The UK Home Office announced changes to its Modern Slavery Strategy on February 29, 2024, altering the definition of exploitation used to identify victims of trafficking. The revised guidance, outlined in a statutory guidance update, narrows the criteria for establishing “reasonable grounds” to believe someone is a victim of modern slavery, prompting concerns from anti-trafficking organizations that it could exclude individuals subjected to abuse similar to that perpetrated by Jeffrey Epstein.
The core of the change lies in the requirement for a demonstrable link between the exploitation experienced by a potential victim and the perpetrator’s financial gain or control. Previously, exploitation encompassing psychological harm, coercion, or abuse of power was sufficient to trigger a referral to the National Referral Mechanism (NRM), the UK’s system for identifying and supporting victims of modern slavery. The updated guidance emphasizes that exploitation must now be directly linked to economic benefit for the perpetrator.
“The new definition essentially requires a financial or commercial element to the exploitation,” explained Siobhan Mullally, a Professor of Law at University College London and a UN Special Rapporteur on trafficking in persons. “This is a significant departure from the broader understanding of exploitation that has been central to modern slavery legislation and policy.”
The Home Office maintains the changes are intended to focus resources on the most severe cases of modern slavery and to prevent the system from being overwhelmed by unfounded claims. A Home Office spokesperson stated that the revised guidance aims to “ensure the NRM is focused on supporting genuine victims of modern slavery and trafficking.” They added that the changes were made following a review of the NRM and are consistent with international standards.
However, critics argue the new criteria will disproportionately impact victims of labor trafficking, sexual exploitation, and other forms of abuse where the financial benefit to the perpetrator is not immediately apparent or easily provable. Concerns have been specifically raised regarding cases involving individuals groomed and abused for non-financial gratification, or where the exploitation is intertwined with complex psychological manipulation.
“This change is particularly worrying in the context of cases like Epstein’s, where the abuse was often about power and control rather than direct financial gain,” said Tamara Barnett, Head of Policy at the Human Trafficking Foundation. “The focus on financial exploitation ignores the reality that many victims are exploited for other reasons, and it creates a significant barrier to accessing support.”
The updated guidance also introduces a higher threshold for establishing “reasonable grounds” for believing someone is a victim. Previously, a referral to the NRM could be made based on a relatively low level of suspicion. Now, the guidance requires more concrete evidence of exploitation, potentially leading to fewer referrals and a reduction in the number of victims identified.
The changes come at a time when the UK’s approach to immigration and asylum has been under intense scrutiny. The government’s recent legislation aimed at deterring illegal immigration, including the controversial Rwanda plan, has drawn criticism from human rights organizations who argue it undermines the UK’s commitment to protecting vulnerable individuals. Some observers suggest the revised Modern Slavery Strategy guidance is part of a broader effort to tighten immigration controls and reduce the number of individuals claiming asylum on the basis of being victims of trafficking.
The Independent Anti-Slavery Commissioner, Andrea Carmichael, has publicly expressed her concerns about the changes, stating that they could “undermine the UK’s efforts to combat modern slavery.” Carmichael has requested a meeting with the Home Secretary to discuss the implications of the new guidance and to advocate for a more victim-centered approach.
As of March 4, 2024, the Home Office has not responded to requests for clarification on how the new guidance will be implemented in practice, nor has it provided any data on the potential impact of the changes on the number of victims identified and supported through the NRM. The next scheduled review of the Modern Slavery Strategy is not due until 2026, leaving anti-trafficking organizations to lobby for amendments to the current guidance in the interim.
