Trafficking victims being turned down for compensation in ‘horrendous failing’

Trafficking victims are being turned down for compensation in a “horrendous and clear failing”, the anti-slavery commissioner has said, after new figures showed how few people can access support.

Data from the charity After Exploitation suggests that trafficking victims are unlikely to receive compensation through the government’s scheme for victims of violent crime.

Figures they obtained from the Criminal Injuries Compensation Authority (CICA) show that less than five non-UK nationals were awarded any financial compensation between 1st January 2023 and 20th June 2024.

Over 8,000 people were assessed as being a victim of modern slavery in 2023 after applying to the Home Office for help.

Anti-slavery commissioner Eleanor Lyons said the data demonstrated a “horrendous and a clear failing”. She added: “They deserve and are entitled to compensation and more must be done to ensure they can access it. This is critical to their recovery, and preventing re-exploitation that we know can occur when victims have insufficient means to rebuild their lives”.

Baroness Newlove, the victims’ commissioner for England and Wales, said that it was vital that the compensation process delivered for victims.

She added: “I hope this report will prompt the government to look carefully at the barriers victims of modern slavery face when trying to claim compensation and how they might be overcome.”

The Compensation Authority only record whether an applicant is a victim of trafficking if they are not a British citizen or do not fulfil other criteria, such as being a EU national or the close relative of a member of the armed forces. British nationals made up 25 per cent of suspected modern slavery victims last year. The majority of victims will be foreign nationals who have been brought to the UK for exploitation.

Only 23 of these people applied for compensation as victims of trafficking from 1st January 2023 to June 2024, the statistics shows.

According to the data from charity After Exploitation, nine of these cases were turned down for compensation because the abuse did not amount to a “crime of violence”. This is defined in the guidelines as a physical attack, a sexual assault, arson or a threat against a person.

Seven people who applied for compensation in 2021 have yet to receive a decision, freedom of information data showed. Thirteen people who applied in 2022 are also waiting.

Charity After Exploitation said a lack of legal aid was stopping victims from being able to apply for compensation and called Home Office case workers to tell each victim that they can apply for financial help.

The Compensation Authority requires a high-level of evidence from each applicant, which realistically can’t be provided without a legal professional.

One solicitor who helps survivors of modern slavery to apply to the scheme, Jamila Duncan-Bosu, said: “We spend a lot of time preparing these applications. For example we may take a detailed witness statement from the client. We may need to wait for them to be assessed by a psychologist, in order to prepare a medico legal report to demonstrate they have an injury as defined by the scheme, or that there is a reason why they could not make an application earlier.”

The anti-slavery commissioner has previously reported that between 1 January 2012 and 28 February 2020 only 54 out of 283 applications to the Criminal Injuries Compensation Authority were awarded compensation in England and Wales.

A government spokesperson said: “We are committed to tackling all forms of modern slavery and ensuring that victims are provided with the support they need to begin rebuilding their lives.

“We will consider the findings of this report and explore opportunities to enhance the scheme.”