Modern Slavery (Victim Support) Bill [HL] (HL Bill 21)

1 Supporting adult victims of modern slavery

(1) The Modern Slavery Act 2015 is amended as follows.

(2) After section 48 insert—

“48A Provision of assistance and support before reasonable grounds
5 determination and during recovery and reflection period

(1) The Secretary of State must ensure that a person to whom this section
applies is provided with assistance and support in accordance with this
section unless section 52B applies.

(2) This section applies to a person if—

(a) 10that person is aged 18 or over or, if the age of the person is
uncertain, the person does not fall within the provisions of
section 51 (presumption about age); and

(b) either a referral relating to that person has been made to the
competent authority for a determination as to whether the
15person is a victim of slavery or human trafficking, or the
Secretary of State knows that such a referral will be made within
three days.

(3) Subject to subsection (4) , assistance and support must be provided
under this section until in relation to that person—

(a) 20a determination is made that there are not reasonable grounds
to believe that the person is a victim of slavery or human
trafficking;

(b) a conclusive determination is made that the person is a victim
of slavery or human trafficking; or

(c) 25 a conclusive determination is made that the person is not a
victim of slavery or human trafficking and all processes for

reconsideration of such a determination, including internal
reviews and appeals to an independent tribunal or court of law,
have been completed.

(4) If a conclusive determination that a person is a victim of slavery or
5human trafficking is made within the recovery and reflection period,
assistance and support must be provided until the end of that period.

(5) The recovery and reflection period in subsection (4) is a period of 45
days beginning with the day on which a determination is made by the
competent authority that there are reasonable grounds to believe that
10the person is a victim of slavery or human trafficking.

(6) Where assistance and support has been provided to a person under this
section, the Secretary of State may secure continued provision of that
assistance and support for no more than nine days if a conclusive
determination is made that the person is not a victim of slavery or
15human trafficking.

(7) The Secretary of State must ensure that a person to whom this section
applies is granted immigration bail under Schedule 10 to the
Immigration Act 2016 where necessary for the period in which they are
entitled to support under this section.

48B 20Provision of assistance and support to adult victims of modern slavery
following conclusive determination by a competent authority

(1) The Secretary of State must ensure that a person to whom this section
applies is provided with assistance and support in accordance with this
section unless section 52B applies.

(2) 25This section applies to a person if—

(a) that person is aged 18 or over or, in a case where the age of the
person is uncertain, the person does not fall within the
provisions of section 51 (presumption about age); and

(b) a competent authority has made a conclusive determination
30that the person is a victim of slavery or human trafficking.

(3) Assistance and support must be provided for at least 12 months from
the day on which support provided under section 48A ends.

(4) Where assistance and support is provided to a person under this
section, the Secretary of State must consider whether it is necessary for
35the victim’s physical, psychological and social recovery to provide
assistance and support after the end of the period in subsection (3) for
as long as they think appropriate, subject to subsections (6) and (7).

(5) A decision whether to provide assistance and support in accordance
with subsection (4) must be made at least four weeks before the end of
40the assistance and support provided under subsection (3).

(6) In determining—

(a) whether it is necessary to provide assistance and support under
subsection (4), and

(b) the period of time for which such assistance and support is to be
45provided,

the Secretary of State must have regard to the factors set out in
subsection (7).

(7) The factors the Secretary of State must consider under subsection (6)
are—

(a) that person’s individual circumstances;

(b) the needs of that person for safety and protection from harm;

(c) 5 the needs of that person for medical and psychological
treatment;

(d) that person’s participation as a witness in criminal proceedings;

(e) whether that person is bringing any civil proceedings including
pursuing compensation; and

(f) 10 the recommendations of that person’s support worker.

48C Meaning of assistance and support

(1) For the purpose of sections 48A and 48B , “assistance and support”
includes but is not restricted to the provision of—

(a) appropriate and safe accommodation;

(b) 15 material assistance, including financial assistance;

(c) medical advice and treatment (including psychological
assessment and treatment);

(d) counselling;

(e) a support worker;

(f) 20 appropriate information on any matter of relevance or potential
relevance to the particular circumstances of the person;

(g) translation and interpretation services;

(h) assistance in obtaining specialist legal advice or representation
(including with regard to access to compensation); and

(i) 25 assistance with repatriation, including a full risk assessment.

(2) Assistance and support provided to a person under this Act—

(a) must not be conditional on the person’s acting as a witness in
any criminal proceedings;

(b) must only be provided with the consent of that person;

(c) 30 must be provided in a manner which takes due account of the
needs of that person as regards safety and protection from
harm;

(d) must be provided to meet the needs of that person having
particular regard to any special needs or vulnerabilities of that
35person caused by gender, pregnancy, physical or mental illness,
disability, or being the victim of violence or abuse;

(e) must be provided in accordance with an assistance and support
plan which specifies that person’s needs for support and how
those needs will be met for the full duration of the period for
40which that person is entitled to support under this Act.

(3) Nothing in this section affects the entitlement of any person to
assistance and support under any other statutory provision.

(4) The Secretary of State must set out in guidance the minimum standards
for assistance and support to be provided under this Act.

(5) 45 The Secretary of State must make arrangements for inspection of
support providers to ensure the minimum standards set out in
guidance under subsection (4) are met.

(6) Before publishing or amending minimum standards under this
section, the Secretary of State must carry out a public consultation on
the standards proposed.

(7) Before coming into effect, the guidance in subsection (4) , and any
5revised guidance, must be laid before both Houses of Parliament and is
subject to annulment in pursuance of a resolution of either House of
Parliament. ”

2 Leave to remain to support adult victims of modern slavery

(1) The Modern Slavery Act 2015 is amended as follows.

(2) 10After section 52 (duty to notify Secretary of State about suspected victims of
slavery or human trafficking) insert—

“52A Provision of leave to remain following conclusive determination to
facilitate support of adult victims of modern slavery

(1) Immigration rules must make provision for leave to remain in the
15United Kingdom to be granted to a person where there has been a
conclusive determination that the person is a victim of slavery or
human trafficking if and only if either subsection (2) or (3) applies and
section 52B does not.

(2) This subsection applies if the person receives support and assistance
20under one of the following—

(a) section 48B;

(b) section 18(9) of the Human Trafficking and Exploitation
(Criminal Justice and Support for Victims) Act (Northern
Ireland) 2015 (c. 2 (N.I.));

(c) 25 section 9(3)(c) of the Human Trafficking and Exploitation
(Scotland) Act 2015 (asp 12); or

(d) regulation 3(4)(c) of the Human Trafficking and Exploitation
(Scotland) Act 2015 (Support for Victims) Regulations 2018
(S.S.I 2018/90).

(3) 30This subsection applies if the person meets one or more of the following
criteria—

(a) leave is necessary due to the person’s circumstances, including
but not limited to—

(i) the needs of that person for safety and protection from
35harm including protection from re-trafficking;

(ii) the needs of that person for medical and psychological
treatment;

(b) the person is participating as a witness in criminal proceedings;

(c) the person is bringing any civil proceedings including pursuing
40compensation.

(4) Where the person is receiving assistance from a support worker, the
recommendations of the support worker must be considered in
assessing that person’s circumstances under subsection (3)(a).

(5) Immigration rules must provide for persons granted leave to remain in
45accordance with this section to have recourse to public funds for the
duration of the period of leave.

(6) Immigration rules must provide for leave to remain to be granted from
the day on which the conclusive determination is communicated to a
person for either—

(a) the amount of time support and assistance will be provided
5under one of the measures listed in subsection (2); or

(b) at least 12 months if the person meets one or more of the criteria
in subsection (3).

(7) Immigration rules must allow a grant of leave to remain under
subsection (6) to be extended subject to the requirements of subsection
10 (8).

(8) In determining whether to extend a grant of leave to remain under
subsection (7) and the period of time for which such extended leave
should be provided, the person’s individual circumstances must be
considered, and whether that person—

(a) 15 is receiving on-going support and assistance under the
measures set out in subsection (2); or

(b) meets one or more of the criteria in subsection (3).

(9) “Immigration rules” in this section has the meaning given by section 33
of the Immigration Act 1971.

52B 20Refusal of assistance and support, immigration bail or leave to remain

(1) This section applies to sections 48A and 48B insofar as they apply to
England and Wales.

(2) This section also applies to section 52A insofar as it applies to England
and Wales, Scotland and Northern Ireland.

(3) 25 A person may be refused immigration bail, assistance and support or
leave to remain, as appropriate, if—

(a) the person is a sexual or violent offender; and

(b) the Secretary of State considers that the person poses a genuine,
present and serious risk to members of the public.

(4) 30If subsection (2) applies, the Secretary State shall ensure the person
affected is given reasons for the refusal in writing.

(5) In this section, “sexual or violent offender” means a person falling
within the definition of a “sexual or violent offender” in section 327 of
the Criminal Justice Act 2003 (section 325: interpretation) or who has
35been convicted of an offence under the law of another country which
would have constituted an offence falling within those subsections if it
had been done in England and Wales.”

3 Safety plan for child victims of human trafficking

(1) The Children Act 1989 is amended as follows.

(2) 40Section 22 (general duty of local authority in relation to children looked after
by them) is amended as follows—

(a) after subsection (3C) insert—

“(3D) The duty of a local authority under subsection (3)(a) to
safeguard and promote the welfare of a child looked after by

them, where the child is a victim of trafficking, shall include in
particular a duty to consider the risk of re-trafficking and to take
all reasonable steps to ensure that accommodation provided
under subsection (1)(b) prevents the re-trafficking of the child.”;

(b) 5after subsection (4)(c) insert—

“(ca) where the child is a victim of trafficking, the child’s
independent child trafficking advocate,”

(3) After section 22C(8)(d) (ways in which looked after children are to be
accommodated and maintained) insert—

“(e) 10if C is a victim of trafficking, the accommodation is suitable to
C’s particular needs, in particular the need to prevent re-
trafficking.”

(4) After section 105(8) (interpretation) insert—

“(7A) In this Act a child is a victim of trafficking where—

(a) 15there has been a conclusive determination that the individual is
a victim of trafficking in human beings, or

(b) there are reasonable grounds to believe that the individual is
such a victim and there has not been a conclusive determination
that the individual is not such a victim.

(7B) 20For the purposes of subsection (7A)—

(a) there are reasonable grounds to believe that a child is a victim
of trafficking in human beings if a competent authority has
determined for the purposes of Article 10 of the Trafficking
Convention (identification of victims) that there are such
25grounds;

(b) there is a conclusive determination that a child is or is not a
victim of trafficking in human beings when, on completion of
the identification process required by Article 10 of the
Trafficking Convention, a competent authority concludes that
30the child is or is not such a victim.

(7C) In this Act—

(a) “competent authority” means a person who is a competent
authority of the United Kingdom for the purposes of the
Council of Europe Convention on Action against Trafficking in
35Human Beings;

(b) “independent child trafficking advocate” has the same meaning
as in section 48 (independent child trafficking advocates) of the
Modern Slavery Act 2015.”

4 Minor and consequential amendments

(1) 40The Modern Slavery Act 2015 is amended as follows.

(2) Omit section 50(1).

(3) After section 52B (refusal of assistance and support, immigration bail or leave
to remain) insert—

“52C Sections 48A, 48B, 52A to 52C: Interpretation

(1) 45This section applies to sections 48A , 48B and 52A to 52C.

(2) There is a conclusive determination that a person is, or is not, a victim
of slavery or human trafficking when the identification process
conducted by a competent authority concludes that the person is, or is
not, such a victim.

(3) 5“Competent authority” means a person who is a competent authority of
the United Kingdom for the purposes of the Council of Europe
Convention on Action against Trafficking in Human Beings.”

(4) In section 60 (extent)—

(a) in subsection (1) for “section 53” substitute “sections 52A to 53”;

(b) 10in subsection (3) for “section 53” substitute “sections 52A to 53”.

5 Extent, commencement and short title

(1) Sections 1, 3 and 4(2) extend to England and Wales only.

(2) This section, section 2, and sections 4(1), 4(3) and 4(4) extend to England and
Wales, Scotland and Northern Ireland.

(3) 15 This Act comes into force at the end of the period of one year beginning with
the day on which it is passed.

(4) This Act may be cited as the Modern Slavery (Victim Support) Act 2020.