Adult victims of human trafficking and exploitation: guidance on support - consultation

6. Information on support available for victims in Scotland

6.1 Accommodation

6.1.1 Before a Reasonable Grounds Decision

If an adult, including a potential victim of human trafficking and exploitation, in Scotland has recourse to public funds and is assessed as being unintentionally homeless by a local authority, the adult will be entitled to permanent accommodation. This may involve spending time in temporary accommodation before this duty is met. Local authorities are obliged under the Housing (Scotland) Act 1987 to offer advice and assistance to people who are at risk of or are experiencing homelessness, and temporary accommodation if it is needed.

Local authorities have a legal duty to help people who are homeless or at risk of becoming homeless. They do this by:

• providing information and advice on homelessness and the prevention of homelessness
• offering temporary or permanent accommodation.

People who are subject to a No Recourse to Public Funds (NRPF) condition are restricted from accessing local authority housing and homelessness support, and as such local authorities are not under a duty to provide accommodation or take further action for adults who are categorised as NRPF. Local authorities are still legally required to offer free advice and information on homelessness and its prevention under the Housing (Scotland) Act 2001 section 2. This support must be available to anyone within the local authority’s area, regardless of their eligibility.

Emergency accommodation will only be provided under the Human Trafficking and Exploitation (Scotland) Act 2015 where there are grounds to believe any other accommodation available to the adult is unsafe due to the risk of further exploitation, is otherwise unsuitable or the adult would be destitute. Where one or more of the aforementioned criteria is met, the adult must be provided with accommodation under SAVTS.

If the support provider identifies additional needs that they cannot safely manage – such as drug or alcohol dependency or mental/physical health concerns – they should refer the adult to the appropriate local authority or other relevant agencies. These agencies will be responsible for accommodation and any additional support, where the adult is eligible for local authority services. Bespoke assistance should be provided on an outreach basis by the support provider.

SAVTS support providers should refer to Migrants’ Rights and Entitlements Guidance where relevant.

If the support provider knows or believes that the adult is at risk as per Adult Support and Protection criteria (at risk of harm; unable to safeguard own well-being, property, rights or other interests; and is affected by disability, mental disorder, illness or physical or mental infirmity and is therefore more vulnerable to being harmed than adults who are not so affected), an Adult Support and Protection referral should be made to the local authority in which the adult is currently located.

6.1.2 Accommodation provided through SAVTS following a positive Reasonable Grounds Decision or Conclusive Grounds Decision

SAVTS provides potential and confirmed victims secure and appropriate accommodation where necessary. Accommodation is provided on a temporary basis, to provide a place of safety for victims away from situations of exploitation.

SAVTS support providers will work alongside other accommodation providers to ensure SAVTS accommodation is provided only to victims where necessary.

Entry to SAVTS accommodation will be determined through an initial needs and risk assessment, taking into account any additional needs as set out in 6.1.1.

SAVTS support providers will make arrangements for suitable transport to SAVTS accommodation where this is required.

6.1.3 Determining eligibility for accommodation

Individuals will enter SAVTS accommodation if the initial needs and risk assessment process determines that it is necessary.

This will usually be to ensure individuals have access to a safe place away from their alleged perpetrator. However, there may also be other situations in which access to SAVTS accommodation is assessed as necessary including, but not limited to, where:

• a victim is destitute at the point of referral to the NRM or does not have accommodation upon entry into SAVTS support.
• a victim is already in safe and appropriate accommodation when they are referred into the NRM and consent to receive SAVTS support, the victim should continue to remain in that accommodation, unless the needs or risk assessment identifies a need to enter SAVTS accommodation.

Alternative suitable accommodation may include:

• local authority accommodation
• accommodation provided under section 95, 98 or section 4 of the Immigration and Asylum Act 1999 (‘asylum accommodation’)
• accommodation provided under paragraph 9 of Schedule 10 to the Immigration Act 2016 to enable individuals to meet bail conditions (‘S10 support’)
• or any other secure, appropriate, and adequately furnished accommodation, such as staying with friends or family.

If a need for SAVTS accommodation is identified for a reason other than a risk from a perpetrator(s), SAVTS may not provide accommodation if, as determined through the needs or risk assessment, an existing accommodation provider, such as asylum accommodation or S10 support, can provide alternative accommodation to address this need.

6.1.4 Accommodation for victims in the Criminal Justice System

Victims in the criminal justice system (CJS) include those seeking bail or release from custody, or victims who have been given a community sentence.

These victims may be eligible for accommodation provided under section 98, 95 or 4 of the Immigration and Asylum Act 1999 (‘asylum support’) or SAVTS.

SAVTS may provide accommodation to victims in the CJS, if the needs or risk-based assessment process identifies a need for SAVTS accommodation.

Where a need for accommodation is identified, other accommodation may also be suitable. In these circumstances, if a victim is eligible for, or can access any other suitable accommodation as determined by the needs or risk-based assessment, SAVTS will not provide accommodation.

If victims are not eligible for or cannot access any other suitable accommodation, SAVTS accommodation should be provided, subject to risk considerations.

6.1.5 Transitioning to asylum support for victims with an active asylum claim

Support providers should seek to understand the immigration status of a victim as soon as it is practical to do so. This may require assistance to access appropriate legal advice.

If a victim does not have an active asylum application and they may be eligible to claim asylum, they should be supported to access appropriate legal advice. Information on how to make an asylum application is provided by the UK Government.

Victims with an active asylum application should transition into asylum accommodation if they would otherwise be destitute and these needs can be met in asylum accommodation. Specialist trafficking support providers can provide outreach support to meet trafficking needs.

Support providers must carry out a needs assessment when an adult is transferring from specialist trafficking accommodation to asylum accommodation.

Where a victim is identified and is already in asylum accommodation, they will remain in asylum accommodation and receive outreach support from trafficking support providers to meet any trafficking specific needs.

6.2 Financial Assistance

6.2.1 The Essential Living Rate

Potential adult victims who have entered the NRM, consented to receive support and who have a positive reasonable grounds decision are eligible for financial support, subject to their individual circumstances.

Financial support is provided to meet both an adult victim’s weekly essential living needs as well as to assist with social, psychological and physical recovery. Financial support is paid through two payments – the essential living rate (ELR) and the recovery rate (RR). The ELR is intended to meet weekly essential living requirements such as clothes, food and toiletries and the RR is intended to support social, psychological and physical recovery.

The ELR, at the time of publication, is paid at the rate of £49.18 per week.

The Scottish Government is currently considering the value of the ELR for victims living in catered SAVTS accommodation.

The ELR will be paid until a needs assessment indicates that the victim no longer requires financial assistance or the victim exits trafficking support. The ELR will not generally be paid to a victim where their living needs are being met through asylum support or Universal Credit, or if they have a level of income that is ineligible to be supported with Universal Credit, as these victims, as a general rule, would be in receipt of financial support from those other sources to meet their needs.

Potential victims may also be eligible for the ELR prior to receiving a reasonable grounds decision if they have no other income source and are at risk of destitution. Payment of the ELR will be backdated to the date the potential victim entered support.

6.2.2 The Recovery Rate

The RR is to support the victim to access services and opportunities that further underpin their recovery. It may be used by the victim to access health, fitness or wellness classes, to fund transport, communication costs or towards other recovery related expense. The Scottish Government is currently considering the value of the recovery rate for victims of trafficking residing in Scotland. Further financial support may be available to fund additional requirements related to a victim’s recovery such as exceptional travel and childcare costs (see section 6.2.10 and 6.2.11). Needs assessments will be used to determine any additional financial support.

The RR will be paid to all potential victims following a positive RG decision.

The RR will be paid for the duration of the 90 day relevant period or until a needs assessment indicates that the victim no longer requires the financial assistance, which could be earlier than the 90 days. Any access to the recovery rate beyond 90 days or after a conclusive grounds decision will be determined via needs assessment in line with Scottish Ministers discretionary powers under the 2015 Act. Eligibility for the RR will cease upon receipt of a negative CG decision. If an adult seeks a reconsideration of this decision, the RR will be payable from the date on which the RR was stopped providing the adult remains in/continues to receive support. If the individual exits support following a negative Conclusive Grounds decision, and then later re-enters support after a Competent Authority agrees to a reconsideration, they will be paid the Recovery Rate from the date of re-entry. Please see section 6.8 for move-on support.

6.2.3 Child dependent payments

Potential and confirmed victims are eligible to receive financial support to meet the essential needs of child dependents who are residing with them in Scotland.

Financial support for child dependents will be paid where an adult victim in Scotland is living with the child dependent and the adult is in receipt of the ELR.

Where the victim is either receiving support for the needs of their dependent(s) through asylum support or if they have too much income to be eligible for Universal Credit, dependent payments will not be made from SAVTS. Child dependent payments from SAVTS may also be adjusted or stopped where the victim is receiving the Universal Credit Child Element.

Dependent rates are aligned with UK Government asylum rates and at the time of publication are paid at:

• a weekly payment of £49.18 per child dependent living with an adult victim
• an additional payment of £9.50 per week should be paid for each child until their first birthday. Adult victims entitled to the Best Start Foods payment in respect of the same child are not eligible.
• an additional payment of £5.25 per week for each child from the day after their first birthday until their fourth birthday. Adult victims entitled to the Best Start Foods payment in respect of the same child are not eligible.

Where two potential or confirmed victims and their child are being supported, payments will be paid per child dependent, not per parent. Individual circumstances will dictate which parent receives the payment.

Where a second parent is already receiving dependent financial support via asylum support, Universal Credit Child Element or Best Start Foods, the victim will not receive dependent payments from SAVTS.

Child dependent payments will cease at the same time as financial support to the adult victim or when the child turns 18, whichever occurs first.

6.2.4 Pregnancy and maternity payments

Additional payments will be made to victims who are pregnant or have very young child dependents. The rates are aligned with financial support available via the UK Government asylum system and at the time of publishing are:

• £5.25 per week for pregnant women. Women must advise the service provider that they are pregnant, and include an original copy of either the MAT B1 maternity certificate (which is available from a midwife or GP from about 20 weeks) or a letter from their midwife or GP confirming the pregnancy.
• a one-off maternity grant of £300 per unborn child for mothers who are within 8 weeks of their anticipated due date. Where a client enters support with a child dependent that is less than 6 weeks old, the £300 grant should be provided.

Potential or confirmed victims who are entitled to a Best Start Pregnancy and Baby Payment or maternity grant from the asylum support system are not eligible to receive these additional payments in respect of the child concerned.

Social Security Scotland Pregnancy and Maternity Related Support

Best Start Foods is a prepaid card that can help buy healthy foods like milk or fruit. Best Start Foods is paid every 4 weeks and rates.

You can also access Best Start Foods if you have no access to public funds, subject to the relevant criteria.

Social Security Scotland’s Best Start grant comprises three grant payments covering:

• Pregnancy and Baby payment
• Early Learning payment
• School Age payment.

Potential or confirmed victims should be supported to access any entitlements under Best Start.

6.2.5 Victims receiving asylum support or support under Schedule 10 of the Immigration Act 2016

Potential and confirmed victims receiving asylum support under sections 95, 98 or section 4 of the Immigration and Asylum Act 1999, or under paragraph 9 of Schedule 10 of the Immigration Act 2016 (“S10 support”), will not receive the Essential Living Rate because support to meet living needs is provided by asylum support or S10 support through a payment of £49.18 per week, or through in-kind assistance, or a combination of in-kind assistance and payments.

Potential victims who are receiving asylum support or S10 support will receive the Recovery Rate to assist with their human trafficking specific needs relating to their social, psychological, and physical recovery subject to section 6.3 of the Guidance.

Potential and confirmed victims who are also receiving asylum support will not receive any financial support from specialist trafficking support providers in Scotland in respect of dependents, or pregnancy payments, as support for dependents will be met through the asylum support system through payments, in kind assistance, or a combination of payments and in-kind assistance.

Potential and confirmed victims receiving S10 support are eligible to receive support from SAVTS for dependents provided any dependents needs are not met through S10 support.

6.2.6 Victims receiving Universal Credit

Universal Credit helps towards living costs or where an individual has a low income and reduces in relation to how much an individual earns through employment.

Potential and confirmed victims will not be paid the Essential Living Rate if they, or their household, are receiving Universal Credit, irrespective of the amount they receive. Potential victims who are receiving Universal Credit will be paid the Recovery Rate, subject to section 6.2.2 of the Guidance, to assist with their social, psychological, and physical recovery.

SAVTS payment rates for child dependents may be adjusted or stopped if the potential or confirmed victim is receiving the Universal Credit Child Element in respect of their dependents. In these circumstances, the victim will not receive dependent payments, including additional weekly payments per child under a certain age from the SAVTS in respect of these dependents (pregnancy and maternity payments are unaffected).

Universal Credit provides additional payments to parents who have disabled or severely disabled children and to support with the costs of childcare; receipt of these payments does not affect a victim’s entitlement to financial support from specialist trafficking support providers in Scotland.

6.2.7 Financial support in emergency SAVTS accommodation

Individuals in SAVTS accommodation prior to a Reasonable Grounds decision will receive financial support at the rates outlined above. However, this does not include the Recovery Rate, which is only payable from the date of a positive Reasonable Grounds decision. Eligible financial support will be paid from the day an individual enters and/or is accommodated within specialist trafficking support.

6.2.8 Back payments

After an individual consents to receive support, reasonable steps will be taken by the support provider to contact them to facilitate entry to support. Depending on the individual’s circumstances, this may include attempting contact on several occasions at different times of the day, or via legal representatives if these details are known, or where no, or incorrect contact information is provided, attempting to obtain contact details via the First Responder.

Financial support will not be paid if a victim cannot be contacted to facilitate entry into support. If a potential victim later re-establishes contact to enter into support, where reasonable steps had previously been taken to contact them, payments will begin from, or be backdated to the date they re-establish contact with the support provider, not to the date of the positive Reasonable Grounds decision, provided they enter support. Where exceptional circumstances are identified, SAVTS support providers may request backdated payments to the dates of the positive Reasonable Grounds.

If a potential victim with a positive Reasonable Grounds decision who is receiving support, exits support voluntarily and later chooses to re-enter support prior to receiving a Conclusive Grounds decision, financial support payments will resume from the re-entry date and will not be backdated to the date they exited support.

6.2.9 Material Assistance

Potential victims and victims of human trafficking (and their dependents) are provided, where necessary, with appropriate material assistance in the form of a move-in pack to provide essential materials until the victim receives their first ELR payment.

The move-in pack will be age appropriate and shall include, at a minimum:

• toothbrush and toothpaste
• soap
• shampoo
• razor (where requested)
• feminine hygiene products (if appropriate)
• suitable undergarments

For potential victims with babies, the move-in pack support, which is designed to provide essential materials until the potential victim receives their first ELR or child dependent payment, shall also provide:

• nappies
• baby changing facilities (a mat and wipes)
• baby vests and baby grows (6 of each)
• muslin cloths (6)
• a cot or Moses basket and bedding for this
• parents who intend to bottle feed must be provided with appropriate milk bottles and related items (and milk formula if required until the individual receives the appropriate financial support payments), access to sterilisation equipment to keep bottles clean and access to equipment designed for the purpose of safely warming formula milk bottles.

If required, the support provider will provide the victim and their dependents with necessary items of clothing to provide for three sets of suitable clothing, including those they already own, until they receive their first ELR payment.

6.2.10 Additional recovery costs support during the period of a reconsideration request

In addition to financial support payments provided to potential and confirmed victims to meet essential living needs and assist recovery, support providers may provide further financial support that directly funds additional services related to helping individuals with their recovery from their human trafficking and exploitation experiences.

Individuals should seek assistance with additional recovery costs through their support provider who will seek approval from the Scottish Government where necessary.

Additional support with recovery costs may be available where:

• a service/provision is related to and will support recovery from their human trafficking and exploitation experience, which led to their reasonable or conclusive grounds decisions, but is not already met by the individual’s recovery needs payment
• the requested support is not already available through other support entitlements
• there is a clear rationale for the additional support and the support provider considers that the additional support is necessary to support an individual’s recovery journey.

Where the criteria outlined above is met, the Scottish Government may fund additional recovery costs such as:

• private counselling when recommended by a GP or medical professional, not financially benefitting from the recommendation, and where it is unavailable through the NHS or cannot be accessed via the NHS within a reasonable timeframe. A decision on whether counselling can be accessed, via the NHS, within a reasonable timeframe, will be made on a case-by-case basis, taking into account the individual’s specific circumstances.
• childcare when a potential or confirmed victim needs to attend appointments which are linked to their recovery from exploitation and/or during which they may need to discuss their human trafficking experience, such as counselling appointments, asylum interviews, solicitor meetings and police interviews.
• public transport to recovery related appointments with law enforcement agencies, solicitors, courts, asylum interviews and other recovery related appointments where outside of a reasonable walking distance.
• replacement travel or identification documents where necessary, where these have been lost due to their human trafficking experience and where such documentation is needed to assist recovery.
• where necessary to facilitate access to recovery related services such as ESOL course registration fees, Specialist GP medical reports and letters or document translation and interpretation.

6.2.11 Travel to appointments

Adult victims in specialist trafficking support who are in receipt of the recovery rate may use this to support ad hoc and planned travel to appointments or for other travel purposes that support their recovery.

Adult victims are expected to use public transport for all journeys unless it is unsafe for them to do so. Support providers will consider any requests where public transport is considered impractical or unsafe.

While the recovery rate is expected to meet travel costs, support providers may offer additional travel assistance to the following non-exhaustive list of appointments where there are clear grounds for additional travel cost support:

• Law enforcement meetings
• Legal Advisers
• Courts
• Asylum interviews
• NHS or other medical appointments

Dependent children attending school should be supported to access local authority guidance and, where necessary, transport provision.

Support providers may fund or part fund travel for additional journeys that assist the recovery of adult victims.

6.3 Information on rights and services

6.3.1 Information on access to rights and services

Potential victims, victims and dependents must be provided with information on the rights and services that they can access in accordance with their recovery plan. This can include information on where and how to access:

• medical treatment, assistance and counselling (including registering with a general medical practice (GP Practice)
• information on legal advice and representation including access to legal aid
• assistance during criminal justice proceedings (including information about the Victims Code for Scotland/special measures) where individuals wish to engage in the criminal justice process
• the labour market, vocational training and education and how to apply for a National Insurance number
• immigration advice
• benefits and financial support
• personal finance, including bank accounts and budgeting
• pre/post-natal support groups

Depending on the individual’s needs and recovery plan, SAVTS should assist victims to access additional support services including, but not limited to:

• mental health services
• substance dependency services
• sexual health services
• specialist counselling
• birthing partners
• ESOL classes
• employment preparation
• support to submit claims such as benefits, asylum or legal.

Information should be made available in a language the victim can understand.

6.4 Health & Wellbeing

6.4.1 Medical treatment, assistance and counselling

SAVTS service providers should take account of the National Trauma Transformation Programme (NTTP) when they consider an individual has been a victim of human trafficking and exploitation.

Professionals should support individuals to access NHS services as required with a recognition that health and wellbeing should be an immediate focus for all professionals engaged with victims. Support providers should set out clearly to victims the medical support available to them, how this is accessed and support them to access it as required. This should include:

• registering with a GP and the services provided by GPs, including providing access to mental health services, such as counselling, Community Mental Health Teams (CMHTs) and dental services
• directing individuals to the Scottish Ambulance Service’s website When Should You Call 999? to provide some guidance around what a medical emergency might cover and how to access emergency medical help
• access to specialist psychological trauma therapy
• that in Scotland, no charges for hospital treatment may be applied to a person who has been formally identified, or is suspected of being, a victim of human trafficking. This exemption from NHS charges also applies to the person’s spouse, civil partner or children. If it is subsequently formally determined that the person is not a victim of human trafficking, the relevant NHS Board will assess whether charges should apply for any new course of hospital or tertiary treatment.

Emergency medical treatment

Adult victims at any stage of the NRM process (including pre-RG and post-CG) can receive emergency medical treatment from the NHS in Scotland. This includes the NHS Scotland sexual assault response co-ordination service (SARCS).

Victims should be given a full explanation and adequate time to make informed decisions and provide consent to any medical treatment. Exceptions to this are limited to cases in which the person is at risk of harm or in an emergency situation.

GP registration

All adults and children can register with an NHS registered GP regardless of immigration status. NHS Inform guidance should be followed.

Psychological health and counselling

Adult victims with mild or moderate mental health requirements can be supported by their GP. If specialist input is required, adults should be supported to access their local Community Mental Health Team.

GPs and/or trafficking support providers can refer adults to specialist psychological trauma therapy. This can provide psychological assessment, psychological formulation and care plans for victims of trafficking in line with the Human Trafficking and Exploitation (Scotland) Act 2015.

People experiencing distress or who are in crisis should phone their GP surgery or, where possible, their usual mental health team in the first instance. If they are unable to do so, the NHS 24 Mental Health Hub is available on 111, and they will direct callers to the correct help.

Where there is an immediate risk to life, this should be raised by calling 999.

Sexual Assault Response Coordination Service (SARCS)

NHS Scotland’s SARCS offer healthcare and forensic examination services to people in the days following a rape or sexual assault. Anyone over 16 years old can access this service. More information is available on NHS Inform.

NHS charges for overseas visitors

Under the terms of the NHS (Charges to Overseas Visitors) (Scotland) Regulations 1989 (“the Regulations”), healthcare providers in NHS hospitals have a legal duty to assess overseas patients’ eligibility to receive hospital or tertiary treatment at no charge.

The regulations set out that no charges may be applied for treatment provided to victims, or suspected victims, of human trafficking. The exemption from charge also extends to the person’s spouse, civil partner or children.

Anyone in Scotland, regardless of their immigration status, can receive general medical services from a general medical practice (GP Practice) at no charge. There are a range of other services which are exempt from charge for everyone, including treatment provided in an Accident and Emergency (A&E)/Casualty Department, Ambulance Services and treatment for a range of transmissible diseases, including COVID-19.

Further information on healthcare for overseas visitors can be found on the NHS Inform website.

Even if an overseas visitor is exempt from charge under the terms of the regulations, charges may still be applied for certain optical and dental treatments, in common with the general population. Further information about healthcare costs can be found on the NHS Inform website.

6.5 Translation and Interpretation services

6.5.1 Translation and interpretation

Human trafficking support providers should ensure translation and interpretation services are provided where required in order to enable clients to access all support services provided under specialist human trafficking support. Only professional and approved interpreters from a reputable agency should be used to provide translation and interpretation services. This includes, but is not limited to, the following purposes:

• During initial and subsequent risk and needs assessments
• On arrival to the support provider and/or accommodation
• Where a meeting is arranged with another party (such as a GP) and no alternative formal interpretation service is available

In some circumstances, interpretation may be offered by a provider outwith specialist trafficking support. This may be the case in situations such as:

• criminal justice/court proceedings
• NHS appointments
• Home Office interviews

6.6 Legal Assistance

6.6.1 Access to legal representation

An adult victim of human trafficking and exploitation can appoint their own legal representative if they have the financial resources to do so. Support providers should only refer victims to legal representatives who hold a practising certificate issued by the Law Society of Scotland.

If an adult victim cannot afford to appoint their own legal representative, support providers should assist them to assess their eligibility for legal aid. In some cases, eligible individuals may be able to seek advice via pro bono services. As above, support providers should only refer victims to legal representatives who hold a practising certificated issued by the Law Society of Scotland.

6.6.2 Access to legal aid

Support providers should assist adult victims to consider their eligibility for legal aid. Publicly funded legal assistance is available if the case is covered by the law in Scotland and eligibility criteria are met.

Further guidance on publicly funded legal assistance in Scotland is available from the Scottish Legal Aid Board.

6.6.3 Assistance during criminal proceedings

Victims of human trafficking and exploitation should be provided with the necessary assistance to access the information and support under the Victims’ Code for Scotland.

Special measures

Victims of a section 1 human trafficking offence are vulnerable witnesses as set out under the Criminal Procedure (Scotland) Act 1995. The Vulnerable Witnesses (Scotland) Act 2004 and the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 subsequently introduced specific measures that can be provided for vulnerable witnesses.

Adult victims should be supported to understand their rights when engaged in a criminal justice process.

Interpretation

Adult victims may need an interpreter if English is not their first language. Even if an adult speaks some English, they may still have problems understanding all the words.

The person who cited an adult victim (the Procurator Fiscal, Children's Reporter or a defence lawyer) can arrange for assistance from an interpreter. Further information can be sought through the Crown Office and Procurator Fiscal Service’s Victim Information and Advice (VIA) service.

Temporary permission to stay for those helping police with enquiries

Immigration is reserved to the UK Government. Adults should be assisted in considering their rights under the UK immigration rules, including support to access immigration legal advice.

6.7 Compensation

6.7.1 Pursuing a civil claim for compensation

Adult victims should access appropriate legal advice relating to the pursuit of a compensation claim against a perpetrator. This includes a civil claim for damages for the loss an adult has suffered as a result of being a victim of human trafficking.

Further information on civil legal aid is also available.

6.7.2 Making a claim for publicly funded compensation

The Criminal Injuries Compensation Authority (CICA) is responsible for administering the Criminal Injuries Compensation Scheme (CICS) in Scotland. Support providers should ensure adult victims are aware of criminal injury compensation and are able to access legal advice as required.

As set out in the Victims’ Code for Scotland, the CICS pays compensation to eligible applicants who have been the victim of a violent crime, for example a physical assault or sexual offence. To make a claim, adult victims should contact the Criminal Injuries Compensation Authority (CICA).

Further information on criminal injury compensation and how to claim is available.

6.8 Transition Support

6.8.1 Support in transitioning to alternative support services

Support providers should provide immediate safety and stabilisation to adult victims. However, when it is appropriate to do so, support providers should work with the adult victim to assess their move-on options from specialist trafficking support.

Following a positive reasonable grounds decision, adult victims can access support for a period of up to 90 days or until a Conclusive Grounds Decision is received, whichever comes first. However, support may be provided for longer than 90 days or beyond a Conclusive Grounds Decision in line with Scottish Ministers discretionary powers within the 2015 Act. Discretionary decisions around any provision of support for a longer period will be made on a case-by-case basis, informed by a needs assessment conducted with the individual.

If, at any point in their recovery journey, the adult no longer requires specialist trafficking support to meet their needs, then it is expected that they will transition out of specialist trafficking support. This includes where alternative, non-specialist support can meet the same needs. Support providers will assess these needs using a needs assessment process.

Following a negative reasonable grounds decision, subject to any reconsideration request, adults can be supported to exit support within 14 calendar days.

Following a negative conclusive grounds decision, adults can be provided with up to 21 calendar days of move-on support from the date of the receipt of the decision by the individual or their representative.

Following a positive conclusive grounds decision, adults can be provided with at least 45 calendar days of move-on support from the date of the receipt of the decision by the individual or their representative. Support providers will assess the move-on support required using an individual needs assessment process.

Where relevant, support providers should ensure that adults are assisted to access appropriate legal advice around their immigration status during and at the conclusion of the NRM process.

6.8.2 Temporary Permission to Stay for victims of human trafficking and slavery (VTS)

Temporary permission to stay for victims of human trafficking and slavery is a reserved policy. Guidance on temporary permission is provided by the UK Government.

6.8.3 Access to the labour market, vocational training and education

Subject to the necessary immigration status, adult victims may access the labour market, education and vocational training. Where adults have the right to work, they are eligible to do so while in the National Referral Mechanism and should be supported to do so where the support worker considers this to be appropriate.

Support providers should direct adult victims to appropriate sources of information and further guidance on accessing employment, education or training subject to the adult having the necessary immigration status.

Support providers should assist adults in applying for a National Insurance number if the following criteria are met:

• the adult has received a positive Reasonable Grounds Decisions
• the adult is not already in possession of a National Insurance Number
• the adult has the right to work in the UK or recourse to public funds.

6.8.4 Job seeking and welfare benefits

Where applicable, support providers should assist victims seeking employment to access and understand guidance about looking for work and welfare benefits. Support providers should refer to UK Government information.

6.8.5 Other support for individuals following a negative Conclusive Grounds decision

Individuals with a negative conclusive grounds decision should be provided with information about reconsideration requests where this is relevant.

Where an individual considers that a negative decision made by the competent authority is incorrect, they can seek to submit a reconsideration request. This should be submitted as soon as possible. Support providers should review the latest information on reconsiderations.

Subject to other considerations, individuals may remain in specialist trafficking support, including accommodation where necessary, while the outcome of a reconsideration request is awaited.

If a reconsideration request has not been made and no extension request has been submitted, individuals must exit NRM support within 21 calendar days of the receipt of the negative conclusive grounds decision by the individual or their representative. The 21 day timeline commences only when the decision letter from the competent authority is received by either the individual or their representative.

Individuals with a negative conclusive grounds decision may still be able to access support from other organisations including:

• Local authorities
• UK Government asylum support
• UK Government voluntary returns scheme subject to the eligibility criteria set out.

If a support provider considers that exiting an individual from NRM support cannot be done in a safe and secure way, a request for extension of support can be made.

6.8.6 Voluntary returns

The UK Government can provide victims with help to return to their home country if they do not have permission to remain in the UK. This is described as a ‘voluntary return’.

A wish to return home is not a barrier to accessing the NRM. Where individuals set out a wish to return, information about the NRM and the support available through it should still be shared, including UK Government information on voluntary returns.

Where particular needs are identified, support providers may seek approval from the Scottish Government to support a voluntary return outwith the UK Government framework. Where a voluntary return is supported, support providers should follow the guidance, risk assessment and safety planning information provided by the International Organization for Migration.

6.9 Outreach Support

Human trafficking support is provided on a national basis. Outreach support refers to the support and assistance provided to victims who enter human trafficking support but are not accommodated by a specialist trafficking support provider.

Wherever an individual resides in Scotland, they should be able to work/meet with a caseworker and receive the same advice and advocacy as would be available if they were in accommodation provided by a trafficking service provider. Support organisations may link a person into other services that are available in their local area.