Helen Bamber Foundation says survivors of modern slavery with insecure immigration status should be granted leave to remain

29 April 2020

EIN

In a report released on Saturday, the Helen Bamber Foundation says the Covid-19 public health crisis is compounding the risks faced by survivors of human trafficking and modern slavery and is increasing their vulnerability.

The 31-page report, which you can read here, outlines the problems faced by modern slavery survivors during the coronavrius pandemic and sets out a number of recommendations that have the health, well-being and safety of survivors at their centre.

The report calls on the Government to publish a coherent strategy for survivors of modern slavery with specific procedural measures to protect and safeguard them throughout the pandemic. It also recommends that the Government set up a Covid-19 Modern Slavery Crisis Committee comprising clinical and anti-trafficking experts to oversee implementation and provide guidance.

The Helen Bamber Foundation notes that survivors of modern slavery who have insecure immigration status are especially vulnerable during the pandemic. With this in mind, the report says there is an urgent need for survivors who have insecure immigration status to be granted leave to remain in the UK so that they can be provided with safety, stability and certainty.

It recommends: "3 years minimum leave to remain should be granted in recognition of survivors' personal circumstances in accordance with Article 14 (1) (a) of the Council of Europe Convention on Action against Trafficking in Human Beings. The 'personal circumstances' clause logically applies to all survivors of modern slavery in the current Covid-19 public health crisis. It is also unsafe (and not feasible) for survivors to be expected to leave the United Kingdom during the Covid-19 crisis. Many countries have closed their borders, but even where a transit route would in theory be possible, international travel would be unreasonable given that it cannot be undertaken in line with the government's recommendations on social distancing, isolation and minimising travel."

The report also notes: "There is no foreseeable end to this pandemic and return to the normalcy of everyday business in the UK and the wider world once the crisis is over is likely to be both gradual and problematic after significant loss of time and resources. The current pressure of caseload and backlog in the UK National Referral Mechanism (NRM) and asylum systems will only increase over the next few years in this situation. Consistent preparation and action is necessary to ensure that survivors have expedited access to their rights and entitlements so that a workable system, which safeguards survivors' health and safety can be preserved."

During the pandemic, the Helen Bamber Foundation recommends expediting all positive NRM or asylum decisions and issuing them with urgency, while cases which decision-makers are 'minded to refuse' should be put on hold.

The report states: "We are aware that there can be flaws in NRM and asylum decision making, and that many initial negative decisions are reconsidered or appealed successfully … There is significantly reduced capacity during this crisis for NRM reconsideration reviews and asylum appeals.

"Survivors may be unable to find legal representation as law firms are closed, lawyers may be unable to take instructions remotely from vulnerable people, and crucial evidence (such as medico-legal reports) may not be currently available. Survivors may also face practical barriers such as accessing phone credit or internet for communication or news and may struggle to find a private space to discuss personal/private information. In addition, revisiting traumatic events is a particular risk factor that can cause a deterioration in a trafficking survivor's mental health and increase trauma symptoms, including suicidality. While in isolation people's anxiety regarding their status can increase."

The report also details a number of health impacts of Covid-19 for modern slavery survivors, with many already having significant underlying physical and mental health conditions related to their trafficking history.

The report notes: "Risks to survivors are now significantly increased by the current Covid-19 crisis: access to all healthcare and professional services for survivors is severely restricted. Social isolation for survivors of modern slavery will often take place in poor-quality, overcrowded accommodation which is located in areas that are dangerous for them. From our experience of daily communication with survivors, we are aware of the negative impact on our client's mental health which is caused by the uncertainty of Covid-19. This is linked with rapid loss of routine together with diminished access to support services and mental health services at all levels from crisis teams to specialist therapeutic care. There are also risks of destitution and food insecurity. These problems are worsened by open-ended uncertainty about when survivors' legal protection and other issues may now be resolved."

The Helen Bamber Foundation says its report is widely supported by NGOs, academics and legal representatives across the UK. Fifty-six organisations have co-signed the report.

Kerry Smith, Chief Executive Officer of the Helen Bamber Foundation, said: "Urgent action is required to make sure that during this crisis no survivor of Modern Slavery is re-victimised. Fears about immigration status is one of the key concerns survivors we work with tell us about when we speak to them. Granting 3 years leave to remain will mean that all survivors can be confident about their right to live safely in the UK throughout this crisis and therefore remain safe and avoid further trafficking risks."