Government faces judicial review over failure to support victims of trafficking

The High Court has granted permission for a judicial review against the government's 'unlawful' lack of support for victims of trafficking.

Mr Justice Foskett has allowed for a two-day hearing to take place next year, brought on behalf of four men who were trafficked into the UK.

The men, who had been recognised as victims of trafficking by the government, argue they have been left destitute due to a failure by the Home Office to provide support to victims, which their lawyers claim is unlawful.

The men are all from European Economic Areas (EEA), with two currently taking a separate legal claim in a landmark modern slavery case against a British company.

The other two men, who have been granted anonymity in these proceedings, are witnesses in a criminal prosecution against their traffickers.

All four were provided with assistance under the national referral mechanism (NRM) - the framework introduced by the government in 2009 to identify and support victims of trafficking.

The framework provides hostel accommodation and financial support for a 45-day period, pending a government decision as to whether they are a bonafide victim of trafficking.

If the individual is recognised as a victim, they are then given 14 days within which to leave their hostel provided under the NRM.

However, because of the lack of any further government support, EEA nationals must rely on state benefits to obtain accommodation.

The victims have been caught by recent changes to benefit entitlements, introduced by the Department for Work and Pensions, which set a three or six months' time limit on the right to reside in the UK, unless they can pass a Genuine Prospect of Work (GPOW) Test.

The men, who all failed their tests, have been without income for approximately six months. Two of the men have been homeless for four months.

Leigh Day, who is representing the men, argues the government is in breach of the EU law of 'support duty' by cutting-off its support after 45 days.

The firm argues that the duty extends beyond the date when an individual is 'conclusively recognised' as a victim and should depend upon the needs and their specific circumstances.

Ugo Hayter from the human rights team at Leigh Day, said: 'Individuals conclusively recognised as victims of trafficking are routinely being faced with the impossible choice of street homelessness, a return to exploitative work, or a bus ride back to their home country where they might face destitution, reprisals from their traffickers or re-trafficking.'

Hayter said she was concerned that the government's 'failure to provide adequate support' threatened to undermine the legal claims currently being taken against those involved in forced labour and the prosecution of traffickers.

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD