Recent legal challenges have prompted the Home Office to revise their policy concerning safe accommodation for trafficking victims.
- Legal proceedings were initiated on behalf of a detained individual, following a police raid that identified him as a potential trafficking victim.
- The policy revision mandates the release of individuals with electronic tags into secure accommodation managed by the Salvation Army.
- This change aims to prevent prolonged detention of trafficking victims and facilitate access to psychological and social support.
- Advocates reaffirm the need for government accountability in ensuring the welfare of trafficking victims.
In response to persistent legal pressure from various human rights organisations, the Home Office has revised its stance on the accommodation of trafficking victims, significantly impacting those wearing electronic tags. This change follows a notable court case initiated by a foreign national, here referred to as ‘Son’, whose detention in an Immigration Removal Centre ensued after a criminal conviction tied to a police raid on a cannabis farm.
Despite recognising ‘Son’ as a potential victim of trafficking and modern slavery, he faced undue delay in his release due to existing policies that restricted his access to safe accommodation. This was further complicated by his electronic tagging, which hindered placement in specialist safehouse environments designed to protect and rehabilitate trafficking victims.
Legal representation from Leigh Day, along with support from Detention Action, Gatwick Detainees Welfare Group, and BID, challenged these restrictions. They argued that such policies unnecessarily prolonged the detention of individuals like ‘Son’, who was eventually released after more than eight months only after judicial proceedings were initiated.
The revised guidelines now obligate the Salvation Army to provide accommodation to those with a Positive Reasonable Grounds Decision, potentially shielding them from re-trafficking. This policy shift marks a significant step toward addressing the housing needs and rehabilitation of trafficking victims, recognising their particular vulnerability and the fact they are not ordinarily suitable for detention.
As highlighted by John Crowley of Leigh Day, “It is vital that the UK government takes its duties towards victims of trafficking seriously and ensures they are able to access the forms of support they are entitled to.” Such statements underscore the critical nature of these policy changes, aiming for accountability and humane treatment of trafficking survivors.
This policy amendment represents a substantial victory for trafficking survivors, ensuring their release from detention aligns with their recognised status and need for support.
