Home Office agrees to re-enter our destitute client back into the National Referral Mechanism

24 Feb Home Office agrees to re-enter our destitute client back into the National Referral Mechanism

Posted at 09:51h in Bryony Goodesmith, Human rights, Judicial review & public law, Victims of trafficking by DPG Editing BG

The Home Office confirmed that recognised survivors of trafficking are entitled to reinstatement of the accommodation and welfare support they previously received as trafficking victims under the National Referral Mechanism (‘NRM’), in circumstances where their needs require it.

Our client received a positive Conclusive Grounds decision in September 2018, which recognised him as a victim of trafficking as a result of exploitation that he experienced as a minor. After the conclusion of his trafficking claim, his needs were assessed (called Recovery Needs Assessments, or ‘RNA’s) on various occasions in 2020, and he was then exited from the NRM (meaning that his trafficking support stopped) in October 2020. His asylum support remained in place until September 2021, at which point it was discontinued on the basis that he did not currently have a pending asylum claim in the UK. This meant that our client, a recognised trafficking victim, became destitute.

A charity assisting migrants at risk attempted to correspond with the Single Competent Authority (the limb of the Home Office that deals with NRM support) to request that he again be supported under the NRM. However, the SCA erroneously advised the charity that our client was not entitled to any support having previously been exited from the NRM.

DPG were instructed in May 2022 following failed attempts to re-enter our client into the NRM via pre-action correspondence. The judicial review claim was issued in the High Court. The Home Office promptly agreed to re-enter our client into the NRM, reinstate his financial support, and provide him with accommodation.

The Home Office confirmed that recognised survivors of trafficking, with a need for support under the Modern Slavery Victim Care Contract, are entitled to request to be re-entered back into the NRM in order to have their needs assessed, and will be provided with suitable accommodation and financial support should their needs require it.

Our client was represented by DPG Partner Ugo Hayter and trainee solicitor Bryony Goodesmith. If you require further information about this case, please contact Bristol@dpglaw.co.uk.