National Enforcement Powers Guide National Enforcement Powers Guide National Enforcement Powers Guide England and Wales Public Version Published February 2021 OFFICIAL Page 1 OFFICIAL Page 2 1.0 National Enforcement Powers Guide National Enforcement Powers Guide National Enforcement Powers Guide Contributors Published January 2021 NNCF Coordinators The National Enforcement Powers Guide has been coordinated and compiled by Kate Rolle, Hertfordshire Modern Slavery Partnership Gary Robinson Derby and Derbyshire Modern Slavery Partnership Coordinator at Shiva Foundation, in collaboration with Katy Parker, (Derby City Council) Project, Parliament and Communications Coordinator at the Human Pop Gill Derby Anti-Slavery Partnership (Derby City Council) Trafficking Foundation (HTF) and Alan Beach, Eastern Region Jillian Fosten Norfolk Anti-Slavery Partnership (British Red Cross) Coordinator in the Modern Slavery and Organised Immigration Crime Unit (MSOIC). Kate Davis Modern Slavery Partnership, Hampshire, IOW, The guidance, which has been produced as a collaborative project Portsmouth and Southampton (Office of the Police Crime by the National Network Coordinators Forum (NNCF) and MSOIC, Commissioner for Hampshire) has depended on the expertise and significant time given by the Kate Rolle Hertfordshire Modern Slavery Partnership (Shiva coordinators and a great number of experts from across the law Foundation) enforcement sector who are listed below as contributors. Without the Katy Parker Human Trafficking Foundation generosity and commitment of these individuals, and the support of Andrew Smith Humber Modern Slavery Partnership (University of Hull) the organisations who employ them, this publication of the National Robyn Phillips Modern Slavery & Exploitation Partnership Group (STOP Enforcement Powers Guide simply would not have been possible. THE TRAFFIK) Editor: Marsha Humphreys Kent & Essex Anti-Slavery Partnership (Essex Police) Kate Rolle Hilary Agg South West Anti-Slavery Partnership (Unseen) Megan Bethell South Yorkshire Modern Slavery Partnership (Ashiana) Proof Readers: Robin Brierley West Midlands Anti-Slavery Network Sian Lea, Katy Parker Copyright: The contents of this document remains the property of the agencies featured and the MSOIC so any use should be fully acknowledged. MSOIC Coordinators Gary Atkinson Eastern Region Alan Beach Eastern Region Harry Dicks Midlands Region - East HERTFORDSHIRE Jason Grove Midlands Region - West Modern Slavery Partnership Carl Peters North East Region Graeme Sutton North West Region Justin Powell-Hills South East Region Andrea Maine South West Region Richard Tumelty Wales Victoria Wilson Yorkshire and Humber Region Design by: Count Creation Ltd OFFICIAL Page 1 OFFICIAL Page 2 National Enforcement Powers Guide National Enforcement Powers Guide Contributing Agencies Paul O’Day Dacorum Borough Council Ian Sanders Hull City Council Kim Osborne Department for Work and Pensions (DWP) Jon Hayton Hull City Council Sara Braker Department for Work and Pensions (DWP) Liz Anning Immigration Enforcement (Home Office) Jane O’Brien East Hertfordshire District Council Additional Contributors Immigration Enforcement (Home Office) Dave Worboys Employment Agency Standards Inspectorate (EAS) Multiple Contributors National Crime Agency (NCA) Rhys Jones Employment Agency Standards Inspectorate (EAS) Ann Davidson North Hertfordshire District Council Julia Leigh Environment Agency Sian Lea Shiva Foundation Matt Simmance Environment Agency Emily Peschiera Shiva Foundation Steve Smith Food Standards Agency Andy Luck Welwyn Hatfield Borough Council Andy Desmond Gangmasters and Labour Abuse Authority (GLAA) Jo Harding Welwyn Hatfield Borough Council Chris Dunleavy Gangmasters and Labour Abuse Authority (GLAA) Kate Payne Welwyn Hatfield Borough Council Darryl Dixon Gangmasters and Labour Abuse Authority (GLAA) Samantha Maxwell Welwyn Hatfield Borough Council Graeme Simpson Gangmasters and Labour Abuse Authority (GLAA) Jason Holt West Midlands Fire and Rescue Service Ian Waterfield Gangmasters and Labour Abuse Authority (GLAA) Nick Whittle Gangmasters and Labour Abuse Authority (GLAA) Steve Knight Gangmasters and Labour Abuse Authority (GLAA) Multiple Contributors Hammersmith and Fulham Council Barbara Hockey Health and Safety Executive Maureen Kirwan Health and Safety Executive Michael Cadman Hereford and Worcester Fire and Rescue Service Sean Bailey Hereford and Worcester Fire and Rescue Service Disclaimer Duncan Montague Hertfordshire Constabulary This guide should not be used by agencies to cover or replace any individual agency’s more detailed Jim Moran Hertfordshire Fire and Rescue Service policy and standing operating procedures but to act as a reference point for understanding external partner powers and responsibilities. Kevin Gutherson Hertfordshire Fire and Rescue Service To ensure the accuracy, completeness and reliability of the information provided, included agencies Steve Holton Hertfordshire Fire and Rescue Service were regularly consulted and involved in drafting and reviewing the content and their individual Tim Day Hertfordshire Trading Standards contributions informed key sections of the guide. Yvonne Bartlett Hertfordshire Trading Standards Considering future changes in UK Government legislation and policy, agency powers are likely to change frequently and therefore the contents of this guide must be seen within the time period that Andy Chittenden Hertsmere Borough Council it is published. However, it is intended that this guide will be updated on a regular basis to reflect relevant changes when deemed most appropriate to do so. Multiple Contributors HM Revenue and Customs If you would like to make any additions or changes to the guide, then please contact: [email protected]. OFFICIAL Page 3 OFFICIAL Page 4 National Enforcement Powers Guide National Enforcement Powers Guide Contents Foreword: Minister for Safeguarding Foreword - Minister for Safeguarding 6 This Government is committed to eradicating modern slavery and labour Foreword - Independent Anti-Slavery Commissioner (IASC) 7 exploitation and bringing the perpetrators behind these abhorrent Foreword - National Policing Lead for Modern Slavery 8 crimes to justice. However, we cannot do this alone and the role of law Introduction 9 enforcement agencies is paramount. The Modern Slavery Act 2015 and the Immigration Act 2016 underscored our Agency Sections: commitments and gave law enforcement agencies the tools they need to disrupt 1. Police 11 offenders. Since 2016 we have provided over £13 million of funding to support the policing response, as well as providing £33 million for the state enforcement of labour 2. National Crime Agency (NCA) 21 market legislation. 3. Immigration Enforcement (IE) 31 There is more we need to do. The challenges presented by Covid-19 have shown how 4. Gangmasters and Labour Abuse Authority (GLAA) 39 quickly this abhorrent crime can evolve and throughout the pandemic we have worked 5. Employment Agency Standards Inspectorate (EAS) 49 closely with a range of partners, including law enforcement agencies, local authorities 6. HM Revenue & Customs (National Minimum Wage team) and NGOs to ensure that our enforcement response and support for victims continues. (Law Enforcement Version Only) It’s now more important than ever to ensure that victims have access to essential 7. HM Revenue & Customs (Interventions) support. (Law Enforcement Version Only) The National Referral Mechanism (NRM) continues to lift victims of modern slavery from 8. Department for Work and Pensions (DWP) dangerous situations of exploitation and put them in a position to rebuild their lives. Our (Law Enforcement Version Only) ambitious NRM Transformation Programme will introduce a series of changes to ensure 9. Trading Standards (TS) 57 victims have their cases settled promptly, receive support tailored to their recovery needs from the outset, and are empowered to move on with their lives. It is vital that 10. Environment Agency (EA) 69 supporting victims is not a solo effort and that every agency that encounters potential 11. Fire and Rescue Service (FRS) 79 victims is working collaboratively to provide the best possible support. 12. Health and Safety Executive (HSE) 89 In the Leicester textiles industry, deeply concerning reports of labour exploitation 13. Food Standards Agency (FSA) 97 have brought home the often hidden, but real, risks that vulnerable workers can face. 14. Local Authority Housing Enforcement 107 However, in responding to these concerns, we have seen the immeasurable value 15. Local Authority Licensing 117 of multi-agency working and a key lesson from the Gangmasters and Labour Abuse Authority-led Leicester Taskforce has been the importance of understanding the range 16. Local Authority Planning 127 of powers available to different agencies. I wholeheartedly welcome the publication of this National Enforcement Powers Guide Appendix which will support this continued collaboration between law enforcement partners. I Appendix A - National Referral Mechanism: System and Process 137 hope that this guide will serve as a crucial tool in supporting our work to ensure that Appendix B - Flow Chart: How to Apply for an STRO and an STPO 139 victims are provided with the support they need and offenders behind these cruel Appendix C - List of MSOIC Documents 140 crimes are prosecuted. I would like to thank the National Network Coordinators Forum (NNCF), the Modern Slavery and Organised Immigration Crime Unit (MSOIC)