R (ABW) v Secretary of State for the Home Department

In the context of a challenge to the POD decision made in the case of ABW, in a judgment on 17th December 2025, Morris J found both the Decision and parts of the Secretary of State’s Modern Slavery Act Guidance (“the Guidance”) to be unlawful.

In particular, Morris J found that:

1. The Defendant is under an obligation under NABA and the Guidance to proceed to a Conclusive Grounds decision in respect of an individual who is the subject of a POD decision for so long as that person remains in the UK. The Defendant was in breach of that obligation by deciding not to proceed to such a decision in respect of the Claimant.
2. The discretion under section 63 of NABA was to be construed compatibly with Article 13(3) of the European Convention on Action against Trafficking in Human Beings. The parts of the Guidance which imposed a presumption in favour of making a POD as explained in the judgment were unlawful and constituted a misdirection of sections 63(1) and (2) of NABA and a fettering of the statutory discretion thereby conferred. To the extent that the Decision was based on those parts of the Guidance, it was unlawful.

Naina Patel KC acted for the First Intervener, Anti-Slavery International.

The judgment may be found here.