UK Modern Slavery Protections Face Scrutiny After Nationality and Borders Act
The number of individuals identified as potential victims of modern slavery in the UK has fluctuated following the implementation of the 2022 Nationality and Borders Act (NABA), raising concerns among advocacy groups about the effectiveness of the current system. Changes introduced by the Act have led to a more rigorous assessment process, resulting in a significant decrease in positive “reasonable grounds” decisions – the first step in identifying victims – and increased challenges for survivors accessing support.
Impact of the Nationality and Borders Act
The Nationality and Borders Act, which came into force in April 2022 with key provisions implemented from January 2023, brought sweeping changes to the UK’s immigration and asylum system, including those related to modern slavery. According to reports, the proportion of survivors receiving a positive reasonable grounds decision nearly halved in the year following the Act’s passage, falling from 84% to 55%.
In the last year, over 5,400 individuals were rejected at the reasonable grounds stage, including a substantial proportion of those experiencing sexual exploitation. This increase in rejections has prompted debate about whether the system is adequately identifying genuine victims or creating unnecessary barriers to protection.
Concerns Over “Abuse” of the System
The former government justified the policy changes by suggesting a rise in referrals to the National Referral Mechanism (NRM) – the UK’s official system for identifying and supporting victims of modern slavery – indicated potential misuse of the system. However, the Office for Statistics Regulation found no available data to support claims of widespread abuse.
Challenges in Accessing Support
Even for those recognized as victims at both the reasonable and conclusive grounds stages, accessing support remains a challenge. Advocacy groups report that survivors are now required to demonstrate that support – such as counseling or safe housing – is “necessary” for their recovery, adding another hurdle to accessing vital services. Data suggests a lower percentage of survivors are currently accessing counseling compared to four years ago.
Latest Framework for Sexual Exploitation Cases
In May 2024, the government introduced a new framework for decision-makers to assess cases of human trafficking for sexual exploitation. This framework considers factors such as the presence of multiple sexual offenses, evidence of prior criminality by the perpetrator, evidence of grooming, and whether the perpetrator profited from the abuse.
Campaigners argue that this rigid framework fails to capture the complexities of sexual exploitation and places an undue burden on victims to provide evidence they may not have access to. They suggest it could lead to missed cases, particularly those involving perpetrators like Jeffrey Epstein, who exploited victims over extended periods with limited evidence readily available.
The Complexity of Modern Slavery
Experts emphasize that modern slavery is a multifaceted issue with diverse forms of exploitation. Narrowly defining exploitation within specific criteria risks overlooking victims and hindering identification efforts.
Eleonora Fais, coordinator of the Anti-Trafficking Monitoring Group, stated that clear definitions consistent with international frameworks are essential for effective identification. Framing exploitation within narrow criteria can create assumptions and stereotypes, limiting professionals’ understanding and potentially leading to individuals remaining trapped in exploitative situations.
Government Response
A Home Office spokesperson affirmed the government’s commitment to reviewing the modern slavery system to reduce misuse while ensuring protections for those in need. They as well noted that the proportion of positive decisions at both the reasonable and conclusive grounds stages has increased in the past year.
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