High Court finds Home Secretary misinterpreted policy on supporting victims of modern slavery

Summary of case from Matrix Chambers -

‘The Claimant argued that under the policy (Modern Slavery Act 2015 – Statutory Guidance for England and Wales), he was entitled to a total payment of £65 per week, comprising asylum support and modern slavery support. The Defendant contended that the Claimant was entitled to only £35 per week under the policy.

The High Court, allowing the Claimant’s claim, found that paragraph 15.37 of the Defendant’s policy meant what it said: a potential victim or victim of modern slavery in receipt of “financial support under sections 95, 98 or section 4 of the Immigration and Asylum Act 1999 (‘asylum support’)” was entitled to a trafficking payment from the Secretary of State in the sum of £65 per week, less any weekly cash payment received in asylum support.’

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JB, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 3417 (Admin)