Surge in Migrant Children Denied Trafficking Status to Stay in UK

New figures show 60 percent increase in refusals after introduction of slavery rules

Undated image of a child being brought ashore at Dover. Gareth Fuller/PA

The number of migrant children whose trafficking claims have been rejected by immigration enforcement has jumped by 61 percent, new figures reveal.

That’s despite little change in the numbers of under-17s identified as potential trafficking victims, latest modern slavery statistics reveal.

The hike in refusals follows the introduction of strict new rules under the Nationality and Borders Act 2022 in January.

According to Home Office quarterly data, 108 migrant children—most of Albanian origin—were referred to the UK’s system of identifying and recognising victims of trafficking— the National Referral Mechanism (NRM)—between April and June 2023.

Under the NRM, only specific bodies can refer an individual as a potential victim, such as local councils or the police.

Those identified as having insecure immigration status—including those detained or in the asylum process—are referred onto the Immigration Enforcement Competent Authority (IECA).

It then decides whether the individual referred has positive or negative conclusive grounds—and whether they can stay in the UK as a victim of trafficking.

Of the 108 children referred via the NRM last quarter, just 11 received positive decisions—while 97 were refused. However, in the previous quarter—where 66 under-17s were identified via the NRM—42 received positive decisions, while 24 were refused.

Decision Delays

According to the group Free Movement, the statistics show the “disastrous impact” the new border rules have had on the protection of modern slavery victims.

Overall, refusals at the first stage of the NRM for potential victims increased significantly.

Between April and June 2023, there were 1,348 negative reasonable grounds decisions for adults who had been referred—75 percent of the total decisions made.

This contrasts with the period October to December 2022, before sections of the new Act were put into force when 2,322 decisions were made and only 16 percent of those were negative.

In total, 3,998 potential victims of modern slavery were referred to the Home Office from April to June 2023.

The number of referrals is the lowest since January to March 2022, following a record high in the previous quarter.

Of the total figure, 756 were referred to the IECA with Albanian and Vietnamese nationals making up most of those referred.

The figures also show huge increases in delays for decisions.

The average number of days for a first decision to be made on a migrant’s case has risen from 19 to 30 days.

Known as a reasonable ground decision, it indicates whether or not immigration enforcement believes the individual to be a potential survivor.

Where a “positive” reasonable grounds decision is given, the individual then qualifies for a minimum 45-day reflection and recovery period.

During this time, the competent authority will gather information to make a final ‘conclusive’ decision on whether or not the individual is recognised as a survivor of modern slavery.

Statutory guidance states that where possible, reasonable grounds decisions should be made within five working days of the referral.

However, the waiting time for conclusive grounds for illegal immigrants has also increased, with those waiting up to 359 days for a ruling. Guidance states the wait should be no more than 45 days.

Home Secretary Suella Braverman arrives for a cabinet meeting at 10 Downing Street in London on June 20, 2023. Leon Neal/Getty Images

Illegal Migration Bill

The delay figures come after a think tank warned that thousands of illegal migrants will be stuck in limbo and in need of accommodation by a government-created “perma-backlog” under the newly passed Illegal Migration Bill.

In a report published on Tuesday, the Institute for Public Policy Research (IPPR) said that even if the Rwanda deal to remove those arriving in the UK illegally is ruled lawful, deportations are likely to be on a small scale—meaning arrivals will continue to outpace removals.

With no pathway to legal residency in the UK, the number of people in limbo could soar, according to the IPPR report.

Blocked from working, illegal migrants could remain reliant on costly long-term government support and housing—with costs estimated to exceed £6 billion a year from 2028.

The much-criticised bill—central to Prime Minister Rishi Sunak’s pledge to “stop the boats”—means rules for potential trafficking and slavery victims are set to become even tighter.

It will allow for the detention of children arriving in the UK by unauthorised means and contains the power to remove unaccompanied youngsters.

Those permitted to stay would be allowed to do so only until they turned 18 and would not be able to settle in the UK.

Mr. Sunak has previously responded to critics of the plans by saying children cannot be exempted as that could in turn create “a pull factor” for people to make the crossing.

He insisted children “will not be separated from families” and will be housed in “appropriate accommodation.”

In May, Home Secretary Suella Braverman told the Home Affairs Select Committee that women trafficked to the UK for sexual exploitation could face deportation under measures to tackle illegal migration.

Former Prime Minister Theresa May previously warned the Illegal Migration Bill to “stop the boats” could harm efforts to tackle human trafficking.

Ms. Braverman said victims “could claim an exemption,” but she stressed the need to tackle people “claiming to be victims of modern slavery when they patently are not” to thwart removal from the UK under the legislation.