Human trafficking survivors awarded lifeline support after legal challenge

Human trafficking survivors awarded lifeline support after legal challenge

An anti-human trafficking organisation has successfully legally challenged a Scottish Government policy, which left some trafficking survivors living on just over £6 per day.

The legal challenge by by law firm Just Right Scotland means the Scottish Government will now backdate payments and help potentially hundreds of trafficking survivors.

The government has also launched a review of its support system for victims of human trafficking, after the legal firm proved it had left some of those recovering from trauma living below the poverty line.

Just Right lawyers told The Ferret that support rates paid in England and Wales, which are based on a needs assessment, are higher, and that payments made for children there are not available in Scotland. Under international law governments must ensure that trafficking survivors are adequately supported.

The Scottish Government accepted it was wrong before the case was heard by a judge and conceded the case earlier this month. A government spokesperson told The Ferret it is “committed” to supporting trafficking survivors to “rebuild their lives”.

Trafficking on the rise

The number of people thought to have been trafficked has risen rapidly in recent years, with 920 adults and children in Scotland going through the Home Office’s process to officially identify victims of human trafficking or modern slavery in 2024.

The majority of human trafficking survivors are from the UK, however other common nationalities include Vietnamese, Chinese, Eritrean, Nigerian and Albanian survivors. Many are forced to work in the sex industry, cannabis cultivation or supplying drugs, or without being paid in car washes, nail bars, on farms or in domestic servitude. They are often subjected to verbal, emotional and physical violence that can have lasting and traumatic effects, and are vulnerable to be tracked down and re-exploited.

When people manage to escape trafficking they are entitled to a package of support to protect them from their traffickers while they recover and identify their next steps. This usually includes financial support and accommodation – either a “safe house”, flat or hotel.

In Scotland trafficking survivors are granted a “recovery” rate of financial support of £74.75 a week (when self-catering rather than in a hotel) while they go through the process of being recognised as a survivor. After being recognised as such, they can start seeking work if they have permission to stay in the country, claiming benefits if necessary. Others might claim asylum and be entitled to asylum support.

However Just Right Scotland found that after 90 days trafficking survivors in Scotland were having their support rate cut almost in half, regardless of whether they were still in the process of being recognised as a survivor.

The law firm’s successful legal case was based on the experience of a Turkish family it had been supporting with an eight-year-old son. The mother and family had both been forced to work without pay, and forced into criminality, despite coming to Scotland on skilled work visas.

We were dealing with the trauma of what happened to us and nothing was going right, so it felt like we were trapped in an endless circle of despair.

Alara, trafficking survivor

When they appealed to their employer to address the “unbearable” work conditions he ended the employee sponsorship required and kicked them out of the accommodation provided as part of the agreement. He had not paid them for any work done.

The Home Office has since accepted that there are “reasonable grounds” to believe they have been trafficked – the first stage in the trafficking identification process – but the family is still waiting for its final – or “conclusive” – decision.

Yet though the process was not complete the family’s support was cut from £149.50 to £87.94 per week after 90 days, leaving them struggling to afford essentials for their young child. Lawyers argued that if the family had been supported in England or Wales, they would have been receiving around £195 each week – more than double the Scottish total – which includes around £73 per parent and around £49 for their child.

Alara, as we have agreed to call the Turkish mother, said she and her husband sought assistance from authorities because they had “nowhere else to go”. But when the weekly allowance offered was cut almost in half she was left struggling to afford food.

“We were always searching for work but we were unable to find anything at the time because I was only permitted to do very specific jobs,” she explains, due to the terms of her visa. “We were also dealing with the trauma of what happened to us and nothing was going right, so it felt like we were trapped in an endless circle of despair.”

If we want victims to come forward to report their experiences so that we can bring traffickers to justice, we need to make sure that we treat them with dignity and respect. This includes making sure that at a minimum, their basic needs are met.

Anushya Kulupana, Just Right Scotland

The Scottish Government has now agreed to increase their payments to the higher rate while they complete the process. Alara said she was delighted about the difference it would make for her family but also “overjoyed that we could help other families in similar situations too”.

Just Right Scotland solicitor Anushya Kulupana, who represented the family, said: “This was all about making sure that victims of trafficking and other forms of modern slavery in Scotland are at least provided the basic minimum of what the law says they need to help them start on the long journey towards recovering from their traumatic experiences.

“If we want victims to come forward to report their experiences so that we can bring traffickers to justice, we need to make sure that we treat them with dignity and respect. This includes making sure that at a minimum, their basic needs are met.”

A spokesperson for the Scottish Government said it could not comment on individual cases. However they added: “We are committed to identifying trafficking victims and to supporting them to rebuild their lives.

“A review of victim support is currently being undertaken. As part of this review, consideration will be given to what is happening in other parts of the UK. The policy on support which is determined following this review will be published to provide clarity on how decisions are made around support.”

The Scottish Government’s latest human trafficking and exploitation strategy was launched today.

Image thanks to iStock/Motortion

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