SEFTON LSCB Safeguarding Policies and Procedures Online Manual

    Monitoring case progress during the 45 day recovery and reflection period

    Last updated 18/05/2017

    30 day review

    To make sure the potential victim has sufficient time for recovery and reflection and that a conclusive grounds decision can be made as near as possible to day 45 (although that may not be possible in every case), you must set a review date for day 30 to:

    • monitor progress on the case
    • check it is on target for a conclusive decision

    Up to day 30 (and beyond where appropriate) the Competent Authority must be gathering information to make the conclusive grounds decision. As part of this, they must contact the:

    • support provider
    • first responder 
    • investigating police force where relevant (or National Human Trafficking Police Unit in Scotland)
    • Local Authority (in the case of children)

    Requests to extend the 45 day recovery and reflection period

    A potential victim’s specific circumstances could mean they need more than 45 days to recover and reflect. If representations are made for more time, you must consider whether an extension is appropriate. The length of extension will be considered on a case by case basis depending on the facts of the individual case.

    Contacting the agencies listed above will help the Competent Authority decide if an extension of the recovery and reflection period is warranted. Likely reasons for an extension include:

    • serious health issues
    • severe mental health or psychological issues (including post traumatic stress disorder) requiring a longer period of recovery and reflection
    • high levels of victim intimidation

    Granting an extension of the recovery and reflection period

    If the Competent Authority decides to grant an extension to recover and reflect you must:

    • update CID and explain the reason for the extension on the file
    • advise the individual (through their appointed representative if applicable), support provider and the UK Human Trafficking Centre (UKHTC)

    Reviewing the extension of the recovery and reflection period

    Where the 45 day recovery and reflection period has been extended the Competent Authority, first responder and support provider must keep the extension under review. Delaying the conclusive decision unnecessarily may have consequences for the wellbeing of the victim, and for the UK in terms of support costs.

    It is the responsibility of the Competent Authority to make sure they correctly review the extension and at the correct intervals. The extension must be reviewed either:

    • every 28 calendar days
    • when there is a change in the victim’s circumstances

    When completing an extension review, the Competent Authority must consider all the circumstances of the case to make sure the extension continues to be appropriate. They must contact the:

    • support provider (all supported adult and family cases)
    • investigating police force or (National Human Trafficking Unit, Police Scotland)
    • Local Authority (in the case of children)

    Home Office action only: If the person needs a further period of recovery and reflection the Home Office must consider whether an extension of Temporary Admission (TA) or Temporary Release (TR) is appropriate. See section above.

    Even if a person does not require a further period of recovery and reflection the Compete Authority may need more time to make a conclusive grounds decision in order to gather information or due to administrative delays associated with that consideration process. In such cases the Home Office may where appropriate consider whether an extension of TA or TR is appropriate.

    Record keeping of extensions

    The Competent Authority must minute the extension review on the case file.

    Home Office action only: Where the Home Office is the Competent Authority they must also minute the extension review on CID.

    Their review must include the potential victim’s:

    • name
    • date of birth
    • nationality
    • date of the Reasonable Grounds decision
    • calendar days since the Reasonable Grounds decision
    • a summary of contact with the following since the last review:
    • the support provider
    • first responder
    • investigating police force (or National Human Trafficking Unit, Police Scotland) and Local Authority (in the case of children)
    • a summary of progress of the victim since last review including reference to any mental health issues or compassionate circumstances
    • a brief action plan setting out what steps will be taken in the next period to progress the case
    • a recommendation clearly stating the argument for making the conclusive grounds decision or extending the recovery and reflection period further

    Refusing to grant an extension

    If the Competent Authority decides not to grant an extension they must:

    • make a note on the file and/or CID
    • send a letter to the individual (through their appointed representative if appropriate) explaining the reasons for refusal
    • send copies of the letter to the following as appropriate
    • support provider (where supported)
    • first responder
    • investigating police force where relevant (or National Human Trafficking Police Unit in Scotland)
    • Local Authority (in the case of children)