Contents

Decision Making Process

Making a referral is absolutely essential

Without a referral, the victim/survivor of modern slavery is unlikely to receive Home Office support. This is because the support comes from the Home Office and is usually only provided as a result of a referral or notification being made. Without this, the victim/survivor will be more likely to remain in their exploitative situation or be vulnerable to being re-exploited.

When making a referral for an adult, you will also be able to seek the victims consent to make a further referral to the Victim Care Contractor, currently The Salvation Army, for support. Upon a positive Reasonable Grounds decision, or if there are specific risks requiring immediate support, The Salvation Army will contact the victim to offer relevant support.

It is important to remember that the local authority is still subject to normal safeguarding duties to support potential victims, and charities and third parties may be able to further support.

The National Referral Mechanism (NRM) decision-making process works as follows:

  • A referral notifies the Home Office’s Single Competent Authority (SCA – for natural or registered citizens and residents of the UK) or the Immigration Enforcement Competent Authority (IECA - for non-UK national adults only) of anyone suspected to be a victim of modern slavery, i.e., who shows indicators that they may be trafficked or enslaved.
  • In Bexley, there is a local panel to decide child NRMs from March 2023 to April 2024. This means the SCA will send child NRMs back to the local panel where partners will meet and bring evidence to a multi-agency panel and make the decision themselves. This decision is then sent back to the SCA for auditing.
  • The SCA/IECA/Local Panel has a duty to investigate and identify victims in a two-stage process and decide if the person is a victim of modern slavery. While a decision is being made, the local authority has a normal duties to support, accommodate, and respond to any risks of the potential victim.

To establish whether a person is a victim of any form of modern slavery (including trafficking), two decisions are made:

1. A reasonable grounds (RG) decision to establish whether someone is a potential victim

The threshold at this ‘reasonable grounds’ requires “reasonable grounds to believe that a person is a victim of modern slavery.” A reasonable grounds (RG) decision should take up to 5 working days (and 45 days for child NRMs at pilot sites).

If the RG decision is positive, they are entitled to support, including the option of gender-specific Government-funded safe house accommodation, if required, and a 30-day period of reflection and recovery is granted. This is meant to allow the victim to begin to recover from their ordeal and to reflect on what they want to do next, for example, co-operate with police etc.

2. A conclusive grounds (CG) decision on whether they are, in fact, a victim

During the reflection and recovery period, a conclusive grounds decision will be made based on the evidence gathered. The standard of proof is ‘on the balance of probabilities’ that a victim is more likely a victim than not. There is no time limit on the number of days this may take, but for pilot sites CG decisions for child NRMs must be made within 90 days.

Bexley Child NRM Devolved Decision-Making Pilot

The London Borough of Bexley has been chosen to be one of 20 pilot sites in a bid to the Home Office to test devolving responsibility to make local NRM decisions for children. The pilot will run from January 2023 until March 2024.

The monthly NRM panel is made up of core voting members who include, Local Authority, Health, and Police. A representative from the Independent Child Trafficking Guardian (ICTG) service is also required at panels but does not have decision making capabilities. Other attendees including commissioned services and other aligned professionals will act in an advisory capacity only and will not be able to vote on a decision. Voting members will consider intelligence and make RG and CG decisions at the local panel. These will be then returned to the Single Competent Authority (SCA) for auditing.

For the latest advice on how to end modern slavery, including details about how to refer victims to the national referral mechanism (NRM) visit Statutory guidance Modern slavery: how to identify and support victims on the GOV.UK website.

The SCA/IECA provides short-term support via the Modern Slavery Victim Care Contract provider.

Government Funded Short-Term Suport (Post RG)

  • If a PV receives a Positive Reasonable Grounds (RG) decision, they can enter the NRM
  • The NRM offers access to a range of services for a minimum period of 30 days (the refection period)
  • The support includes safe house accommodation, interpretation / translation services, material assistance, outreach support, legal advice, and access to medical, psychological, and counselling treatments
  • PVs can choose to only access part of this support – for example, they may choose to stay in their own or local authority or asylum accommodation and just receive the NRM’s outreach support
  • PVs should receive a tailored support plan from the safe house
  • The NRM can also help and provide funds to non-UK PVs, via the Home Office voluntary returns scheme, to go back to their country of origin if they wish to and it is safe for them to do so
  • The NRM can also facilitate access to legal aid solicitors who can provide advice on civil compensation, immigration and/or any other additional legal needs PVs may have
  • Subject to availability, PVs referred into the NRM will be provided with safe house accommodation away from the area(s) of exploitation, however it may be locally if the victim does not wish to leave the area. This should be requested if needed, giving reasons
  • After a PV leaves the NRM, whether they receive a positive or negative CG decision, they are still likely to have ongoing support and legal needs and potential risk factors that need to be assessed and planned for
  • In assessing long-term needs, please refer to Steps 8 and 11 of the NRM Process Guide
     

The NRM can offer victims/survivors:

  • temporary safe accommodation
  • financial and material assistance
  • medical treatment, with exemption for health care charges
  • emotional support/counselling
  • access to an interpreter
  • independent legal advice, with legal aid
  • limited protection against removal from UK or consideration for discretionary leave to remain