Modern Slavery: Conclusive Grounds

Conclusive Grounds decisions are made to determine whether ‘on the balance of probabilities’ there are sufficient grounds to decide that the individual is a victim of modern slavery.

(Government definition)

What are conclusive grounds and why do they matter?

Within the UK's National Referral Mechanism (NRM), if and when a competent authority determines, "on the balance of probabilities," that there are enough grounds to believe someone is a victim of modern slavery (human trafficking, slavery, servitude, or forced or compulsory labor), it officially recognizes the individual as a victim. This, in turn, allows them to access support. This includes accommodation, counseling, legal aid, and various other forms of halp available through the NRM. 

In some cases, a positive ‘conclusive grounds’ decision is a prerequisiteto obtaining temporary permission to stay in the UK.

A conclusive grounds decision can also be a crucial step in bringing the perpetrators to justice. 

There are various elements to "conclusive grounds"

• Balance of probabilities: The decision-maker must be convinced that the individual has been a victim of modern slavery. 

• Competent authority: In the UK, this refers to the Home Office's Single Competent Authority (SCA) or the National Crime Agency's (NCA) Modern Slavery Human Trafficking Unit (MSHTU).

The Process

1. Referral to the NRM:

Individuals are referred to the NRM by designated first responders (for example the police, social services or charities). 

2. Reasonable grounds decision:

The Competent Authority (see above) first makes a "reasonable grounds" decision, which has a lower threshold than “conclusive grounds” but sets things in motion. 

3. Conclusive grounds decision:

If the reasonable grounds decision is positive, the Competent Authority will then go on to decide whether there are ‘conclusive grounds’ to believe the individual is a victim. 

Individuals can request a reconsideration of a conclusive grounds decision (essentially appeal) if they have new information, or if they believe the decision was not in line with guidance. 

At CAAGe we are slowly building a bank of resources that may help those groomed into Modern Slavery: Modern Slavery and Adult Grooming.

(We welcome any additional resources.)