Referral into the NRM
Survivors who wish to formally assess whether their cases fit legal definitions of trafficking, triggering the State's responsibility to investigate, can refer their cases into the NRM via experienced and respected anti-trafficking NGOs.
Suspected trafficking survivors can get an Home Office decision on their trafficking status by referring into the NRM (National Referral Mechanism). This can only be done with survivors' consent, and is initiated by a designated first responder organization – including the police and certain NGOs. Survivors must be in the UK when the referral is initiated.
NOA is not qualified to offer assessments or advice on individual cases. However, we have partnered with the charity Unseen, which has been empowering and supporting survivors of trafficking since 2008.
Unseen (South West UK) and their partner NGOs Medaille Trust (Manchester, Halton, Hampshire, London, Swindon; Kent), BAWSO (Wales), and Migrant Help (Scotland) are willing to support survivors of exploitation at Fayed-controlled enterprises. These organisations can help survivors decide if they want to refer into the NRM and apply to have their cases recognised as trafficking by the Home Office.
What's the NRM for?
The National Referral Mechanism (NRM) is the UK system used to identify, support, and protect people who may be victims of modern slavery or human trafficking.
Its purpose is to make sure potential victims are recognised by authorities, given access to safe accommodation, healthcare, legal advice, and other support. Unless victims of trafficking are referred into the NRM, the Government cannot recognise that trafficking has occurred – or take action to investigate or prevent it.
In order for the Home Office to make a decision about your trafficking status, you will need to share information about your exploitation with them via the first responder handling your referral, as you may also do with the police. If you have reported to the police, your police files may be accessed by the Home Office.
The information you share will include information identifying you and the circumstances of your trafficking. This information is protected and cannot be accessed by parties outside the government. You can find out more here.
To get help to decide if this step is right for you, here’s what you need to do:
-
Review information on the NRM and first responding process. You can view the NRM prompt sheet here – this tells you what kinds of questions to expect.
-
Contact a First Responder local to you, this will be the faster route into the NRM. The police and all local authorities can act as first responders.
-
If for any reason you do not want the police or local authority to act as your first responder, you can utilize NGO first responders local. Please contact the organisation local to you from the list below.
-
BAWSO (Wales)
-
Migrant Help (Scotland)
-
Unseen (South West)
-
Medaille Trust (Manchester, Halton, Hampshire, London, Swindon, Kent)
-
For support outside of these areas, Unseen may be able to provide support subject to a wait list.
-
Modern Slavery Guidance
When considering whether and when to refer to the NRM, consider the following excerpts from the official Guidance on the Modern Slavery Act. All factors need not be present. Cases with trafficking characteristics may not be formally identified as trafficking, and each case is considered on its merits. We recommend that you discuss referral with one of the NGOs listed above and your legal team. Please note that some of these descriptions could be triggering.
Frequency of offence
MORE likely to be trafficking for sexual exploitation
Sexual offence has taken place multiple times and/or over an extended period
LESS likely to be trafficking for sexual exploitation
Sexual offence has taken place at a single point in time with little evidence that subsequent or similar instances of sexual offences have taken place thereafter
Number of offenders involved in offence
MORE likely to be trafficking for sexual exploitation
Sexual offence involves one or more offenders over an extended period
LESS likely to be trafficking for sexual exploitation
Little evidence that the individual would be further exploited by the same offender or those connected or known to the original offender
Patterns or trends
MORE likely to be trafficking for sexual exploitation
Patterns or trends that indicate evidence of human trafficking for sexual exploitation, such as evidence of previous criminality by the perpetrator or other victims with the same perpetrator
LESS likely to be trafficking for sexual exploitation
No evidence of any clear patterns or trends that indicate that the incident is connected to wider circumstances
Whether the offender profited monetarily, socially, or politically from the offence
MORE likely to be trafficking for sexual exploitation
The offender has profited from the sexual exploitation.
LESS likely to be trafficking for sexual exploitation
No or little evidence to show that the offender has profited from the sexual exploitation, as opposed to an isolated incident of, or threatened, physical intrusion of sexual nature, such as rape, or sexual assault.
Grooming
MORE likely to be trafficking for sexual exploitation
Built trust and a relationship across a power imbalance to manipulate for sex. This can be by members of a gang, or an individual.
LESS likely to be trafficking for sexual exploitation
No grooming related factors identified
Trafficking and the law
Under UK and international law, the Government and police must recognise individuals as potential victims of human trafficking where there are credible indicators of exploitation or control, regardless of whether a perpetrator is identifiable or prosecutable. Once such indicators are present, the duty to investigate is triggered and must be proactive and effective.
Trafficking investigations are required to go beyond individual suspects and examine wider networks, including recruitment pathways, patterns of abuse, premises, financial activity, and any institutional or regulatory failures that may have enabled the exploitation.
Failure to recognise victim status or to pursue these wider lines of inquiry may place the State in breach of its positive obligations under Article 4 of the European Convention on Human Rights, the Council of Europe Convention on Action against Trafficking in Human Beings, and its domestic statutory duties under the Modern Slavery Act 2015, including the obligation to identify, protect, and support victims of slavery, servitude, forced or compulsory labour, and human trafficking. Such failures may also engage the State’s duties under the Human Rights Act 1998 and relevant safeguarding and investigative obligations arising under UK public law.
Identification of trafficking – further guidance
While the legal definitions of trafficking for sexual exploitation are clearly defined under the Modern Slavery Act and preceding legislation, some areas of current policing and government guidance conflate Modern Slavery/Trafficking with Human Smuggling. This confusion has been highlighted as a concern by the Independent Anti-Slavery Commissioner (this report is worth reading).
NOA has submitted to the Home Office call for evidence on the identification of victims of modern slavery, which seeks to improve the modern slavery identification system.
