10 Years of the Modern Slavery Act

The Modern Slavery Act, which received Royal Assent and passed into law 10 years ago this week, was a pivotal moment in the UK’s response to modern slavery and human trafficking. From establishing the criminal law framework for the prosecution of traffickers, to creating the position of Independent Anti-Slavery Commissioner, to imposing duties on business to report on their supply chains, the Act was groundbreaking.  

As the Bill was drafted and progressed through Parliament, Hope for Justice played an important role informing MPs and Peers on the issues, drawing from our extensive casework experience, equipping them to understand the implications of the new legislation. 

This new legislation brought with it considerable political attention and appetite for change. New resources were allocated to tackle the issue in the UK and around the world. It is important to recognise and celebrate the important stride forward which this new legislative framework represented at the time. 

Theresa May’s leadership was critical to the Act’s introduction and she continued to champion the issue as Prime Minister, describing modern slavery as ‘the great human rights issue of our time’. 

However in the decade that has followed, it has become clear that there is considerably more work to be done. The dedication, expertise and hard work of stakeholders across the country – survivor leaders, law enforcement, NGOs, local authorities, academics and many others – has helped to deepen our collective understanding of the problem. If we are to succeed in preventing modern slavery and human trafficking, the Modern Slavery Act cannot be the final word in our legislative response to these issues.  

As we mark 10 years of the Modern Slavery Act, as well as 10 years of anti-trafficking legislation in Scotland and Northern Ireland, this presents an opportune moment to re-commit to eradicating such abuse and exploitation from our societies. Whilst political leadership on tackling modern slavery has waned in the years since the Act’s passing, the new UK Government, in particular the Minister for Safeguarding, have an opportunity to re-ignite the UK’s response. 

Home Office statistics for the number of survivors identified in the UK in 2024 are revealing; encapsulating both the progress made and the challenges which remain. 19,125 people were referred to the National Referral Mechanism – the Government’s system for identifying and supporting survivors of modern slavery – the highest number of referrals in a year since the NRM was established. It is encouraging that improved understanding and awareness has led to more survivors being initially identified – but many are then being excluded from support. Legislative and policy changes introduced since the passage of the Modern Slavery Act have made it harder for people to be recognised as having experienced modern slavery and human trafficking.  

As the Home Office explains: The proportion of positive decisions had remained relatively stable in recent years, with around 9 out of every 10 referrals receiving a positive decision. However, from 30 January 2023, the threshold for a positive reasonable grounds decision was updated, which led to a reduction in the proportion of positive decisions issued.  

Reasonable grounds decisions are the gateway into further support for survivors of modern slavery. This initial decision gives potential victims access to a safe house, legal aid, financial support and a support worker, under the Modern Slavery Victim Care Contract (MSVCC). In 2024, only 53% of reasonable ground decisions were positive.  

The Home Office has committed to clearing the backlog of people waiting for a decision on whether or not they will be recognised as a victim of modern slavery. This must be done within a framework which offers meaningful protection to people often in very precarious situations. The current system places a heavy burden of proof on survivors at a point in their recovery when they may be unable to disclose details or evidence their experience. The increase in negative decisions has led to many survivors of modern slavery being excluded from support services, which can have a detrimental impact on their recovery, as well as reducing the likelihood of them being able to engage with criminal processes and helping to hold traffickers to account. 

According to a House of Lords review of the Modern Slavery Act, in 2024: “Recent immigration legislation has limited the support which the Act originally afforded to victims. This has left victims vulnerable, without adequate protection from their traffickers.” 

Many of the regressive policies introduced in the years following the passage of the Act in 2015 stem from the conflation of modern slavery with immigration. Experts with lived and learned experience in the UK and internationally have criticised not only the ways in which survivors’ rights have been limited, but also the hostile rhetoric which has been directed towards them: unsubstantiated accusations were made of false claims of modern slavery and abuse of the system of support.  

Looking to the future, Hope for Justice welcomes the opportunity to work with the new Government on their response to modern slavery.  

Survivors of modern slavery and human trafficking are required to navigate complex systems, services and legislation at a time when they are most isolated and vulnerable. An Independent Modern Slavery Advocate® (IMSA) works with the survivor to understand and navigate this landscape, while enabling them to overcome barriers and empowering them to make informed decisions about their recovery. An IMSA is a trained expert who works alongside a survivor ensuring socio and legal rights and entitlements are realised, including as regards housing, compensation, immigration and engagement with criminal justice processes.  

Hope for Justice has worked with the British Red Cross, the Snowdrop Project, the Bakhita Centre for Research on Slavery, Exploitation and Abuse, SOHTIS and survivor leaders to develop a model for independent advocacy. We recommend that IMSAs be embedded in the national response to modern slavery.  

Stopping modern slavery and human trafficking should be everyone’s business. Whilst the Home Office has taken the lead in this policy area, many other central and local government departments have a crucial role to play in mitigating the risk of exploitation, assisting survivors in their recovery, and holding traffickers to justice. We therefore recommend the introduction of a cross-government strategy to provide the much-needed impetus for action across the board.  

The Prime Minister has spoken of his commitment to international law and human rights. As a member of the Council of Europe (a different body than the EU), the UK remains bound by the Convention on Action against Trafficking in Human Beings, known as ECAT, which provides a framework for responding to human trafficking. This framework includes survivor protection and measures aimed at preventing exploitation and prosecuting offenders. We recommend that a duty be imposed to require UK public bodies to act in compliance with ECAT.  

The Modern Slavery Act required large businesses to publish details of what action they were taking to identify and tackle exploitation in their supply chains. This succeeded in getting business attention and many have since taken important action to reduce the risk of harm. However the Act lacks ‘teeth’: it does not require businesses to take action and businesses which do not comply with the transparency requirements have not been punished. The Home Office has just this week published some updated guidance, which we will be monitoring closely. 

The Modern Slave Act broke important new ground in 2015, but legislation in the U.S. and Europe has moved on. We recommend that the government keep pace with developments around the world and introduce mandatory human rights due diligence requirements for business.