5.7 Safeguarding Children and Young People who may have been Trafficked

AMENDMENT

This chapter was updated in August 2011 when the link to the Solihull Safeguarding Trafficked Children Toolkit (originally developed by the London Safeguarding Children Board) was updated.

It was further updated in February 2012 when a reference was added to:

'Safeguarding children who may have been trafficked', non-statutory good practice guidance issued by the Department for Education and the Home Office in October 2011; and
ECPAT briefing 'On the Safe Side - Principles for the Safe Accommodation of child victims of trafficking'.

Introduction
Definitions
Identification of Trafficked Children and Young People
The National Referral Mechanism (NRM) and the Local Trafficked Children and Young People Lead
Management of Individual Cases

1. Introduction

1.1	The organised crime of child trafficking into the UK has become an issue of considerable concern to all professionals with responsibility for the care and protection of children and young people. Any form of trafficking children and young people is an abuse. Children/young people are coerced, deceived or forced into the control of others who seek to profit from their exploitation and suffering. Some cases involve UK-born children being trafficked within the UK.
1.2	It is essential that professionals working across social care, education, health, immigration and law enforcement develop an awareness of this activity and an ability to identify trafficked children/young people.
1.3	This guidance should be read in conjunction with the Solihull Safeguarding Trafficked Children Toolkit (originally developed by the London Safeguarding Children Board) which provides detailed information and guidance to assist professionals recognise signs of possible trafficking and take appropriate action.
1.4	It should also be read in conjunction with issued by the Department for Education and the Home Office in October 'Safeguarding children who may have been trafficked', non-statutory good practice guidance2011.

2. Definitions

2.1	The definition of trafficking contained in the 'Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children' (ratified by the UK in 2006) is as follows: "Trafficking of persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of person, by means of the threat of 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
2.2	A child is defined according to the Children Acts 1989 and 2004 as anyone who has not yet reached their 18th birthday.
2.3	Any child transported for exploitative reasons is considered to be a trafficking victim, whether or not they have been forced or deceived. This is partly because it is not considered possible for children in this situation to give informed consent. Even when a child understands what has happened, they may still appear to submit willingly to what they believe to be the will of their parents or accompanying adults. It is important that these children are protected also.
2.4	Section 4 of the London Safeguarding Trafficked Children Toolkit addresses the reasons why children are trafficked, and how trafficking is possible and the methods of recruitment and control used by traffickers.
2.5	There is increasing evidence that children of both UK and other citizenship are being trafficked for exploitation internally within the UK. There is evidence of teenage girls born in the UK being targeted for internal trafficking between towns and cities for sexual exploitation (see Safeguarding Children and Young People from Sexual Exploitation Procedure).
2.6	Trafficked children are victims of serious crime and this will impact on their health and welfare. In order to coerce and control, they are commonly subject to physical abuse including use of drugs and alcohol, emotional and psychological abuse, sexual abuse and neglect as a result of a lack of care about their welfare and the need for secrecy surrounding their circumstances.

3. Identification of Trafficked Children and Young People

3.1	All practitioners who come into contact with children and young people in their everyday work need to be able to recognise children who have been trafficked, and be competent to act to support and protect these children from harm.
3.2	The London Safeguarding Trafficked Children Toolkit contains a comprehensive list of possible indicators of trafficking, including internal trafficking, at Section 6. Appendix 8 of the Toolkit maps these against the three domains of the Assessment Framework, and Appendix 9 is a risk assessment matrix.
3.3	The nationality or immigration status of the child does not affect any agency's statutory responsibilities to safeguard and promote the welfare of children and young people.

4. The National Referral Mechanism (NRM) and the Local Trafficked Children and Young People Lead

4.1	In accordance with the requirements of the Council of Europe Convention on Action against Trafficking in Human Beings, the UK has a National Referral Mechanism (NRM) for identifying and recording victims of trafficking and ensuring that they are provided with appropriate support in the UK. There is a three-stage process for referral to the NRM, which is explained in the London Safeguarding Trafficked Children Toolkit at Section 6.4.
4.2	To support the use of the London Safeguarding Trafficked Children Toolkit , and referral to the NRM, there is a Local Trafficked Children Lead. The Local Trafficked Children Lead acts as an adviser to other professionals in cases where the concerns relate to trafficking to support the safeguarding agenda between local authorities, the Police and the NRM to ensure a full picture is provided on child NRM referrals and secure the safeguarding outcome for the child.
4.3	The NRM introduces the concepts of the 'local competent authority' and the 'competent authority'. The local competent authority for children is the local authority children's services. This agency has responsibility for making the preliminary decision that a situation meets the 'reasonable grounds ' test. Reasonable grounds exist where the assessor can say 'I suspect that this child is likely to have been trafficked'. The local competent authority refers cases that are assessed to meet this test to the 'competent authority' for a decision. The 'competent authority' is the UK Human Trafficking Centre (UKHTC), or, for people making an asylum claim, the UK Borders Agency.
4.4	Referral under the NRM has three functions. These are to enable the person concerned to benefit, if required, from the 45 day stay of immigration activity required by the Council of Europe Convention on Action against Trafficking in Human Beings; to collate data about suspected and confirmed instances of trafficking; and finally, in the event of criminal prosecution of an alleged trafficker, it may assist if the victims have already been found by this process to have been exploited, rather than willing participants.

5. Management of Individual Cases

5.1	A professional who feels that a situation may meet the 'reasonable grounds' threshold should refer immediately to Children's Social Work Services using the Referrals Procedure. The assessment tools in Appendices 8 and 9 of the London Safeguarding Trafficked Children Toolkit will assist professionals to decide whether they need to refer. The professional should seek advice from their agency's safeguarding lead and / or the Local Trafficked Children Lead to complete the risk assessment.
5.2	Children's Social Work Services (the 'local competent authority') will undertake an assessment to decide whether the reasonable grounds test is met. The trafficking assessment pro forma is Appendix 15 in the London Safeguarding Trafficked Children Toolkit. Following this assessment, a decision will be made, in consultation with the Local Trafficked Children Lead, about whether a referral will be made to the appropriate 'competent authority', for a final decision to be made.
5.3	Appendix 7 of the London Safeguarding Trafficked Children Toolkit sets out the types of responses that might be required from LSCB agencies where concerns about trafficking emerge.
5.4	There is detailed guidance in the London Safeguarding Trafficked Children Toolkit at Section 9 in relation to the management of child trafficking referrals to Children's Social Work Services, including the relationship between the trafficking assessment and the Assessment Framework assessments required for all referrals.
5.5	As with any referral about a child who may be suffering Significant Harm, it is important that safeguarding measures are considered in conjunction with assessment processes. Trafficked children are at high risk of going missing from their home or placement, and urgent steps should be taken to reduce this risk as soon as the possibility of trafficking is apparent. In particular, specific arrangements must be put in place to safeguard a trafficked child from the risk of going missing or being re-trafficked and an overview should be taken by a senior manager to identify trends and guide action from all LSCB agencies to identify the problem.
5.6	Practice Guidance for Working with Trafficked Children in Care has been developed by the London Borough of Harrow, who has kindly given permission for a link to this to be included in the Solihull LSCB Manual.
5.7	The government guidance 'Safeguarding children who may have been trafficked' (2011) also contains guidance in relation to the allocation of [Independent Reviewing Officers] and highlights the importance of safe placements for victims of trafficking. See also the ECPAT briefing 'On the Safe Side - Principles for the Safe Accommodation of child victims of trafficking'.
5.8	When a child is found involved in criminal activities such as cannabis cultivation, guidance to law enforcement agencies now requires them to follow procedures published by ACPO which puts protection of the child at the forefront. The 2010 guidance sets out that Police should work with Local Authorities to ensure early identification of trafficked victims before entering suspected cannabis farms.

End