Survivors of trafficking receive almost £250,000 in compensation from CICA in ATLEU project

Eight survivors of trafficking have received £247,417 in compensation from the Criminal Injuries Compensation Authority (CICA) in a groundbreaking project from ATLEU.

Survivors of trafficking are significantly more likely to obtain compensation from CICA when they have access to legal support. But the lack of legal aid means that few solicitors are able to take on CICA cases, while the complexity of applications, particularly for survivors, means that many support organisations cannot prepare them without legal support.

The Independent Anti-Slavery Commissioner documented that from 2012-2020, in England and Wales, only 54 out of 283 applications by survivors of trafficking to the scheme were awarded compensation. In contrast, in this project, 8 out of 14 clients with a decision from CICA have received a compensation award.

The project paired Independent Modern Slavery Advocates (IMSAs) at Hope for Justice, an anti-trafficking organisation in the North of England, with solicitors working on a pro bono basis. The solicitors and IMSA work together, with the IMSA liaising with survivors and the solicitors drafting written representations to submit alongside the CICA applications.

For survivors of trafficking and modern slavery, compensation is more than money. It is recognition, justice, and the chance to rebuild their lives with dignity and autonomy. Further, for many survivors of trafficking and modern slavery, an application to the Criminal Injuries Compensation Authority (CICA) is the only viable route to compensation, particularly when traffickers cannot be identified, located or have no identifiable assets.

But the CICA scheme was not designed with survivors of trafficking in mind. Although it was amended to confirm that recognised survivors are eligible to apply, no other changes were made to the scheme’s rules, and no guidance was issued to CICA decision-makers on how to approach such applications. As a result, applications are often wrongly refused.

Access to CICA compensation is further limited by the absence of a clear entitlement to legal aid for preparing CICA applications, which means that few survivors get the compensation to which they are entitled.

‘The CICA process is very lengthy,...This can be re-traumatising. It can feel dismissive. If I didn’t have support, I would have just left CICA after I received the negative decision as I would not have known how to challenge the decision.’ Survivor of trafficking

‘The CICA Scheme is not currently fit for purpose for survivors of trafficking and modern slavery. The vast majority of survivors of human trafficking and modern slavery who should receive compensation from CICA are denied it. The evidence from this project is clear: legal representation significantly improves outcomes for survivors applying to CICA.’ Victoria Marks, Director ATLEU

We call on the government to ensure that survivors of trafficking are not left to face the CICA process without legal support. The government needs to make urgent changes to the CICA scheme rules so that it is genuinely accessible for survivors of human trafficking and modern slavery.

'Life-changing' The Impact of Criminal Injuries Compensation report Nov 25