SlideShare a Scribd company logo
1 of 21
Download to read offline
Introduction to Human Trafficking –
what it is, immigration,
accommodation and support and
options for potential victims and
victims
Kay Foxall, Immigration & Asylum Solicitor 25 April 2017
Outline of Workshop
This session will cover:
1.What is human trafficking;
2.Indicators that a person may be a victim of human trafficking;
3.How the authorities should identify potential victims of human trafficking;
4.Options for potential victims and victims of human trafficking in relation to:
a. Immigration matters;
b. Accommodation; and
c. Financial support
What is human trafficking (1)
In simple terms
Human trafficking can be understood as at least one person procuring the movement of
at least one other person in order to exploit them.
Legal definition.
With adults, in order to meet the legal definition of a “victim of trafficking” a combination
of components must be present:
1)an action, as a result of,
2)a means, which are done for,
3)3) the purpose of exploitation.
With children only two of the above components just be present:
1)an action, done for,
2)the purpose of exploitation.
What is human trafficking (2)
Actions
One of the following acts must have occurred:
1.Recruitment – by any means including in person, by phone, through the press or via
the internet;
2.Transportation – this does not need to be international or illegal;
3.Transfer – exchanging control over persons;
4.Harbouring – hide, detain, keep etc another person; or
5.Receipt of persons.
These terms are not defined in law - the definitions given above are examples only.
Exercise
Which of the following could be “an act”? Which act?
1.A is invited by B to travel abroad with B’s friend;
2.A is invited by B to travel with B to another town within A’s country;
3.A person is offered work in a restaurant in their home town;
4.A parent travels with their child to another country;
5.A travels to another country to live with their spouse, once there A is met by a relative
of the spouse who takes A to their house.
What is human trafficking (3)
The Means
One or more of the acts must have occurred as a result of one of the following means
being used in order to achieve the consent of the trafficker having control over the
victim:
1.the threat or use of force;
2.Abduction;
3.Fraud;
4.Deception;
5.Coercion;
6.the abuse of power or of a position of vulnerability; or
7.the giving or receiving of payments or benefits.
Exercise
Which of the following could be a form of “means”? Which means?
1.A’s traditional family (who believe in arranged marriages) tell A that she is to marry B;
2.B tells A that A will be working in tourism when that is not the case;
3.A is threatened by a local man, she has heard that B can help people leave the
country and contacts B to ask for help to travel abroad;
4.A is from a poor family and has no qualifications, B tells A that although B will be
arranging for A to work in prostitution it is the only way they will be able to support their
family.
What is human trafficking (4)
Exploitation
Finally the act and means must have occurred for the purpose of exploitation.
Types of exploitation include:
1.unlawfully obtaining a financial or other material benefit from the prostitution of
another person,
2.sexual exploitation,
3.forced labour or services,
4.slavery or practices similar to slavery,
5.servitude,
6.forced criminality,
7.organ harvesting,
Question
Can you think of any examples of practices or treatment that could fall within one of the
above types of exploitation?
Indicators of Human Trafficking (1)
Victims of trafficking may present in numerous different situations, may exhibit various
different behaviours and may disclose many different experiences all of which could be
indicators that they are a potential victim.
Misperceptions of who is likely to be a victim, how victims should behave and where
they come from can all hinder victim identification.
Common myths about victims
•They do not take opportunities to escape and therefore there was no coercion.
•If they say they have a better life than previously, then they have not been trafficked.
•They are not victims when they reject help.
These myths and false perceptions do not consider that victims may have legitimate
reasons for choosing not to escape or to reject assistance (e.g., fear of reprisals,
vulnerability, lack of knowledge of the environment). Even if their life in their country of
origin might have been worse than their trafficking experience, that still does not mean
that they have not been trafficked.
For a full list of indicators of human trafficking see the “Human Trafficking Indicators” list
published by the United Nations Office on Drugs and Crime
https://www.unodc.org/pdf/HT_indicators_E_LOWRES.pdf
Indicators of Human Trafficking (2)
Case Study Exercise
Read the separate sheet “Human Trafficking Indicators, Sofia – Case Study”.
Split into groups and using the separate sheet headed “Human Trafficking Indicators”
which is published by the United Nations Office on Drugs and Crime (also available
online https://www.unodc.org/pdf/HT_indicators_E_LOWRES.pdf) write a list of any
Human Trafficking Indicators you can see in Sofia’s case.
If there is anything in Sofia’s case which makes you think she might not be a victim of
trafficking then write these down too.
How potential victims should be identified (1)
The UK has signed up to an international agreement called the Council of Europe
Convention on Action Against Trafficking in Human Beings (“the Convention”) on 17
December 2008. The Convention aims to prevent and combat trafficking and
provide protection for victims of trafficking and to safeguard their rights. The
Convention was brought into UK law on 1 April 2009.
In accordance with its duties under the Convention the UK is required to provide
“competent authorities” to identify and help victims of trafficking and prevent and
combat trafficking.
There are two competent authorities:
1. the Home Office which is is the competent authority appointed to deal with potential
victims of trafficking who also have immigration issues (i.e. have no legal basis for
being in the UK);
2. The UK Human Trafficking Centre (UKHTC) which is the competent authority for UK
nationals or European Economic Area (EEA) nationals (except where there is a live
immigration issue).
How potential victims should be identified (2)
The procedure for identification of victims of trafficking in the UK is called the National
Referral Mechanism (“NRM”).
The first stage in the identification process is for a “First Responder” to refer a potential
victim into the NRM. The following are First Responders:
UK Human Trafficking Centre
Statutory bodies Charities / NGOs
1. The National Crime Agency
2. The Police
3. UK Border Force
4. Home Office Immigration and Visas
5. Gangmasters Licensing Authority
6. Local Authorities (usually social
services although technically any
local authority department or worker
could refer to the NRM)
7. Health and Social Care Trusts
(Northern Ireland)
1. Salvation Army
2. Migrant Help
3. Medaille Trust
4. Kalayaan (domestic workers only)
5. Barnardos (children only)
6. Unseen (Southwest)
7. TARA Project (Scotland)
8. NSPCC (children only)
9. BAWSO (Wales)
10.New Pathways (Wales)
11.Refugee Council
How potential victims should be identified –
Reasonable Grounds Decisions (3)
Once a person has been referred into the NRM the Competent Authority is required to make two
separate decisions regarding potential victims of trafficking.
Firstly, the Competent Authority has 5 working days within which to consider whether there are
reasonable grounds to consider that the person is a victim of trafficking. Whilst someone is being
considered as a potential victim of trafficking they cannot be removed from the UK. When making
this decision the Competent Authority should consider whether they suspect but cannot prove that
the person is a victim of trafficking, i.e. whether there are “reasonable grounds” to believe that the
person may be a victim of trafficking. The Competent Authority should make arrangements to
provide the person with temporary accommodation and financial support during this 5 working day
period if required.
If after this working 5 day period the Competent Authority concludes that the person is not a
potential victim of trafficking then they need take no further action, where the Competent Authority
is the Home Office they can then consider the person in accordance with normal immigration
procedures.
If the Competent Authority concludes that the person is a potential victim of trafficking then the
person should be given a 45 day “recovery and reflection period”. If the person is someone who
needs leave to remain in the UK but does not have it then during this period they cannot be
removed from the UK and the person cannot work or claim benefits. All potential victims who
receive positive “reasonable grounds” decisions are entitled to receive accommodation, financial
support, medical services, support services, maintenance and free legal advice.
How potential victims should be identified –
Conclusive Grounds Decisions (4)
By the end of the 45 day reflective period the Competent Authority should make a
Conclusive Decision, i.e. decide whether the person has been trafficked.
In order to make a positive Conclusive Decision the Competent Authority must be
satisfied to “the balance of probabilities” that the person is a victim of trafficking. This is
a much more difficult test to meet than the test at the Reasonable Grounds stage.
Prior to making a Conclusive Decision, the Competent Authority should gather all
available evidence to assist in reaching this decision once they have done this they
may, but do not have to if they have enough evidence to decide that the person is a
victim of trafficking, interview the potential victim to help them decide whether they think
the person is a victim of trafficking.
Where the person has also claimed asylum their asylum claim will also be processed
under the Home Office’s normal asylum procedures.
The 45 day period should be reviewed on day 30 and can be extended if necessary.
Usually it takes much longer than 45 days for this decision to be made.
Immigration Options for Potential Victims and
Victims of Trafficking (1)
Where a potential victim or victim of trafficking requires leave to remain in the UK but is
without leave to remain, then the main options for seeking leave to remain in the UK
are:
1.A claim for asylum;
2.A Human Rights Claim;
3.A request that they are considered for a grant of Discretionary Leave to remain (DL)
as part of their NRM referral – a decision on this should be made at the same time as
the Conclusive Grounds Decision.
For some victims, e.g. EEA nationals or those who have previously had grants of leave
to remain in the UK, there may be other options available to them. The full options
available to a person will depend on their personal circumstances, it is therefore very
important that potential victims and victims of trafficking receive specialist immigration
law advice. Free advice funded by legal aid is available for those who have received
positive reasonable or conclusive grounds decisions and may be available to some
potential victims prior to a referral to the NRM if they can qualify for a type of legal aid
called “Exceptional Funding”.
Asylum Human Rights Claim Discretionary Leave
Common
Grounds
Fear of reprisals
from traffickers
or vulnerability to
retrafficking or
exploitation
Same as asylum plus,
significant obstacles
caused to reintegration
by trafficking,
established life in the
UK or negative effect
on victim’s health or
wellbeing of children.
Due to personal circumstances
(this can include where it is
necessary to assist victims in
their physical, psychological and
social recovery), to pursue a
claim for compensation against
the trafficker or to assist the
police with enquiries in relation
to an investigation concerning
the trafficker
How made In person to
Home Office
Written application to
Home Office
Request to Home Office
following positive Reasonable
Grounds (ideally in writing)
Length of
initial leave
5 years 2 ½ years However long leave required,
e.g. duration of police
investigation, up to 2 ½ years
max
Immigration Options for Potential Victims and
Victims of Trafficking (2)
Asylum Human Rights
Claim
Discretionary Leave
When eligible for
indefinite leave to
remain (ILR)?
5 years 10 years 10 years
Right to be joined by
pre flight spouse or
minor children?
Yes No No
Entitled to a UK travel
document?
Yes Only in limited
circumstances
Only in limited
circumstances
Entitled to benefits and
housing?
Yes Not always Yes
Able to work Yes Yes Yes
Entitled to NHS
treatment
Yes Yes Yes
Entitled to university
student loan and home
fees?
Yes Possibly after 3
years
Possibly after 3 years
Immigration Options for Potential Victims and
Victims of Trafficking (3)
Accommodation and Support Options for
Potential Victims and Victims of Trafficking (1)
Through the NRM Social Services Home Office
Nature Specialist “safe
houses” for potential
victims of trafficking
with support workers
Varies – usually self
contained with shared
facilities for families
and shared for single
people
Varies – usually self contained
with shared facilities for
families and shared for single
people
Eligibility
Criteria
Referred to NRM 1) Support required to
prevent breach of
human rights or EEA
rights, and, 2)
responsible for a child
or in need of care and
attention
1) Is an asylum seeker, 2) is a
failed asylum seeker who
meets one of a number of
specified conditions, or, 3) is on
“temporary admission” and
support required to prevent
breach of human rights
Location Almost always
outside London
Varies – although
highest chance of
“local” accommodation
Usually outside London, very
difficult to obtain London
accommodation but possible if
special need to remain in area.
Accommodation and Support Options for
Potential Victims and Victims of Trafficking (2)
Through the NRM Social Services Home Office
Amount of
Financial
Support
£65.00 per week,
plus £20.50 per
child - cash
Varies – usually
collected from
SS weekly in
cash or via cash
card.
Asylum seekers - £36.95 weekly for
each person in household via cash
card.
Failed asylum seekers -£35.39 weekly
for each person in household via pre
payment card only valid for use is
certain shops e.g. supermarkets.
Weekly extras of £3.00, £5.00 and
£3.00 for pregnant women, those with
babies under 1 and those which
children under 3.
Option for
Financial
Support
only
Yes Yes but difficult
to get
Only for asylum seekers.
Accommodation and Support Options for
Potential Victims and Victims of Trafficking (2)
Through the NRM Social Services Home Office
Provider Charities
contracting with
Salvation Army on
behalf of the Home
Office, e.g. Hestia
Social Services
usually make
arrangements
with private
landlords, B&Bs
and housing
providers.
Housing providers with Home Office
contracts e.g. Clear Springs.
Duration Usually up to 2
weeks after
conclusive grounds
decision whether
positive or negative
Pending
decision on
immigration
application
Pending outcome of asylum claim, for
failed asylum seekers whilst one of the
conditions for support met, or, for
those on temporary admission usually
pending a decision on immigration
application.
Accommodation and Support Options for
Potential Victims and Victims of Trafficking (3)
Exercise – Sofia
Refer back to the “Human Trafficking Indicators, Sofia – Case Study” sheet.
You are now meeting with Sofia for a 2nd
appointment. Sofia has now been referred into the
NRM and has received a positive reasonable grounds decision. She tells you that Julia has
asked her to leave before her baby is born because there is not enough room for them all.
She says she is extremely fearful about where she is going to live and how she is going to
support herself and her baby; she says she thinks her only option is prostitution or returning
to Peter. She says she is also worried about her immigration situation as she has received
a document from the Home Office saying she is on temporary admission and asking her to
report to them in a week’s time.
1)What options for accommodation and support do you think Sofia has now?
2)What immigration options do you think might be available to Sofia?
3)What options for accommodation and support do you think Sofia might have available to
her if she takes the immigration options you have identified?
4)What could you do to try to help Sofia with her accommodation problem?
Immigration Advice
The immigration team at Southwark Law Centre delivers free specialist legal advice and
assistance including outreach, telephone and email advice to frontline advice agencies
and casework including appeals and judicial review.
We do not have the capacity to take on a large number of cases, but we prioritise
complex cases involving children, women who are at risk of violence, and individuals and
families facing destitution and homelessness for reasons relating to immigration status.
We also provide telephone advice to frontline workers from statutory, charity and
voluntary agencies who are working with individuals who have immigration problems; a
duty solicitor is usually available for this Mon-Thurs 10.00 am – 1.00 pm and 2.00 pm –
5.00 pm.
See also:
1.“Immigration and Asylum Advice in Southwark and Lewisham” handout – also contains
lots of helpful information about seeking immigration and asylum advice generally, and
2.Sheet headed “Immigration Advice” and “Immigration Solicitors”;
3.http://www.southwarklawcentre.org.uk/
4.http://atleu.org.uk/ - charity providing specialist legal on trafficking issues.
Further Information
For more information on …
1.how potential victims of trafficking are identified and referred into the NRM see the
Home Office Guidance document “Victims of modern slavery – frontline staff guidance”
available online:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/509326/vic
tims-of-modern-slavery-frontline-staff-guidance-v3.pdf
2.how Competent Authorities assess whether or not a person is a victim of trafficking see
the Home Office Guidance document “Victims of modern slavery – Competent Authority
guidance” available online:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/521763/Vi
ctims_of_modern_slavery_-_Competent_Authority_guidance_v3_0.pdf

More Related Content

Similar to Human trafficking, immigration and accomodation and support options

On Human Trafficking, Migration, and Sex Work
On Human Trafficking, Migration, and Sex WorkOn Human Trafficking, Migration, and Sex Work
On Human Trafficking, Migration, and Sex Workimmigrantdoll
 
Human trafficking.docx
Human trafficking.docxHuman trafficking.docx
Human trafficking.docxJOELALANO5
 
Human trafficking V2
Human trafficking V2Human trafficking V2
Human trafficking V2Cree Stetler
 
What is trafficking in persons (english1)
What is trafficking in persons (english1)What is trafficking in persons (english1)
What is trafficking in persons (english1)Ghetnet Metiku
 
Governments Enact Laws Governing Refugee And Asylum...
Governments Enact Laws Governing Refugee And Asylum...Governments Enact Laws Governing Refugee And Asylum...
Governments Enact Laws Governing Refugee And Asylum...Nicole Wells
 
Justice Is The End Of Government Essay
Justice Is The End Of Government EssayJustice Is The End Of Government Essay
Justice Is The End Of Government EssayLisa Stephens
 
Human trafficking
Human traffickingHuman trafficking
Human traffickingian amper
 
2019 Ambassador Leaders Community Action Plan - Stop Taking Our People
2019 Ambassador Leaders Community Action Plan - Stop Taking Our People2019 Ambassador Leaders Community Action Plan - Stop Taking Our People
2019 Ambassador Leaders Community Action Plan - Stop Taking Our PeopleAmbassador Leaders
 
Biometric identifiers for refugees
Biometric identifiers for refugeesBiometric identifiers for refugees
Biometric identifiers for refugeesEmilio Mordini
 
Stop Traffic: The Fight to Abolish Slavery Once Again
Stop Traffic: The Fight to Abolish Slavery Once AgainStop Traffic: The Fight to Abolish Slavery Once Again
Stop Traffic: The Fight to Abolish Slavery Once AgainCommunicationsTeam
 
Human Trafficking As An International Trade
Human Trafficking As An International TradeHuman Trafficking As An International Trade
Human Trafficking As An International Tradetranceking
 
Human Trafficking and homelessness
Human Trafficking and homelessness Human Trafficking and homelessness
Human Trafficking and homelessness lnnmhomeless
 

Similar to Human trafficking, immigration and accomodation and support options (20)

On Human Trafficking, Migration, and Sex Work
On Human Trafficking, Migration, and Sex WorkOn Human Trafficking, Migration, and Sex Work
On Human Trafficking, Migration, and Sex Work
 
Law enforcement
Law enforcementLaw enforcement
Law enforcement
 
Law enforcement
Law enforcementLaw enforcement
Law enforcement
 
Human trafficking.docx
Human trafficking.docxHuman trafficking.docx
Human trafficking.docx
 
Human trafficking
Human traffickingHuman trafficking
Human trafficking
 
Human trafficking V2
Human trafficking V2Human trafficking V2
Human trafficking V2
 
What is trafficking in persons (english1)
What is trafficking in persons (english1)What is trafficking in persons (english1)
What is trafficking in persons (english1)
 
SLAVERY TO CIA EQUALS HUMAN TRAFFIC
SLAVERY TO CIA EQUALS HUMAN TRAFFICSLAVERY TO CIA EQUALS HUMAN TRAFFIC
SLAVERY TO CIA EQUALS HUMAN TRAFFIC
 
Governments Enact Laws Governing Refugee And Asylum...
Governments Enact Laws Governing Refugee And Asylum...Governments Enact Laws Governing Refugee And Asylum...
Governments Enact Laws Governing Refugee And Asylum...
 
TIP LECTURE.pptx
TIP LECTURE.pptxTIP LECTURE.pptx
TIP LECTURE.pptx
 
Justice Is The End Of Government Essay
Justice Is The End Of Government EssayJustice Is The End Of Government Essay
Justice Is The End Of Government Essay
 
Human trafficking
Human traffickingHuman trafficking
Human trafficking
 
Citizenship & Advocacy
Citizenship & AdvocacyCitizenship & Advocacy
Citizenship & Advocacy
 
Research Paper On Human Trafficking
Research Paper On Human TraffickingResearch Paper On Human Trafficking
Research Paper On Human Trafficking
 
6 sml TRafficked
6 sml TRafficked6 sml TRafficked
6 sml TRafficked
 
2019 Ambassador Leaders Community Action Plan - Stop Taking Our People
2019 Ambassador Leaders Community Action Plan - Stop Taking Our People2019 Ambassador Leaders Community Action Plan - Stop Taking Our People
2019 Ambassador Leaders Community Action Plan - Stop Taking Our People
 
Biometric identifiers for refugees
Biometric identifiers for refugeesBiometric identifiers for refugees
Biometric identifiers for refugees
 
Stop Traffic: The Fight to Abolish Slavery Once Again
Stop Traffic: The Fight to Abolish Slavery Once AgainStop Traffic: The Fight to Abolish Slavery Once Again
Stop Traffic: The Fight to Abolish Slavery Once Again
 
Human Trafficking As An International Trade
Human Trafficking As An International TradeHuman Trafficking As An International Trade
Human Trafficking As An International Trade
 
Human Trafficking and homelessness
Human Trafficking and homelessness Human Trafficking and homelessness
Human Trafficking and homelessness
 

More from lnnmhomeless

Complex Needs and Homelessness Presentation
Complex Needs and Homelessness PresentationComplex Needs and Homelessness Presentation
Complex Needs and Homelessness Presentationlnnmhomeless
 
Local Authority support for NRPF migrants
Local Authority support for NRPF migrants Local Authority support for NRPF migrants
Local Authority support for NRPF migrants lnnmhomeless
 
Partnership working and sexual health
Partnership working and sexual health Partnership working and sexual health
Partnership working and sexual health lnnmhomeless
 
Homeless Podiatry Feet on the Street
Homeless Podiatry Feet on the StreetHomeless Podiatry Feet on the Street
Homeless Podiatry Feet on the Streetlnnmhomeless
 
Mental Health Interventions and Rough Sleepers "Saving Lives"
Mental Health Interventions and Rough Sleepers "Saving Lives"Mental Health Interventions and Rough Sleepers "Saving Lives"
Mental Health Interventions and Rough Sleepers "Saving Lives"lnnmhomeless
 
Sexual and Reproductive Health and Homelessness CDAT
Sexual and Reproductive Health and Homelessness CDATSexual and Reproductive Health and Homelessness CDAT
Sexual and Reproductive Health and Homelessness CDATlnnmhomeless
 
PAUSE Creating Space for Change
PAUSE Creating Space for Change PAUSE Creating Space for Change
PAUSE Creating Space for Change lnnmhomeless
 
Respiratory Health and Homelessness,
Respiratory Health and Homelessness, Respiratory Health and Homelessness,
Respiratory Health and Homelessness, lnnmhomeless
 
Sepsis the Hidden Killer
Sepsis the Hidden KillerSepsis the Hidden Killer
Sepsis the Hidden Killerlnnmhomeless
 
Female entrenched rough sleeper project Dagnija O Connell JHT
Female entrenched rough sleeper project Dagnija O Connell JHTFemale entrenched rough sleeper project Dagnija O Connell JHT
Female entrenched rough sleeper project Dagnija O Connell JHTlnnmhomeless
 
Gerry Dickson Groundswell
Gerry Dickson GroundswellGerry Dickson Groundswell
Gerry Dickson Groundswelllnnmhomeless
 
Midwifery 101 by Corrine Clarkson and Morag Forbes
Midwifery 101 by Corrine Clarkson and Morag Forbes Midwifery 101 by Corrine Clarkson and Morag Forbes
Midwifery 101 by Corrine Clarkson and Morag Forbes lnnmhomeless
 
Parents and Communities Together
Parents and Communities TogetherParents and Communities Together
Parents and Communities Togetherlnnmhomeless
 
Safeguarding adults care act 2014 homeless pathway
Safeguarding adults care act 2014  homeless pathwaySafeguarding adults care act 2014  homeless pathway
Safeguarding adults care act 2014 homeless pathwaylnnmhomeless
 
Care act presentation for LNNM
Care act presentation for LNNMCare act presentation for LNNM
Care act presentation for LNNMlnnmhomeless
 
Find and Treat TB
Find and Treat TB Find and Treat TB
Find and Treat TB lnnmhomeless
 
Pregnancy and Homelessness
Pregnancy and HomelessnessPregnancy and Homelessness
Pregnancy and Homelessnesslnnmhomeless
 
From Symptoms to People; Personality Disorder and Homelessness
From Symptoms to People; Personality Disorder and HomelessnessFrom Symptoms to People; Personality Disorder and Homelessness
From Symptoms to People; Personality Disorder and Homelessnesslnnmhomeless
 
Homeless Prevention Initiative - Joint Homeless Team
Homeless Prevention Initiative - Joint Homeless TeamHomeless Prevention Initiative - Joint Homeless Team
Homeless Prevention Initiative - Joint Homeless Teamlnnmhomeless
 

More from lnnmhomeless (20)

Wound Care
Wound Care Wound Care
Wound Care
 
Complex Needs and Homelessness Presentation
Complex Needs and Homelessness PresentationComplex Needs and Homelessness Presentation
Complex Needs and Homelessness Presentation
 
Local Authority support for NRPF migrants
Local Authority support for NRPF migrants Local Authority support for NRPF migrants
Local Authority support for NRPF migrants
 
Partnership working and sexual health
Partnership working and sexual health Partnership working and sexual health
Partnership working and sexual health
 
Homeless Podiatry Feet on the Street
Homeless Podiatry Feet on the StreetHomeless Podiatry Feet on the Street
Homeless Podiatry Feet on the Street
 
Mental Health Interventions and Rough Sleepers "Saving Lives"
Mental Health Interventions and Rough Sleepers "Saving Lives"Mental Health Interventions and Rough Sleepers "Saving Lives"
Mental Health Interventions and Rough Sleepers "Saving Lives"
 
Sexual and Reproductive Health and Homelessness CDAT
Sexual and Reproductive Health and Homelessness CDATSexual and Reproductive Health and Homelessness CDAT
Sexual and Reproductive Health and Homelessness CDAT
 
PAUSE Creating Space for Change
PAUSE Creating Space for Change PAUSE Creating Space for Change
PAUSE Creating Space for Change
 
Respiratory Health and Homelessness,
Respiratory Health and Homelessness, Respiratory Health and Homelessness,
Respiratory Health and Homelessness,
 
Sepsis the Hidden Killer
Sepsis the Hidden KillerSepsis the Hidden Killer
Sepsis the Hidden Killer
 
Female entrenched rough sleeper project Dagnija O Connell JHT
Female entrenched rough sleeper project Dagnija O Connell JHTFemale entrenched rough sleeper project Dagnija O Connell JHT
Female entrenched rough sleeper project Dagnija O Connell JHT
 
Gerry Dickson Groundswell
Gerry Dickson GroundswellGerry Dickson Groundswell
Gerry Dickson Groundswell
 
Midwifery 101 by Corrine Clarkson and Morag Forbes
Midwifery 101 by Corrine Clarkson and Morag Forbes Midwifery 101 by Corrine Clarkson and Morag Forbes
Midwifery 101 by Corrine Clarkson and Morag Forbes
 
Parents and Communities Together
Parents and Communities TogetherParents and Communities Together
Parents and Communities Together
 
Safeguarding adults care act 2014 homeless pathway
Safeguarding adults care act 2014  homeless pathwaySafeguarding adults care act 2014  homeless pathway
Safeguarding adults care act 2014 homeless pathway
 
Care act presentation for LNNM
Care act presentation for LNNMCare act presentation for LNNM
Care act presentation for LNNM
 
Find and Treat TB
Find and Treat TB Find and Treat TB
Find and Treat TB
 
Pregnancy and Homelessness
Pregnancy and HomelessnessPregnancy and Homelessness
Pregnancy and Homelessness
 
From Symptoms to People; Personality Disorder and Homelessness
From Symptoms to People; Personality Disorder and HomelessnessFrom Symptoms to People; Personality Disorder and Homelessness
From Symptoms to People; Personality Disorder and Homelessness
 
Homeless Prevention Initiative - Joint Homeless Team
Homeless Prevention Initiative - Joint Homeless TeamHomeless Prevention Initiative - Joint Homeless Team
Homeless Prevention Initiative - Joint Homeless Team
 

Recently uploaded

ayurvedic formulations herbal drug technologyppt
ayurvedic formulations herbal drug technologypptayurvedic formulations herbal drug technologyppt
ayurvedic formulations herbal drug technologypptPradnya Wadekar
 
pA2 value, Schild plot and pD2 values- applications in pharmacology
pA2 value, Schild plot and pD2 values- applications in pharmacologypA2 value, Schild plot and pD2 values- applications in pharmacology
pA2 value, Schild plot and pD2 values- applications in pharmacologyDeepakDaniel9
 
SGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdf
SGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdfSGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdf
SGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdfHongBiThi1
 
SGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA .pdf
SGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA    .pdfSGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA    .pdf
SGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA .pdfHongBiThi1
 
historyofpsychiatryinindia. Senthil Thirusangu
historyofpsychiatryinindia. Senthil Thirusanguhistoryofpsychiatryinindia. Senthil Thirusangu
historyofpsychiatryinindia. Senthil Thirusangu Medical University
 
Breast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptx
Breast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptxBreast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptx
Breast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptxNaveenkumar267201
 
How to cure cirrhosis and chronic hepatitis naturally
How to cure cirrhosis and chronic hepatitis naturallyHow to cure cirrhosis and chronic hepatitis naturally
How to cure cirrhosis and chronic hepatitis naturallyZurück zum Ursprung
 
MedMatch: Your Health, Our Mission. Pitch deck.
MedMatch: Your Health, Our Mission. Pitch deck.MedMatch: Your Health, Our Mission. Pitch deck.
MedMatch: Your Health, Our Mission. Pitch deck.whalesdesign
 
BENIGN BREAST DISEASE
BENIGN BREAST DISEASE BENIGN BREAST DISEASE
BENIGN BREAST DISEASE Mamatha Lakka
 
Red Blood Cells_anemia & polycythemia.pdf
Red Blood Cells_anemia & polycythemia.pdfRed Blood Cells_anemia & polycythemia.pdf
Red Blood Cells_anemia & polycythemia.pdfMedicoseAcademics
 
Unit I herbs as raw materials, biodynamic agriculture.ppt
Unit I herbs as raw materials, biodynamic agriculture.pptUnit I herbs as raw materials, biodynamic agriculture.ppt
Unit I herbs as raw materials, biodynamic agriculture.pptPradnya Wadekar
 
SGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdf
SGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdfSGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdf
SGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdfHongBiThi1
 
PAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdf
PAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdfPAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdf
PAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdfDolisha Warbi
 
Physiology of Smooth Muscles -Mechanics of contraction and relaxation
Physiology of Smooth Muscles -Mechanics of contraction and relaxationPhysiology of Smooth Muscles -Mechanics of contraction and relaxation
Physiology of Smooth Muscles -Mechanics of contraction and relaxationMedicoseAcademics
 
Female Reproductive Physiology Before Pregnancy
Female Reproductive Physiology Before PregnancyFemale Reproductive Physiology Before Pregnancy
Female Reproductive Physiology Before PregnancyMedicoseAcademics
 
Different drug regularity bodies in different countries.
Different drug regularity bodies in different countries.Different drug regularity bodies in different countries.
Different drug regularity bodies in different countries.kishan singh tomar
 
Mental health Team. Dr Senthil Thirusangu
Mental health Team. Dr Senthil ThirusanguMental health Team. Dr Senthil Thirusangu
Mental health Team. Dr Senthil Thirusangu Medical University
 
Basic structure of hair and hair growth cycle.pptx
Basic structure of hair and hair growth cycle.pptxBasic structure of hair and hair growth cycle.pptx
Basic structure of hair and hair growth cycle.pptxkomalt2001
 
ORAL HYPOGLYCAEMIC AGENTS - PART 2.pptx
ORAL HYPOGLYCAEMIC AGENTS  - PART 2.pptxORAL HYPOGLYCAEMIC AGENTS  - PART 2.pptx
ORAL HYPOGLYCAEMIC AGENTS - PART 2.pptxNIKITA BHUTE
 
Clinical Research Informatics Year-in-Review 2024
Clinical Research Informatics Year-in-Review 2024Clinical Research Informatics Year-in-Review 2024
Clinical Research Informatics Year-in-Review 2024Peter Embi
 

Recently uploaded (20)

ayurvedic formulations herbal drug technologyppt
ayurvedic formulations herbal drug technologypptayurvedic formulations herbal drug technologyppt
ayurvedic formulations herbal drug technologyppt
 
pA2 value, Schild plot and pD2 values- applications in pharmacology
pA2 value, Schild plot and pD2 values- applications in pharmacologypA2 value, Schild plot and pD2 values- applications in pharmacology
pA2 value, Schild plot and pD2 values- applications in pharmacology
 
SGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdf
SGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdfSGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdf
SGK RỐI LOẠN TOAN KIỀM ĐHYHN RẤT HAY VÀ ĐẶC SẮC.pdf
 
SGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA .pdf
SGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA    .pdfSGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA    .pdf
SGK NGẠT NƯỚC ĐHYHN RẤT LÀ HAY NHA .pdf
 
historyofpsychiatryinindia. Senthil Thirusangu
historyofpsychiatryinindia. Senthil Thirusanguhistoryofpsychiatryinindia. Senthil Thirusangu
historyofpsychiatryinindia. Senthil Thirusangu
 
Breast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptx
Breast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptxBreast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptx
Breast cancer -ONCO IN MEDICAL AND SURGICAL NURSING.pptx
 
How to cure cirrhosis and chronic hepatitis naturally
How to cure cirrhosis and chronic hepatitis naturallyHow to cure cirrhosis and chronic hepatitis naturally
How to cure cirrhosis and chronic hepatitis naturally
 
MedMatch: Your Health, Our Mission. Pitch deck.
MedMatch: Your Health, Our Mission. Pitch deck.MedMatch: Your Health, Our Mission. Pitch deck.
MedMatch: Your Health, Our Mission. Pitch deck.
 
BENIGN BREAST DISEASE
BENIGN BREAST DISEASE BENIGN BREAST DISEASE
BENIGN BREAST DISEASE
 
Red Blood Cells_anemia & polycythemia.pdf
Red Blood Cells_anemia & polycythemia.pdfRed Blood Cells_anemia & polycythemia.pdf
Red Blood Cells_anemia & polycythemia.pdf
 
Unit I herbs as raw materials, biodynamic agriculture.ppt
Unit I herbs as raw materials, biodynamic agriculture.pptUnit I herbs as raw materials, biodynamic agriculture.ppt
Unit I herbs as raw materials, biodynamic agriculture.ppt
 
SGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdf
SGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdfSGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdf
SGK LEUKEMIA KINH DÒNG BẠCH CÂU HẠT HAY.pdf
 
PAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdf
PAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdfPAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdf
PAIN/CLASSIFICATION AND MANAGEMENT OF PAIN.pdf
 
Physiology of Smooth Muscles -Mechanics of contraction and relaxation
Physiology of Smooth Muscles -Mechanics of contraction and relaxationPhysiology of Smooth Muscles -Mechanics of contraction and relaxation
Physiology of Smooth Muscles -Mechanics of contraction and relaxation
 
Female Reproductive Physiology Before Pregnancy
Female Reproductive Physiology Before PregnancyFemale Reproductive Physiology Before Pregnancy
Female Reproductive Physiology Before Pregnancy
 
Different drug regularity bodies in different countries.
Different drug regularity bodies in different countries.Different drug regularity bodies in different countries.
Different drug regularity bodies in different countries.
 
Mental health Team. Dr Senthil Thirusangu
Mental health Team. Dr Senthil ThirusanguMental health Team. Dr Senthil Thirusangu
Mental health Team. Dr Senthil Thirusangu
 
Basic structure of hair and hair growth cycle.pptx
Basic structure of hair and hair growth cycle.pptxBasic structure of hair and hair growth cycle.pptx
Basic structure of hair and hair growth cycle.pptx
 
ORAL HYPOGLYCAEMIC AGENTS - PART 2.pptx
ORAL HYPOGLYCAEMIC AGENTS  - PART 2.pptxORAL HYPOGLYCAEMIC AGENTS  - PART 2.pptx
ORAL HYPOGLYCAEMIC AGENTS - PART 2.pptx
 
Clinical Research Informatics Year-in-Review 2024
Clinical Research Informatics Year-in-Review 2024Clinical Research Informatics Year-in-Review 2024
Clinical Research Informatics Year-in-Review 2024
 

Human trafficking, immigration and accomodation and support options

  • 1. Introduction to Human Trafficking – what it is, immigration, accommodation and support and options for potential victims and victims Kay Foxall, Immigration & Asylum Solicitor 25 April 2017
  • 2. Outline of Workshop This session will cover: 1.What is human trafficking; 2.Indicators that a person may be a victim of human trafficking; 3.How the authorities should identify potential victims of human trafficking; 4.Options for potential victims and victims of human trafficking in relation to: a. Immigration matters; b. Accommodation; and c. Financial support
  • 3. What is human trafficking (1) In simple terms Human trafficking can be understood as at least one person procuring the movement of at least one other person in order to exploit them. Legal definition. With adults, in order to meet the legal definition of a “victim of trafficking” a combination of components must be present: 1)an action, as a result of, 2)a means, which are done for, 3)3) the purpose of exploitation. With children only two of the above components just be present: 1)an action, done for, 2)the purpose of exploitation.
  • 4. What is human trafficking (2) Actions One of the following acts must have occurred: 1.Recruitment – by any means including in person, by phone, through the press or via the internet; 2.Transportation – this does not need to be international or illegal; 3.Transfer – exchanging control over persons; 4.Harbouring – hide, detain, keep etc another person; or 5.Receipt of persons. These terms are not defined in law - the definitions given above are examples only. Exercise Which of the following could be “an act”? Which act? 1.A is invited by B to travel abroad with B’s friend; 2.A is invited by B to travel with B to another town within A’s country; 3.A person is offered work in a restaurant in their home town; 4.A parent travels with their child to another country; 5.A travels to another country to live with their spouse, once there A is met by a relative of the spouse who takes A to their house.
  • 5. What is human trafficking (3) The Means One or more of the acts must have occurred as a result of one of the following means being used in order to achieve the consent of the trafficker having control over the victim: 1.the threat or use of force; 2.Abduction; 3.Fraud; 4.Deception; 5.Coercion; 6.the abuse of power or of a position of vulnerability; or 7.the giving or receiving of payments or benefits. Exercise Which of the following could be a form of “means”? Which means? 1.A’s traditional family (who believe in arranged marriages) tell A that she is to marry B; 2.B tells A that A will be working in tourism when that is not the case; 3.A is threatened by a local man, she has heard that B can help people leave the country and contacts B to ask for help to travel abroad; 4.A is from a poor family and has no qualifications, B tells A that although B will be arranging for A to work in prostitution it is the only way they will be able to support their family.
  • 6. What is human trafficking (4) Exploitation Finally the act and means must have occurred for the purpose of exploitation. Types of exploitation include: 1.unlawfully obtaining a financial or other material benefit from the prostitution of another person, 2.sexual exploitation, 3.forced labour or services, 4.slavery or practices similar to slavery, 5.servitude, 6.forced criminality, 7.organ harvesting, Question Can you think of any examples of practices or treatment that could fall within one of the above types of exploitation?
  • 7. Indicators of Human Trafficking (1) Victims of trafficking may present in numerous different situations, may exhibit various different behaviours and may disclose many different experiences all of which could be indicators that they are a potential victim. Misperceptions of who is likely to be a victim, how victims should behave and where they come from can all hinder victim identification. Common myths about victims •They do not take opportunities to escape and therefore there was no coercion. •If they say they have a better life than previously, then they have not been trafficked. •They are not victims when they reject help. These myths and false perceptions do not consider that victims may have legitimate reasons for choosing not to escape or to reject assistance (e.g., fear of reprisals, vulnerability, lack of knowledge of the environment). Even if their life in their country of origin might have been worse than their trafficking experience, that still does not mean that they have not been trafficked. For a full list of indicators of human trafficking see the “Human Trafficking Indicators” list published by the United Nations Office on Drugs and Crime https://www.unodc.org/pdf/HT_indicators_E_LOWRES.pdf
  • 8. Indicators of Human Trafficking (2) Case Study Exercise Read the separate sheet “Human Trafficking Indicators, Sofia – Case Study”. Split into groups and using the separate sheet headed “Human Trafficking Indicators” which is published by the United Nations Office on Drugs and Crime (also available online https://www.unodc.org/pdf/HT_indicators_E_LOWRES.pdf) write a list of any Human Trafficking Indicators you can see in Sofia’s case. If there is anything in Sofia’s case which makes you think she might not be a victim of trafficking then write these down too.
  • 9. How potential victims should be identified (1) The UK has signed up to an international agreement called the Council of Europe Convention on Action Against Trafficking in Human Beings (“the Convention”) on 17 December 2008. The Convention aims to prevent and combat trafficking and provide protection for victims of trafficking and to safeguard their rights. The Convention was brought into UK law on 1 April 2009. In accordance with its duties under the Convention the UK is required to provide “competent authorities” to identify and help victims of trafficking and prevent and combat trafficking. There are two competent authorities: 1. the Home Office which is is the competent authority appointed to deal with potential victims of trafficking who also have immigration issues (i.e. have no legal basis for being in the UK); 2. The UK Human Trafficking Centre (UKHTC) which is the competent authority for UK nationals or European Economic Area (EEA) nationals (except where there is a live immigration issue).
  • 10. How potential victims should be identified (2) The procedure for identification of victims of trafficking in the UK is called the National Referral Mechanism (“NRM”). The first stage in the identification process is for a “First Responder” to refer a potential victim into the NRM. The following are First Responders: UK Human Trafficking Centre Statutory bodies Charities / NGOs 1. The National Crime Agency 2. The Police 3. UK Border Force 4. Home Office Immigration and Visas 5. Gangmasters Licensing Authority 6. Local Authorities (usually social services although technically any local authority department or worker could refer to the NRM) 7. Health and Social Care Trusts (Northern Ireland) 1. Salvation Army 2. Migrant Help 3. Medaille Trust 4. Kalayaan (domestic workers only) 5. Barnardos (children only) 6. Unseen (Southwest) 7. TARA Project (Scotland) 8. NSPCC (children only) 9. BAWSO (Wales) 10.New Pathways (Wales) 11.Refugee Council
  • 11. How potential victims should be identified – Reasonable Grounds Decisions (3) Once a person has been referred into the NRM the Competent Authority is required to make two separate decisions regarding potential victims of trafficking. Firstly, the Competent Authority has 5 working days within which to consider whether there are reasonable grounds to consider that the person is a victim of trafficking. Whilst someone is being considered as a potential victim of trafficking they cannot be removed from the UK. When making this decision the Competent Authority should consider whether they suspect but cannot prove that the person is a victim of trafficking, i.e. whether there are “reasonable grounds” to believe that the person may be a victim of trafficking. The Competent Authority should make arrangements to provide the person with temporary accommodation and financial support during this 5 working day period if required. If after this working 5 day period the Competent Authority concludes that the person is not a potential victim of trafficking then they need take no further action, where the Competent Authority is the Home Office they can then consider the person in accordance with normal immigration procedures. If the Competent Authority concludes that the person is a potential victim of trafficking then the person should be given a 45 day “recovery and reflection period”. If the person is someone who needs leave to remain in the UK but does not have it then during this period they cannot be removed from the UK and the person cannot work or claim benefits. All potential victims who receive positive “reasonable grounds” decisions are entitled to receive accommodation, financial support, medical services, support services, maintenance and free legal advice.
  • 12. How potential victims should be identified – Conclusive Grounds Decisions (4) By the end of the 45 day reflective period the Competent Authority should make a Conclusive Decision, i.e. decide whether the person has been trafficked. In order to make a positive Conclusive Decision the Competent Authority must be satisfied to “the balance of probabilities” that the person is a victim of trafficking. This is a much more difficult test to meet than the test at the Reasonable Grounds stage. Prior to making a Conclusive Decision, the Competent Authority should gather all available evidence to assist in reaching this decision once they have done this they may, but do not have to if they have enough evidence to decide that the person is a victim of trafficking, interview the potential victim to help them decide whether they think the person is a victim of trafficking. Where the person has also claimed asylum their asylum claim will also be processed under the Home Office’s normal asylum procedures. The 45 day period should be reviewed on day 30 and can be extended if necessary. Usually it takes much longer than 45 days for this decision to be made.
  • 13. Immigration Options for Potential Victims and Victims of Trafficking (1) Where a potential victim or victim of trafficking requires leave to remain in the UK but is without leave to remain, then the main options for seeking leave to remain in the UK are: 1.A claim for asylum; 2.A Human Rights Claim; 3.A request that they are considered for a grant of Discretionary Leave to remain (DL) as part of their NRM referral – a decision on this should be made at the same time as the Conclusive Grounds Decision. For some victims, e.g. EEA nationals or those who have previously had grants of leave to remain in the UK, there may be other options available to them. The full options available to a person will depend on their personal circumstances, it is therefore very important that potential victims and victims of trafficking receive specialist immigration law advice. Free advice funded by legal aid is available for those who have received positive reasonable or conclusive grounds decisions and may be available to some potential victims prior to a referral to the NRM if they can qualify for a type of legal aid called “Exceptional Funding”.
  • 14. Asylum Human Rights Claim Discretionary Leave Common Grounds Fear of reprisals from traffickers or vulnerability to retrafficking or exploitation Same as asylum plus, significant obstacles caused to reintegration by trafficking, established life in the UK or negative effect on victim’s health or wellbeing of children. Due to personal circumstances (this can include where it is necessary to assist victims in their physical, psychological and social recovery), to pursue a claim for compensation against the trafficker or to assist the police with enquiries in relation to an investigation concerning the trafficker How made In person to Home Office Written application to Home Office Request to Home Office following positive Reasonable Grounds (ideally in writing) Length of initial leave 5 years 2 ½ years However long leave required, e.g. duration of police investigation, up to 2 ½ years max Immigration Options for Potential Victims and Victims of Trafficking (2)
  • 15. Asylum Human Rights Claim Discretionary Leave When eligible for indefinite leave to remain (ILR)? 5 years 10 years 10 years Right to be joined by pre flight spouse or minor children? Yes No No Entitled to a UK travel document? Yes Only in limited circumstances Only in limited circumstances Entitled to benefits and housing? Yes Not always Yes Able to work Yes Yes Yes Entitled to NHS treatment Yes Yes Yes Entitled to university student loan and home fees? Yes Possibly after 3 years Possibly after 3 years Immigration Options for Potential Victims and Victims of Trafficking (3)
  • 16. Accommodation and Support Options for Potential Victims and Victims of Trafficking (1) Through the NRM Social Services Home Office Nature Specialist “safe houses” for potential victims of trafficking with support workers Varies – usually self contained with shared facilities for families and shared for single people Varies – usually self contained with shared facilities for families and shared for single people Eligibility Criteria Referred to NRM 1) Support required to prevent breach of human rights or EEA rights, and, 2) responsible for a child or in need of care and attention 1) Is an asylum seeker, 2) is a failed asylum seeker who meets one of a number of specified conditions, or, 3) is on “temporary admission” and support required to prevent breach of human rights Location Almost always outside London Varies – although highest chance of “local” accommodation Usually outside London, very difficult to obtain London accommodation but possible if special need to remain in area.
  • 17. Accommodation and Support Options for Potential Victims and Victims of Trafficking (2) Through the NRM Social Services Home Office Amount of Financial Support £65.00 per week, plus £20.50 per child - cash Varies – usually collected from SS weekly in cash or via cash card. Asylum seekers - £36.95 weekly for each person in household via cash card. Failed asylum seekers -£35.39 weekly for each person in household via pre payment card only valid for use is certain shops e.g. supermarkets. Weekly extras of £3.00, £5.00 and £3.00 for pregnant women, those with babies under 1 and those which children under 3. Option for Financial Support only Yes Yes but difficult to get Only for asylum seekers.
  • 18. Accommodation and Support Options for Potential Victims and Victims of Trafficking (2) Through the NRM Social Services Home Office Provider Charities contracting with Salvation Army on behalf of the Home Office, e.g. Hestia Social Services usually make arrangements with private landlords, B&Bs and housing providers. Housing providers with Home Office contracts e.g. Clear Springs. Duration Usually up to 2 weeks after conclusive grounds decision whether positive or negative Pending decision on immigration application Pending outcome of asylum claim, for failed asylum seekers whilst one of the conditions for support met, or, for those on temporary admission usually pending a decision on immigration application.
  • 19. Accommodation and Support Options for Potential Victims and Victims of Trafficking (3) Exercise – Sofia Refer back to the “Human Trafficking Indicators, Sofia – Case Study” sheet. You are now meeting with Sofia for a 2nd appointment. Sofia has now been referred into the NRM and has received a positive reasonable grounds decision. She tells you that Julia has asked her to leave before her baby is born because there is not enough room for them all. She says she is extremely fearful about where she is going to live and how she is going to support herself and her baby; she says she thinks her only option is prostitution or returning to Peter. She says she is also worried about her immigration situation as she has received a document from the Home Office saying she is on temporary admission and asking her to report to them in a week’s time. 1)What options for accommodation and support do you think Sofia has now? 2)What immigration options do you think might be available to Sofia? 3)What options for accommodation and support do you think Sofia might have available to her if she takes the immigration options you have identified? 4)What could you do to try to help Sofia with her accommodation problem?
  • 20. Immigration Advice The immigration team at Southwark Law Centre delivers free specialist legal advice and assistance including outreach, telephone and email advice to frontline advice agencies and casework including appeals and judicial review. We do not have the capacity to take on a large number of cases, but we prioritise complex cases involving children, women who are at risk of violence, and individuals and families facing destitution and homelessness for reasons relating to immigration status. We also provide telephone advice to frontline workers from statutory, charity and voluntary agencies who are working with individuals who have immigration problems; a duty solicitor is usually available for this Mon-Thurs 10.00 am – 1.00 pm and 2.00 pm – 5.00 pm. See also: 1.“Immigration and Asylum Advice in Southwark and Lewisham” handout – also contains lots of helpful information about seeking immigration and asylum advice generally, and 2.Sheet headed “Immigration Advice” and “Immigration Solicitors”; 3.http://www.southwarklawcentre.org.uk/ 4.http://atleu.org.uk/ - charity providing specialist legal on trafficking issues.
  • 21. Further Information For more information on … 1.how potential victims of trafficking are identified and referred into the NRM see the Home Office Guidance document “Victims of modern slavery – frontline staff guidance” available online: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/509326/vic tims-of-modern-slavery-frontline-staff-guidance-v3.pdf 2.how Competent Authorities assess whether or not a person is a victim of trafficking see the Home Office Guidance document “Victims of modern slavery – Competent Authority guidance” available online: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/521763/Vi ctims_of_modern_slavery_-_Competent_Authority_guidance_v3_0.pdf