(1)Section 50A of the Modern Slavery Act 2015 (identified potential victims etc: assistance and support) is amended as follows.
(2)In subsection (2), after “the Secretary of State” insert “or an authorised person”.
(3)After subsection (2) insert—
(2A)But where the Secretary of State disagrees with an assessment by an authorised person that assistance and support is necessary, the Secretary of State may override that assessment.
(4)After subsection (4) insert—
(4A)Subsections (1) and (4) do not apply in relation to a child.
(5)After subsection (5) insert—
(5ZA)Subsections (1) and (4) do not impose a duty to secure that assistance or support is available to a person if—
(a)the assistance or support would have been available to the person otherwise than by reason of those subsections but for a contravention, failure or other adverse conduct on the part of the person, and
(b)the Secretary of State or an authorised person is satisfied that the contravention, failure or adverse conduct is not properly attributable to any physical, psychological or social harm which arose from the conduct which resulted in the positive reasonable grounds decision.
(6)In subsection (7), after “section—” insert—.
“authorised person” means a person authorised by the Secretary of State for the purposes of this section;
Amends Modern Slavery Act 2015, section 50A — Identified potential victims etc: assistance and support
Modern Slavery Act 2015 — section 50A
(1) The Secretary of State must secure that any necessary assistance and support is available to an identified potential victim (within the meaning given by section 61 of the Nationality and Borders Act 2022 (the “2022 Act”)) during the recovery period.
(2) For the purposes of this section, assistance and support is “necessary” if the Secretary of State or an authorised person considers that it is necessary for the purpose of assisting the person receiving it in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision in question.
(2A) But where the Secretary of State disagrees with an assessment by an authorised person that assistance and support is necessary, the Secretary of State may override that assessment.
(3) Subsection (4) applies where a further RG decision, within the meaning given by section 62 of the 2022 Act, is made in relation to a person.
(4) If the Secretary of State determines that it is appropriate to do so, the Secretary of State must secure that any necessary assistance and support is available to the person during the period—
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(4A) Subsections (1) and (4) do not apply in relation to a child.
(5) Any duty under subsection (1) or (4) ceases to apply in relation to a person in respect of whom a determination is made under section 63(2) of the 2022 Act (disqualification from protection).
(5ZA) Subsections (1) and (4) do not impose a duty to secure that assistance or support is available to a person if—
(a) the assistance or support would have been available to the person otherwise than by reason of those subsections but for a contravention, failure or other adverse conduct on the part of the person, and
(b) the Secretary of State or an authorised person is satisfied that the contravention, failure or adverse conduct is not properly attributable to any physical, psychological or social harm which arose from the conduct which resulted in the positive reasonable grounds decision.
(6) In this section, a reference to assistance and support is to assistance and support provided in accordance with—
(a) arrangements referred to in section 49(1)(b), or
(b) regulations made under section 50.
(7) In this section—
“authorised person” means a person authorised by the Secretary of State for the purposes of this section;
“conclusive grounds decision” has the same meaning as in Part 5 of the 2022 Act (see section 69 of that Act);
“recovery period” has the same meaning as in section 61 of that Act.
About the provision this changes
Cases citing s.50A: 6 — DNG, R (on the application of) v Secretary of State for The Home Department [2026] EWHC 1769 (Admin); AYA & Ors, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 1742 (Admin); ABW, R (on the application of) v Secretary Of State for the Home Department [2025] EWHC 3280 (Admin)
Explanatory Notes · published by the Government with the Bill
323. This clause amends section 50A of the Modern Slavery Act 2015 (as inserted by section 64 of the Nationality and Borders Act 2022).
324. Subsection (2) amends section 50A(2) to provide that a person authorised by the Secretary of State can take a view on what will constitute ‘necessary’ support and assistance to assist a potential victim in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision concerned.
325. Subsection (3) inserts a new subsection (2A) into section 50A. This gives the Secretary of State the power to override an assessment that support and assistance is necessary to assist a potential victim in their recovery, where this assessment is made by an authorised person under section 50A(2).
326. Subsection (4) inserts a new subsection (4A) into section 50A which disapplies subsections (1) and (4) in relation to children. This removes children from the duties on the Secretary of State to secure the necessary assistance and support for potential victims during their initial recovery period and any subsequent recovery periods. This has been done to ensure the legislation properly reflects operational realities, specifically that child victims are supported and safeguarded by local authorities and other agencies via separate existing legal duties, including under the Children Act 1989 and the Social Services and Well-being (Wales) Act 2014. The Department for Education also issues the Statutory Guidance ‘Working together to safeguard children’ to guide multi-agency working to help, protect and promote the welfare of children.
327. Subsection (5) inserts a new subsection (5ZA) into section 50A which provides an exception to the Secretary of State’s duty under sections 50A(1) and (4) to secure that necessary assistance is available to an identified potential victim during the recovery period. The intention is that such services include specific Home Office services to support adult modern slavery victims in addition to wider statutory support services. The exception at subsection (5ZA)(a) will apply where a form of necessary assistance and support (for example, accommodation), is being provided by a support service, but the person’s adverse conduct, contravention or failure (for example, to fulfil basic conditions attaching to the support) has resulted in that support no longer being made available to them. This means that where support, assessed to have been suitable to meet the individual’s modern slavery needs, is removed by a service as a result of the person’s failure, contravention, etc., the Secretary of State will not be under a duty to provide equivalent support.
328. Subsection (5ZA)(b) requires that, before the duties at section 50A(1) and (4) can be disapplied, the Secretary of State or authorised person must be satisfied that the victim’s adverse conduct, contravention or failure to meet the requirements of wider state support services is not attributable to harm caused by the modern slavery experience that led to their positive reasonable grounds decision.
329. Subsection (6) inserts the definition of an “authorised person” for the purposes of section 50A of the MSA 2015.
Amendments tabled 8, including 4 from the Government
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Removes words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would remove the provision which enables the Secretary of State to override an assessment that a potential victim of slavery or trafficking requires assistance and support.
Effect on the clause · the printed text with this amendment applied
44:36(2) In subsection (2), after “the Secretary of State” insert “or an authorised person”.
45:1(3) After subsection (2) insert—
45:2“(2A) But where the Secretary of State disagrees with an assessment by an
45:3authorised person that assistance and support is necessary, the
45:4Secretary of State may override that assessment.”
45:5(4) After subsection (4) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 1, leave out subsection (3)
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would require parties considering whether a potential victim of slavery or trafficking requires assistance and support to consider the best interests of the person (and any dependent children) and to comply with the Convention on Action against Trafficking in Human Beings and the ECHR.
Effect on the clause · the printed text with this amendment applied
45:3authorised person that assistance and support is necessary, the
45:4Secretary of State may override that assessment.”
(3A) In considering whether assistance and support is necessary, the Secretary of State or an authorised person must have regard to—
(a) the best interests of the person receiving such assistance and support and of any children dependent on that person;
(b) the need to ensure that assistance and support is provided on the basis of the individual needs of the person receiving it; and
(c) the need to act in a way which is compatible with the Council of Europe Convention on Action against Trafficking in Human Beings and the European Convention on Human Rights.
45:5(4) After subsection (4) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 4, at end insert—
“(3A) In considering whether assistance and support is necessary, the Secretary of State or an authorised person must have regard to—
(a) the best interests of the person receiving such assistance and support and of any children dependent on that person;
(b) the need to ensure that assistance and support is provided on the basis of the individual needs of the person receiving it; and
(c) the need to act in a way which is compatible with the Council of Europe Convention on Action against Trafficking in Human Beings and the European Convention on Human Rights.”
Green Party: Siân Berry, Green Spokesperson (Home)
Replaces words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would assert that the requirement to provide assistance and support to potential victims of slavery or trafficking does apply to child victims, regardless of whether the child would be otherwise supported by a local or other public authority.
Effect on the clause · the printed text with this amendment applied
45:5(4) After subsection (4) insert—
45:6“(4A) Subsections (1) and (4) do not apply in relation to a child.”
45:7(5) After subsection (5) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 6, leave out “do not apply in relation to a child” and insert “apply in relation to a child, and any necessary assistance and support must be provided in a manner that is age-appropriate, trauma-informed and consistent with the best interests of the child.
(4B) Nothing in this section prevents a local authority or any other public authority from discharging duties owed to a child under any other enactment, and the existence of such duties does not relieve the Secretary of State of the duties imposed by this section.”
Anna Turley, Minister of State (Home Office) Adds words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment and amendments 121 and 122 clarify that where assistance or support of a particular kind would have been available from elsewhere had it not been for the victim’s conduct it is only assistance or support of that particular kind that the Secretary of State will no longer be under a duty to provide.
Effect on the clause · the printed text with this amendment applied
45:8“(5ZA) Subsections (1) and (4) do not impose a duty to secure that assistance
45:9or support of a particular kind is available to a person if—
45:10(a) the assistance or support would have been available to the
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 9, after “support” insert “of a particular kind”
Anna Turley, Minister of State (Home Office) Removes words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
See the explanatory statement for amendment 120.
Effect on the clause · the printed text with this amendment applied
45:9or support is available to a person if—
45:10(a) the assistance or support would have been available to the
45:11person otherwise than by reason of those subsections but for
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 10, leave out first “the”
Anna Turley, Minister of State (Home Office) Adds words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
See the explanatory statement for amendment 120.
Effect on the clause · the printed text with this amendment applied
45:9or support is available to a person if—
45:10(a) the assistance or support of that kind would have been available to the
45:11person otherwise than by reason of those subsections but for
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 10, after “support” insert “of that kind”
Anna Turley, Minister of State (Home Office) Removes words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment leaves out an unnecessary word from the inserted subsection (5ZA).
Effect on the clause · the printed text with this amendment applied
45:14(b) the Secretary of State or an authorised person is satisfied that
45:15the contravention, failure or adverse conduct is not properly
45:16attributable to any physical, psychological or social harm which
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 15, leave out “properly”
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would require the Secretary of State to ensure that sufficient funding is provided to local authorities to support child victims of slavery and trafficking, and to report annually on the provision and adequacy of such funding.
Effect on the clause · the printed text with this amendment applied
45:17arose from the conduct which resulted in the positive
45:18reasonable grounds decision.”
(5A) After subsection (6), insert—
“(6A) The Secretary of State must—
(a) ensure that adequate funding and resources are provided to local authorities for the purpose of ensuring that potential victims who are children receive assistance and support which is—
(i) compliant with the obligations of the United Kingdom under Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(ii) at least equivalent in nature and extent to that which would be provided to a potential victim who is an adult under this section.
(b) within 12 months of the passing of the Immigration and Asylum Act 2026 and annually thereafter, lay before Parliament a report setting out—
(i) the funding provided to local authorities for the purpose of supporting potential victims who are children,
(ii) an assessment of whether such funding is sufficient to enable compliance with Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(iii) the number of potential victims who are children who have not received assistance and support equivalent to that which would have been provided under this section to a potential victim who is an adult.”
45:19(6) In subsection (7), after “section—” insert—
The amendment · as tabled, addressed to the printed Bill
Clause 43, page 45, line 18, at end insert—
Show the full text (9 lines)
“(5A) After subsection (6), insert—
“(6A) The Secretary of State must—
(a) ensure that adequate funding and resources are provided to local authorities for the purpose of ensuring that potential victims who are children receive assistance and support which is—
(i) compliant with the obligations of the United Kingdom under Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(ii) at least equivalent in nature and extent to that which would be provided to a potential victim who is an adult under this section.
(b) within 12 months of the passing of the Immigration and Asylum Act 2026 and annually thereafter, lay before Parliament a report setting out—
(i) the funding provided to local authorities for the purpose of supporting potential victims who are children,
(ii) an assessment of whether such funding is sufficient to enable compliance with Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(iii) the number of potential victims who are children who have not received assistance and support equivalent to that which would have been provided under this section to a potential victim who is an adult.””