The Home Office in the UK has made a significant U-turn on its policy regarding the support for modern slavery victims, a move welcomed by human rights groups and lawyers advocating for trafficking victims. The policy, introduced by former Home Secretary Suella Braverman on January 31, was criticized for depriving certain victims of protection from traffickers.
The controversial policy specified that potential trafficking victims with criminal convictions would no longer be automatically assessed for the support available to trafficking victims, which includes vital assistance such as accommodation, counseling, and financial aid. Campaigners argued that excluding these individuals could expose them to re-exploitation by their traffickers, particularly victims involved in activities like cannabis cultivation, sex work, and county lines operations.
The policy, known as public order disqualification (POD), faced a legal challenge from three potential trafficking victims from Vietnam, Poland, and Romania who had received PODs due to criminal convictions. They contended that trafficking victims were at a real risk of being re-trafficked under the policy. The Home Office revealed that out of 253 decisions made since the policy’s implementation, 252 were rejected for support.
The high court hearing, initiated last year and concluded recently, warned of the potential rights violations, including slavery and forced labor, if the policy continued. The lack of consideration for the risk of re-trafficking in the policy was a significant concern.
Before the scheduled high court hearing on February 6-8, the Home Office withdrew the policy and issued new guidance. The updated guidance now mandates caseworkers to assess all trafficking victims for the risk of being re-trafficked before withdrawing any support due to criminal convictions. The amendment reinstates a crucial protection that Braverman’s policy had removed.
Maria Thomas from Duncan Lewis solicitors, who challenged the Home Office policy, emphasized the positive impact of the amendments, stating, “This is a big win for foreign national survivors who are being systematically punished for criminal acts committed as a result of their exploitation.” The move reflects a recognition of the need to prioritize the well-being and protection of trafficking victims over punitive measures.
