by Niamh Grahame
Human trafficking and exploitation are horrific human rights abuses and serious crimes that cause lasting harm to survivors, their families and communities. Survivors often face physical, emotional and psychological trauma. Ensuring that survivors receive the right support at the right time is essential for their safety, their recovery and to prevent re-trafficking.
A legal challenge brought by JustRight Scotland’s clients last year led the Scottish Government to agree to carry out a review of and publish guidance on the support offered to adult survivors of trafficking and exploitation in Scotland. On 25 March 2026, the Scottish Government published draft guidance on the support available. This is the first time such guidance has been made publicly available. This is an important step towards ensuring clarity and transparency for survivors and those who support them.
Importance of support for victims of trafficking
People fleeing trafficking need time, space and practical support to be able to recover from their experiences and rebuild their lives. Many survivors of trafficking and exploitation are destitute at the point of fleeing their exploiters, in addition to having to process the trauma of their experiences and cope with any physical injuries they may have sustained. Government support is a lifeline without which many would remain trapped in exploitation.
The European Convention Against Trafficking in Human Beings (ECAT) recognises the importance of states supporting survivors as they recover from exploitation. Article 12 ECAT requires states ‘to adopt such legislative or other measures as may be necessary to assist victims in their physical, psychological and social recovery’. ECAT specifies that these measures must, at a minimum, include ensuring adult survivors are able to meet their basic subsistence needs; access to emergency medical treatment; translation and interpretation where needed; counselling and information on their rights; and assistance with participating in criminal proceedings against their exploiters.
In Scotland, section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 imposes a legal duty on the Scottish Ministers to secure support and assistance for survivors of trafficking and exploitation for 90 days, or until a conclusive grounds decision is reached, whichever comes first, with discretion to extend support in order to meet the needs of each survivor. Moreover, the Scottish Government’s current Trafficking and Exploitation Strategy aims to support survivors both with their short term and long-term needs by taking a public health approach that operates across three different levels.
There is therefore clear legal and political recognition in Scotland that survivors of trafficking and exploitation must be guaranteed some support from the state.
What support is available for adult victims of trafficking in Scotland?
The National Referral Mechanism (NRM) is the formal framework for identifying survivors of human trafficking and exploitation across the UK. Going through the NRM involves the competent authority – the decision-making body – making two key decisions. The first of these is a reasonable grounds decision and asks the competent authority whether there are reasonable grounds to believe a survivor has experienced trafficking or exploitation. The second of these is called a conclusive grounds decision. Here the competent authority decides on the balance of probabilities whether there are sufficient grounds to decide that the individual is a victim of human trafficking.
However, the NRM is not just about identifying survivors for the sake of identifying them. Rather, going through the NRM and being identified as a victim of trafficking is used as a way for the Scottish Government to identify who needs their support.
In Scotland, those who enter the NRM and receive a positive reasonable grounds decision are entitled to support under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015. The Scottish Government also has discretion to provide support:
- before a reasonable grounds decision
- if the 90 days pass before a conclusive grounds decision, until a conclusive grounds decision is made
- for a period following a conclusive grounds decision.
The support provided will be based on the individual survivor’s needs and the support they are able to access from other sources such as local authorities, state benefits and asylum support. It may include:
Accommodation
Accommodation can be provided where there are grounds to believe any other accommodation available is unsafe due to the risk of further exploitation, is otherwise unsuitable or the survivor would be destitute.
Financial assistance
Financial support is paid through two possible payments – the Essential Living Rate, which is intended to meet a survivor’s essential needs and the Recovery Rate, intended to support social, psychological and physical recovery. The Essential Living Rate is currently paid at a rate of £49.18 per week. The Scottish Government is reviewing the weekly Recovery Rate payment. Previously, survivors received so called ‘top up payments’ of £29.75 if they were in receipt of benefits or asylum support. Survivors can now also receive payments to meet the essential needs of child dependents living with them in Scotland.
Unlike in England and Wales, in Scotland there is no guarantee that survivors will receive the Recovery Rate until the point at which they receive a conclusive grounds decision. Instead, survivors have no guaranteed support period. The Recovery Rate is intended specifically to allow survivors to access services and opportunities needed to support their recovery from their trafficking and exploitation experiences. The uncertain nature of the support makes it difficult for survivors to access services in a way that takes into account the trauma that they have experienced. This also goes against the Scottish Government’s public health approach to trafficking.
Information on rights and access to services
Survivors should be provided with information on their rights and on services tailored to their particular needs. This can include information on accessing medical treatment, receiving legal advice (including information on legal aid funding), claiming compensation and support through the criminal justice process. Support providers can also take practical steps to help survivors access appropriate services such as supporting them with registering with a GP or referring them to lawyers in the relevant field.
Conclusion
Being able to access support is an important lifeline for survivors of trafficking and exploitation on their journey to recover from their experiences. That journey is complex and unique to each individual. Clear information on the support available could make the difference between a survivor feeling able to attempt to escape their exploitation; participate in a police investigation, or begin to engage with psychological treatment. It is therefore vital that the support offered to survivors recognises this complexity while also providing the clarity and certainty survivors need to both understand and access services available to them.
Following the publication of the draft guidance, the Scottish Government launched a consultation on its clarity which closed on 30 June 2026. You can read our response to this consultation here.
