National Referral Mechanism (NRM)

By Ds Mick Coles

WYP Human Trafficking Team

Aims of the Presentation• History of the NRM. • The Council of Europe Convention on Action Against.

Trafficking in Human Beings Articles 10, 12 and 13.• The UK compliance.• How the NRM works.• First Responders.• NRM review.• Victim Referral Pilots and the Roles created.• Summary of the Pilot Process.

History of the NRM

• UK Government signed up to The Council of Europe Convention on Action Against Trafficking in Human Beings. (into force on 1 February 2008)

• Aims of ‘The Convention’ ( the membership states ) were• To prevent trafficking in human beings.• Identify and protect victims of trafficking.• Prosecute Traffickers and • Promote co-ordination of National actions and International co-

operation.

Convention requires for the identification and protection victims

European Trafficking Convention, Art. 10 obliges States

“To adopt such legislative or other measures as may be necessary to identify victims as appropriate in collaboration with other Parties and relevant support organisations"

European Trafficking Convention, Art. 12 obliges States

“Each Party shall adopt such legislative or other measures as may be necessary to assist victims in their physical, psychological and social recovery “

UK Compliance to Articles 10, 12 and 13.• UK Government response was the (NRM) . Its aims were to• Identify, rescue, safeguard and support potential victims of Human

Trafficking. ( Now MDS)• To create greater co-operation between agencies involved in this area

of work and allow for the sharing of information.• To take a victim-centred approach to tackling all types of trafficking,

providing services to assist recovery and access justice.

• ……..Article 13 requires that victim recovery and reflection period must be at least 30 days

How the NRM works. 1

• Identified potential victims must be referred to one of the UK’s two Competent Authorities ( UKHTC or UKVI)

• Referrals can only be made by agencies who are First Responders.

• Referrals are made on a form, one for Adults and one for Children (under 18) . Adults must consent to the referral.

How the NRM works. 2

• Process is 45 days in UK- (Two stages) • It offers help and support including safe (free)

accommodation, access to medical/psychological treatment and assistance / repatriation.

• The Salvation Army have the government contract to provide the victim care for adults.

• Accommodation provision for U18's is the responsibility of the local authority children’s services.

Stage 1- Reasonable Grounds1. Adult / potential victim agrees to referral. (CONSENT ADULTS ONLY)

2. First Responder makes referral by completing a form (adult / child).3. Form sent to UKHTC via email or fax.

4. Case officer decides within 5 days whether there are "reasonable grounds" to believe person is potential victim.

5. If satisfied there are "reasonable grounds" a 45-day "reflection and recovery" period is granted to victim.

‘From the information available so far I believe but cannot prove’

Stage 2 – Conclusive Grounds Decision1.During 45-day period potential victim provided with

assistance. (secure accommodation, material assistance; emergency medical treatment; translation and interpretation services, counselling and information regards their legal rights.)

2. Within 45 days case manager makes a "conclusive decision".3. Positive conclusive decision = official victim status +

possibility of leave to remain.4. Negative conclusive decision = no victim status + alternative

remedies and grounds for assistance. …. the balance of probability “it is more likely than not”

First Responders• Home Office Immigration and Visas Local Authorities

UK Border Force• Poppy Project TARA Project (Scotland) Migrant Help • Kalayaan Medaille Trust Salvation Army • Gangmasters Licensing Authority UK police forces • NSPCC/CTAIL Barnardo's Health and Social Care Trusts

( Northern Ireland)• Unseen Refugee Council New Pathways •BAWSO

Why you should refer a child 2

• Referring children into the NRM encourages the sharing of information between agencies and ensures an appropriate safeguarding response.

• It also helps the UK collect evidence and build an understanding of the patterns of child trafficking. This helps to shape policy and can aid police investigations into trafficking.

• It ensures that Child Victims receive the same recognition as Adults who fall victim to MDS.

NRM Review 2014 The review of the NRM was published on 11 November 2014 and

recommended a system overhaul, a Streamlined referral process, enhancing local area roles .

• Extending the NRM to cover all adult victims of modern slavery;

• The creation of Slavery Safeguarding Leads, new multi-disciplinary panels, headed by an independent chair, with a view to removing the decision-making roles of UKVI and the UKHTC; and

• Creating a single case working unit ( CMU) within the Home Office to replace the current case-working units in the National Crime Agency and UK Visas & Immigration.

NRM Pilots• Responsibility for developing the pilots was been given to the

Home Office Modern Slavery Unit. • In the Summer of 2015 two areas were selected to conduct the

pilots, the South West region and West Yorkshire.• Evaluation of the Pilots will be conducted by the HO, specifically

around 3 of the core recommendations.• The Pilots will see Local agencies and authorities have a key role

in identifying, referring and supporting potential victims of human trafficking and modern slavery,

Roles of Staff within Pilot Slavery Safeguarding Leads –

• Individuals drawn from statutory PARTNER agencies across West Yorks area.

• Accept NRM referrals from agencies designated as First Responders

• Make decisions on PVOMDS individuals as to whether they believe they are a victim of modern slavery. (REASONABLE GROUNDS)

• They will perform the role presently completed bythe UKVI and UKHTC

Multi-disciplinary Panel Members Regional multi-disciplinary panels members• The Panels will be comprised from of representatives of statutory

agencies (local authorities and non-governmental organisations.• Panels will be chaired by an individual appointed by the Home

Office. ( Slavery Safeguarding Chair)• The panels will make decisions on whether an individual is a

confirmed victim of modern slavery. ( Conclusive Grounds Decision)

• The chairs of the panels will also be responsible for reviewing negative decisions made by other panels.

Case Management Unit (CMU) CMU ( came into being August 3rd 2015)

• Will be drawn from existing staff within UKVI and UKHTC, under the control of HO

• CMU will act as a single point of contact for all NRM cases• Will gather evidence and prepare cases for the relevant

Panels.• Evidence gathered will assist Panels in making a Conclusive

Grounds Decision

Section 52 of MDSSection 52 imposes a duty to notify the Home Office about suspected victims of

MDS.

From 1 November 2015, specified public authorities have a statutory duty to notify of any suspected victim they come across.

The “duty to notify” applies to the following public authorities (see list)

Certain information must be provided within a notification has been set out in regulations by the Secretary of State.

Adults again must consent ( over 18).

If no consent - notification is still required but information that could result in identification should be removed.

Section 52 of MDS contd.

The information required, in a notification is set out in the “Notification of Potential Victim of Modern Slavery Form.

Where an individual is being referred to the NRM, then the NRM form can be used to satisfy the duty, by forwarding a copy to dutytonotify@homeoffice.gsi.gov.uk

If no NRM referral is not made, then the “MS1 - Notification of a Potential Victim of Modern Slavery Form” should be completed.

Multiple referrals - If another statutory agency has already notified the Home Office of the potential victim you have encountered, then an additional notification is not required.

The information provided will be used to build a better picture of modern slavery in England and Wales, and to improve our response, by sharing the information.

Summary of Pilot Process• First Responder makes referral to SSL• SSL makes Reasonable Grounds Decision ( ?? How long)• PVMDS is given access to Pilot Services. ( Child / Adult )• Case Management Unit receive referral and gather evidence• SS Chair calls meeting of Panel members and Conclusive Grounds

Decision is reached• Panel Chairs will have responsibility to review negative decisions• The whole process will be evaluated by Home Office MDS Unit• ***Pilot Scheme Given Soft Launch on August 3rd 2015 ***

Is this MDSAnna 16yrs from Romania. Anna is disabled and does not have the

use of her legs. She was brought into the UK via car 2years ago. She was of the belief that she was coming to work in a factory doing reception work. Following her arrival, her id documents were taken and she lived for a time in the cellar of a family house. She was later told that there was no work and put on the streets begging for money. Any money she made was taken from her and she is often beaten or threatened.

Is this MDS ?

Sebastian 15yrs was approached in the street in Poland and offered transport and accommodation, if he came and worked in the UK. Once in here UK he was taken to a bank where an account was opened in his name. His identification documents were taken off him and he does not control his bank account. His employers pay him cash in hand, £10 per day.

Is this MDS ?Geltrice 16yrs was born in the Cameroon. She remained in the UK

following a stay with a friend in Liverpool. She was offered work in London. For the last 3 years she has lived in the household of a family and made to clean for them and for other friends of the family. She works long hours, often 16 hours a day with little or no pay. There is a restriction of liberty and movement and she is not allowed to leave the accommodation unless it is to go from one place of work to another. She is always accompanied when out. She is told that if she is found the police will arrest her and she will go to prison for a long time.

Is this MDSValtar 17yrs is a Czech male. He came to the UK 2 years

ago. He paid his own travel costs. He lived in Leeds, initially with a group of males in a flat and worked in a fruit packaging plant for 6 months. He then lost his job and went to Birmingham where he lived rough working for cash in hand on a building site and doing security work. He worked long hours, up to 16 hours a day being paid £10 per day.

Is this MDS

Grazyna 17yrs from Albania was told that she was coming to the UK to work and study. The work she had been promised was to help pay off a family debt back home. She arrived via plane into the East Midlands and was greeted by a male, who took her to London. She was subsequently given a job in a massage parlour, offering sex to males for money.

Is this MDS?

Adele 16yrs from the UK. She lives in the care of social services in Leeds. She is recorded as being at the risk of CSE and has gone missing overnight on 4 occasions in the last 3 months. On the last 2 occasions she was seen to willingly get into a car containing 3 adult males. The car drove off in the direction of Bradford.

? Is this MDS

Jana 17yrs is Slovakian, she has lived in the UK for 2 years. It has been agreed by her parents that she is fostered by a family from the same region of the country in Slovakia. Jana has been arrested and given a caution for shoplifting (2 months ago) and has now been arrested for trying to pick-pocket an elderly male. Jana looks ill, pale and malnourished.

Is this MDS ?

Katarina 16yrs from the Poland. She lives in the care of her cousin in Leeds. Police intelligence shows she has been found in Bradford , 3 times, late in the evening, in 12 months and returned home.

She is reluctant to speak to the Police but on one occasion she had £60 on her and on another she said she had been with her boyfriend Vinny 22 yrs.

A separate intelligence report suggests that cars visit her home at all times and that the young girl at the location is seen to willingly get into a car containing young adult males.

Is this MDS ?Pip 17yrs and Vee 19yrs are from the Estonia. They live in a terrace house (in

Wakefield) that has come to Police notice following a burglary at neighbouring property.

A witness says that they think it odd that these girls and other females never seem to go out, except in the company of the two males that live at the house. They don’t behave like ‘kids’ of their age.

Separate intelligence shows that a car has been seen outside the address. This vehicle has been sighted in an area used for street prostitution and also at an address suspected to be a brothel.

A separate intelligence report suggests that a male visits the house at all times for short periods. At times he has been heard shouting in a foreign language.

Thank You

Any Questions