Judicial Review
If a public body acts outside of their power or make an unlawful decision, you can challenge them through the judicial review process.
Victims of Trafficking and Modern Slavery Solicitors
At Irwin Mitchell, our Trafficking, Unlawful Detention and Migrant Rights team can help ensure that the state is held accountable for unlawful decisions and assist individuals secure access to the support, protections and redress that they deserve.
We advise and assist individuals who have been referred into the National Referral Mechanism (NRM), individuals who have been unlawfully detained by the state, and individuals who have received age assessment decisions.
We assist individuals in bringing judicial review challenges against public body decisions, and assist in civil claims for compensation, including human rights breaches.
What is human trafficking?
Article 4 of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) defines trafficking as:
“Trafficking in human beings shall mean the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”
There are several types of exploitation, including:
- Sexual exploitation
- Forced labour
- Forced criminality
- Domestic servitude
Support for victims of trafficking and modern slavery
An individual may be identified as a potential victim of trafficking or modern slavery and then referred into the National Referral Mechanism (‘NRM’) for an assessment as to whether they are to be recognised as a victim of trafficking or modern slavery. This is a two-stage process, whereby an individual can receive a reasonable grounds decision and then go on to receive a conclusive grounds decision.
While awaiting NRM decisions, a potential victim of trafficking is entitled to support via the Modern Slavery Victim Care Contract (‘MSVCC’), including accommodation, financial support, practical help accessing services and legal advice. This support can continue as necessary once an individual is recognised as a victim of trafficking or modern slavery.
An individual who is recognised as a victim of trafficking or modern slavery, and has a positive conclusive grounds decision, may also be entitled to Temporary Permission to Stay for Victims of Human Trafficking and Slavery (‘VTS’).
We are able to assist with bringing judicial review challenges against the Home Office for negative NRM decisions, refusal to grant VTS and decisions related to MSVCC support.
For enquiries relating to UK immigration law and visas, take a look at our Personal Immigration and Business Immigration pages.
What is an age assessment?
Individuals, in particular unaccompanied asylum-seeking minors, who arrive in the UK without documentation may be subject to an age assessment if the authorities have disputed the age that an individual states to be.
The outcome of an age assessment may impact the types of support available to the assessed individual.
We are able to assist in bringing judicial review challenges against both the Home Office and Local Authorities for age assessment decisions.
Find out more about age assessments in our article, AI and Age Assessments: A remedy or reinforcement of the Home Office’s troubled age assessment record?
Frequently asked questions about trafficking claims
Our Trafficking, Unlawful Detention and Migrant Rights solicitors have the expertise you need to build a strong case and will fight to get you the justice you deserve. We are passionate about our work, and we work with sensitivity and respect.
Our team is headed by Sarah Collier, who is ranked in Chambers and Partners as an ‘Associate to Watch’ and as a key lawyer in Legal 500.
The team is featured in both Chambers and Partners and Legal 500 legal directories for handling “a wide range of human rights issues, with specialists handling cases involving the police, prison services, and immigration authorities” (Legal 500), and the team is recognised for its “particular areas strength within the field of civil liberties and human rights include… actions against the police and challenges to policy” (Chambers and Partners).
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