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Hertfordshire Modern Slavery Partnership Guidance Document:

Victim Referral Pathways and Associated Documents

1. Introduction The purpose of this guidance document is to guide Hertfordshire professionals and NGOs in their use of the adult and child victim referral pathways, and the corresponding documents in cases of suspected modern slavery/human trafficking in Hertfordshire. 2. Background: National Context and Framework According to the Home Office, in line with a report produced in 2014, there are an estimated 10-13,000 victims of modern slavery in the UK.1 However, this figure is likely to be underestimated due to under-reporting and the hidden nature of the crime. Justice for Case published a report in July 2020, where they concluded that based on police evidence, they could accurately estimate that there are more than 100,000 victims of modern slavery in the UK – 10 times the number previously estimated by the Government.2 Under the Modern Slavery Act 2015,3 designated organisations in England and Wales have a statutory Duty to Notify (DtN) the Home Office when they encounter a potential victim of modern slavery. These designated organisations are known as First Responders. In practice, this means that if a specified public authority has reasonable grounds to believe that a person may be a victim of slavery or human trafficking, they must notify the Home Office. Complementing this duty, the Home Office set up the National Referral Mechanism (NRM), which is the UK Government framework for identifying and referring victims of human trafficking or modern slavery and ensuring they receive the appropriate support To enter the NRM, potential victims of trafficking or modern slavery must first be referred to the Home Office – known as the UK Single Competent Authority (SCA). Only First Responder designated organisations can report and refer potential victims to the National Referral Mechanism (NRM). Locally, only Hertfordshire Constabulary, Hertfordshire County Council and the District and Borough Councils are classified as NRM First Responder designated organisations. (See the appendix for Home Office Guidance to NRM First Responders and the full list of designated NRM First Responder organisations). However, every organisation has a role to play in tackling human trafficking/modern slavery in Hertfordshire and therefore we ask that all stakeholders supporting the Hertfordshire Modern Slavery Partnership notify the appropriate channels when they encounter a potential victim. This will help determine the true scale of the issue in the county and ensure that all victims are effectively safeguarded and supported in the county.

1 This figure was published in 2014 from research carried out during 2013. 2 IT STILL HAPPENS HERE: FIGHTING UK SLAVERY IN THE 2020s (July 2020): https://www.justiceandcare.org/wp-content/uploads/2020/07/Justice-and-Care-Centre-for-Social-Justice-It-Still-Happens-Here.pdf 3 Modern Slavery Act 2015 - Summary and Key Definitions: https://www.stopexploitationherts.org.uk/media/docs/modern-slavery-act-2015-summary-and-key-definitions-microsite-final.pdf.

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In order to assist stakeholders, the Hertfordshire Modern Slavery Partnership (HMSP) has developed referral pathways and associated documents to guide anyone who may come into contact with a potential victim to respond. These documents include: 1. Adult victim referral pathway, 2. Child victim referral pathway, 3. Information flyer (for victims) and 4. NRM support booklet (for victims). Further information on these documents can be found below. Reporting Scenarios 1) Member of the public: Report to the 24/7 Modern Slavery Helpline: 08000 121 700. (anonymous and

confidential) In an emergency, call 999. As a Professional: 2) Intelligence i.e. victim not known to organisation: Call 101 (Police) and confirm that you would like to

provide intel about potential modern slavery in Hertfordshire. In an emergency, call 999. 3) Victim(s) known to organisation i.e. client: Follow HMSP Victim Referral Pathways.

Hertfordshire Modern Slavery Partnership: Referral Pathways and Associated Documents 1. Purpose The purpose of the HMSP adult and child victim referral pathways and associated documents is to support staff in Hertfordshire to identify4 and report possible victims of human trafficking and modern slavery to the appropriate channels. These documents include a step-by-step process from when an adult or a child presents to the service, to submission of specified forms to the Home Office, as well as indicators/questions that can support the original referrer in their interaction with the potential victim. Professionals/NGOs may only have one opportunity to engage with someone and this allows them to do that in the most effective and easiest manner to determine whether someone is potentially being exploited and/or needs support. These documents include:

1. HMSP Adult victim referral pathway - This pathway is to be followed if the potential victim is an adult.5

2. HSCP Child victim referral pathway - This pathway is to be followed if the potential victim is suspected or known to be a child and was signed off by the Hertfordshire Safeguarding Children Partnership in October 2020.6

3. Information flyer (for victims) - This flyer, which is translated into 12 foreign languages, allows potential victims to understand their rights, what situations amount to exploitation in the UK, and what support they might be entitled to receive. It asks them to tick the boxes that apply to them.

4. NRM support booklet (for victims) - This booklet, which is translated into 12 foreign languages, provides information to the potential victim about the NRM and what services they might be entitled to, to help him/her make an informed decision.7

5. National Referral Mechanism (NRM) Offline Form (amendable fields) - The form adjusts based on the age of the person and whether consent is given. This form can either provide guiding questions and/or in the case of adults, non-First Responders can fill out this form and then send it to a First

4 Spot the Signs – Specific and General Indicators (Summary): https://www.stopexploitationherts.org.uk/media/docs/general-and-specific-exploitation-indicators-spot-the-signs.pdf. 5 The organisation/department point of contact can be added in by each individual at the bottom of the ‘Key Email Addresses’ section. 6 The organisation/department point of contact can be added in by each individual at the bottom of the ‘Key Email Addresses’ section. 7 Following the page numbers, to be folded as a booklet after printing.

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Responder organisation to submit online to the Home Office. This replaces the HMSP Professional Reporting Form.8

Designated referral forms at the initial stage of identification:

1. Adult with Care and Support Needs: refer to HCC Adult Care Services using the Safeguarding Portal to raise a concern or call: 0300 123 40 42 (24/7).

2. Adults without Care and Support Needs: use the National Referral Mechanism (NRM) offline form (amendable fields).

If the adult is engaging, it is highly recommended to immediately call Beacon to encourage consent to support from their service or the 24/7 Modern Slavery Helpline if you need interpreter support. They will provide further direction as to next steps.

3. Children: refer to HCC Children’s Services on 0300 123 4043 (24/7) or raise a concern through the

Child Protection Referral Form. Upon receipt of one of these referral forms, the NRM form should always then be submitted online by a designated NRM First Responder organisation in line with the relevant victim referral pathway. See appendix for further information. 2. Who should use them These pathways should be used by anyone that may encounter possible victims within the remit of their role at work when they suspect exploitation of a person. This includes but is not limited to public sector organisations, non-governmental organisations, government agencies, faith organisations, charities, businesses etc. Note: These victim referral pathways should be regarded as complementary to any organisations with existing robust pathways rather than as replacements. These pathways do not provide guidance on the specific victim care pathway post-identification. If applicable, you should seek advice from the local authority (county or district) where the suspected victim is residing and/or Beacon. If you would like support in formulating such a pathway, please refer to the Survivor Care Standards and/or email the HMSP Coordinator: kat@shivafoundation.org.uk. 3. How to use them • Step 1: Assess for Immediate Risk • Step 2: Initial Contact • Step 3: Recording and Reporting

1) Starting from the top of the pathways, the professional should follow the instructions and outlined steps

depending on the situation of the suspected adult and/or child victim. In all cases however, the following steps should be taken: - a) Seek advice from the 24/7 Modern Slavery Helpline: 08000 121 700. - b) Assess for immediate risk. - c) Notify the organisation modern slavery designated lead or equivalent. - d) Follow your organisation’s normal safeguarding procedures.

8 This form is editable on desktop and all other technical devices.

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2) On the back of each of the pathways, information is given on what to do if someone else is at risk,

possible indicators that will help staff to identify whether someone is a potential victim of human trafficking and modern slavery, as well as possible questions to ask that may help in determining the potential victim’s situation.

3) The professional should check the list of First Responders on the first page of the referral pathway to determine whether they should follow the steps in the First Responder or Non-First Responder boxes. Key email addresses and contact information are also provided under the lists. (See the Appendix for further details on the First Responder duty). Locally, only Hertfordshire Constabulary, Hertfordshire County Council and the District and Borough Councils are classified as First Responder designated organisations. (See here for full list of designated First Responder organisations and appendix for Home Office Guidance to First Responders).

4) If based on the indicators and initial questions asked, a professional believes that an adult and/or an older child aged 16-18 is potentially being exploited, and they have confirmed with the person that they are able to read, then the initial information flyer should be given to the person to read and to follow the instructions given on the flyer.

5) Trafficking and/or modern slavery concerns should never be raised with or translated through anyone

accompanying the adult and child under any circumstances. It is also important to consider whether anyone else who is not present may be at risk and to be aware of your professional responsibility towards them.

Adults: Specific Protocols for Hertfordshire

• Key Questions: 1) Do they need an interpreter, 2) Can they read?, 3) Do they have mental capacity? • To encourage engagement, it is strongly suggested to engage with the Modern Slavery Helpline on a

phone call whilst the adult is present, to facilitate consent to support to the NRM and/or another organisation.

• To encourage engagement with Beacon, it is strongly suggested to engage with Beacon on a phone call whilst the adult is present, to facilitate consent to support from the service.

Adults with Suspected Care and Support Needs

• If you suspect care and support needs and/or the adult lacks mental capacity, notify Hertfordshire County Council Adult Care Services within 24 hours through the Safeguarding Portal and cite modern slavery in communications or call 0300 123 4042 (24/7).

• The Duty to Notify legal responsibility then passes onto HCC Adult Care Services, who must include the district council team lead contact as the 2nd email address on the online form submission.

Adults without Suspected Care and Support Needs

• If you do not suspect care and support needs, complete the offline NRM form and notify the local district council team lead within 24 hours by email, citing modern slavery in communications. Relevant contact details are below:

• At this stage, if the adult has consented to the NRM and you are not an NRM First Responder, you will be directed to contact The Salvation Army directly, who will submit the NRM referral. Request to be

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included as the 2nd email address so that you receive a copy of the submission and then forward this on to the district council team lead by email.

Local District Council Contact Broxbourne Broxbourne Borough Council louise.brown@broxbourne.gov.uk Dacorum Dacorum Borough Council amy.dalton@dacorum.gov.uk East Hertfordshire East Hertfordshire District Council nick.phipps@eastherts.gov.uk Hertsmere Hertsmere Borough Council sarah.marett@hertsmere.gov.uk North Hertfordshire North Hertfordshire District Council safeguarding@north-herts.gov.uk St Albans St Albans District Council Neil.Kieran@stalbans.gov.uk Stevenage Stevenage Borough Council Modern.Slavery@stevenage.gov.uk Three Rivers Three Rivers District Council Michelle.Wright@ThreeRivers.gov.uk Watford Watford Borough Council seema.dhanak@watford.gov.uk Welwyn Hatfield Welwyn Hatfield Borough Council jo.harding@welhat.gov.uk

• The Duty to Notify legal responsibility passes into the local district council team lead, who must include

the original referrer in the 2nd email address of the online form submission. • EXCEPTION: Police officers should always follow the agreed Hertfordshire Constabulary internal

modern slavery reporting pathway and fulfil their Duty to Notify legal responsibility.

Consent and Mental Capacity To receive a formal decision on their status, as well as support through the National Referral Mechanism and/or through Beacon, the adult must consent to a referral being made to either service. However, all suspected adult victims of modern slavery can consent to and access either service at any point in their engagement with the identifying organisation, even if they initially refuse. If safe to do so, it is recommended to introduce the adult to Beacon over the phone whilst the original referrer is with the victim to encourage their consent to support from the service. Beacon can then help to facilitate possible consent to the NRM as it deems appropriate. Note: Despite the support offered, the NRM is sometimes not always the best possible option for victims. In cases where an adult does not consent to either the NRM and/or Beacon, an NRM form should be completed, but without personal details. Information should be written in such a way that the recipient would not be able to identify who reported the information e.g. It was reported that. This submission ensures that the relevant police force will be notified to investigate possible exploiters, as well as to understand how and where modern slavery is happening in the county and beyond. If you are a designated First Responder, it is your responsibility to submit this form online. If you are not a designated First Responder, then the offline version of this form should be emailed to the local district council team lead, contact details of which are given in the table on the previous page. Note: If you identify that the adult is in imminent danger at any point, regardless of whether they give consent, you should call 999 immediately, citing modern slavery concerns.

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Mental Capacity If you have concerns that the adult may lack capacity in making the decisions required to consent to either Beacon and/or the NRM, then the Mental Capacity Act will apply and a referral must be made to Hertfordshire County Council Adult Care Services. Hertfordshire County Council should then take responsibility for the statutory duty to report to the Home Office and any referral for support to be made into the NRM. Additional Resources:

• 1) Modern Slavery Act 2015 – Statutory Guidance for England and Wales (Version 1.01 – Mar 2020) • 2) Human Trafficking Foundation: Definitions and Indicators (Adult Modern Slavery Victims) • 3) Hope for Justice: Brief Overview of Local Authority Powers and Duties Towards Support for Adult

Victims of Modern Slavery in England • 4) Human Trafficking Foundation: Local Authorities Referral Pathway for Adult Victims of Modern

Slavery and NRM Process Guide • 5) Human Trafficking Foundation: The Slavery and Trafficking Survivor Care Standards 2018 • 6) The Passage: Modern Slavery Multi-Agency Case Conferences

Further information and resources can be accessed here: https://www.stopexploitationherts.org.uk/training-and-resources/training-and-resources.aspx.

Children: Specific Protocols for Hertfordshire

• 1) Ensure that the safety of the child is the first priority. If the child is at immediate risk of harm, then keep them in the setting where they have been identified, whilst in conversation with children’s services and the police, who will provide further direction.

• 2) Follow your organisation’s child protection and safeguarding procedures. • 3) Notify Hertfordshire County Council Children’s Services within 24 hours using the Child Protection

Referral Form or call 0300 123 4043 (24/7). • 4) Following discussion and agreement at a multi-agency meeting organised by HCC, the lead First

Responder organisation must submit the NRM form online with input from the other relevant organisations involved in the child’s case.

• 5) Support to children is provided through local authority children’s services rather than NRM subcontractors.

Consent Consent to enter the NRM is not required for suspected child victims of modern slavery. All children must be referred to the NRM following a multi-agency meeting in Hertfordshire with relevant stakeholders. A child or guardian should be informed about what the NRM is and the outcome of being referred in. To receive support from Beacon, the child or guardian must consent to a referral being made to the service. Additional Resources:

• 1) Modern Slavery Act 2015 – Statutory Guidance for England and Wales (Version 1.01 – Mar 2020) • 2) HSCP Procedures - 6.28 Modern Slavery and Human Trafficking (Updated Nov 2020) • 3) The Children’s Society: Guidelines for writing a clear NRM referral • 4) The Children’s Society: NRM Reconsideration Template • 5) The Children’s Society: Conducting good return interviews for young people who run away • 6) The Children’s Society, Victim Support and NPCC: Capturing and Reporting Intelligence on CSE and

CCE - Guidance for Families, Professionals and the Community

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• 7) The Children’s Society, Victim Support and NPCC (2 Mar 2018): Children and Young People Trafficked for the Purpose of Criminal Exploitation in Relation to County Lines – A Toolkit for Professionals.

Further information and resources can be accessed here: https://www.stopexploitationherts.org.uk/training-and-resources/training-and-resources.aspx.

4. NRM Offline Form (amendable fields) – Evidence to Support Reasons for Referral The NRM Offline Form is the principal vehicle through which the Single Competent Authority (Home Office) decides on the status of a suspected victim of modern slavery and/or human trafficking. The SCA may request for additional evidence, but not always. As such, it is essential to include as much information as is possible to facilitate a police investigation and a positive decision. It is also possible to submit additional evidence post-submission if further information comes to light, which would support the SCA in making their decision. When determining what content to include on the form, it is recommended to:

• 1) Expand on the circumstances or details of your encounter or contact with the potential victim, providing background to how the information was provided (for example on first encounter during police operation). Please set out in as much detail as possible exactly what you think has happened to this person that makes them a potential victim of modern slavery, and why you think the story is credible – for example external supporting evidence, or the behaviour and appearance of an individual.

• 2) Provide evidence of the indicators that you have identified.

• 3) Provide any other relevant information that you consider may be important and wish to include, for example living or working conditions, behaviour, appearance, demeanor and include information on the following:

- a) Movements in or to the UK, including dates (if known). - b) Suspected place of exploitation (if known). - c) Address where incident took place (if known). - d) Name of agent, exploiter or trafficker (if known). - e) Name of other victims (if known). - f) Note whether it is likely that further information will become available at a later date.

• 4) Record any actions you have taken including referral to other agencies (for example The Salvation

Army, police, UK Visas and Immigration) where appropriate. • 5) Note any immediate concerns regarding the potential victim’s health, psychological well-being or

safety. 5. NRM Submission Non-NRM First Responder Scenarios:

• Scenario 1: Adult has suspected care and support needs –signpost and direct referral by non-First Responder organisation to HCC who take on the NRM First Responder duty.

• Scenario 2: Adult wishes to involve police OR an emergency –signpost and direct referral by non-First Responder organisation to police who take on the NRM First Responder duty.

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• Scenario 3: Adult wishes to enter the NRM - signpost and direct referral by non-First Responder organisation to The Salvation Army who take on the NRM First Responder duty.

• Scenario 4: Adult does not wish to enter the NRM or involve police -referral by non-First Responder organisation to District lead who take on the NRM First Responder duty.

• Scenario 5: All potential child cases should be referred to HCC who will take on the NRM First Responder duty in collaboration with the police following agreement at a multi-agency meeting.

NRM First Responder Scenarios: Adults For local NRM First Responders (i.e. Hertfordshire Constabulary, Hertfordshire County Council (HCC) and District and Borough Councils), the organisation that identifies the potential adult victim first, is the organisation that should fill out the NRM form online. Dependent on whether the adult has care and support needs, or not, will determine whether HCC or the relevant district lead is included as the 2nd email address of the online form submission for notification purposes. Children Following discussion and agreement at a multi-agency meeting organised by HCC, the lead NRM First Responder organisation must submit the NRM form online with input from the other relevant organisations involved in the child’s case. A representative from the non-lead NRM First Responder organisation should be included as the 2nd email address of the online form submission for notification purposes. Exception: In line with the Hertfordshire Constabulary internal reporting pathway, police officers responding to an incident in an emergency and/or who see an offence take place in front of them, are required to immediately submit an NRM for a potential child victim where this is identified at the scene.

Additional steps and coordination of further evidence to be provided by relevant stakeholders for submission to the Home Office will then be agreed at a subsequent multi-agency meeting if the child lives within Hertfordshire as required by the HSCP child victim referral pathway. Purpose of Submitting a National Referral Mechanism Form:

• 1. Statutory Duty: For NRM First Responder organisations to submit NRM forms for adults and children identified as being possible victims of human trafficking and modern slavery.

• 2. Risk Identification and Early Intervention: Highlights to all practitioners (current and future) that trafficking/slavery is a clear risk, identifying and promoting early intervention.

• 3. Immigration Status (Leave to Remain): A positive conclusive grounds decision supports victims with irregular immigration status by providing greater stability in relation to their status through providing for the possibility of leave to remain.

• 4. Scale and Service Commissioning: Through submission of referrals, central and local government will be sighted on the full scale of the issue, influencing commissioning of services at a national and local level.

• 5. Pending Criminal Convictions: A positive conclusive grounds decision for victims in the criminal justice system, ensures that they are treated as a victim rather than as an offender for relevant offences identified in the form.

• 6. Police Duty to Investigate: Trafficking/slavery is a crime, which the police has a responsibility to investigate. When an NRM form is submitted for a child/adult, this places an automatic duty on the police to investigate the crime.

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• 7. Additional Support Eligibility: Acts as hook to get support for the victim from various services e.g. NRM form submission enables access to legal aid for an adult/child as it helps them to qualify for this service.

• 8. ADULTS ONLY - Support Services: Identified victims are entitled to receive 1) accommodation, 2) medical treatment, 3) emotional support, 4) interpreting/translation services, 5) police protection, 6) independent legal advice & 7) financial support.

• 9. CHILDREN ONLY - ICTG Service Eligibility: When a child is entered into the NRM, they become eligible for support from the Independent Child Trafficking Guardian (ICTG) Service.9

6. Support and Safeguarding Victims are likely to have support needs linked to at least one of the following areas:

• Accommodation • Financial support • Outreach, casework and advocacy • Access to health and mental health care services • Social care services • Access to legal advice • Access to translation and interpretation services • Access to community and social recovery services e.g. education and vocational training, drop in

services etc. • Access to criminal justice

For more information, see The Slavery and Trafficking Survivor Care Standards. Legal Advice Early legal advice is essential to effective support of modern slavery victims. Issues are more likely to be resolved early on, potentially preventing cases ending up in costly litigation and unnecessary trauma. Each victim of trafficking may need legal advice in several different areas, including the following:

• 1. Immigration • 2. Compensation • 3. Welfare • 4. Housing • 5. Community Care • 6. Family • 7. Public Law • 8. Criminal Law • 9. Entering the National Referral Mechanism • 10. Repatriation and Voluntary Returns

Resources and Services: ATLEU is a charity, which provides legal representation to victims of trafficking and labour exploitation, helping victims to obtain safety, recovery and redress. They offer numerous services to help practitioners support victims:

9 This service is currently not in operation in Hertfordshire. However, the Home Office has committed to expanding this service to the whole of the UK in due course.

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•Advice Line: Any practitioner can request for free support via phone (0207 700 7311) or email: advice@atleu.org.uk. (See https://atleu.org.uk/adviceline for further information on what to include in theemail). •Refer victims for legal support: https://atleu.org.uk/referrals. •Subscribe to gain free access to the ATHUB: https://athub.org.uk/. Legal Aid

• To search for a legal aid lawyer: https://find-legal-advice.justice.gov.uk/ • To check if a victim is eligible for legal aid: 1. https://civil-eligibility-calculator.justice.gov.uk/ 2. https://www.gov.uk/check-legal-aid 3. https://www.lawsociety.org.uk/for-the-public/help-with-paying-legal-costs/#find • To check client feedback of a legal firm or lawyer: https://chambers.com/ (Chamber and Partners

Directory of Lawyers) For more information, refer to the Herts specific legal advice document, which also contains a list of law firms in/around London and Hertfordshire that have experience in trafficking work and/or operate immigration legal aid contracts. 7. Monitoring and Feedback: Communicating Questions and Concerns The Partnership will be monitoring the dissemination and impact of the reporting pathways and corresponding documents on the interactions of professionals and NGOs with possible and identified victims of modern slavery and human trafficking. In the first instance, any feedback should be directed to your manager, safeguarding and/or modern slavery organisation lead. If further advice is needed, managers should reach out to the Partnership Coordinator, Kat Rolle - kat@shivafoundation.org.uk. Relevant information can also be found on the website: www.stopexploitationherts.org.uk. 8. Documents to Support You

● HMSP Victim Referral Pathways (Adult and Child) ● HMSP Information Flyer (For Victims) + Easy Read Version ● HMSP NRM Support Booklet (For Victims) ● Home Office: NRM Offline Form (amendable fields)

Translated Documents: HMSP Information Flyer and NRM Support Booklet

● Albanian: HMSP Information Flyer, NRM Support Booklet ● Arabic: HMSP Information Flyer, NRM Support Booklet ● Brazilian Portuguese: HMSP Information Flyer, NRM Support Booklet ● Chinese (Mandarin): HMSP Information Flyer, NRM Support Booklet ● Eritrean (Tigrinya): HMSP Information Flyer, NRM Support Booklet ● Hungarian: HMSP Information Flyer, NRM Support Booklet ● Iraqi Kurdish: HMSP Information Flyer, NRM Support Booklet

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● Polish: HMSP Information Flyer, NRM Support Booklet ● Romanian: HMSP Information Flyer, NRM Support Booklet ● Slovak: HMSP Information Flyer, NRM Support Booklet ● Vietnamese: HMSP Information Flyer, NRM Support Booklet

HMSP Training Materials

• Core Basic Modern Slavery Awareness Training PowerPoint Slides (PDF) (2-hour training) • Core Basic Modern Slavery Awareness Training PowerPoint Slides (PPT) (Email

kat@shivafoundation.org.uk for this amendable version) • Core Basic Modern Slavery Awareness Training PowerPoint Slide Notes (PDF) • Core Basic Modern Slavery Awareness Training Facilitator's Handbook (PDF) • Core Basic Modern Slavery Awareness Training Workbook (PDF)

HMSP Publicity Materials

1. Business card – Hertfordshire Modern Slavery Partnership (PDF, 593kb) 2. Information flyer for the general public (PDF, 930kb) 3. Information flyer for taxi drivers (PDF, 933kb) 4. Air Freshener and Matching Sticky Notes (Jun 2019) 5. Window Sticker (Jun 2019) 6. Information flyer for homeless people (A5) (Translated documents available online) 7. Information leaflet for people working with the homeless (A5) 8. Posters - Labour Exploitation (A3) - A, B and C 9. Posters - Labour Exploitation (A4) - A, B and C

Appendix: Additional Guidance for First Responders and Understanding the NRM Process Home Office Guidance: Report modern slavery as a First Responder Under the Modern Slavery Act 2015, designated organisations in England and Wales have a statutory Duty to Notify (DtN) the Home Office when they encounter a potential victim of modern slavery. These designated organisations are known as First Responders. Locally, only Hertfordshire Constabulary, Hertfordshire County Council and the District and Borough Councils are classified as First Responder designated organisations. (See here for a full list of designated First Responder organisations). Only First Responder designated organisations can report and refer potential victims to the National Referral Mechanism. First Responders can use the National Referral Mechanism (NRM) to:

• report cases of modern slavery. • refer potential victims for support and protection.

Who are First Responders? First Responders work for designated organisations and help identify and support potential victims of modern slavery.

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Statutory Duty: How to report modern slavery online • You will need to complete the online report in one go as you cannot save your progress. (The online

system will log out if the form is not submitted within a certain timeframe). • If you won’t have access to a computer when you interview a potential victim, you can print and fill in

the offline version of the form which contains amendable fields. (known as the NRM prompt sheet). • You can then complete the online form at a later stage using your notes from the offline form. • You can send feedback on the new online system to the Home Office:

nationalreferralmechanism@homeoffice.gov.uk. • NOTE: Anyone can fill in the offline version of the NRM form. It is strongly recommended that you

encourage any partner organisations that are not First Responders to use this form, to save time in fulfilling your statutory reporting duty upon receipt of this form from them.

Making a report

• The government assesses every new NRM case to determine if the person has been a victim of modern slavery.

• Referring a potential adult victim can give them access to support, such as counselling, legal advice, and housing.

• You can request emergency housing and medical care immediately. Other benefits will only be given once their status as a potential victim has been confirmed.

• All potential victims in the UK are entitled to support. See https://www.gov.uk/government/publications/support-for-victims-of-human-trafficking for further information.

What happens next

• This depends on whether the potential victim is a child or an adult. • If they are a child, you must refer their case to the NRM, and local authority social services will take

responsibility for support for the child. • If they are an adult, you will need to explain what happens if they enter the NRM and what happens if

they do not. Only potential adult victims can choose whether to consent to the NRM. • If an adult chooses to stay in Hertfordshire to receive NRM support rather than move out of area, this

support will be provided by Migrant Help and the local authority will be responsible for meeting the victim’s accommodation needs.

NRM decisions are made in two stages:

• Stage 1 - Reasonable Grounds (RG) decision • Stage 2 - Conclusive Grounds (CG) decision

Stage 1

• A caseworker will look at the potential victim’s case within 5 working days, whenever possible, and decide if there are reasonable grounds to believe they are a victim.

• Cases that do not meet the criteria will be closed at this stage unless there is a request for a reconsideration. No further accommodation or support will be available through the NRM.

Stage 2

• If there are reasonable grounds, the case will be investigated in more detail before deciding if there are conclusive grounds.

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• A conclusive grounds decision will not be made until after 45 calendar days. This is to allow the potential victim a period of recovery. They are eligible for support through the NRM during this time.

If a conclusive grounds decision is positive The potential adult victim will immediately receive support for an additional minimum 45 calendar days to help facilitate transition into other support services. The NRM allocated support worker will then complete a Recovery Needs Assessment and transition plan with the victim, which it will submit to the prime contractor, who will then submit it to the SCA. The SCA makes the decision on the granting of any extended entitlement to NRM support above the additional 45 days. Recovery Needs Assessment (RNA) The aim of the RNA is to identify if there are ongoing needs arising from the victim’s modern slavery experiences and to provide tailored support to victims to meet these needs. Support workers can make recommendations seeking up to a maximum of 6 months continued NRM support at a time. If further support is deemed necessary beyond the original timescale submitted, the support worker must complete another RNA for assessment by the SCA. The Recovery Needs Assessment consists of five sections:

- Basic information and key monitoring data - Details of current support provision - Personal circumstances, which may impact on their access to alternative services and the level of

support required (e.g. immigration status, recourse to public funds, asylum claims, voluntary returns, pregnancy, dependents, and ongoing criminal proceedings)

- Ongoing recovery needs around accommodation, financial support, and support worker contact. - Recommendations for any on-going support and/or move on planning linked to a detailed transition

plan with projected time scales for continuation of support If the conclusive grounds decision is negative The potential victim will continue to receive support for 9 working days after the decision is made before having to exit NRM support. In these circumstances, Beacon should be contacted to provide continued support, if the adult victim is residing in or returning to Hertfordshire. Request for a reconsideration of decision A reconsideration can be requested at any time by any organisation (First Responder and non-First Responder) if:

• more information about the case becomes available • there are concerns about the original decision

Note: A reconsideration will only happen if there are grounds for one. The Single Competent Authority Guidance (p.65) published in September 2019 by the Home Office details how to make a reconsideration request following receipt of a negative NRM decision. The reconsideration policy amendment statement also contains further guidance.**

01/2019-02

Any organisation can submit an NRM reconsideration request, this right is not only granted to First Responders. Even though there is no official government guidance on how to actually make the request in practice, practitioners should follow these steps:

1) Contact the Single Competent Authority (SCA) directly either via email to inboxNRMEngland@homeoffice.gov.uk or via the Duty Line on 0207 035 5689.

2) If further information comes to light, which is relevant to an original submission, the practitioner should email the information directly to the SCA on the following email address: nationalreferralmechanism@homeoffice.gov.uk.

**Both documents are not yet up-to-date following a recent court judgement, which detailed that the right for submitting reconsideration (appeals) also applies to legal advisers. If a potential adult victim does not consent to the NRM

• The potential victim will not receive support through the NRM or get a formal decision. • An online NRM referral form will still need to be completed under the statutory Duty to Notify, but

without inclusion of personal details. • This referral will still be sent to the relevant local police force to help them to investigate the exploiters,

as well as to understand how and where modern slavery is happening.

Contact the Home Office (National Referral Mechanism) Email: nationalreferralmechanism@homeoffice.gov.uk Telephone: 0207 035 5689 Training Home Office: Online First Responder Training Module The Home Office has created a free e-learning module for First Responders, which is available on the Modern Slavery and Organised Immigration Crime (MSOIC) Unit website. All First Responders are encouraged to complete the training. The module can also be accessed by non-First Responders and covers:

• Overview • Identification • Explanation (engagement with the victim) • Refer

Access the module: https://policingslavery.co.uk/FirstResponderTraining/.