The UK High Court ruled on Thursday that Secretary of State for the Home Department Suella Braverman must not exercise her new powers to restrict protection and support of victims of modern slavery without first considering the risks of re-trafficking. As a result of the ruling, potential victims of modern slavery who are facing trial will not have their government support removed until after the government conducts a proper evaluation of their risk of re-trafficking.

The decisions follows the introduction of a Public Order Disqualification policy in January, located under Section 49 of the Statutory Guidance on Modern Slavery. Nationals from Vietnam, Romania and Poland filed a legal challenge against the policy, arguing that it was discriminatory and violated the human rights of potential victims of modern slavery under Article 4 of the European Convention on Human Rights.

The High Court ultimately agreed with the claimants. The court found that the policy infringed upon the rights of potential victims and could leave them vulnerable to further exploitation.

Advocates for human rights regarding modern slavery consider this ruling as a significant victory and hope it will draw greater attention to the unique vulnerabilities faced by these victims in the criminal justice system. The outcome of the case also raises concerns about the potential for individuals to be overlooked without proper support and protection in place. These insights further call for increased efforts to effectively combat modern slavery and safeguard those affected by it.

Braverman now has 30 days to review the policy and ensure that a proper assessment of re-trafficking risks is conducted before removing support from potential victims of modern slavery facing trial. At the same time, Braverman is involved in working to pass the Illegal Immigration Bill into law, which also poses potential risk to victims of modern slavery.