the person is a victim. A positive decision opens access to support, including safe accommodation, subsistence and counselling, during a recovery period.
- The conclusive grounds decision. A final decision, taken later, on whether on the balance of probabilities the person is a victim.
The decision makers are the Home Office’s specialist unit, and a negative decision can be challenged by asking for reconsideration. Evidence is important: an account in the person’s own words, medical and psychological reports, records of the exploitation and the account of someone who knows what happened.
Protection and immigration status
A positive conclusive grounds decision does not by itself give permission to stay. A person may be granted discretionary leave in some cases, for example to recover, to help with a prosecution or to pursue compensation. A victim may also have an asylum claim or a human rights claim, because the harm they suffered, or the risk of being trafficked again, may qualify. These are separate routes, each needing its own evidence. See claiming asylum and human rights and private life applications.
Recent changes
The Government has tightened the system, including by limiting the protections available to people it considers a threat to public order. This is an area where the rules are changing, so we check the current position before we advise.
Victims who are in detention or facing removal
A victim of trafficking should not normally be detained, and an NRM referral should be considered before removal. If you are detained and say you were trafficked, tell the person you see at the centre, and tell your adviser. See immigration detention and bail.
If you need help now
In an emergency, call 999. The Modern Slavery and Exploitation Helpline is free and confidential, and can be reached on 08000 121 700. You do not have to speak to the police to get help.
How we help
We help you make or support an NRM referral, prepare a statement and evidence, challenge a negative decision, and advise on the asylum, human rights or leave application that follows. Book a consultation below, or telephone us.
