Major reforms to modern slavery laws tackling abuse of the system come into force 

• Foreign criminals can now be refused modern slavery protections 
• Wholesale system changes will help prevent false trafficking claims and put genuine victims first 
• Measures sit under the Nationality and Borders Act and are effective from today 

The Home Secretary will act to prevent abuse of the UK’s world-leading modern slavery system by restricting the ability of criminals convicted of serious offences and those making false claims from identifying as victims of modern slavery and human trafficking.

Measures under the landmark Nationality and Borders Act 2022, which come into force today, Monday 30 January, will strengthen the National Referral Mechanism (NRM) system against misuse, for example by Foreign National Offenders (FNOs) who often claim to be trafficking victims in an attempt to block their removal from the UK – a protection offered under the NRM.   

Home Secretary Suella Braverman said:

“We must stop people exploiting our immigration and asylum laws. And I am personally determined to crack down on those abusing the generosity of the British public and taking our country for a ride.

“It is totally unfair that genuine victims of modern slavery may be left waiting longer to receive the protections they need due to the flagrant abuse of the system.

“The changes coming into force will mean if you’ve committed an offence, we have the power to refuse your protections and kick you out of our country.”

Previously, if an FNO claimed to be a victim of modern slavery, any action to remove them from the UK would be paused while their claim was considered. From today, the Home Secretary can prevent certain foreign criminals and people who have made false claims from accessing the protections provided by the NRM, such as the protection from removal.  

The guidance for case workers has also been updated to make it clear that when reviewing a claim, there should be objective evidence of modern slavery rather than mere suspicion. 

This could include evidence of physical and psychological abuse, or the circumstances in which a person was found by a first responder (organisations or individuals, such as a charity or police, who can refer people to the NRM). Previously, a person simply claiming to be a victim would often qualify for NRM protections while their case is considered, with little or no supporting evidence.The new process will now encourage first responders to provide this evidence in support of a referral.  

In addition, abuse of the current system has meant there are still cases of offenders being allowed to remain in the UK. For example, a man convicted for a number of sexual offences, including rape, tried to appeal against our decision to remove him. 

When later detained for removal, he refused to comply with the process and went on to claim he was a victim of modern slavery. He was referred through the NRM and granted bail while a final decision was being made on his claim. During this time, he committed a further rape and was convicted again. He remains in the UK.  

These measures come ahead of legislation due to be introduced in due course by the government, which will further strengthen the NRM so that valuable resources can be directed towards genuine victims of modern slavery and human trafficking, not those who seek to abuse our laws in order to thwart their lawful removal from the UK.  

ENDS 

Notes to editors: 

• For further information contact the Home Office Press Office on 0300 123 3535 or 07623 514 628 out of hours.
• The National Referral Mechanism (NRM) identifies and supports potential and confirmed adult victims of modern slavery by connecting them with appropriate support including through the government funded Modern Slavery Victim Care Contract (MSVCC), local authorities, asylum services, and wider state support services such as the NHS.  
• We launched a new Modern Slavery Victim Care Contract on 4 January 2021. 
• Referrals into the NRM have increased significantly in recent years, growing by 450% between 2014 and 2021, with 12,727 referrals into the system last year. 
• Since 2016, the government has provided additional investment to the core policing budget to enhance the policing response to modern slavery and drive-up prosecutions.
• As a result, policing has increased the number of live modern slavery investigations. More police have been trained to identify and investigate the crime and the number of police referrals to the Crown Prosecution Service and prosecutions has risen.  

Key measures coming into effect today include: 

Removing protections from criminals  

• We will now be able to withhold protections from criminals who have been sentenced to 12 months or more, or who have been convicted of a serious offence such as murder, terrorism and sexual offences or those posing a risk to national security.  
• This includes withholding the initial protections granted while someone’s claim is being reviewed. One such protection, among others, is that they cannot be removed from the UK for 30 days.  
• This new measure now aligns to guidelines set out by ECAT (Council of Europe Convention on action against Trafficking in Human Beings).  

Reviewal of guidance 

• We have now fully reviewed the guidance used by decision makers assessing modern slavery claims. New guidance will help ensure they focus decisions on objective factors and evidence of someone being a victim. 
• The changes build on and simplify current guidance to ensure decision making is robust and consistent, while still providing scope to consider instances where a referral may be received with very little additional information. 

Removing protections from people who make false claims  

• We can now withdraw access to the initial and any wider protections where an individual has found to have falsely or in ‘bad faith’ claimed to be a victim of modern slavery or human trafficking. 
• This will be applied where there is sufficient evidence to conclude that an individual has falsely claimed to be a victim of modern slavery. For example, an individual’s story about their journey to the UK does not match immigration records or their passport history. 

Removing additional or repeat protections  

• Previously, when an individual was provided initial protections which include a block on being removed from the UK, (this is known as the recovery period) then they would be provided this again if they make another modern slavery claim – even if this happened before their initial claim was made. 
• The government has now set out whether, or in what circumstances, individuals should and should not receive multiple initial protections, thereby closing an opportunity for misuse by those wishing to delay their removal from the UK.  
• This will help to ensure appropriate assistance and support is provided to those in need, rather than those who have already benefitted from the recovery period’s benefits and protections.  
• It will also help bolster the system against those making repeat false claims in an attempt to extend their recovery period and the protections that come with it.  
• This policy will not apply to those individuals who have been re-exploited and decisions on whether to grant an additional recovery period will be made on a case-by-case basis.