Helen Bamber Foundation says it sees cases every day where people are treated as criminals rather than victims
A joint report released yesterday by the Helen Bamber Foundation (HBF), Medical Justice, the Anti Trafficking and Labour Exploitation Unit (ATLEU) and Focus on Labour Exploitation details how survivors of trafficking and slavery are being detained for immigration purposes, causing them significant harm.
The 31-page report 'Abuse by the system: Survivors of trafficking in immigration detention' can be downloaded here. It finds that survivors of trafficking are being failed by a system that prioritises immigration control over the welfare of victims of crime.
HBF and the other NGOs explain that many survivors of trafficking are placed in immigration detention either after imprisonment (often for offences they were forced to commit by their traffickers) and/or because they do not have permission to remain in the UK and have not received the support necessary to enable them to disclose that they have been trafficked.
The number of potential victims of trafficking held in immigration detention tripled from 501 in 2017 to 1,611 in 2021. HBF says it sees cases every day where people who have been trafficked have not been identified and have been treated as criminals rather than victims.
The report states: "Immigration detention is an unacceptable environment for survivors of trafficking, who are particularly vulnerable to harm in detention, a setting which can prevent or discourage disclosure. Even if identified, detainees are not always released and detention continues to have an accumulative and damaging impact upon their physical and mental health. A high proportion of immigration detainees are diagnosed with depression, post-traumatic stress disorder (PTSD) and anxiety, and a significant number experience suicidal ideation with the risk of self-harm. Research shows that people who have experienced trauma are at greater risk of developing mental health problems while in detention. It is impossible to envisage how a person's recovery needs can be met when they are in continuous distress."
The report includes a look at problems with the Adults at Risk (AAR) Policy and with safeguarding mechanisms in immigration detention. It says the AAR policy encourages a 'wait and see' approach whereby vulnerable detainees are left to deteriorate in detention until avoidable harm has occurred and can then be documented.
In one case study cited in the report, a Nigerian victim of trafficking said that being detained reminded him of his exploitation. Following his detention, the man was diagnosed with PTSD and depression and was assessed on multiple occasions as not being fit to be detained.
On the same day as the report's release, the Home Secretary made a speech to the Conservative Party conference in which she accused many people of abusing the immigration system and lying about being trafficked as modern slaves.
Such accusations are addressed in the report, which notes: "A frequently repeated but unsubstantiated claim from the Home Office is that people 'abuse' the detention system by claiming to be vulnerable or trafficked to try to secure their release."
According to HBF and the other NGOs, recent statistics suggest that there is no evidence of the system being abused. They point out that over 90% of people referred to the National Referral Mechanism (NRM) from immigration detention are found to be genuine victims of trafficking.
The report comments: "The government has claimed that people who are held in immigration detention are falsely claiming to be survivors of trafficking 'late in the process' in order to 'frustrate immigration action' and to secure their release. The facts do not support this. The overwhelming majority of those who are referred into the NRM from detention are found at the first stage of the identification process (preliminary identification) to have been trafficked: In 2021, of the 1,611 detainees [who] were referred into the NRM, 92% (1,420) received a positive reasonable grounds decision, an increase on the previous year when 88% (1,105 of 1,249 referrals) received a positive conclusive grounds decision."
According to the report, the figures show the system is not being abused. Instead they reflect the fact that victims of trafficking are being placed in significant numbers in immigration detention without proper opportunities to disclose or screening for indicators.
HBF and the other NGOs explain why victims may delay disclosing their status: "It is well recognised, including in the UK Modern Slavery statutory guidance, that survivors can be highly traumatised, and afraid of sharing their experiences of trafficking and exploitation for a multitude of reasons, including shame and fear of stigmatisation. … Survivors are also frequently afraid of the national authorities and coming forward, with traffickers employing a range of methods to ensure this fear persists long after they have left their control. This can include ritualised violence, threats against the victim or family members, and in our experience, attacks, re-trafficking and reprisals."
The report adds that many victims do not self-identify as having been trafficked, while others may have buried their trauma in order to be able to function on a day-to-day basis. Late disclosure should be seen a reflection of their trauma rather than being taken as an adverse credibility issue.
In concluding, HBF and the other NGOs say: "No survivor of trafficking should ever be detained. Instead, survivors must be provided with the support to which they are entitled under international and domestic law in the community, including secure accommodation, psychological assistance and legal information and support. This is crucial to enable them to recover and rebuild their lives."
A Home Office spokesperson was quoted by the Guardian as saying in response to the report: "The UK was the first country in the world to have dedicated laws to tackle modern slavery and we are committed to stamping out these crimes, protecting victims and bringing more perpetrators to justice. But it is clear people are abusing our rules when they have no right to be here, in order to frustrate their removal. Referrals to the National Referral Mechanism are often made whilst someone is in immigration detention, sometimes by serious offenders. We are making sure that criminals or those who arrive here illegally and have no right to stay are not able to hide behind laws intended to protect victims."