Support for adult victims of trafficking and exploitation - guidance: consultation analysis

4. Question 2 – Context

Question: Does the guidance clearly set out the context, including the Human Trafficking and Exploitation (Scotland) Act 2015, subsequent regulations and the 2025 Trafficking and Exploitation Strategy, within which it will operate?

Percentages may not total 100% due to rounding.

Positive comments

Some respondents considered that Section 2 clearly explains the legislative, regulatory and strategic context within which the Guidance will operate. Respondents also welcomed the explanation of relevant legislative provisions and the types and periods of support available. The distinction between devolved and reserved responsibilities was seen as helpful, as was the explanation of complex legislative provisions in more accessible language.

Need for further clarity

Some respondents suggested that the Guidance should explain more clearly how the 2015 Act, 2018 Regulations and the Guidance itself relate to one another. Several respondents also considered that the wider United Kingdom (UK) framework governing trafficking identification is not sufficiently reflected. They noted that NRM decisions affecting access to support are made through UK-wide processes rather than by Scottish decision-makers. Specific legislation some respondents wanted included were the Modern Slavery Act 2015, Part 5 of the Nationality and Borders Act 2022 and the Slavery and Human Trafficking (Definition of Victim) Regulations 2022, alongside Home Office statutory guidance. Respondents considered that explaining how these frameworks interact would help survivors and practitioners understand how identification decisions can affect access to support. Further clarity was sought on the relationship between trafficking support and asylum and immigration processes, and with ASP and Child Protection arrangements.

Need for practical information

Respondents suggested providing greater practical information on how eligibility and support decisions are made, including the operation of Scottish Ministers’ discretionary powers, criteria for extending support and routes for reviewing or challenging decisions. Information was also sought regarding support where individuals move between Scotland and other parts of the UK, including whether individuals returning or relocating to Scotland may access support. Respondents also suggested explaining what the Human Trafficking and Exploitation Strategy’s public health approach means for practitioners and support providers in practice.

Suggested additions to the Guidance

Respondents proposed a number of additions to strengthen the legislative and policy context set out in the Guidance. These included references to the Council of Europe Convention on Action against Trafficking in Human Beings, the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. Respondents also suggested providing clearer signposting, including direct hyperlinks, to relevant legislation and the Lord Advocate's Instructions. Some respondents further suggested broadening the examples used to describe trafficking and exploitation to better reflect the range of experiences encountered in practice. Examples included domestic servitude and forced criminality, as well as emerging forms of exploitation involving online recruitment and coercion, digitally facilitated exploitation, and financial exploitation and fraud.

Other concerns or comments

Some respondents considered that the volume and technical nature of the legislative content could make Section 2 difficult for non-specialist audiences to navigate. While recognising the importance of retaining sufficient detail for practitioners, respondents suggested that some legal and technical explanations could be streamlined or presented in a more accessible way. This concern was also reflected in survivor feedback. Respondents also called for stronger links with Scotland's wider work on violence against women and girls, reflecting the overlap between trafficking, exploitation and other forms of gender-based violence. Additional suggestions included providing clearer definitions of human trafficking, slavery, servitude and forced or compulsory labour, as well as other forms of exploitation, to support consistent understanding across different audiences. Respondents also sought greater clarity regarding the review and updating of the Guidance. This included suggestions for a minimum review period and clearer information on how lived experience will be incorporated into future reviews and the ongoing development of the Guidance.