SEFTON LSCB Safeguarding Policies and Procedures Online Manual

    Actions for the Competent Authority if the Reasonable Grounds decision is negative

    Last updated 18/05/2017

    If the Competent Authority decides that there are not reasonable grounds to accept the person is a potential victim of human trafficking or modern slavery, they will not offer support for a 45 day recovery and reflection period and the Home Office will not consider or grant them TA or TR.

    Actions for Home Office and UKHTC where the reasonable grounds decision is negative

    Action 1: record the decision
    Update CID with ‘PVoT outcome refused’. (Home Office action only)

    The Competent Authority should draft a minute explaining the reasons for the negative reasonable grounds decision and keep it on file

    They must also send the minute of reasons to the victim.

    Complete the decision letter.

    The Home Office and UKHTC use the same decision letter:

    • UKBA NRM 04 (ICD.4049 on CID Doc Gen)

    Action 2: notify the victim of the decision
    Issue the decision letter NRM 04 including consideration minute to the adult victim concerned through their appointed representative, where applicable (or Local Authority in the case of a child victim).

    The Competent Authority letter must include full details of what they have considered and explain their decision.

    The Competent Authority must not serve a decision letter or other human trafficking or modern slavery papers on a child under any circumstances. All human trafficking or modern slavery papers must be served on the child’s appointed representative or the Local Authority.

    Action 3: notify agencies of the decision
    The Competent Authority must notify the following of their decision using UKBA NRM 05 (ICD.4050 on CID Doc Gen):

    • the first responder (all cases)
    • support provider (all supported adult cases and family cases) and the Salvation Army if supported in England and Wales), TARA or Migrant Help if the adult is being supported in Scotland or Migrant Help or Women’s Aid if the adult is being supported in Northern Ireland)
    • the Local Authority (in the case of children) where the relevant NRM 03 letter is used instead)

    If the Home Office is the Competent Authority they must also notify the UK Human Trafficking Centre of their decision in all cases using UKBA NRM 09 (ICD.4460 on CID Doc Gen). (Home Office action only)

    Action 4: notify agencies of the decision where there are criminal proceedings
    If the potential victim is the subject of criminal proceedings several agencies need to be notified as soon as the reasonable grounds decision is made.

    The Competent Authority must ensure that the police (National Human Trafficking Unit in Scotland) are notified of the negative reasonable grounds decision as soon as they make it.

    The Competent Authority must use notification letter UKBA NRM 05 (ICD.4050 on CID Doc Gen) for the police or contact them by email or telephone as appropriate.

    Generally the Competent Authority should ask the police to notify prosecutors (the Crown Prosecution Service (or the Crown Office and Procurator Fiscals Service in Scotland or Prosecution Service in Northern Ireland) of the negative reasonable grounds decision as soon as they make it.

    Home Office Competent Authority next steps for live immigration cases following a negative Reasonable Grounds decision

    If the Home Office is the Competent Authority they will need to consider additional next steps in live immigration cases once a reasonable grounds decision has been taken.

    This section does not apply to UKHTC. Pilot panel decisions with live immigration issues will need to be referred to the Home Office to take appropriate immigration steps.

    Action 5: take decisions on any live application such as an asylum claim, as appropriate.
    The Home Office Competent Authority may make an asylum decision for any outstanding asylum claim at the point a negative reasonable grounds decision is taken. Other outstanding immigration applications can be concluded.