Successful challenge to the Home Office’s ‘Re-entry’ into trafficking support procedure

[2024] EWHC 935 (Admin)

The Home Secretary has agreed to amend the process by which victims of trafficking can re-enter specialist trafficking support provided under the Modern Slavery Victim Care Contract, after a judicial review brought by ATLEU.

The Modern Slavery Statutory guidance did not provide for an assessment of risk or needs to be undertaken prior to a decision on re-entry being made. We represented EXC challenging the lawfulness of this procedure because of the grave risks of re-trafficking and destitution that survivors face as a result of this absence.

Our client argued that the decision to exit him from the NRM was unlawful and the failure to conduct a lawful assessment of risks and needs in advance of a decision on whether to grant re-entry into specialist trafficking support was contrary to Article 4 ECHR, and irrational on public law grounds.

The judicial review included an application for interim relief for financial support to be awarded pending the final hearing. In a judgment handed down on 30 April 2024, Mr David Lock KC granted permission and interim relief.

The judge noted the importance of a lawful assessment being undertaken prior to a decision on exit being made.

In response to EXC’s claim for judicial review, in January the Secretary of State for Home Department agreed to amend the guidance in respect of process for re-entry into trafficking support so that it provides the following:

The re-entry support assessment will gather information on the individual’s ongoing risks and needs and the current support they have in place.

The Single Competent Authority will assess the risks and needs and current support, as identified in the re-entry support assessment, in its re-entry decision.

The re-entry decision will include the Single Competent Authority’s reasons for the decision with reference to the risk and needs identified and current support in place. The Home Office will notify the individual of the re-entry decision and the reasons for that decision.

Damages were also agreed in recognition of the mental distress EXC experienced.

Prior to issuing the claim EXC had been refused re-entry on three separate occasions. The challenge was important to the client, not only because they required trafficking support, but also because they wished to ensure other survivors at risk of re-trafficking were able to secure re-entry into the NRM. We are thankful to EXC for pursuing this challenge, which took a huge toll on his mental health.

We are also very grateful to the South London Refugee Association who have continued to support EXC during these proceedings and to Detention Action, Gatwick Detainees Welfare Group and Medical Justice, who provided relevant evidence demonstrating the serious implications that may arise when a survivor is exited from trafficking support as a result being detained and subsequently released without support in place.

Hannah Khalifah of ATLEU acted for EXC with Marisa Cohen and Catherine Meredith of Doughty Street Chambers, and Chris Buttler KC of Matrix Chambers.