New draft regulations risk excluding survivors from identification and support
/The government’s new draft Slavery and Human Trafficking (Definition of Victim) Regulations narrow the definition of a victim of trafficking and modern slavery, reducing the chances that victims will be identified.
The draft regulations were introduced without consulting anti-trafficking organisations and they could have far-reaching and damaging consequences for victims of trafficking and modern slavery.
A new joint briefing that we produced with ECPAT UK, FLEX, Helen Bamber Foundation, and Hope for Justice outlines our concerns about these draft regulations which:
Are highly complex and do not align with international law
Do not distinguish between adult and child victims
Leave victims at risk of further exploitation and re-trafficking.
Official identification as a victim of trafficking and modern slavery is crucially important: it is the gateway to support services and assistance including legal advice, safe house accommodation, and in the case of children, an independent guardian. For those subject to immigration control, identification is also essential to decisions about their leave. The consequences of not being correctly identified as a victim are extreme, leaving people at risk of destitution, further exploitation and removal.
The draft regulations have been laid before Parliament under section 69(2) of the Nationality and Borders Act 2022 for approval by resolution of each House of Parliament. We have prepared this briefing ahead of legislative scrutiny of the draft regulations. We are urging members of the committees debating the draft regulations to:
Raise concerns that the draft Regulations narrow the definition of a victim, depart from international standards, provide insufficient distinction between adults and children and could lead to many victims not being identified and therefore missing out on the support they need
Ask the Home Office to redraft the Regulations and consult with the anti-trafficking sector to ensure that the new definitions of a victim are workable, consistent, in line with international law, and informed by the lived experience of survivors and those who support them
Vote against the draft regulations pending this necessary redrafting.
We have also written to the Home Affairs Select Committee to express our concerns along with over 30 other organisations and experts.
