1. Accommodation and support under the NRM

2. Accommodation and support under the National Referral Mechanism (NRM)
Key legislative provisions and guidance:
Article 12 of the Anti-Trafficking Convention
Article 11 of the Anti-Trafficking Directive 2011/36/EU
Victims of modern slavery – Competent Authority guidance
The UK is under an obligation Article 12 of the Council of Europe’s Anti-Trafficking Convention and Article 11 of the EU’s Anti-Trafficking Directive 2011/36/EU to provide support and assistance to victims of trafficking.
The Home Office is one of the two Competent Authority’s which is responsible for providing support and assistance to some victims of trafficking. It has produced Victims of modern slavery - Competent Authority Guidance.
The Competent Authority’s Guidance should be read alongside the Anti-Trafficking Convention and Directive. There may be inconsistencies between the Guidance and the Convention and Directive. Do not assume that the Guidance is the final word on support for victims. It might be possible to rely on more generous provisions within the Convention and Directive

3. Article 12 Anti Trafficking Convention: assistance to victims
Purpose: To assist victims in their physical, psychological and social recovery
Assistance should include, as a minimum:
Appropriate and secure accommodation
Psychological and material assistance
Translation and interpretation services
Counselling and information regarding legal rights (in a language they understand)

4. Article 11 Directive: assistance and support for victims of trafficking in human beings
Timeframe
‘Before, during and for an appropriate period of time after the conclusion of criminal proceedings’
As soon as the Competent Authority has a reasonable-grounds indication for believing the person might have been trafficked
Assistance and support is not conditional on a victim’s willingness to cooperate in a criminal investigation, prosecution or trial

5. Article 11 Directive: assistance and support for victims of trafficking in human beings
Article 11(5) sets out minimum standards which must be capable of ensuring victims’ subsistence
It suggests:
The provision of appropriate and safe accommodation
Material assistance
Necessary medical treatment including psychological assistance
Counselling and information
Translation and interpretation services
Provided on a consensual and informed basis

6. The recovery and reflection period
The Competent Authority’s guidance sets out how the NRM operates:
Support is provided to ‘potential victims of human trafficking’ who request it (ie. those with positive Reasonable Grounds (RG) decision
If an individual is destitute support may be provided from the day of referral
The Anti-Trafficking Convention says that support should be provided for a minimum of 30 days but the Guidance says 45 days must be provided if there is a positive RG decision and the victim wants support
The guidance says that the Conclusive Grounds (CG) decision should generally be made after 45 calendar days but it can often take longer.

7. Extending the 45 days
A request for an extension can be made where an individual’s circumstances mean that they need more than the 45 days to recover and reflect (p Competent Authority’s Guidance)
The guidance sets out the following ‘likely reasons for an extension’:
Serious health issues;
Severe mental health issues (incl. PTSD); or
High levels of victim intimidation.
Delays in making a CG decision are not included as a reason to grant an extension. However, in practice, requests to extend have been granted on the basis that the Guidance states at p.94 that “[d]elaying the conclusive decision unnecessarily may have consequences for the wellbeing of the victim, and for the UK in terms of support costs.”
Potential victims of trafficking are routinely told to apply for National Asylum Support Service (NASS) accommodation rather than having their support extended. Without a CG decision it may be possible to extend the NRM accommodation and support, which may be more appropriate than NASS accommodation.

8. What is appropriate and secure accommodation?
What is appropriate will depend on the individual
Article 11(7) Directive requires the UK to attend to victims with special needs, including: pregnancy, health, disability, a mental or psychological disorder, or where they have suffered a serious form of psychological, physical or sexual violence.
Considerations might include:
Single sex accommodation
Geographical location
Access to counselling and support network and where a move away from the area where they are will disrupt specialist counselling and/or psychological treatment
Equally some victims may need to be moved some distance away from ‘danger areas’
Single room accommodation
Higher level of support required.

9. Losing NRM accommodation
Negative reasonable and conclusive grounds decisions
Little notice is given before support is terminated following negative reasonable or conclusive grounds decisions
An individuals may receive as little as two days’ notice following a negative reasonable or conclusive grounds decision
Victims receiving a positive conclusive ground decision will only usually receive 14 days’ notice
Those individuals who have claimed asylum can apply for asylum support accommodation if their NRM accommodation is terminated.

10. Challenging negative decisions
Judicial Review and interim relief
A negative reasonable grounds or conclusive grounds decision or a refusal of a residence permit can be challenged by way of Judicial Review.
The time limit is three months from the date of the decision being challenged.
It is possible to make an urgent application to the High Court seeking an order that accommodation and support be provided until the claim for judicial review is considered. This is called an application for interim relief and will usually be made at short notice.

11. Accommodation for those who are found not to be victims of modern slavery
Non-asylum seekers
Adults with children or social care needs can apply to social services for support if they are homeless and destitute
To qualify for support from social services the adult will need to:
Have a child in their family or household, or
Be disabled, elderly or suffering from long term serious illness, or
In need of care and attention for some other reason.
For those ineligible for support, social services will provide the minimum necessary to avoid a breach of human rights. This can be return to country of origin unless this is impossible for the individual.

12. Support after a positive Conclusive Grounds decision
EEA nationals
Article 11 Trafficking Directive imposes a legal duty to support victims where necessary post conclusive recognition under NRM pending any determination of discretionary leave to remain. There is a recent case supporting this.
It may be important for victims who are EEA nationals to apply for a Residence Permit so that they can continue to access accommodation.
It may be possible to access accommodation from the local authority but they should seek legal advice.

13. Accommodation for asylum seekers

14. Asylum support Section 95 1. Asylum support for asylum seekers
2. Cash and accommodation
Section 98
Emergency support provided pending a full Section 95 decision
Section 4
Failed asylum seekers may be accommodated under this provision while waiting for a fresh claim to be accepted

15. Applications for asylum support
Support and accommodation will be provided to asylum seekers who are destitute
Asylum seekers can apply for asylum support using Home Office form ASF1
The Home Office will provide s.98 accommodation and/or support to someone who ‘may’ be destitute while their application for asylum support is considered.

16. Asylum support: s. 95 support
What is provided?
The Home Office will provide, or arrange for someone else to provide, accommodation and/or support for asylum seekers and their dependents, where they are destitute.
Support consists of the the Home Office providing each person in their family with £36.95 per week. Additional payments are made to:
Pregnant women - £3 per week
Those with babies under one - £5 per week. Where an asylum seeker has a baby under one, they will be given an additional £5 per week. Those with children between the age of one and three receive an additional £3 per week.
Eligibility
The individual must be:
An asylum seeker or a dependant of an asylum seeker and
Destitute or becoming destitute in 14 days.

17. Asylum support: s. 95 support
Destitution
An asylum seeker is destitute if:
S/he does not have adequate accommodation or means of obtaining it; or
S/he has adequate accommodation but cannot meet other essential needs. In these circumstances, the asylum seeker will be granted subsistence only support.
When making a decision on whether someone is destitute the Home Office will take into account any income, support or assets that the person might reasonably be able to access. Only the following are classed as assets:
Cash
Savings
Investments
Land
Cars or other vehicles
Goods held for the purpose of trade or other business.

18. Asylum support: dispersal
Accommodation is usually allocated on a no choice basis. As a general rule it is provided outside of London and the South East of England. However, the Home Office’s policy on the allocation of accommodation states that Home Office officials must consider all requests to be allocated accommodation in London, the South East or another specific location. The guidance states that:
All requests should be considered on a case by case basis, balancing the overarching principle that accommodation is offered on a no choice basis against the strength of the exceptional circumstances that might make it appropriate to agree to the request to provide accommodation in a particular location.
Requests to remain in London or the South East should be supported by evidence

19. Asylum support: dispersal
The guidance sets out a number of circumstances where accommodation may be provided in a particular location:
Freedom from Torture/Helen Bamber Foundation Persons who have been accepted for treatment or who are receiving treatment from either organisation should be provided with accommodation as close as possible to the treatment centre.*
Medical treatment The Home Office will normally disperse someone who is receiving medical treatment unless the move would disrupt the medical treatment.
Disability The guidance states that consideration should be given to not dispersing someone away from London or the South East where there would be an unreasonable disruption of any treatment or assistance to cope with the disability or where they are receiving assistance and support from a local authority.
*Where a person is seeking support from the Home Office for the first time and has an appointment with either organisation for an assessment, the Home Office should consider deferring the decision about where to accommodate and continue providing support under s.98 until the assessment has been completed. The guidance states that if a person is receiving treatment in London, they should be accommodated within Zones 1-6. If the person is receiving treatment in one of Freedom from Torture’s regional centres, they should be accommodated within one hour of it.

20. Asylum support: dispersal
Family ties The Home Office must consider whether any dispersal will interfere disproportionately with a person’s right to a family life.
Education If a person has a child with special educational needs and has a place at an appropriate school, they should not be moved away from it unless there is another school that can provide the same services. The guidance states that the Home Office will only normally temporarily grant accommodation in a requested area where a child is in the final year leading up to GCSE, Scottish Highers, AS or A-Level exams. However, any decision to disperse a family where a child is in education may be challengeable.*
Religion The Home Office should take into account requests to be placed within a reasonable travelling distance of a place of worship.
*This is because the Home Office is under an obligation to take into account the need to safeguard and promote the welfare of children in the UK. The child’s best interests is a primary consideration although not the only consideration. The guidance states that fair treatment must meet the same standards as for a British child. The Supreme Court held in a recent homelessness case that it was not enough just to consider whether the child is approaching GCSEs or other examinations. The decision maker needs to have regard to the need to promote as well as to safeguard the child’s welfare.

21. Asylum support: appropriate accommodation
It is possible to challenge unsuitable asylum accommodation. There may be additional arguments where the individual has a positive conclusive grounds decision.
E.g. geographical location; single sex environment; own room; additional support.

22. Continuation of support services for victims of modern slavery
S.4 Support In certain circumstances, the Home Office can provide accommodation and support to an asylum seeker whose application for asylum has been refused.
The individual must be destitute or becoming destitute in 14 days or satisfy one of the following criteria:
S/he is taking all reasonable steps to leave the United Kingdom
S/he is unable to leave the UK due to a physical impediment to travel or some other medical reason
S/he is unable to leave the UK because there is currently no viable route of return available
S/he has made an application for judicial review in relation to his asylum claim and permission has been granted
The provision of accommodation is necessary for the purpose of avoiding a breach of a person’s Convention rights.*
* This may include circumstances where someone has made further submissions to the Home Office or where their solicitors are taking steps to judicially review a decision to refuse to grant leave to remain.

23. Legal aid

24. Legal aid for housing and support
There are less restrictions placed on legal aid for housing and support issues than for immigration cases.
Legal aid is usually available for housing advice where an individual is homeless or facing homelessness.
Legal aid is not available for completing an application form for asylum support. It is available if legal advice and/or legal representations are required with the application.
Examples: a case where the individual should not be dispersed; or where a potential victim wishes to extend their NRM support rather than applying for asylum support.
It is subject to a means and merits test