Modern slavery, human trafficking + compensation (CICA)

Key links

🟣 Full report
🟣 Original FOIs: One and two
🟣 Q&A with Emily Vaughn: Lived experience perspective

Introduction

New data released by After Exploitation highlights that only a small fraction of modern slavery survivors in the UK apply for compensation through the Criminal Injuries Compensation Authority (CICA), with a vast majority of victims denied an award. A mere 133 applications for compensation through the scheme were recorded between January 2021 and May 2024, despite at least 51,193 modern slavery cases being reported to the Home Office during this period. Compensation from CICA can help survivors rebuild their lives after exploitation, but systemic barriers prevent them from accessing the scheme.

Further statistics secured by After Exploitation saw CICA confirm that between 82% and 100% of trafficking victims were refused an award of compensation through the scheme last year. Data on refusal reasons is heavily redacted in the release shared with After Exploitation, but CICA confirms that the leading reason (39%) for refusing trafficking victims CICA was that the exploitation was not deemed a ‘crime of violence’ under the scheme’s rules.

The data shows that at least 32% of survivors who applied for CICA navigated the complex application process without legal representation. Further data, inclusive of 1st January 2023 – 20th June 2024, shows that survivors were represented by charities in 2 or fewer cases last year, raising concerns about the charity support available to victims of violent crime.

Meanwhile, 24% who applied in the two years prior are still waiting for an outcome.

Victims’ Commissioner and Independent Anti-Slavery Commissioner comments

[On the 23rd July 2024, the following comments where shared]

The Victims’ Commissioner for England and Wales, Baroness Newlove, said:

“Victims of violent crime deserve justice, and that includes fair compensation. Compensation is a crucial part of the healing process, providing not just financial support but also societal recognition and catharsis for the wrongs inflicted upon them. Yet, the current criminal injury compensation system can act as a barrier to recovery, not an aid.

I hope this report will prompt the government to look carefully at the barriers victims of modern slavery face when trying to claim compensation and how they might be overcome. For example, how the scheme is brought to their attention, what support is available to them to complete the claim form, and whether they have access to Independent Modern Slavery Advocates (IMSAs) to help steer them through the process. Other obstacles include having unspent criminal convictions (arising from coercion from their captors) and the two year time limit.

Four years ago, there was a review of the compensation scheme and my predecessor made substantial representations on these issues, much of which were based on the findings of my report in 2019. We have yet to see the outcome of this review, which is long overdue.

This group of victims have often suffered significant trauma and need help to rebuild their shattered lives. Compensation has an important part to play in this process. We must make sure the process delivers for these victims.”

The Independent Anti-Slavery Commissioner, Eleanor Lyons, said:

“The fact that victims of modern slavery and human trafficking, that have suffered horrendous physical and psychological injury, are not accessing compensation is horrendous and a clear failing. They deserve and are entitled to compensation and more must be done to ensure they can access it. This is critical to their recovery, and preventing re-exploitation that we know can occur when victims have insufficient means to rebuild their lives.

For this to happen, victims need more support navigating the criminal justice system and understanding and accessing the support they are legally entitled to. This is why I am calling for Independent Modern Slavery Advocates (IMSAs) to be formally recognised, for Victim Navigators to be embedded in every local police force and for improved and more consistent access to legal aid for survivors. Through these efforts, I will work tirelessly to ensure that modern slavery and human trafficking victims receive the compensation that they are rightly entitled to.”

Why CICA compensation matters

In the UK, victims of violent crime who have suffered physical or psychological injuries can apply for compensation through a Ministry of Justice body called the ‘Criminal Injuries Compensation Authority’ (CICA). The scheme aims to offer financial relief, acknowledge the victims’ suffering, and ‘right wrongs’ after violent crime.

The scheme recognises that a payout from the authority will never fully compensate for suffering or loss, but is instead “an acknowledgement of harm and an important gesture of public sympathy.”[1]

“[A grant from] CICA can pay for the things that survivors have missed out on because of what they have been through”explains Emily Vaughn, a research consultant at After Exploitation. “It is not a ‘benefit’, but more a mechanism to bring some sort of normality to peoples’ lives. It can be mean survivors have enough money to get driving lessons, accessing education after falling out of mainstream learning, or getting training to start a new career.”

Solicitor at the Anti Trafficking and Labour Exploitation Unit (ATLEU), Jamila Duncan-Bosu supports survivors of modern slavery to apply for CICA, and sees first-hand the impact of access to the scheme.

“I’ve got one client who’s retraining as a nurse, another who was able to start her own business. It makes a real difference.

When a survivor gets compensation, that’s often the last piece of the puzzle. You see clients who can close the cycle of exploitation because of it and rebuild their lives.”

Despite this, a grant of compensation is not automatically considered when a victim’s modern slavery or trafficking case is being decided by the Home Office. Survivors do not consistently receive information about CICA and cannot easily access legal advice on how to claim. The Victims’ Commissioner’s website confirms that “no agency is responsible under the Victims Code for informing victims about the scheme.”[2] These barriers to access are entrenched by outdated restrictions imposed by CICA, which penalise victims for not coming forward ‘quickly enough’, having unspent convictions or not cooperating with the police.

How many modern slavery survivors apply for CICA?

After Exploitation has obtained data from CICA, outlining that very few trafficking victims are recorded as applying for CICA compensation.

In the UK, only 133 potential victims of modern slavery or human trafficking are recorded as having applied for compensation between 1^st January 2021 and 19^th May 2024. This is just a fraction (0.2%) of the 51,193 modern slavery cases reported to the Home Office during this time.

*Year*	*Total CICA applications (trafficking)*	*Potential trafficking and slavery victims identified*	*Source*
2021	40	12,727	NRM year-end statistics 2021
2022	45	16,938	NRM year-end statistics 2022
2023	37	17,004	NRM year-end statistics 2023
2024 [3]	11	4,524	NRM statistics Quarter 1, 2024
Total:	133	51,193

Source: After Exploitation, obtained from Criminal Injury Compensation Authority

This data includes an important caveat. The authority explains that, because of their data systems, UK victims may not be counted in the figures they provide for compensation claims related to trafficking. However, even when the total is adjusted to just reflect non-UK nationals, the percentage of potential victims accessing compensation remains at a similarly low rate of 0.3%.

We urge CICA to reliably capture and publish data on all survivors using the scheme, including UK nationals and those with regularised status. [See: Recommendations]

Under international law, victims of modern slavery are supposed to be able to access compensation in recognition of their ordeal, as per the UK’s international obligations under Article 15 of the Council of Europe Convention on Action Against Trafficking (ECAT):

“Each Party shall adopt such legislative or other measures as may be necessary to guarantee compensation for victims in accordance with the conditions under its internal law, for instance through the establishment of a fund for victim compensation or measures or programmes aimed at social assistance and social integration of victims”.[4]

However, experts with and without lived experience of modern slavery report have expressed concern about the UK’s scheme, citing a lack of awareness amongst professionals and survivors,[5] non-existent legal aid for applicants,[6] and outdated ‘victim-blaming’ restrictions.[7]

Barriers to compensation

Lack of legal aid

Worryingly, CICA data obtained by After Exploitation shows that survivors are frequently unrepresented (32% / n=43) and have to go through the process by themselves.

Year	Represented	Unrepresented
2021	28	12
2022	35	10
2023	21	16
2024 (until 19th May 2024)	6	5
	90	43

Source: After Exploitation, obtained from Criminal Injury Compensation Authority

The number of recorded trafficking victims claiming for compensation with legal representation is likely to be even lower in practice, as the Ministry of Justice includes help from family and friends in its ‘represented’ figures.[8] For this reason, at least 43 of 133 victims applied without legal help.

In a follow up request sent to After Exploitation, relating to 2023 only, CICA shared data showing that survivors are mostly being represented by layers (n=19) compared to between zero and two cases where they were represented by charities or a loved one. The data is at odds with claims made in a CICA guide for victims of human trafficking (see: CICA VHT information sheet) claiming that charities are available to support with the application process. This new data raises serious concerns about whether this support is available in reality.

In CICA guidance for trafficking victims, the department states that legal representation is not needed for the process.[9] However, our belief is that legal support is absolutely necessary for survivors to navigate the current process. CICA demands a lot of evidence from survivors, including HMRC documentation and extensive medical records. In the latter case, evidence of violence can rarely be obtained from GPs as the victim was not in touch with healthcare professionals during their exploitation. In these cases, medico-legal reports, evidencing physical and psychological trauma, may be commissioned by law firms. These cost upwards of £1,000 and would be difficult for a member of the public to organise or pay for.

Duncan-Bosu explained that high-level evidence must be gathered to improve survivors’ chances of success within CICA and, realistically, this must be completed by legal professionals: “We spend a lot of time preparing these applications. For example we may take a detailed witness statement from the client. We may need to wait for them to be assessed by a psychologist, in order to prepare a medico legal report to demonstrate they have an injury as defined by the scheme, or that there is a reason why they could not make an application earlier.”

Despite the clear need for legal support in completing CICA applications, legal aid access remains poor. Research by ATLEU in 2020 found that 93% of survivors’ applications for Exceptional Case Funding (ECF), a mechanism used to request legal aid where human rights are at risk, are refused by the Legal Aid Agency.[10]

Under international law, ‘relevant’ legal advice should be provided to survivors of trafficking. However, a scoping report by the Modern Slavery Policy and Evidence Centre found that poor funds, resource, and capacity are straining the legal sector and placing “unmaintainable burden” on a small number of providers.[11] Poor legal aid provision, coupled with an expectation that survivors go through the process alone, creates a perfect storm in which survivors simply cannot secure the expert support needed to apply for CICA.

Poor awareness

Experts with lived experience explained in After Exploitation’s Can of worms report that Information on CICA is provided inconsistently by support professionals. None of the five-person panel of experts with lived experience had been told about CICA when entered the UK’s Modern Slavery Victim Care Contract (MSVCC):[12]

“There’s not a lot of information out there at all for the people that are in the NRM [trafficking decision making process]. In my case, there was no talk of even getting compensation.”

Laura Gautrey at Hope for Justice supports survivors to apply for CICA, but explains this advice is not readily available to all victims: “Many survivors would not have access to an advocate, let alone any legal representation, and are therefore unlikely to know about CICA or be able to submit the application.”

“A vast majority of the clients that we work with are unaware of the Criminal Injuries Compensation Authority (CICA) and the eligibility criteria until we inform them of this option.”

Evidence burdens

Survivors of modern slavery are not automatically considered for a grant of compensation once they are recognised as victims by the Home Office. Instead, survivors must go through a separate decision making process, providing all relevant evidence again to CICA in order to secure some compensation. The personal information and documentation required is sometimes invasive or impossible to secure.

Gautrey said “the process is not easy and requires specialist legal input and advice” as survivors are required to provide records from medical professionals, HMRC and the police. However, as modern slavery ordinarily takes place behind closed doors, survivors have limited contact with these agencies whilst being exploited. “HMRC records often do not give a clear picture of survivors’ work history or loss of earnings, as exploitative work has not gone through HMRC”.

For victims, who are already ‘under the microscope’ of trafficking decision makers in the Home Office, the need to go through a separate process of evidencing abuse all over again can also be traumatising.[13]

Ben Ryan, deputy CEO of the Medaille Trust, runs a charity supporting survivors to access their entitlements, including compensation. Ryan said that many survivors are not emotionally ready to relive their experiences through the CICA process. “Often when people first join the safe house, they’re still recently traumatised. Many do not want to revisit the experience, so it takes many months to be able to have that conversation [about compensation].”

CICA restrictions

CICA restricts some victims from applying at all under certain rules. Although the following rules can be challenged, the success of a challenge hinges on survivors’ ability to show there were ‘exceptional circumstances’.

Restrictions include:

Two-year time limit

CICA holds the right to refuse any applications made more than two years after the incident took place.[14] This rule disproportionately affects survivors of modern slavery, as disclosure following serious abuse takes time. As outlined in the UK’s statutory modern slavery guidance, disclosures of exploitation “often come slowly and in a piecemeal way, sometimes over years”.[15]

Duncan-Bosu said it is “common” for victims to apply for CICA outside of the two-year time limit, but challenging the deadline restriction is not possible for everyone. “They [survivors] need to demonstrate ‘exceptional circumstances’ which stopped them making an application within the usual time limit. In those circumstances, an unrepresented victim isn’t going to know what documents they need to obtain to enable the CICA decision maker to make a decision [on CICA eligibility]”.

An expectation for survivors to disclose ‘quickly’ is a systemic issue across CICA decision making. As part of this briefing, ATLEU explained that a client of theirs had fled trafficking with his friend and walked across the country for ten days because the only person they knew was based in the north of England. After his friend collapsed and was taken to hospital, the client tried to report to the Police but struggled to do so due to language barriers. The client eventually ended up at a shelter for the homeless, who referred him to an anti trafficking charity.

“When he applied to CICA, they asked why he had delayed [reporting to the police] for those ten days and he was initially refused an award of compensation.”

Offending history

Criminal exploitation is the leading form of modern slavery in the UK.[16] Yet, victims of violent crime – including survivors of human trafficking and modern slavery – are exempt from applying to CICA if they have an unspent conviction. In 2022, the former Victims’ Commissioner expressed her view that the scheme “fails to consider victims who have been forced to offend by their exploiters” or whose victimisation “has contributed to their subsequent criminality”.[17]

Police reporting

All CICA applicants are expected to evidence that they have adequately co-operated with the police. However many survivors a fearful of the authorities, as traffickers boast of connections with law enforcement in order to ensure victims do not come forward. Where victims have been forced to commit crime or have been deceived, coerced or forced into crossing borders without permission, traffickers also exert control by telling victims they will be arrested if they speak come forward.

Duncan-Bosu explains: “If you are a victim of trafficking who comes from a country where police corruption is rife, or you spent a long time under the control of a trafficker who’s told you they ‘control the police, and if you report it we’ll have you arrested’, it can be a really difficult to believe and trust that co-operating with the police won’t have negative repercussions. It can be a lengthy process getting someone to feel safe enough to report to the police.”

“It’s not entirely clear why a separate report to the police is needed. Arguably, anyone in the NRM will have consented to assistant and/or have information passed to the police about their treatment.”

In one example provided by ATLEU, a survivor of domestic servitude had to withdraw from CICA because her family members were being threatened abroad and there were no safeguarding options which could be put in place by authorities to tackle threats made abroad.

Immigration status

CICA does not grant compensation in some cases where victims are non-UK nationals.[18] Whilst CICA’s nationality and residency criteria states that victims of trafficking are exempt, survivors without residency must have a final decision from the modern slavery determination process (known as the National Referral Mechanism) before they can apply. This is a higher threshold than for UK nationals or those with settled status. Outside of CICA rules, insecure immigration status can also delay applications. Duncan-Bosu explains: “The starting point for a lot of survivors is getting their immigration situation sorted [which can delay applications for CICA].”

CICA outcomes

Low success rates

Whilst very few victims are recorded as applying for CICA since 2021, even fewer are granted an award. Whilst the authority won’t give an exact figure due to data protection issues, CICA told us via FOI that between 82% and 100% of trafficking victims’ CICA cases decided last year were refused. These findings suggest regression rather than progress.

Data published by the Independent Anti Slavery Commissioners’ office in 2022 suggested that only 19% of applications for compensation made by trafficking victims go on to be granted by CICA.[19]

After Exploitation is awaiting data from CICA regarding the outcomes of the trafficking cases recorded between 2021 and 2024, and will update this briefing once further information is secured.

CICA rejections are common, according to Gautrey. The emotional impact can be significant, as the process has demanded survivors “to recall some of the most traumatic experiences of their lives” only to be “devastated” by the final decision.

Lack of guidance and staff training

Practitioners report broader concerns with the way the CICA decision making process is run, and whether it is suitable for survivors of modern slavery.[20]

As far back as 2015, the law firm Hogan Lovells reported a “general lack of understanding of human trafficking and slavery within CICA”, including poor working knowledge of modern slavery and trafficking definitions and lines of questioning by appeals panels which were not trauma-informed and lacked sensitivity.[21]

Duncan-Bosu explains that there is no public-facing guidance on CICA decision making in trafficking cases. There is one information leaflet for survivors of trafficking, “but none of that is particularly geared towards accommodating what happens to victims of trafficking specifically, like fear of reporting to the police or issues completing the process”.

For example, modern slavery and human trafficking are not, in and of themselves, recognised as crimes of violence by CICA. This means that a survivor can be confirmed as a victim of modern slavery by the Home Office, but still be deemed ineligible for compensation by CICA.

“The scheme talks about crimes of violence including physical assault, sexual assault, threats that lead to mental injury… but makes no reference to trafficking or modern slavery. Referring to the crime of violence and being trafficking or slavery usually results in compensation being refused. For example, somebody in enforced labour may watch as one worker is beaten up quite publicly in front of other workers to send a message. [At surface level] it could seem like no threats were made to the worker directly, so it could be said [by CICA] he has not been threatened. It’s only when you start to probe with the survivor, about the effects of what they have seen and what made them fearful about leaving the situation, that it becomes clear.”

“At a bare minimum, we need a real, clear, set of guidance for claims officers dealing with trafficking situations.”

Data obtained by After Exploitation via Freedom of Information (FOI) request found that the leading reason for CICA to refuse survivors of human trafficking or slavery compensation last year was due to the case not being considered “a crime of violence” (9 out of 21, or 39%).

In practice, this means that survivors confirmed as victims or potential victims of modern slavery by the Home Office are still being deemed ineligible for compensation.

Gautrey said the restrictive criteria within CICA is a problem Hope for Justice also experience. “CICA does not always accept domestic servitude as a crime of violence if no direct physical violence was invited on the victim. They do not accept that coercion or debt bondage meet the definition of a crime of violence, despite these causing the victim psychological harm.”

Waiting times and delays

Research by civil society has documented long waiting times for CICA, amongst both victims of trafficking[22] and other forms of violence more broadly.[23] New data obtained by After Exploitation found that delays for survivors once in CICA remain a significant problem. 24% (n=20) of those who first applied for CICA in the two calendar years previous are still awaiting an initial decision. Cases which go onto be appealed may take longer.

Year of application	Victims still awaiting first decision (as of 14th May 2024)	Total decisions
2021	7	40
2022	13	45
2023	18	37
2024	8	11

Source: After Exploitation, obtained from Criminal Injury Compensation Authority

“We find that it is common for survivors to wait several years for a decision on their CICA claim.” Said Gautrey. “The wait can in some cases hinder the survivors ability to move forward as they feel they are in limbo, wating for an outcome.”

Recommendations

Legal aid access must be consistently made available for survivors to apply for CICA
Every survivor must be given information about CICA by Home Office caseworkers and charity contractors within the National Referral Mechanism (NRM)
Remove restrictions to CICA on the basis of the victims’ cooperation with the police, the timing of their application, their nationality or past offences related to their victimisation
CICA guidance and staff training must be amended to reflect the fact that survivors of modern slavery have exceptional reasons for applying later, not working with the police or offending as a result of their exploitation
CICA must record all survivors of modern slavery applying for compensation, including UK nationals and those with settled status

Authors: Emily Vaughn and Maya Esslemont

[1] https://www.gov.uk/guidance/criminal-injuries-compensation-a-guide

[2] https://victimscommissioner.org.uk/victims/help-for-victims/claiming-compensation/

[3] Please note that National Referral Mechanism data ends on 31st March 2024, whilst CICA data goes up to May 19th 2024. For this reason, the number of survivors not claiming compensation up until May is likely to be higher

[4] UK Government. (July 2012). Council of Europe Convention on Action against Trafficking in Human Beings. Retrieved from https://assets.publishing.service.gov.uk/media/5a75ae20e5274a545822d636/8414.pdf

[5] https://afterexploitation.com/wp-content/uploads/2024/05/a-can-of-worms-challenges-and-opportunities-in-accessing-modern-slavery-evidence-digital.pdf pg 12

[6] https://labourexploitation.org/app/uploads/2022/06/ATLEU-FLEX-HfJ-SM-SC-Joint-submission-Legal-Aid-Means-Test-Review-FINAL.pdf pg 6

[7] https://www.antislaverycommissioner.co.uk/media/1489/letter-from-iasc-to-moj-cics-consultation-october-2020.pdf

[8] https://victimscommissioner.org.uk/document/response-to-criminal-injuries-compensation-scheme-review/

[9] https://www.gov.uk/government/publications/victims-of-human-trafficking-and-the-criminal-injuries-compensation-scheme

[10] Independent Anti-Slavery Commissioner. (2022, April). Access to compensation and reparation for survivors of trafficking: Policy paper. Retrieved from https://www.antislaverycommissioner.co.uk/media/1771/iasc-policypaper_access-to-compensation-and-reparation-for-survivors-of-trafficking_april-2022-final.pdf

[12] https://afterexploitation.com/wp-content/uploads/2024/05/a-can-of-worms-challenges-and-opportunities-in-accessing-modern-slavery-evidence-digital.pdf (pg 13)

[13] https://www.bbc.co.uk/news/uk-england-59149029.amp

[14] https://www.gov.uk/guidance/criminal-injuries-compensation-a-guide (See: Time limits for applying)

[15] https://assets.publishing.service.gov.uk/media/6659a22316cf36f4d63ebcc3/Modern+Slavery+Statutory+Guidance+_EW_+and+Non-Statutory+Guidance+_SNI_+v3.10.pdf pg 114

[16] https://www.gov.uk/government/statistics/modern-slavery-nrm-and-dtn-statistics-end-of-year-summary-2023/modern-slavery-national-referral-mechanism-and-duty-to-notify-statistics-uk-end-of-year-summary-2023