Support for adult victims of trafficking and exploitation - guidance: consultation analysis
Analysis of responses to a public consultation which sought views on guidance that outlines support available to adult victims of human trafficking and exploitation in Scotland.
13. Question 11 – Information on Compensation
Question: Does the guidance set out clearly information on compensation for adult victims of human trafficking?
| Respondent type | Yes | No | Undecided | Not Answered | Total |
|---|---|---|---|---|---|
| Individuals | 5 (36%) | 6 (43%) | 2 (14%) | 1 (7%) | 14 |
| Organisations | 15 (52%) | 5 (17%) | 4 (14%) | 5 (17%) | 29 |
| Total | 20 (47%) | 11 (26%) | 6 (14%) | 6 (14%) | 43 |
Percentages may not total 100% due to rounding.
Positive comments
Some respondents considered that the guidance clearly identifies the main routes to compensation, including civil claims and applications to the Criminal Injuries Compensation Scheme (CICS). The recognition of compensation as part of access to justice and recovery was also welcomed.
Need for further clarity
A number of respondents felt that the section remains too high-level and should provide greater clarity on eligibility, evidential requirements, timescales and the differences between civil claims and CICS applications. Particular concerns were raised about barriers associated with unspent or trafficking-related convictions, cooperation with police investigations, trauma and insecure immigration status.
Need for practical information
Several respondents considered that difficulties accessing specialist legal assistance and representation can act as a significant barrier to pursuing compensation. While the Guidance signposts survivors to legal advice, respondents noted that trafficking related compensation claims can require active specialist representation and that a suitable solicitor many be difficult to access in Scotland. There were calls for clearer information on how survivors can obtain specialist representation and the roles of support and advocacy services in helping individuals navigate potentially complex and lengthy compensation processes. Survivor feedback also highlighted limited awareness of legal rights and practical barriers to accessing legal services.
Suggested additions to the Guidance
Suggestions included more detailed step-by-step information on compensation processes; information on eligibility, evidence and timescales; stronger signposting to specialist legal support; and greater recognition of the role of advocacy and practical support in helping survivors pursue claims.
Other concerns or comments
Respondents emphasised the wider importance of compensation as a form of justice, recognition and support for longer-term recovery but questioned whether compensation can be considered genuinely accessible where specialist representation is difficult to obtain. They cautioned against presenting signposting as sufficient where services may not be available in practice.
Contact
Email: human.trafficking@gov.scot