News

Duncan Lewis issued a challenge against the Secretary of State for the Home Department (‘SSHD’) on behalf of multiple clients, all of whom are confirmed victims of trafficking or modern slavery, and who had been refused leave to remain by the Home Office.

The claimants argued that the SSHD was operating an unlawful policy of refusing permission to stay for victims of trafficking and slavery, on the basis that they were not currently receiving mental health therapy or that treatment was allegedly available in their country of origin. This was the case even where:

• survivors were on the waiting list for receiving psychological therapy or were in between two stages of therapy;
• the clients had been assessed by mental health clinicians as requiring stable immigration status before they can meaningfully engage in any form of mental health therapy; and/or
• there was clear expert evidence that either they would be unable to access suitable treatment in their country of origin or that no such treatment was even available.

The claim concerned the SSHD’s interpretation of s.65 of the Nationality and Borders Act 2022 (which requires the SSHD to grant VTS leave where it is “necessary for the purpose of assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation”), the Immigration Rules and the Home Office’s own Temporary Permission to Stay for Victims of Human Trafficking and Slavery policy (the “VTS policy”).

Following our application for judicial review, the SSHD announced a general pause on VTS decisions whilst undertaking a review of their policy, in light of the concerns we raised regarding the current system for granting VTS leave. The SSHD has also agreed to reconsider the claimants’ negative VTS decisions, in addition to giving assurances regarding a large number of Duncan Lewis clients who had not yet issued proceedings. 

Sophie Chadd and Angelo Monni, two of the solicitors representing the claimants, say that:

“This is a significant victory for a vulnerable and heavily-traumatised group of people, who had been failed by the previous government’s approach to deciding VTS leave. The SSHD routinely applied an absurdly high threshold, failed to engage with expert evidence, and did not properly investigate whether our clients could access treatment in their countries of origin.

This left survivors of modern slavery in limbo, with significant untreated mental health problems, at high risk of being re-trafficked, and unable to recover from the effects of their exploitation.”

The Duncan Lewis team were assisted earlier in the case by charities and anti-trafficking experts, who provided invaluable guidance on issues such as the support needs of trafficking survivors, and the effect that lack of immigration status has on their ability to recover. These included:

• The Helen Bamber Foundation
• The University of Nottingham Rights Lab
• Unseen
• After Exploitation
• Snowdrop Project
• Anti Slavery International

The claimants were represented by Ahmed Aydeed, Sophie Chadd, Angelo Monni, Natalie Hawes and Victoria Champs of the Public Law Department at Duncan Lewis Solicitors. They instructed Chris Buttler KC and Zoe McCallum of Matrix Chambers, Agata Patyna of Doughty Street Chambers, and Emma Fitzsimons of Garden Court Chambers.

The Duncan Lewis legal team:

Ahmed Aydeed (Director)

Ahmed Aydeed, serving as a Director at Duncan Lewis, is known for his expertise in complex immigration, asylum, and human rights cases. With a strong focus on public law, Ahmed has been instrumental in leading high-profile legal challenges that have shaped UK immigration law. He is renowned for his dedication to protecting the rights of vulnerable individuals.

Contact: AhmedA@duncanlewis.com  | 020 7275 2036

Sophie Chadd (Solicitor)

Sophie Chadd is a Solicitor at Duncan Lewis specialising in a range of legal areas including immigration, asylum, and human rights. Known for her meticulous approach, Sophie has successfully represented clients in complex legal matters, demonstrating a strong commitment to achieving the best possible outcomes.

Contact: SophieC@duncanlewis.com | 020 3114 1130

Angelo Monni (Solicitor)

Angelo Monni is a Solicitor at Duncan Lewis conducting a wide range of work, including judicial reviews and human rights claims. He has worked on several high-profile cases, including the challenge to the draft Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023, and preventing the imminent transfers of multiple asylum-seeker clients to the Bibby Stockholm barge.

Contact: AngeloM@duncanlewis.com |020 3114 1141

Natalie Hawes (Caseworker)

Natalie Hawes is a dedicated caseworker at Duncan Lewis. She works closely with clients in immigration and asylum cases, providing thorough and compassionate support. Natalie's attention to detail and commitment to client care make her a valued member of the legal team.

Contact: NatalieH@duncanlewis.com | 020 3114 1109

Victoria Champs (Caseworker)

Victoria Champs, a caseworker at Duncan Lewis, is involved in a wide variety of asylum, public law and human rights cases. She is committed to assisting the most vulnerable members of society.

Contact: VictoriaC@duncanlewis.com  | 020 3114 1177

Duncan Lewis Solicitors

Duncan Lewis’ award-winning public law team holds top tier rankings in the Legal 500 and Chambers directories and has been involved in high-profile cases such as the Rwanda challenge, Manston House, and the Brook House detention centre inquiry. Duncan Lewis was crowned Law Firm of the Year at the LexisNexis Awards 2024 and is ranked as one of the top 250 law firms in the country by the Times.