Part 5: Modern Slavery Section 64: Identified potential victims etc. in England and Wales: assistance and support
Overview: This section implements the UK’s Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) obligations to provide a recovery period to potential victims of modern slavery, during which the victim must be provided with assistance and support to aid their recovery.
	Background: The Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) provides that once there are reasonable grounds (RG) to believe a person has been a victim of trafficking, states have obligations to that person (such person being a "potential victim"). These obligations last until someone is determined to be a confirmed victim or not to be a victim. If a conclusive grounds decision is made within the recovery period, victims will still receive the minimum 30-day recovery period.
	ECAT provides (in Article 13) that states shall provide potential victims with a "recovery and reflection period" of at least 30 days (England and Wales provide 45 days) and until it is determined whether they are a confirmed victim. During this time, potential victims are entitled to support from the state to help them recover. The UK’s approach to implementing the provisions of ECAT is set out in guidance. This Section puts provision relating to assistance and support during the recovery period into primary legislation.
	Subsection 1 inserts new section 50A into Part 5 of the Modern Slavery Act 2015. This requires that those identified as potential victims of modern slavery are provided with assistance in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision concerned. The requirement to provide support is subject to disqualifications contained in Sections 62 and 63.
	Subsections 3 and 4 provide that when a further Reasonable Grounds (RG) decision, within the meaning given by section 61, is made in relation to a person, and 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 recovery period. This period starts on the day the RG decision is made until whichever is later a) the date the relevant CG decision is made or b) 30 days from the date of the RG decision.