ICIBI Report highlights concerns about the quality of the Home Office decisions on modern slavery

A new report by the Independent Chief Inspector of Borders and Immigration (ICIBI) has raised important concerns regarding the Home Office’s handling of modern slavery claims through its Immigration Enforcement Competent Authority (IECA).

Established in November 2021, the IECA’s role is to determine whether foreign nationals are victims of modern slavery and eligible for support under the Modern Slavery Act 2015.

The ICIBI’s findings highlight that the quality of decisions has suffered due to an overemphasis on speed rather than detail and accuracy. This is particularly concerning given recent legislative changes, such as the Nationality and Borders Act 2022 and Illegal Migration Act 2023, which have increased the burden of proof for applicants seeking recognition as victims of modern slavery.

The report reveals a sharp rise in negative decisions: Conclusive Grounds outcomes fell from 82% positive in 2022 to 70% negative in 2023, which is partly linked to evidence gaps and rushed decision-making, especially under the pressure to meet the Government’s priorities, such as the removal of Albanian nationals. Stakeholders also pointed to delays in training and insufficient access to vital information, without which decision-makers are frequently required to make informed decisions.

Additional challenges include under-resourced safeguarding, poor workforce planning and a lack of access to legal aid. Many potential victims find themselves disadvantaged without adequate legal representation, weakening their ability to navigate the system.

The ICIBI made seven recommendations to address these issues, all of which the Home Office has accepted. While acknowledging successes like clearing its backlog and creating a positive working environment, the Home Office will need to implement meaningful reforms to ensure fair and accurate decision-making that prioritises safety of vulnerable individuals.

Updated: 20 December 2024

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