The High Court has ruled that a Home Office policy restricting protections for trafficking victims is unlawful, in a significant victory for campaigners and survivors of modern slavery. The judgment, handed down on Friday, found that the policy introduced in 2022 unlawfully narrowed the criteria for granting temporary leave to remain and access to support services for victims of trafficking.
Policy Details and Legal Challenge
The policy, known as the 'conclusive grounds' guidance, required victims to prove they had been trafficked for the purpose of exploitation, rather than simply being a victim of trafficking. It also imposed tighter deadlines for applying for leave to remain. The challenge was brought by the charity Anti-Slavery International and three individual victims, who argued that the policy breached the UK's obligations under the Council of Europe Convention on Action against Trafficking in Human Beings.
Court's Findings
In her ruling, Mrs Justice Lang said the policy was 'unlawful and must be quashed'. She stated that the Home Office had misinterpreted the convention and imposed 'unnecessary and disproportionate' requirements on victims. The judge noted that the policy had led to a significant drop in the number of victims granted leave to remain, from 70% in 2021 to just 30% in 2023.
Impact on Victims
Campaigners welcomed the ruling, saying it would restore protections for some of the most vulnerable people in society. According to Anti-Slavery International, the policy had left many victims destitute and at risk of re-trafficking. 'This is a landmark victory for survivors,' said the charity's director, Kate Roberts. 'The Home Office must now urgently revise its guidance to comply with the law and ensure victims receive the support they are entitled to.'
Government Response
A Home Office spokesperson said the government was 'disappointed' with the ruling and would consider its next steps. 'We remain committed to supporting victims of modern slavery and will carefully review the judgment,' the spokesperson said. The ruling is expected to have implications for hundreds of pending cases and could force the Home Office to reassess its approach to trafficking protections.
