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

8. Question 6 – Financial Support

Question: Does the guidance set out clearly the approach to financial support for adult victims of human trafficking?

Positive Comments

Some respondents stated that the section covering financial assistance clearly articulates the different forms of financial support available including the Essential Living Rate (ELR), Recovery Rate and additional payments relating to child dependents, pregnancy and maternity. The guidance sets out how this is applied at different stages and how specialist trafficking financial support aligns with asylum support arrangements and Universal Credit. This section was also noted as aligning with the Victim’s Code for Scotland.

Need for further clarity

Some respondents stated that there was a lack of clarity around roles and responsibilities, where it was unclear who is responsible for assessing eligibility, making decisions including the withdrawal or reduction of financial support or supporting individuals to access financial assistance. It was also suggested that this ambiguity created a risk of an inconsistent approach across services and gaps in provision.

Need for practical information

Including practical examples and case scenarios, such as how support operates for victims with dependants, those who are pregnant or those receiving overlapping support from Universal Credit or asylum systems, would further enhance understanding.

The importance of ensuring that practical support reflects current good practice was highlighted. Specifically, the Guidance should clarify that move-in packs for parents with babies (Section 6.2.4) are aligned with current health and safety recommendations.

Suggested additions to the Guidance

Specific suggestions included:

The guidance should set out how financial support will be paid or received in practice.

In Section 6.2.1, it would be helpful to include information on the payment of the ELR if there is a negative RG or Conclusive Grounds (CG) decision and a reconsideration request is submitted regarding this decision.

Clarity on when these payments are stopped and how they can be reinstated when a decision is being challenged should be provided.

The guidance should include information about providing financial support for adult dependents.

There should be more information on emergency sources of funding, access to benefits and support for women with no access to public funds.

It was noted that unlike in England and Wales, the guidance does not guarantee that victims will receive the Recovery Rate until the point at which they receive a CG decision. It was suggested that financial support should be guaranteed for at least 90 days or until a CG decision is received (whichever is later), following which there should be a guaranteed 45-day period of move-on support which includes a needs assessment to determine whether support beyond that period is necessary based on the victim’s particular circumstances. Respondents suggested that the guidance should set out the criteria and process governing all financial support decisions, including the rates in force, discretionary elements and the process potentially leading to reduced or withdrawn support.

Other concerns or comments

There was concern that the introduction of ELR for survivors in specialist trafficking accommodation pre and post NRM represents a concerning departure from the current practice where ELR and RR payments are provided for the duration of their time in accommodation. During this period of accommodation, recovery needs and vulnerability remain high. Reducing financial support to only the ELR will result in increased food, travel and social well-being insecurity and increase vulnerability to re-victimisation whilst in safe accommodation.

It was highlighted that in the case of transition to Universal Credit (or other supports), there can often be delays between one financial support ending and another commencing. A clear process needs to be described to manage this transition.