Guidance

Modern Slavery Victim Care Contract: assessing destitution (accessible)

Published 24 May 2024

Applies to England and Wales

Version 1.0

This document provides guidance on what support is available through the Modern Slavery Victim Care Contract to prevent destitution and when this support will be provided.

Purpose of this guidance

This guidance is for the Single Competent Authority (SCA) and The Salvation Army (TSA) as the prime supplier of the Modern Slavery Victim Care Contract (MSVCC). It should be used to determine when the MSVCC should provide support to an adult victim in England and Wales who has consented to receive support whilst in the National Referral Mechanism (NRM), solely to prevent them being destitute.

An individual may need MSVCC support solely to prevent destitution at various stages during their NRM journey including, on an emergency basis prior to a Reasonable Grounds (RG) decision, following a negative RG or Conclusive Grounds (CG) decision or following a Public Order or Bad Faith Disqualification.

This guidance explains when the MSVCC provides support solely to prevent destitution, how destitution is assessed and what support the MSVCC provides to prevent destitution.

This guidance only applies to non-detained adults in England and Wales who have consented to enter the NRM and to receive support. It should be read alongside the Modern Slavery Statutory Guidance.

Contacts

If you have any questions about the guidance or think it has factual errors, please email NRM Reform.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 1.0 published on 28 May 2024

Changes from the last version of this guidance

This guidance will be updated on a regular basis as required.

Background

The National Referral Mechanism (NRM) is the UK system for identifying potential and confirmed victims of modern slavery and ensuring they can access necessary support. Adults who are referred into the NRM by a First Responder can receive support if they consent to it. In England and Wales, support for adult potential and confirmed victims of modern slavery in the community is available via the Modern Slavery Victim Care Contact (MSVCC). The MSVCC also provides essential emergency support to individuals prior to a Reasonable Grounds decision, where necessary.

The MSVCC operates as a bridge, to lift adult potential and confirmed victims of modern slavery out of situations of exploitation and to set them on a pathway to rebuilding their lives by providing three pillars of support, on a needs-basis: secure and appropriate accommodation, financial support, and assistance from a support worker. Full details of the support available prior to a Reasonable Grounds decision and to potential and confirmed victims of modern slavery is available in Annex F of the Modern Slavery Statutory Guidance for England and Wales.

Support provided to prevent destitution

The Modern Slavery Victim Care Contract (MSVCC) provides essential support to prevent destitution where necessary and where individuals are eligible, to avoid a breach of an individual’s Convention rights, within the meaning of the Human Rights Act 1998 and Article 3 of the European Convention on Human Rights (ECHR).

If an individual requires MSVCC support solely to prevent destitution, depending on their individual circumstances, they will either be provided:

• Accommodation, and financial support to meet their essential living needs; or

• Only financial support to meet their essential living needs (where they do not require accommodation).

If an individual needs financial support to meet their essential living needs, the payable rates are the Essential Living Rate, child dependent payments and payments for pregnancy and maternity, which are set through Annex F of the Modern Slavery Statutory Guidance.

The Recovery Rate and support related to assisting recovery from modern slavery does not form part of the support provided to an individual who is only receiving MSVCC support to prevent destitution.

Provision of accommodation and financial support payments is subject to any qualifications as set out in Annex F of the Modern Slavery Statutory Guidance.

When support may be provided to prevent destitution

Modern Slavery Victim Care Contract (MSVCC) support solely to prevent destitution is only available to individuals in England and Wales who have consented to receive NRM support, in the following circumstances:

• On an emergency basis prior to a Reasonable Grounds decision. Where possible, a Reasonable Grounds decision should be made within five working days of the NRM referral.

• At the end of the up to 14 working day move-on period (provided a support extension request is submitted and agreed) following:

  • A negative Reasonable or Conclusive Grounds decision.

  • A disqualification from support through a Public Order or Bad Faith Disqualification (see Annex E of the Modern Slavery Statutory Guidance).

Deciding if the individual is destitute

Prior to a Reasonable Grounds decision

The Salvation Army determines whether an individual requires emergency support to prevent destitution prior to a Reasonable Grounds decision following Annex F of the Modern Slavery Statutory Guidance and this guidance.

At the end of an up to 14 working day move on period

The Single Competent Authority (SCA) decides whether an individual requires ongoing support to prevent destitution at the end of an up to 14 working day move-on period if a support provider requests an extension to support beyond the end of the move-on period. The decision is communicated through the extension request process outlined in the Modern Slavery Statutory Guidance. The SCA will only make this consideration if the support provider makes an extension request on behalf of the individual.

If the SCA determines that the individual would not be destitute at the end of the move-on period, ongoing support solely to prevent destitution will not be agreed, and the individual is required to exit support at the end of the move-on period.

If an extension request is not submitted, the SCA will not consider whether the individual requires further support to prevent destitution and the individual will be required to exit support at the end of the move-on period.

Destitution test

To determine whether an individual is destitute, or is likely to be destitute, the destitution test will be applied.

An individual is destitute, or likely to be destitute, if they:

• Do not have adequate accommodation, or any means of obtaining it; or

• Have adequate accommodation, or the means of obtaining it, but cannot meet their other essential living needs.

To determine if an individual meets this test and is, or would likely be, destitute, it is necessary to decide if they are either:

• Able to secure adequate accommodation and able to meet their essential living needs (for those seeking accommodation and financial support); or

• Able to meet their essential living needs (for those who have adequate accommodation and are only seeking financial support).

If any of the circumstances here apply, the individual will usually not meet the destitution test and MSVCC support will usually not be provided.

Circumstances where an individual will usually not be considered destitute

When determining if an individual meets the destitution test, it will be necessary to consider their individual circumstances.

If any of the below circumstances apply, the individual will usually not be considered destitute, or likely to be destitute, and Modern Slavery Victim Care Contract (MSVCC) support for the purposes of preventing destitution should not be provided or should cease at the end of the up to 14-working day move-on period.

Determining if an individual is destitute is primarily based on information they provide on their circumstances. If the Home Office needs more information to determine whether any of the below circumstances apply, consideration may be given to information available through the risk and needs-based assessment, the journey plan, the move-on support process (as outlined in Chapter 8 of the Modern Slavery Statutory Guidance) or Home Office systems. This could be if the individual is unclear on other support they can apply for or is not engaging with the move-on process, or where the Home Office has been provided incomplete or inaccurate information through an extension request.

It will not be necessary to consider these additional sources if sufficient information is already available to make a decision, for example through an extension request submitted to the Single Competent Authority.

The Salvation Army can request assistance from the Single Competent Authority if necessary to confirm an individual’s immigration status, solely to help determine their status with respect to an asylum claim and asylum support, or if they have recourse to public funds.

Circumstance	Explanation
They have the right to homelessness assistance including emergency and longer-term housing provided by local authorities.	Councils in England and Wales must help individuals who: · are legally homeless or are likely to become homeless within 56 days. · meet immigration conditions. · have a priority need. The Homelessness Reduction Act 2017 places duties on local housing authorities to take reasonable steps to try to prevent and relieve a person’s homelessness. These duties apply irrespective of whether a person has ‘priority need’ or may be regarded as being intentionally homeless. If the individual has priority need the council must secure accommodation for them; if they do not have priority need they must do what they can to try and help them find accommodation. A person who has been a victim of trafficking or modern slavery may have a priority need for accommodation if they are assessed as being vulnerable according to section 189(1)(c) of the Housing Act 1996. An individual may also be considered vulnerable as a result of old age, a mental illness or learning disability or physical disability. Other examples of individuals who have a priority need include pregnant women, those with dependent children and people homeless due to domestic abuse. A council must provide emergency housing if they think these conditions might be met whilst they are looking into the individual’s situation and attempting to help them find accommodation. A council must find the individual longer-term housing if they have not helped to end their homelessness within the 8 weeks, and conclude they owe the ‘main housing duty’. See the Homelessness Code of Guidance for local authorities for more information, including on eligibility for assistance.
They have recourse to public funds (for example they are British or have an immigration status which grants recourse to public funds).	Support to those with recourse to public funds is available through the welfare system. If an individual is staying in a hostel, they can claim benefits, or benefits can be used to secure adequate hostel, hotel, or private rental accommodation. You do not need a fixed address or a bank account to claim benefits. Individuals can ask for an advance payment of Universal Credit if they are in financial need whilst awaiting a first payment, for example if they cannot afford general living expenses. For more information see Applying for Universal Credit: information for homeless people
They have claimed asylum, have had an asylum claim declared inadmissible, or are a failed asylum seeker.	Asylum support is generally available for individuals in these circumstances who would otherwise be destitute.
They are receiving any form of asylum support.	Asylum support is provided to individuals who would otherwise be destitute.
They have been refused asylum support because they are not destitute.	Asylum support is only provided to individuals who would otherwise be destitute. If their circumstances change, they can re-apply for asylum support.
They are eligible for (or are receiving) support provided under Schedule 10 to the Immigration Act 2016.	Schedule 10 support may be available for individuals to help them meet immigration bail conditions. Accommodation and financial support are usually provided as a package. Schedule 10 support may also be provided to prevent a breach of an individual’s rights under Article 3 ECHR.
They can return to their country of origin or go to a safe third country.	See Ability to return to country of origin or go to a safe third country).
They are eligible for accommodation through The Community Accommodation Service (CAS).	CAS accommodation is available to individuals in the Criminal Justice System.
They are in employment or have another income or source of funds.	Individuals’ can use personal income to support themselves, including securing accommodation and meeting essential living needs. Benefits can also be claimed depending on how much the individual earns and other sources of funds (such as savings) they have.
They have family or friends to turn to for support.	Where the individual is living with friends or relatives, they will normally be required to explain why this is no longer available as an option.

Ability to return to country of origin or go to a safe third country

The Modern Slavery Victim Care Contract (MSVCC) provides support to prevent destitution where necessary to avoid a breach of an individual’s Convention rights, within the meaning of the Human Rights Act 1998. Article 3 of the European Convention on Human Rights (ECHR) is the prohibition on torture or inhuman or degrading treatment or punishment.

However, in cases where an individual who is not a British national and has no leave to remain in the UK is due to exit MSVCC support at the end of the move-on period and is able to return to their country of origin or go to a safe third country because there are no practical or legal barriers to do so and thus avoid the consequences of being left without shelter or funds, the situation is changed. This is because:

• There is no duty under the ECHR to support foreign nationals who are freely able to return home (see: R(Kimani) v Lambeth LBC [2003] EWCA Civ 1150).

• If there are no legal or practical obstacles to return home, the denial of support by a local authority does not constitute a breach of Human Rights (see: R (W) v Croydon LBC [2007] EWCA Civ 266).

A practical obstacle to departure would usually only exist if the individual is unable to leave the UK because they lack a necessary travel document but they are able to take reasonable steps to obtain one, or they are unfit to travel for a medical reason, because they are pregnant, or because they have a new born child less than six-weeks old. Legal obstacles could include outstanding applications with the Home Office for asylum or some other form of leave to remain, or outstanding appeals against a refusal of asylum or another form of leave to remain. In assessing whether there are any practical or legal obstacles to departure, the SCA should also refer to the guidance on assessing whether a practical or legal obstacle to departure exists, outlined in the Asylum support, section 4(2) policy and process guidance.

If there are no practical or legal obstacles to an individual being able to depart from the UK and they are not taking reasonable steps to do so, the Home Office is not obliged to agree to provide MSVCC support.

Generally, it is reasonable to expect a person who claims to be taking reasonable steps to leave the UK, including through an Assisted Voluntary Returns scheme, to be able to do so within 3 months.