Court of Appeal ruling on whether the support duty had been met against a potential victim of human trafficking


Re: EM v SSHD [2018] EWCA 1070

This judicial review application considered two issues: the nature and scope of a state’s obligation to provide assistance and support (the support duty) to persons formally identified as potential victims of human trafficking (PVoT) in accordance with Directive 211/36/EU arts 11(2) and (5) and the published policy guidance of the SSHD, and whether this had been discharged in the case of EM, during a period in 2016 when she had been identified as  PVoT but was detained at an immigration removal centre.

The Court dismissed the application upon the conclusion that the state’s obligations under arts 11(2) and (5) had been discharged in EM’s case.

Chris Buttler was involved in this case.