Modern Slavery
Scope of this chapter
This chapter provides information about modern slavery, including the National Referral Mechanism (NRM).
This chapter includes information either taken directly or adapted from the Home Office guidance Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015).
This chapter contains public sector information licensed under the Open Government License v.3.0.
Amendment
In August 2024 this replacement chapter was added to the Safeguarding Adults Practice Guidance section.
Modern slavery is a serious yet often hidden crime that violates human rights.
Modern slavery is a term that encompasses:
- Human trafficking; and
- Slavery, servitude and forced or compulsory labour.
An adult may not be the victim of human trafficking but still be a victim of modern slavery if they have been subject to slavery, servitude and forced or compulsory labour.
Article 4(a) of the Council of Europe Convention on Action against Trafficking in Human Beings (the Convention) defines human trafficking as:
“the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”
In the case of adult human trafficking there are three components, all of which must be present:
|
Component of adult trafficking |
What it means |
|---|---|
|
Action/Act |
Recruitment, transportation, transfer, harbouring, receipt, transferring or exchanging control over, which includes an element of movement whether national or cross-border; which is achieved by a… |
|
Means |
threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, the giving or receiving of payments or benefits; for the purpose of… |
|
Exploitation |
for example, sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, forced criminality, financial exploitation, removal of organs (organ harvesting). |
Comprehensive information about each component can be found in Section 2 of Modern Slavery: statutory guidance.
It is important to distinguish between human trafficking and human smuggling, as they are not the same.
Human smuggling - The purpose of human smuggling (also known as people smuggling) is to move an adult illegally but voluntarily across a country's border. Once the adult has reached their destination, their relationship with the smugglers usually ends.
Human trafficking - In cases of human trafficking, the adult is being moved for the purpose of being exploited. The move is not voluntary but happening because of the means being used (e.g. threat or use of force, coercion, abduction, deception etc.). In addition, human trafficking can take place within borders as well as across them.
Slavery, servitude and forced or compulsory labour are all illegal across the UK.
Slavery - The 1926 Slavery Convention defines slavery as ‘the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised’.
Servitude - Servitude means an obligation to provide a service that is imposed by the use of coercion. Servitude often occurs in a domestic environment, with the victim carrying out tasks such as household chores or childcare with little or no financial reward or freedom of movement. The fundamental distinguishing feature between servitude and forced or compulsory labour (below) is that the adult is likely to feel a sense of permanency and that their situation is unlikely to change.
Forced or compulsory labour - UN Convention No. 29 concerning forced or compulsory labour defines ‘forced or compulsory labour’ as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. Forced or compulsory labour often takes place in industries where work is casual and/or there is little regulation, for example nail bars, car washes, factory production lines and seasonal farm work. The victim will receive little or no financial reward, or their wages will be taken by their exploiter to pay for artificial or inflated debt (debt bondage) or living expenses.
In the case of adults there are two components, both of which must be present in all cases of slavery, servitude and forced or compulsory labour:
|
Component |
What it means |
|---|---|
|
Means |
Threat of penalty – for example, threat or use of force, coercion, abduction, fraud, deception, debt bondage, abuse of power or vulnerability. |
|
Service |
As a result of the means, an individual provides a service for benefit, for example, begging, sexual services, manual labour, or domestic service. |
Comprehensive information about each component can be found in Section 2 of Modern Slavery: statutory guidance.
It can be challenging to identify a potential victim of modern slavery. Many potential victims are reluctant to come forward or do not recognise themselves as victims.
Taken from the statutory guidance, the following list outlines general indicators of modern slavery.
Potential victims may:
- Believe that they must work against their will;
- Be unable to leave their work environment or home environment;
- Show signs that their movements are being controlled;
- Feel that they cannot leave;
- Show fear or anxiety;
- Be subjected to violence or threats of violence against themselves or against their family members and loved ones;
- Suffer injuries that appear to be the result of an assault;
- Suffer injuries or impairments typical of certain jobs or control measures;
- Suffer injuries that appear to be the result of the application of control measures;
- Be distrustful of the authorities;
- Be threatened with being handed over to the authorities;
- Be afraid of revealing their immigration status;
- Not be in possession of their passports or other travel or identity documents, as those documents are being held by someone else;
- Come from a place known to be a source of human trafficking;
- Have had the fees for their transport to the country of destination paid for by facilitators, whom they must pay back by working or providing services in the destination;
- Have false identity or travel documents (or none at all);
- Be found in or connected to a type of location likely to be used for exploiting people;
- Be unfamiliar with the local language;
- Not know their home or work address;
- Allow others to speak for them when addressed directly;
- Act as if they were instructed by someone else;
- Be forced, threatened or deceived into working in poor conditions;
- Be disciplined through punishment;
- Be unable to negotiate working conditions;
- Receive little or no payment;
- Have no access to their earnings;
- Work excessively long hours over long periods;
- Not have any days off;
- Live in poor or substandard accommodations;
- Have no access to medical care;
- Have limited or no social interaction;
- Have limited contact with their families or with people outside of their immediate environment;
- Be unable to communicate freely with others;
- Be under the perception that they are bonded by debt;
- Be in a situation of dependence;
- Have acted on the basis of false promises.
Note: There could also be physical, psychological or environmental indicators, as well as indicators related to the specific type of exploitation that the potential victim may be experiencing (for example sexual exploitation).
Information about additional indicators can be found in Section 3 of Modern Slavery: statutory guidance.
Under section 52 of the Modern Slavery Act, specified public authorities (including the police and local authorities) have a duty to notify the Home Office of all potential victims of modern slavery.
The duty is discharged by either:
- With the adult’s consent, referring them into the National Referral Mechanism (NRM); or
- If the adult does not consent, making a Duty to Notify referral.
Both an NRM referral and a Duty to Notify referral can be made online through the Modern Slavery Portal.
See: Report Modern Slavery.
Note: The Home Office is responsible for determining whether the adult is a victim of modern slavery.
The NRM is the UK’s framework for identifying victims of modern slavery. If a referral into the NRM is made, the adult may be able to access a range of Home Office support. This can include accommodation, material assistance, financial support, translation and interpreter services, information and advice, outreach support, access to legal aid for immigration advice, medical care and counselling and assistance to return to their home country.
For further guidance, see National Referral Mechanism guidance: adult (England and Wales).
Where a Duty to Notify referral is made (because the adult has not consented to a NRM referral), the information submitted must not identify the adult unless they have consented to their personal details being provided. The information should still be as detailed as possible as it will be used by the Home Office to build a better picture of modern slavery and improve law enforcement response.
First Responder Organisations
First Responder Organisation’s are organisations or bodies authorised by the Home Office to notify them of potential victims of modern slavery.
The NRM guidance sets out a full list of First Responder Organisations. See: First Responder Organisations.
If the adult appears to be at immediate risk of harm, the situation should be treated as an emergency and the police alerted using 999.
The adult may also require medical attention, if there are signs of a physical injury or health concern (for example malnutrition).
Even if the adult is not at immediate risk of harm, the police should always be alerted as modern slavery is a crime. This is the case even if the concerns are historical.
If the adult seems to need care and support (or if this is unclear when a concern is identified), a safeguarding concern should also be raised to the local authority.
In addition to the above; If the organisation with concerns is a First Responder Organisation and it is safe to do so, a First Responder should provide information to the adult about the National Referral Mechanism (NRM). If the adult consents to a referral, the First Responder Organisation should notify the Home Office at the earliest opportunity. This will help ensure the adult can access the support they may need in a timely way.
As part of the safeguarding response, the duty to notify must be met.
For guidance see Section 3, The Duty to Report Modern Slavery.
Note: If a First Responder Organisation has already notified the Home Office, then an additional notification is not required.
All statutory duties under the Care Act 2014 apply when a concern is raised about an adult that is or may be experiencing modern slavery. This includes the aims and principles of adult safeguarding, Making Safeguarding Personal, the duty to provide independent advocacy and the duty to make enquires.
The modern slavery statutory guidance provides extensive guidance for working effectively with adults that may be victims of modern slavery.
See: Working with vulnerable people.
See: Annex D – working with vulnerable people.
The key points for the safeguarding response to remember are:
- Collaborative partnerships, multi-disciplinary and multi-agency working are fundamental to ensure that potential victims are identified, protected and safeguarded. Activities should be carried out in partnership with other agencies to provide potential victims with integrated support and access to their rights and entitlements.
- It is important for professionals to understand the specific vulnerability of potential victims of modern slavery and utilise practical, trauma-informed methods of working which are based upon fundamental principles of dignity, compassion and respect. Voices must always be heard, and rights respected.
- Potential victims may be reluctant to, or unable to, self-identify. Some groups are more susceptible to becoming victims of modern slavery, particularly former victims, adults who are homeless, adults with no recourse to public funds or adults with drug and alcohol dependency issues;
- Victims may experience post-traumatic stress disorder and anyone interviewing a potential victim should be aware of the impact of trauma on the interviewee, for example difficulty recalling facts;
- Survivors of modern slavery may be at risk of re-trafficking and further harm.
Regardless of whether an NRM referral has yet been made, other statutory or non-statutory services and support that the adult at risk may be legally entitled to (or that would be beneficial in reducing risk) should be identified.
For example, immigration advice or accommodation:
- The Housing Act (1996) requires local housing authorities to secure accommodation for an individual if there is a reason to believe that the individual may be homeless, eligible for assistance and have a priority need;
- If local housing authorities believe an individual with recourse to public funds would be homeless due to being a victim of modern slavery, they should provide safe accommodation between referral to the NRM and a Reasonable Grounds decision.
To ensure that legal obligations are met, and rights upheld, the safeguarding response should refer to the Modern Slavery: statutory guidance and seek legal advice as necessary.
The Reasonable Grounds decision is the decision made by the Home Office as part of the NRM process. The Home Office must decide whether there are reasonable grounds to believe that, based on objective factors, an individual is a victim of modern slavery.
The Modern Slavery and Exploitation Helpline is provided by the anti-slavery charity Unseen. It can provide information and advice to professionals when an adult is at risk.
Helpline: 0800 0121 700 (open 24 hours a day, 365 days a year).
Unseen website: Unseen.
The government has also produced a range of downloadable leaflets that can be provided to potential victims of modern slavery. They are available in 11 languages.
The Modern Slavery Unit can provide assistance and guidance about any aspect of the statutory guidance. They can be contact via email on: NRMReform@homeoffice.gov.uk.
This guidance is intended to help councils enhance their response to modern slavery. Alongside an overview of modern slavery and the UK framework for tackling it, there are targeted sections for officers working in different council services such as children’s services, adult social care, housing, community and regulatory services, as well as a section on supply chains.
The government has complied a resource designed to share examples of training products available to public sector professionals and other individuals that might come across victims to help raise awareness, better spot the signs and increase confidence in reporting modern slavery when potential cases are encountered.
Last Updated: August 22, 2024
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