1. After Exploitation: using FOI to understand what happens to victims of modern slavery

    In 2016, Theresa May described modern slavery as “the great human rights issue of our time”. “These crimes must be stopped,” she said, “and the victims of modern slavery must go free”.

    But words alone do not ensure results, it seems. The data mapping project After Exploitation has discovered that a sizable number of vulnerable victims of human trafficking and modern slavery are — far from ‘going free’ — actually being held in UK detention centres with a view to deportation.

    Our Freedom of Information site WhatDoTheyKnow played a vital part in the project’s research, both in helping identify what data was available, and in bringing about its release.

    In 2016 and in a follow-up report in 2018, Sir Stephen Shaw reviewed this country’s immigration detention practices, with a focus on the welfare of vulnerable detainees.

    One result of his many recommendations was the employment of ‘Detention Gatekeepers’ — independent overseers who check the status of detainees, and that they are legitimately held. If they are found to be in this country as a result of human trafficking or modern slavery, they should be offered help via the National Referral Mechanism.

    We spoke to Maya Esslemont, founder of After Exploitation, to learn how the use of WhatDoTheyKnow has helped uncover the true numbers of those who have been let down by this system, information which the government had previously denied that they held.

    She told us:

    “Through FOI requests, we uncovered the number of potential and recognised victims of human trafficking who have been deported since 2016 or detained in 2018.

    “The figures revealed that 507 potential victims and 29 recognised victims of trafficking were held in detention, despite a low rate of eventual deportation.

    “This completely needless and unjustifiable use of detention on vulnerable people, for whom there was never any realistic chance of removal, demonstrated huge failures in Detention Gatekeeping, the process meant to prevent vulnerable people from being detained.”

    Maya explained that, prior to these findings, a gap in the publicly-available data impeded any understanding of the number of vulnerable detainees:

    “Although the Government releases quarterly statistics outlining the number of ‘potential’ victims of trafficking, very little is known about the number of recognised victims who are later deported, detained, or left at risk of re-trafficking due to a lack of safehousing. Our project hoped to demonstrate the scale of these issues”.

    FOI seemed like the obvious route to uncovering these figures, says Maya, in part because it was clear where the information must be held, if it existed:

    “The Home Office oversees both immigration enforcement and victim support and recognition. This is a clear conflict of interest, but it did mean that we knew all the outcome information must be held in the same place.”

    The group found that by checking the archive of previous FOI requests published on WhatDoTheyKnow, they could discern exactly what data existed, and more importantly, could cite prior responses as proof of its existence.

    As suspected, but denied until now, the Home Office holds highly specific, readily available information on immigration, detention and deportation outcomes of trafficking victims.

    “We knew from Parliamentary correspondence that some trafficking victims’ asylum outcome data was held as far back as 2015, but nobody had any idea that such readily available data on the actual detention existed.

    “When we trawled through Home Office FOI requests submitted by others on WhatDoTheyKnow, it was clear that information on detainees’ vulnerability was held — and it was after we referenced these previous request outcomes, dated since 2016, that the Home Office started providing data on trafficking specifically.”

    We were most interested to hear this, as it further justifies one of WhatDoTheyKnow’s key features – that all requests and responses are published online. We talk a lot about how this can make the information accessible to wider numbers of people, but here is an example of that archive going on to inform a further set of requests, bringing about important results.

    And visibility wasn’t just useful in helping the campaign discover the existence of the vital data, but also, Maya believes, provided an extra incentive for the Home Office to release the information in accordance with the FOI Act:

    “I submitted a fair few FOI requests privately, but most received a rejection. However, since moving the same requests to a public platform, we’ve found that a majority have been fulfilled.

    “Many charities and journalists may be tempted to submit FOI requests privately so that the responses can be ‘saved’ for exclusive research or stories, but this exercise seemed to prove that it can be more effective to ask for information as publicly as possible.”

    (We should mention that our WhatDoTheyKnow Pro service does allow for the private submission of requests which are then published at a later date — although there’s no requirement to submit privately. Pro users can enjoy the best of both worlds, using the organisational features and the batch request functionality, and making requests in private or in public according to which strategy they find most effective.)

    Having uncovered this crucial data, After Exploitation has worked with other organisations to get their findings more widely known:

    “The charity Women for Refugee Women managed to secure a debate in Westminster Hall on the detention of trafficking victims. As part of this debate, MPs discussed research by their organisation and by After Exploitation.

    “Political interest in this issue should be commended, but the Immigration Ministers’ response was very concerning. Caroline Nokes MP claimed that the use of detention on 507 potential trafficking victims was justified, as many were recognised during the time they were in detention.

    “However, we believe the fact that hundreds of vulnerable people were deemed suitable for detention in the first place is deeply worrying.”

    The research gained wider attention, too:

    MPs and journalists at the Guardian, Sky News, Independent Online and Thompson Reuters picked up our research paper Supported or Deported?.

    “In response to the findings, 23 NGOs signed our open letter asking for greater data transparency on human trafficking support outcomes, and for an end to Home Office involvement in vulnerability screening and trafficking decision-making. A week later, Diane Abbott MP tabled an urgent question in Parliament asking the government about the detention of exploited people.

    “However, the Government response showed how much work is left to do. The Immigration Minister dismissed the Government’s own data as not robust enough to provoke change, whilst also using this same data to clear its reputation on the length of detention.

    “This response shows how much harder we have to work before the Government will commit to data transparency, and the way victims are treated.”

    We asked Maya what she hoped others would take from the experience of After Exploitation.

    “I hope journalists, activists and academics will submit their own FOI requests to contribute to public understanding of human trafficking, modern slavery, and other forms of exploitation such as forced marriage.

    “When it comes to human trafficking victim support, there are still so many gaps in our understanding — such as health, wellbeing and legal outcomes. We’re already taking another request to the Information Commissioner’s Office after a rejection on cost grounds, but we hope the ongoing struggle to secure information on trafficking will encourage others to do the same.”

    We congratulate the project on what they’ve achieved to date and hope it will act as inspiration to others who seek to uncover injustice or malpractice within our systems.

    You can read more about After Exploitation’s work here, and find their WhatDoTheyKnow FOI requests here.

    Image: CC by-sa/4.0 via Wikipedia