Trafficking, Unlawful Detention and Migrant Rights

At Irwin Mitchell, our Trafficking, Unlawful Detention and Migrant Rights team can help ensure that the state is held accountable for unlawful decisions and assist individuals secure access to the support, protections and redress that they deserve.

 

We advise and assist individuals who have been referred into the National Referral Mechanism (NRM), individuals who have been unlawfully detained by the state, and individuals who have received age assessment decisions.  We assist individuals in bringing judicial review challenges against public body decisions, and assist in civil claims for compensation, including human rights breaches.   

Trafficking

Article 4 of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) defines trafficking as:

“Trafficking in human beings shall mean the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”

There are several types of exploitation, including:

  • Sexual exploitation
  • Forced labour
  • Forced criminality
  • Domestic servitude 

Unlawful detention and false imprisonment

When an individual is held under immigration powers in an immigration detention centre, this detention is subject to certain laws and guidance. This includes limits on the lawful use of immigration detention in respect of vulnerable people, including victims of torture and serious ill-treatment, those who suffer from mental impairment or ill-health, children, pregnant women, victims of trafficking and modern slavery, as well as those who have suffered gender-based violence

Immigration detention can have a lasting impact on individuals and families separated by the state. When an individual has been unlawfully detained in immigration detention centres, the individual can seek a civil claim for compensation.

Age assessments

Individuals, in particular unaccompanied asylum-seeking minors, who arrive in the UK without documentation may be subject to an age assessment if the authorities have disputed the age that an individual states to be. The outcome of an age assessment may impact the types of support available to the assessed individual.  

We are able to assist in bringing judicial review challenges against both the Home Office and Local Authorities for age assessment decisions.  

Meet a specialist from our team

Our market leading team will help you understand your rights, secure the compensation you’re owed, and access vital support – from rehabilitation to long-term care.

Speak to a specialist

We are here to help you understand your rights and the support you need. Complete our enquiry form and one of our experts will contact you by the next working day.


 

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Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).

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Frequently Asked Questions

Individuals may be identified as a potential victim of trafficking and then be referred into the National Referral Mechanism (NRM) for an assessment as to whether they are to be recognised as a victim of trafficking or modern slavery. This is a two-stage process, whereby an individual can receive a reasonable grounds decision and then go on to receive a conclusive grounds decision.

While awaiting NRM decisions, a potential victim of trafficking is entitled to support via the Modern Slavery Victim Care Contract (MSVCC), including accommodation, financial support, practical help accessing services and legal advice. Once an individual receives a positive conclusive grounds decision, the individual is recognised as a victim of trafficking and MSVCC support continues as necessary.

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Meet the team

Our Trafficking, Unlawful Detention and Migrant Rights solicitors have the expertise you need to build a strong case and will fight to get you the justice you deserve. We are passionate about our work, and we work with sensitivity and respect.

 

We are committed to acting for individuals irrespective of their financial position. We will seek legal aid where it is available. If English is not your first language, we can find you an interpreter or lawyer who speaks your language. We also have experience working with clients with disabilities and we have extra measures in place to help you.

 

Our team is headed by Sarah Collier, who is ranked in Chambers and Partners as an ‘Associate to Watch’ and as a key lawyer in Legal 500. The team is featured in both Chambers and Partners and Legal 500 legal directories for handling “a wide range of human rights issues, with specialists handling cases involving the police, prison services, and immigration authorities” (Legal 500), and the team is recognised for its “particular areas strength within the field of civil liberties and human rights include… actions against the police and challenges to policy” (Chambers and Partners).

Our commitment to you

Our experts always start by listening, so we understand what matters most from day one.
  • 01
    Clear legal guidance

    You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.

  • 02
    Specialist knowledge

    A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.

  • 03
    Your needs first

    Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.

Related Information

  • Judicial Review

    If a public body act outside of their power or make an unlawful decision, you can challenge them through the judicial review process.

  • Human Rights & Civil Liberties

    Human rights protect your freedom and privacy. Things like false imprisonment or withdrawal of care may count as violations of your rights.

  • Immigration Detention Claims

    If you think you have been unlawfully detained by the Home Office, we may be able to help you get justice and claim compensation.

  • Legal Aid

    If you’re involved in a Public Law case, you may be entitled to Legal Aid.  

  • CICA Claims

    If you’ve been the victim of a violent crime or abuse, you may be able to claim through the CICA.

  • Modern Slavery Act

    The Modern Slavery Act 2015 sets out obligations on businesses to prevent slavery, forced labour, and human trafficking within their operations and supply chains.

Recognised for excellence. Chosen for care.

  • Legal 500 Top Tier Firm UK 2026
  • Sunday Times Best Places to Work 2025
  • ePrivateClient Top Law Firms 2025
  • Chambers High Net Worth 2025