Home Secretary criticised for comments on modern slavery claims

Home Secretary Shabana Mahmood has come under criticism for describing modern slavery claims made shortly before deportation as “last-minute vexatious claims.”

Her remarks followed a High Court decision halting the deportation of a 25-year-old Eritrean man under the UK’s “one in, one out” asylum policy.

Mahmood questioned why some migrants “suddenly decide” they are victims of modern slavery on the eve of removal.

However, legal experts and anti-slavery organisations say such claims often arise only after survivors access legal advice—something that is frequently delayed by the UK’s own immigration system.

The man in question had only been in the UK for a little over a month. Experts highlight that many victims are too traumatised or fearful to disclose abuse immediately, and may not even realise they have been trafficked until they speak to a trusted professional.

Potential victims of trafficking are referred to the National Referral Mechanism (NRM), the official framework for identifying and supporting survivors of modern slavery.

Referrals can be carried out by first responders, including the police, border force, local authorities and Home Office officials.

Though an initial “reasonable grounds” decision is meant to be made within five days, the Salvation Army reports an average wait of 47 days.

A final “conclusive grounds” decision took a median of 526 days in 2023.

Eleanor Lyons, the UK’s Independent Anti-Slavery Commissioner, told The Guardian:

“Victims of modern slavery have endured horrific exploitation at the hands of criminals. Many victims are fearful of their traffickers and speaking about their experiences.

“Often they do not recognise themselves as ‘victims’ and have been told by their exploiters that the authorities cannot be trusted or they fear violence or reprisals against their families.

“That is why trained professionals, such as police, immigration officers and NGOs are tasked with identifying potential victims of modern slavery, not the victims themselves. It often takes time for victims to disclose their exploitation because trauma, fear and control by traffickers run deep.”

Access to legal aid is also a major barrier and there is a shortage of legal aid lawyers.

In detention centres, just 30% of detainees had legal representation under the state-funded Detained Duty Advice Scheme (DDAS), according to research by the Jesuit Refugee Service.

Without legal support, many victims are unaware of how to raise a claim.

Zoe Bantleman, legal director of the Immigration Law Practitioners’ Association (ILPA), said:

“Without specialist legal representation and trusted professional interpreters, many people are unaware of their rights, unable to access justice and ultimately at risk of further exploitation.

“Rather than decrying claims made only days after receiving legal representation as vexatious, or reviewing laws intended to uphold the absolute prohibition on slavery, we recommend the government put its energy into fixing our broken legal aid system so that people receive the timely legal advice and representation to which they are entitled.”

CARE strongly rejects the implication that survivors of modern slavery make claims for the purpose of avoiding deportation.

In reality, delays in disclosure are often the result of trauma, fear of reprisal, and lack of timely access to legal advice.

CARE is deeply concerned that the current system leaves victims in prolonged limbo—uncertain of their legal status and unable to move forward with their lives.

The lengthy delays in processing claims compound the trauma already experienced and leave survivors vulnerable to further harm.

We continue to call for a compassionate approach that ensures victims of modern slavery are identified early, supported appropriately, and treated with dignity throughout the legal process.