The Nationality and Borders Act 2022 (NABA), which went into effect in January 2023, increased the standard of proof for anyone wishing to be identified as a victim of modern slavery. As a result, the number of negative Reasonable Grounds (first stage) determinations for NRM referrals made by the IECA immediately increased sharply. Refusal rates decreased from the middle of 2023 as a result of a successful judicial challenge to the new threshold, but they settled at about 50%, which was significantly higher than they were prior to the NABA’s implementation. For Conclusive Grounds (second stage) determinations, the situation was much more drastic. 82% were positive in 2022. 70% were negative in 2023, and in the five months leading up to May 2024, this number rose to 80%.
The changes introduced by the NABA foster an atmosphere where victims’ accounts are viewed with scepticism. It deters people from coming forward at all.
There are concerns of there being fewer referrals to the NRM in the future. This would mean fewer investigations into crimes, fewer traffickers prosecuted, and fewer survivors protected.
Southwell & Partners specialises in advice on Modern Slavery law and representing victims of modern slavery. Should you require any advice in relation to the same please get in touch with the firm.
