Skip to main content
Shelter Logo
England

Accommodation for victims of trafficking and modern slavery

Different types of support are available to people who are victims of trafficking or modern slavery.

This content applies to England

Human trafficking and modern slavery

Human trafficking is when a person is moved from one place to another in conditions of exploitation.[1] The reasons for trafficking include carrying out forced labour, or domestic servitude.

Modern slavery is the recruitment, movement, harbouring or receiving of children, women or men through the use of force, coercion, abuse of vulnerability, deception or other means for the purpose of exploitation.

Human trafficking and Modern slavery are criminal offences under the Modern Slavery Act 2015.

Eligibility for homelessness assistance

Confirmed victims of human trafficking or modern slavery can be granted limited leave to remain under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules. Someone with this type of leave is eligible for homelessness assistance.[2]

Previously victims of human trafficking or modern slavery could be given limited leave to remain outside the rules. They were eligible if their leave allowed access to public funds.

A victim of trafficking or modern slavery who applies as homeless might have a priority need if they are vulnerable.

Chapter 25 of The Homelessness Code of Guidance has further information on modern slavery and trafficking.

Accommodation under the Care Act or Localism Act

An adult victim of trafficking who is not eligible for assistance under homelessness legislation may apply to a local authority for assistance under the Care Act 2014 or under the Localism Act 2011. Even if the person is excluded from this kind of support, they may be entitled to assistance if a failure to provide it would result in a breach of their human rights.

Before 1 January 2021, a statutorily excluded person could assisted under the Localism Act or Care Act if a failure to do so would result in a breach of their rights under EU Treaties.[3]

In one case, a local authority conceded it was not prevented from using its residual powers under the Localism Act to provide support and accommodation to an EEA national trafficked into the UK, who could only meet her basic needs by engaging in prostitution, because a failure to assist her would breach article 3 or article 4 ECHR, or her EU Treaty rights[4]

Victims of human trafficking and modern slavery may require immigration advice, which can only be provided by a regulated immigration adviser. Depending on the person's immigration status and personal circumstances, other options of securing accommodation may be available.[5]

National Referral Mechanism

In response to its obligations under the EU Anti-Trafficking Directive,[6] in 2009 the UK government set up the National Referral Mechanism (NRM). NRM is a framework for identifying and supporting victims of human trafficking.

The conditions for making a referral to the NRM and the procedure which the NRM follows when making its decision are set out in the National referral mechanism guidance: adult, and also in Victims of modern slavery: guidance for frontline staff. The government has produced separate guidance for child victims.

Only certain agencies (known as 'first responders') may refer an individual to the NRM. They include:

  • police forces

  • local authorities

  • UKVI

  • Salvation Army

  • Barnardos

If there are reasonable grounds for believing an individual is a potential victim of human trafficking, the potential victim will, if required, be:

  • allocated a government-funded place within a safe house

  • granted a 45-day 'reflection and recovery' period – this can be extended

The NRM issues a 'conclusive grounds' decision, usually as soon as possible following the 45-day reflection and recovery period. An adult who receives a positive conclusive grounds decision can apply for discretionary leave to remain.

The Home Office's Victims of human trafficking: competent authority guidance states that discretionary leave should be granted for at least one year if an adult with a positive conclusive grounds decision will be cooperating in a police investigation into the trafficking (in which case the police must make the application), and is otherwise at the discretion of the Home Office depending on the victim's personal circumstances. Alternatively the victim may be assisted to return to their country of origin.

The support provided should adhere to the Slavery and Trafficking Care Standards produced by the Human Trafficking Foundation (a cross-agency organisation which supports charities and other agencies) as the government has committed to including these in contracts with support providers.

A person who is not recognised as a victim of trafficking may remain in the UK subject to immigration status or may receive assistance to return to their country of origin.

Claiming benefits when privately renting

A single claimant who is under the age of 35 and has no dependants is usually subject to the shared accommodation rate when working out universal credit or housing benefit entitlement for private rental costs. Their benefit is based on the broad rental market area rate for a room in a shared house in the area where they are living.

There are a number of exemptions to when the shared accommodation rate applies.

Exception for survivors of modern slavery

From 1 October 2022, a claimant under 35 will not have the shared accommodation rate applied to them if they are a survivor of modern slavery.[7]

To qualify for this exception, both of the following must apply:

  • they have been referred to the National Referral Mechanism (NRM)

  • they have received a positive conclusive grounds decision

Universal credit claimants who qualify for this exemption are entitled to the one bedroom Local Housing Allowance (LHA) rate. This is regardless of the accommodation they live in and applies even if they are living in shared accommodation.

Housing benefit claimants who qualify for this exemption are entitled to the one bedroom LHA rate if they have either:

  • exclusive use of at least two rooms (counting only bedrooms and living rooms, and regardless of whether other rooms are shared)

  • exclusive use of one room and a bathroom, toilet, and kitchen (or cooking facilities)

Housing benefit claimants who qualify for this exemption and only have exclusive use of one bedroom in shared accommodation are subject to the shared accommodation LHA rate, unless they also qualify for the severe disability premium.[8]

To qualify for the severe disability premium, no one can be receiving the carers allowance or the carers element of universal credit in respect of the claimant and the claimant must be entitled to either:

  • the daily living component of personal independence payment (PIP)

  • the care component at the middle or highest rate of disability living allowance (DLA)

  • armed forces independence payment

Impact of the UK leaving the EU on application of the EU Anti-Trafficking Directive

From 1 January 2021, the UK is no longer bound by EU law. Domestic legislation and policy guidance continue to apply, including the Modern Slavery Act.[9] The National Referral Mechanism remains in place.

Resources for advisers

The Independent Anti-Slavery Commissioner provides more information. This includes an Adult Modern Slavery Protocol for local authorities with details of:

  • definitions and indicators

  • guide to statutory duties and powers

  • NRM process guide and referral pathway

Last updated: 30 January 2023

Footnotes

  • [1]

    Art. 4 Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950; reg. 2 and 3 Slavery and Human Trafficking (Definition of Victim) Regulations 2022/877.

  • [2]

    reg 5(1)(p) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 SI 2006/1294 as inserted by reg 2 The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 4) Regulations 2022 SI 2022/1371.

  • [3]

    see the amendment to para 3 Sch.3 Nationality, Immigration and Asylum Act 2002 implemented by reg 13(4)(a) The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 SI 2020/1309.

  • [4]

    AK v Bristol CC CO/1574/2015 16 November 2015, p.45 Legal Action February 2016.

  • [5]

    see, for example: R (on the application of ZV) v Secretary of State for the Home Department [2020] EWHC 3562 (Admin).

  • [6]

    European Directive on Preventing and Combating Trafficking in Human Beings (2001/36/EU).

  • [7]

    sch 4, part 4, para 29(9C) Universal Credit Regulations 2013/376, and reg 2(1) Housing Benefit Regulations 2006 SI 2006/213 as amended by the Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations 2022/942.

  • [8]

    reg 13D Housing Benefit Regulations 2006/213; HB Circular A6/2022.

  • [9]

    see the response to the Question for Home Office UIN HL1945 about plans to incorporate EU Directive 2011/36/EU into domestic law, tabled on 26 February 2020, answered on 11 March 2020 by Baroness Williams of Trafford, the Minister of State at the Home Office.