Breakthrough Britain
It Happens Here
equipping the United Kingdom to fight modern slavery
a policy report by the slavery Working Group
March 2013
contents
Contents
about the Centre for social Justice
preface
Members of the CsJ slavery Working Group
special thanks
supported by
Foreword
executive summary
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Modern slavery in the UK
1.1 Introduction
1.2 Definitions
1.3 Why didn’t you leave?
1.4 Myths of modern slavery
1.5 Modern slavery in the UK
1.6 Conclusion
1.7 recommendations
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Effective strategic leadership
2.1 Introduction: filling the leadership vacuum
2.2 the current government response
2.3 International provisions for a national rapporteur or equivalent mechanism
2.4 non-Governmental Organisations
2.5 proposal for an anti-slavery Commissioner
2.6 recommendations
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Building a clearer picture: enhancing the National Referral Mechanism
3.1 Introduction
3.2 the national referral Mechanism
3.3 First responders
3.4 Improving the number of referrals
3.5 the case for a ‘two-tier’ nrM
3.6 Immigration and the nrM: ensuring independent decisions
3.7 Conclusion
3.8 recommendations
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Identifying victims
4.1 Introduction
4.2 Misinterpreting the problem: a damaging conflation with immigration
4.3 equipping our frontline
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It Happens Here | Contents
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4.4 Identifying child victims of modern slavery
4.5 the nrM for children
4.6 the role of Local safeguarding Children Boards (LsCBs)
4.7 the obligation to identify
4.8 Identifying British children trafficked within the UK for sexual exploitation
4.9 Conclusion
4.10 recommendations
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Strategic and frontline direction: tackling the crime
5.1 Introduction
5.2 Making modern slavery a strategic priority
5.3 sharing information
5.4 Investigations
5.5 prosecutions: bringing perpetrators to justice
5.6 Legislation
5.7 the case for a Modern slavery act
5.8 recommendations
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Supporting survivors
6.1 Introduction
6.2 survivors of modern slavery: health and emotional needs
6.3 aftercare provision for adults
6.4 subcontractors: standards and approaches
6.5 the nrM referral form
6.6 the reflection period
6.7 reintegration: what happens next?
6.8 potential barriers to reintegration
6.9 the asylum system for survivors of modern slavery
6.10 returning home: ensuring safe repatriation
6.11 accommodation and support for children
6.12 trafficked children going missing
6.13 safe accommodation for trafficked children
6.14 therapeutic services for trafficked children
6.15 Conclusion
6.16 recommendations
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The
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7.2
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role for business in tackling modern slavery
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Introduction
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Current models of business response
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Creating a framework
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the global context
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the transparency in UK Company supply Chains (eradication of slavery) Bill 211
recommendations
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Full list of recommendations
appendix
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the Centre for social Justice
about
about the Centre for
social Justice
the Centre for social Justice (CsJ) aims to put social justice at the heart of British society.
Our policy development is rooted in the wisdom of those working to tackle Britain’s deepest
social problems and the experience of those whose lives have been affected by poverty. Our
Working Groups are non-partisan, comprising prominent academics, practitioners and policy
makers who have expertise in the relevant fields. We consult nationally and internationally,
especially with charities and social enterprises, who are the champions of the welfare society.
In addition to policy development, the CsJ has built an alliance of poverty fighting organisations that
reverse social breakdown and transform communities.
We believe that the surest way the Government can reverse social breakdown and poverty
is to enable such individuals, communities and voluntary groups to help themselves.
the CsJ was founded by Iain Duncan smith in 2004, as the fulfilment of a promise made to
Janice Dobbie, whose son had recently died from a drug overdose just after he was released
from prison.
Managing Director: Christian Guy
It Happens Here: equipping the United Kingdom to fight modern slavery
© the Centre for social Justice, 2013
published by the Centre for social Justice,
4th Floor, Victoria Charity Centre, 11 Belgrave road, sW1V 1rB
www.centreforsocialjustice.org.uk
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It Happens Here | about the Centre for social Justice
3
preface
slavery is the ultimate state of impoverishment. to lack basic liberty is to be deprived of
personal opportunity and hope. a number of nineteenth-century British politicians sought to
abolish the international slave trade and end one of the most deplorable practices in history.
their hard-fought victory remains one of our parliament’s finest achievements.
today many people assume slavery is a problem of the past or a crisis confined to foreign
lands. they are wrong. as this report reveals, that tragic trade continues on its destructive
path. and it happens here.
Modern slavery is a disturbing and complex problem. Breaking the lives of the vulnerable
and voiceless, it represents a grave abuse of human rights and basic dignity. Victims in the UK
represent the damaging effect of the five pathways to poverty. Many we have encountered
during the course of this research have come from broken families, leaving them less
protected from attachments to those who wish them harm. some have been unable to find
work, leaving them more vulnerable to exploitation. Others are serious addicts, some struggle
with unmanageable debt and many have never experienced decent education.
We have been shocked by many of our findings. a leadership vacuum at the heart of
Westminster; a messy legislative framework; frontline professionals – however well meaning
and brilliant in some areas – forced to swim against a tide of indifference if they want to fight
this crime; official bodies failing in their duty of care, with little idea about the scale of the
problem; UK-born children being trafficked and abused; a fragmented charitable sector with
some organisations struggling to work together; far too little support and care for survivors;
and major supply chains within the business community devoid of basic transparency.
a once great nation of abolitionists is a shameful shadow of its former self. this report sets
out more than 80 recommendations for transformation. We cannot, with integrity, claim our
place as a world leader in the fight against modern slavery unless these proposals are taken
seriously. this change should begin in government, but our work is a siren to many. It is for
police forces, social workers, nGOs and statutory agencies across the country. It is a wakeup
call to the business community and the general public. Because ending modern slavery means
all must play a part.
In publishing this report I want to thank the CsJ’s slavery Working Group. We have been
privileged to work with leading experts who have given their time, energy and dynamism
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the Centre for social Justice
preface
to this process. I am especially grateful to andrew Wallis, the review’s Chairman, who has
balanced his pioneering work for Unseen in Bristol with his vision for national reform. this
team has been supported brilliantly by our researcher and author Lucy Maule. But I save
our deepest appreciation for those who have given evidence to this review, particularly the
survivors. their stories and determination to fight back has been a remarkable inspiration to
everyone at the CsJ. It is for them, and for those still trapped who deserve that very same
freedom, that we call for action. slavery is not a scar on the face of Britain – it is an open
wound.
Christian Guy
Managing Director
It Happens Here | preface
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Members of the CsJ
slavery Working Group
Andrew Wallis, Unseen (Chairman of the CSJ Slavery Working Group)
andrew Wallis is the CeO of Unseen, a charity established to disrupt and challenge modern
slavery by bringing safety, hope and choice to survivors. He advises and collaborates with
statutory agencies and businesses on how to combat and eradicate modern slavery. He has
also worked with politicians and the CsJ to bring the transparency in UK Company supply
Chains (eradication of slavery) Bill before parliament. He works internationally with nGOs and
businesses to develop a coordinated response to modern slavery. prior to founding Unseen
andrew had a career in business analysis followed by commercial management in the retail
sector with House of Fraser, and project management with the University of the West of
england. He currently serves on the board of a number of charities.
James Ewins (Deputy Chairman of the CSJ Slavery Working Group)
James ewins is a barrister, called to the Bar in 1996 and currently practicing in London. From
2009–10 James worked as the Director of International Justice Mission’s (IJM) Bangalore office
where he coordinated the field operations to rescue, release and rehabilitate the victims of
bonded labour in partnership with local law enforcement agencies. He also coordinated research
and analysis on the collaborative casework model used by IJM to remedy structural defects
which impede the delivery of legal provisions to provide for bonded labourers’ reintegration
into society. He continues to work for IJM UK as an advocate. He is married with four children.
Lucy Maule, Author and Researcher
Lucy Maule is a policy researcher at the CsJ and has been part of the organisation since 2010.
Lucy has worked in the past with organisations which aim to put a stop to human trafficking
and modern slavery. In 2007, she spent time in thailand working for a small charity offering
vocational training and support to women trapped in prostitution in phuket’s red light district.
she read History and International relations at the University of exeter.
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the Centre for social Justice
members
Pam Bowen, Crown Prosecution Service (CPS)
pam Bowen has worked for the Cps since 1986. Having worked in Cps Merseyside for many
years, she moved to east Midlands in 1993 and Cps HQ in 1999 to work on a national
re-organisation. after a 12-month secondment to HM Cps Inspectorate she joined the policy
Directorate as a senior policy adviser in 2001. Her work has involved a wide range of topics,
mostly supporting victim initiatives. she has worked in developing policy on human trafficking,
organised immigration crime, forced labour, slavery and prostitution since 2006.
George Haddo and Sam Lawson Johnston,
FORE Partnership (Cording Group)
sam Lawson Johnston and George Haddo are both members of a small campaign group which
was formed in 2010 to raise funds and help facilitate the abolition of modern slavery. Having
researched the issue and networked with a number of organisations and individuals, the group
identified a need for an independent review, as published by the Centre for social Justice.
Both work in FOre partnership (Cording Group), an independent real estate investment
management business based in London.
Professor Satvinder Juss
professor Juss is a human rights expert focusing on policy-oriented work. He contributed as
a renowned expert at the invitation of the Home affairs Committee to a pioneering seminar
on Human trafficking at the Houses of parliament on 14 May 2009. He was also Consultant
in april 2009 to the International Organisation for Migration (IOM) in a programme funded
by the British embassy in ankara, turkey, on issues of expulsion, re-admission and voluntary
return of migrants. In 2010, he advised the Government of Bermuda on legislation. professor
Juss has taught at a number of Universities in the UK and the Usa, including Harvard Law
school and Indiana University in Bloomington. In 2010 his name was added to the panel of
the arbitrators of the Indian Council for arbitration. professor Juss seeks to incorporate the
role of scholar, practitioner and activist in all the various fields of his expertise. professor Juss
is the author of Human Trafficking, Asylum, and the Problem of Protection.
Nick Kinsella QPM LLB Cert.Ed.
nick Kinsella has been involved in anti-human trafficking work for many years. He is a current
Board Member of the United nations Global trust Fund for Victims of Human trafficking and
the anti-trafficking adviser to several organisations including Crime stoppers International.
It Happens Here | Members of the CsJ slavery Working Group
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He is the founder and former CeO of the UK Human trafficking Centre (UKHtC). as a
former senior UK police officer and assistant Director at the national Criminal Intelligence
service, nick has extensive experience of investigating serious and organised crime, and
working with key partners both at the national and international level. nick is a qualified
teacher, international speaker, trainer and consultant and continues to combat human
trafficking today. He was awarded the Queen’s police Medal (QpM) in the 2009 UK new
Year Honours List.
Charlotte Kirkwood, Migrant Help
Following a career in management in the private sector Charlotte Kirkwood joined Migrant
Help in 2008. In the same year, Migrant Help began supporting a pilot law enforcement
operation that rescued 49 victims of labour exploitation from a farm. since then Charlotte
has established support services for male and female victims of modern slavery for the
purposes of sexual exploitation, forced labour and domestic servitude. During that period
Charlotte has overseen the care and support of 525 victims. these services now exist
across england, Wales, scotland and northern Ireland. Charlotte sits on a number of
forums and working groups including the Home Office nrM strategic Monitoring Group
and various UKHtC subgroups. she has supported police operations throughout the UK,
often accompanying entrance teams at premises. In 2009 Charlotte visited Latvia, France
and Ghana to meet with other organisations and individuals working to eradicate modern
slavery.
Matt Stephens, Love146
Matt is a trustee of Love146, a global charity working to abolish child trafficking and exploitation.
Matt actively uses his business, charity and political experience to achieve Love146’s UK goals of
practical prevention and care provision solutions for trafficked and at-risk children. Matt runs an
employee engagement and Communications company whose clients include aviva, rsa Insurance,
aXa ppp, Morrisons, Deloitte and e.On. In 2010 Matt stood for parliament in Don Valley.
Detective Chief Inspector Nick Sumner, Metropolitan Police
nick sumner began his police career in the Metropolitan police service (Mps) in 1989 when
he joined as a police cadet. His first posting was to south norwood in south London where
he soon began his career as a Detective. In 1999 he was posted to Homicide Command
before being promoted to Detective sergeant in 2001 and transferred to the royal Borough
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the Centre for social Justice
members
of Kensington and Chelsea. nick returned to Homicide Command in 2005, was promoted to
the rank of Detective Inspector and became qualified as a senior Investigating Officer. Whilst
on the Homicide Command he led the investigation into a number of murders across London
and achieved promotion to the rank of Detective Chief Inspector in 2010. During this period
nick graduated with a Masters Degree in Homicide and Critical Incident Management at
Middlesex University. since July 2010 his portfolio has included the operational lead for the
Mps's response to human trafficking.
It Happens Here | Members of the CsJ slavery Working Group
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special thanks
the CsJ would like to thank the many people and organisations who kindly gave their time to
contribute evidence during the course of this review. Our thanks go to the Working Group
for their continued time and support. particular thanks go to andrew Wallis, the Group’s
Chairman, for his incredible commitment to the review. We would like to thank David arkless,
special adviser to the Working Group, for his insight into our work on the role of business in
tackling modern slavery and Kevin Bales, special adviser to the Working Group, for sharing his
knowledge on the global impact of modern slavery.
the CsJ would like to express special thanks to the sr Foundation and the individuals and
organisations who gave their support through the Foundation; we are deeply grateful for
their generosity. We are also very grateful to ManpowerGroup and to the Doha International
Institute for Family studies and Development, member of Qatar Foundation, Qatar, for their
kind support for this paper.1
special thanks also go to alex Burghart, CsJ Director of policy, for his invaluable help and
support, and to tom Gatzen for his help during the latter part of the research.
Finally we would like to express our gratitude to the survivors, and those working tirelessly
to support them, who gave their time to us during this review. We are humbled by your
resilience and most grateful to you for sharing your experiences.
1
10
the author of this research is fully responsible for its content which does not necessarily reflect the views of Doha International
Institute for Family studies and Development.
the Centre for social Justice
supported by
supported by
ManpowerGroup is the world leader in innovative workforce solutions with a proud 65-year
history of connecting people to meaningful work to help our clients win. Our company stands
FOr the dignity of work and employment opportunities for all. Our company stands aGaInst
practices that exploit people and limit opportunities for individuals to fully enjoy the dignity of
work. that is why our company took a stand against human trafficking and modern slavery. this
reprehensible form of modern-day slavery runs contrary to our values as it takes away the basic
human right to decent work. ManpowerGroup was the first company to sign the athens ethical
principles, which declare a ‘zero-tolerance’ policy for working with any entity which benefits in
any way from human trafficking and modern slavery. as well as implementing these principles
throughout our company, our efforts to engage more companies in support of the principles has
resulted in more than 12,000 organisations signing up directly, or through the commitment of
their industry federation. In addition to making a lasting positive impact through raising awareness
of modern slavery within the business community, ManpowerGroup has also entered into
numerous joint ventures to provide trafficked and at-risk persons with access to education and
training to help them transition to decent work.
About ManpowerGroup
ManpowerGroup™, the world leader in innovative workforce solutions, creates and delivers
high-impact solutions that enable our clients to achieve their business goals and enhance their
competitiveness. Our $21 billion company creates unique time to value through a comprehensive
suite of innovative solutions that help clients win in the Human age. these solutions cover an
entire range of talent-driven needs from recruitment and assessment, training and development,
and career management, to outsourcing and workforce consulting. ManpowerGroup maintains
the world’s largest and industry-leading network of 3,500 offices in 80 countries and territories,
generating a dynamic mix of an unmatched global footprint with valuable insight and local expertise
to meet the needs of its 400,000 clients per year, across all industry sectors, small and mediumsized enterprises, local, multinational and global companies. By connecting our deep understanding
of human potential to the ambitions of clients, ManpowerGroup helps the organisations and
individuals we serve achieve more than they imagined — because their success leads to our
success. and by creating these powerful connections, we create power that drives organizations
forward, accelerates personal success and builds more sustainable communities. We help power
the world of work.the ManpowerGroup suite of solutions is offered through ManpowerGroup™
solutions, Manpower®, experis™ and right Management®. Learn more about how the
ManpowerGroup can help you win in the Human age at www.manpowergroup.com.
It Happens Here | supported by
11
Foreword
By andrew Wallis
Human trafficking is the recruitment and movement of people by means such as violent force,
fraud, coercion or deception, or abuse of their vulnerability with the aim of exploiting them.
It is modern slavery. Despite Wilberforce’s campaign in the UK a little over 200 years ago, we
face the reality that there are still slaves in our sophisticated society today. the abolitionist,
ralph Waldo emerson said: ‘If you put a chain around the neck of a slave, the other end
fastens itself around your own’.2 the chains may no longer be visible, but psychological ones
still hold many in slavery in the UK today.
Our report explains how modern slavery in the UK manifests itself and the various forms it
takes. taking evidence from over 180 individuals and organisations across all sectors involved
in anti-slavery efforts, this review is about what needs to be done if we are collectively going
to eradicate modern slavery. there are no simple solutions, but we present a series of interrelated measures that, if collectively and consistently applied, will help stop modern slavery.
Of fundamental importance is the understanding that modern slavery is not primarily an
issue of immigration. Yet the lead in government is the Immigration Minister and the UK
Border agency has significant input on decisions over whether or not a person has been
trafficked. this sends completely the wrong message. We have heard that law enforcement is
often confused as to how to proceed, perceiving incorrectly the issue as one of immigration.
Increasingly we are seeing that UK nationals are also forced into modern slavery, without
crossing any international border. Victims of modern slavery have had a crime committed
against them and our response must be the same as it would be towards any other victim of
crime, regardless of their country of origin.
Modern slavery has been allowed to grow and develop in the UK because of demand.
together we have allowed human beings to be bought and sold as mere commodities for
profit, gain or gratification. systemic issues around the demand for modern slavery must be
addressed and these will take a generation to deal with, but in the interim we must begin the
hard work of making the UK as hostile a place as possible for these criminals to operate in,
turning this crime from one of ‘low risk, high return’ to ‘high risk, low return’.
2
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emerson rW, essays, First Series [accessed via: http://www.gutenberg.org/files/2944/2944-h/2944-h.htm (21/02/13)]
the Centre for social Justice
foreword
this review is not about quantifying the scale of modern slavery in the UK; an exact number
will never be possible given the hidden nature of the crime. the view of the Working
Group is that the UK must be more proactive in looking under the stone. We therefore
examine existing practices and measures currently in place to identify victims, assessing their
effectiveness and making recommendations that will help us to free those who are enslaved
and prevent people from becoming victims in the first place. We note that during the
course of this review much has changed and been developed by government in the areas of
legislation and survivor care, but there is still much more to be done.
We recommend the passing of a single Modern slavery act. this will enable law enforcement
agencies to see the law more clearly, and not have to reference immigration law for the
appropriate offence if they wish to prosecute for trafficking for non-sexual exploitation. the
Modern slavery act should also include a mandatory duty to investigate all possible cases
of potential modern slavery, and a statement of non-prosecution of victims who had no
choice but to commit a criminal offence whilst they were enslaved. the symbolic statement
of such an act would reinforce the UK Government’s intention to be at the forefront of the
fight against modern slavery, reflecting the serious criminality of trafficking for any form of
exploitation and demonstrating that modern slavery will not be tolerated in contemporary
British society.
the review highlights the very clear need for strategic leadership, accountability and
coordination to combat trafficking and we strongly challenge the Government to change its
stance on this matter. We call for the role of an independent anti-slavery Commissioner to be
created under the Modern slavery act in order to bring much needed non-partisan leadership
and consistency to this issue. Whilst we acknowledge some progress by the Inter-Departmental
Ministerial Group on Human trafficking, we fail to see how this group can give the necessary
lead and independence on these matters. It is also vital that through the Commissioner the
voices of survivors are clearly heard so that responses to their needs are met.
We also propose measures to develop a more accurate picture of the scale of the problem.
We recommend that better engagement with the national referral Mechanism is fostered
through investing Competent authority decision-making powers into one body. We also
recognise that more has to be done to help survivors recover and fully reintegrate. any
society is judged on the basis of how it treats its weakest members, especially the most
hidden and silent.
With particular reference to law enforcement and statutory agencies, we note that much
has been written both in terms of procedures and guidelines but often remains at the
theoretical level; there is little understanding or practical implementation on the ground. Our
review seeks to correct this by making practical recommendations for local police forces,
chief constables and police and Crime Commissioners to implement; a proactive model for
combatting modern slavery focused on the fact that modern slavery is a crime with a victim
at the centre.
What surprised the Working Group most was the scale and complexity of child trafficking
both into and within the UK. Child victims of modern slavery often go unrecognised and
It Happens Here | executive summary
13
an appalling number go missing from care. Current child protection measures are not being
consistently applied. If they were, a more successful approach to identifying and keeping
children safe from harm would be developed. Child trafficking is serious child abuse, and must
be recognised and responded to so that children are kept safe from harm. the provision of
safe accommodation and aftercare is a vital next step that needs to be urgently taken. this
report highlights the disturbing cases of the internal trafficking of British children for sexual
exploitation, and makes recommendations for tackling this appalling crime through properly
equipping police and social services.
the private sector also has a significant role to play in ensuring that modern slavery is
eradicated. It is essential that businesses ensure that supply and product chains as well as
business practices are slave-free. We recommend that the transparency in UK Company
supply Chains (eradication of slavery) Bill be enacted in the UK. this Bill sends a positive
message to the business world, not negatively forcing companies’ hands but encouraging
them to look into the problem. Best practices that exist can be shared, increasing the positive
social impact of companies. this Bill actively engages the business sector in the fight against
modern slavery. this is not about regulation, but about transparency. the Bill allows consumers
and investors to make informed decisions, and gives space for companies already doing good
work to showcase their efforts to ensure their supply chains are free from slavery.
During the review process many nGOs were consulted and gave evidence. Whereas many
helpfully contributed to this report, some did not. Constructive engagement by all parties in
both the private and public sector and government and non-governmental sectors is vital if
there is to be a successful response to the issue.
the prime Minister has stated that he wants the UK to lead the world in confronting modern
slavery.3 We commend this report to the prime Minister and Government in its entirety.
Implementation of our recommendations would be a radical step forward for the UK.
Finally, I want to thank the members of the Working Group for their hard work and
contribution to the whole process. We didn’t always agree, but worked through to a healthy
consensus. special thanks must go to Lucy Maule at the Centre for social Justice who has
worked tirelessly as the lead researcher on this project. I also want to thank James ewins,
Deputy Working Group Chairman, for his commitment and time during the course of this
review. this was a new venture for the CsJ but an important one: modern slavery is the major
social justice issue of our day and must be not just exposed, but abolished.
3
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the Independent, UK signs trafficking directive after ten-month delay, 27 March 2011 [accessed via: http://www.independent.co.uk/news/
uk/crime/uk-signs-trafficking-directive-after-10month-delay-2254137.html (21/02/13)]
the Centre for social Justice
summary
executive summary
This is the Executive Summary of It Happens Here: Equipping the United Kingdom to fight
modern slavery. To download the full report, please visit www.centreforsocialjustice.org.uk.
1. Modern slavery: the gravest injustice
‘It ought to concern every person, because it is a debasement of our
common humanity. It ought to concern every community, because it
tears at our social fabric. It ought to concern every business, because
it distorts markets. It ought to concern every nation, because it
endangers public health and fuels violence and organized crime.
I’m talking about the injustice, the outrage, of human trafficking,
which must be called by its true name – modern slavery.’
President Barack Obama, September 20121
the Centre for social Justice fights for people trapped in social breakdown and poverty. We
seek to understand the root causes of deprivation and promote transformative solutions.
this report exposes the shocking plight of those who are trapped in modern slavery in the
UK. the national response to this problem is currently inadequate to the task of eliminating
it. Our review seeks to breathe new life into the fight against modern slavery. It proposes a
revitalisation of every aspect of our country’s approach, including by:
Injecting new and effective leadership to match the seriousness of the crime;
Developing better information about the extent and pattern of modern slavery in the UK
in order to bring clarity and transform our national and local responses;
equipping those on the frontline to recognise modern slavery and act;
Offering more compassionate and radical support to rebuild the lives of survivors;
ensuring that the business community plays its part to stamp out this crime, including by
ensuring transparency in their global supply chains.
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speech by president of the United states, Barack Obama, remarks by the president to the Clinton Global Initiative, 25 september 2012
It Happens Here | executive summary
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2. Modern slavery in the UK
Modern slavery exists in the UK and destroys lives. It manifests in an appallingly wide range
of forms. adults and children – UK nationals and those from abroad – are exploited in the
sex industry, through forced labour, domestic servitude in the home, and forced criminal
activity. the CsJ has gathered evidence on numerous cases of exploitation in factories, fields,
construction sites, brothels and houses.2 Our research shows that a large proportion of
cases are never recognised or reported, and do not appear in any statistics or measures
of the size of the problem. there is no consistent grip on the numbers; agencies charged
with such responsibility are groping in the dark for a sense of scale. the figures used below
reflect the small number of cases known about, but are a pale reflection of the true size of
the problem.
Figure 1: Adults and children in modern slavery in the UK 2012
400
Number of known cases
350
300
250
200
150
100
50
0
Domestic servitude
Labour exploitation
Sexual exploitation
Unknown exploitation
Form of exploitation
Adults
Children
Jess and Hannah
Jess and Hannah, two UK-born school children, met a small group of young men who began to
flatter and treat them, and convince the girls that they were in love. Before long, the girls began to
be pressured and forced into performing sexual acts on the young men and their older friends. One
weekend the girls were driven to a flat and told that they must have sex with whoever arrived at the
property. Jess was menstruating, and so was forced to sit outside the room. Hannah had no option
and, over the weekend, was raped by 90 men. Both of these girls were victims of modern slavery
within the UK.3
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In all case studies used in this report all names have been changed.
Case study submitted by Mike Hand, former tactical adviser on child trafficking cases at the UK Human trafficking Centre, in evidence
to the CsJ, november 2012
the Centre for social Justice
summary
Mary
Mary was born and grew up in nigeria. after her mother’s death, Mary was forced to move to the
country’s capital in order to make some money. It was there that she met tony. He told her he could
offer her a good job in england. tony organised her plane ticket, and they both left for the UK. Hours
after her arrival, Mary was taken to what appeared to be a house. It was actually a brothel. she was
then forced, under threat, to have sex with men who paid money to tony. Before Mary even realised
she had been deceived, she was trapped. For many months she was locked in her room and forced
to have sex with as many men as tony dictated – often up to ten or 12 men a day – and she was
never allowed to say ‘no’. after some time Mary fell pregnant. When tony found out he was furious; he
attacked Mary and tried to abort her baby by force. these attempts were not successful. One evening
after this ordeal, tony and his friends had a party at the brothel. Mary took her chance to escape and,
with the men too drunk to notice, fled the property.4
2.1 Definition
the CsJ uses the term modern slavery to include all definitions below.
Modern slavery
Human trafficking
1. recruitment, transportation, transfer,
harbouring or receipt of persons;
2. By means of 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; (where a child is involved, the
above means are irrelevant)
3. For the purposes of exploitation, which
shall include (non-exhaustive):
a.
b.
c.
d.
e.
f.
4
prostitution;
Other sexual exploitation;
Forced labour;
slavery (or similar);
servitude etc.;
removal of organs.
Slavery
the status or condition of a person over
whom any or all of the powers attaching to
the right of ownership are exercised (129
Convention; approved in defining art 4 eCHr:
siladin v France (eCHr, 2005)).
Servitude
an obligation to provide one’s services that is
imposed by the use of coercion, and is to be
linked with the concept of ‘slavery’ described
above (siladin v France, eCHr (2005)).
Forced labour
all work or service which is exacted from
any person under the menace of any penalty
and for which the said person has not offered
himself voluntarily.
Case study submitted by the William Wilberforce trust, in evidence to the CsJ, March 2012
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3. Filling the leadership vacuum
there is an urgent need to improve the strategic leadership in the UK to combat modern
slavery; there is nobody who is leading the fight. responsibility in government lies with the
Minister for Immigration. this is wrong. Modern slavery is first and foremost a crime and not
an immigration issue. We recommend that the remit for human trafficking and modern
slavery be transferred from the Minister for Immigration to the Minister for Policing
and Criminal Justice to reflect the serious criminality of this issue and undo the harmful
perception that modern slavery is primarily an immigration problem.
3.1 Consistency, accountability and coordination: the Anti-Slavery Commissioner
to bring effective leadership in the UK the CSJ recommends that the Government establish
an Anti-Slavery Commissioner to oversee and impact the UK’s response to the problem.
the anti-slavery Commissioner should be free from political influence and able to draw in
key agencies and organisations to gather information. Crucially, it would offer consistency
in the UK’s approach, which currently fluctuates and stalls with changes in government and
officials. It would be the single point of contact for the modern slavery agenda and would
independently drive improvements in strategy, awareness, training and information gathering.
the Commissioner should promote the views of those who have been trafficked into and
within the UK, in order that the experiences of victims and survivors help shape policy.
This role should thus be modelled on the position of the Children’s Commissioner
which is statutorily obliged to give voice to the interests of children in the UK. the antislavery Commissioner should do the same, shaping a political and national response that is
proportionate, unwavering and effective. Further, the anti-slavery Commissioner should not
be a political appointment. It should be able to launch inquiries and publish its findings without
regard to the political implications.
64 per cent of people we polled would support the appointment of one
person with sole responsibility to oversee efforts to combat modern
slavery in the UK.5
the anti-slavery Commissioner should:
Keep the Inter-Departmental Ministerial Group on Human trafficking accountable, helping
to coordinate department activity across government;
Launch independent inquiries (with or without the permission of secretaries of state)
and require independent inspections, such as requesting that Her Majesty’s Inspectorate
of Constabulary inspect a particular police force’s ability to respond to human trafficking
and modern slavery;
5
18
CsJ/YouGov polling, november 2012
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Coordinate the gathering of national information, particularly ensuring that data from
outside of the national referral Mechanism (nrM) is captured, and present an annual
report of findings to parliament;
ensure transparency amongst the voluntary sector and identify and ameliorate tensions that
may be hindering coordination, including funding competition and communication barriers;
Give voice to victims of modern slavery, within government and statutory agencies such as
the police, to ensure their interests are met.
3.2 From Parliament, for practitioners: a new Modern Slavery Act
‘Human trafficking for non-sexual exploitation is the only
immigration crime that has a victim.’
Pam Bowen, Crown Prosecution Service, in evidence to the CSJ
Legislation relating to human trafficking and modern slavery currently lies under three
different acts.6 Confusion caused by this separation is compounded by the fact that offences
of human trafficking for non-sexual exploitation fall under immigration law.
this separation is unhelpful, and creates unnecessary confusion for those whose job it is to
implement the legislation. It also perpetuates the misunderstanding of modern slavery as
primarily an immigration – not a criminal – problem. this holds our country back.
The CSJ recommends that the Government passes the Modern Slavery Act. this act should include:
all human trafficking and slavery offences, in order to symbolically reflect the criminality of
human trafficking for any form of exploitation and to highlight that modern slavery is not
tolerated in British society;
provisions for ensuring that victims of human trafficking are not prosecuted for crimes they
may have committed as a direct consequence of their trafficking situation;
provisions for the obligation to identify victims of modern slavery and human trafficking, and
investigate the circumstances of their victimisation;
the outlined role of the anti-slavery Commissioner, including its authority to conduct
unannounced visits and launch independent investigations with or without the permission
of secretaries of state, and its obligation to promote awareness of the interests of victims
of modern slavery.
6
section 57, 58, 59 of the sexual Offences act 2003 criminalise trafficking into, within and out of the UK for sexual exploitation,
section 4 of the asylum and Immigration (treatment of Claimants) act 2004 criminalises human trafficking into, within and out of
the UK for non-sexual exploitation and section 71 of the Coroners and Justice act 2009 criminalises holding a person in slavery or
servitude or requiring a person to perform forced or compulsory labour
It Happens Here | executive summary
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4. Lifting the fog: clear data and useful information
It is vital that better information is collected about the extent and locality of modern slavery
in the UK. the nature of modern slavery is such that details about its levels and extent are
very hard to gauge. the nrM is currently a gateway to some support services for victims
who choose to make a referral. It is also the system through which the nrM Competent
authorities – the UK Human trafficking Centre (UKHtC) or the UK Border agency (UKBa)
– decide on whether someone has been a victim of trafficking. However the CsJ believes
there is untapped potential in the nrM, and that a much more detailed picture of modern
slavery can be built up by adapting it. We recommend that the Government should:
4.1 Introduce a two-tier NRM
this will help information about modern slavery to be effectively captured. an anonymous
‘first-tier’ referral would be designed to receive information on cases of modern slavery
whether or not a victim consents to a named referral. a ‘second-tier’ referral would be for
those who wish formally to access support through the nrM and would be a named referral,
as per the current format.
4.2 Strip the UK Border Agency of its Competent Authority status
this will ensure that the first decision made about a victim of modern slavery is not related to
their immigration status, but is a welfare decision based solely on their need for support.they are
victims first. too often the CsJ has been told that UKBa involvement in the nrM process acts
as a major barrier to victims to make a referral. this further damages the UK’s grasp on the scale
of the problem, since many will choose not to be referred. the fact that any potential victim is
required to make their welfare case to the very agency that may at the same time be considering
their immigration status is a denial of the right to have an independent decision concerning
whether they have been trafficked. a single Competent authority making decisions on whether
a person has been trafficked into exploitation, regardless of their immigration status, will ensure
that the UK’s response is victim-centred and compassionate. It will also improve engagement with
the nrM, helping the UK to build a clearer picture.
5. Frontline professionals are ill-equipped to recognise
modern slavery
‘It is widespread and is in all communities – people don’t know
what’s right in front of them, or how to spot the signs.’
Assistant Chief Constable Olivia Pinkney, ACPO lead on Migration and Associated Matters, in evidence to the CSJ
It is crucial that frontline agencies are equipped with the training, skills and knowledge to identify
the indicators of modern slavery, giving the person the best possible chance of freedom.
20
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5.1 Lack of awareness
the CsJ has been shocked at the low awareness among professionals and has seen that
many are not equipped to fulfil their responsibility. We have encountered unacceptable levels
of ignorance and misidentification of victims among the police, social services, the UKBa,
the judicial system and others whose responsibility is to identify victims and ensure they are
protected. this is a grave hindrance to the UK’s response to the victims hidden within its
communities and the traffickers who seek to exploit them.
‘One girl escaped from a brothel and went to a police station to
tell them that she had been trafficked. she had no passport.
Under these confusing circumstances, we chose to arrest her
for being an illegal immigrant.’
Deputy Chief Constable, in evidence to the CSJ
‘In any room of 30 to 40 social workers across the 70 local
authorities we have trained, when asked if anyone knows what
the nrM is no more than one or two will raise their hand.’
Children’s charity, in evidence to the CSJ
social workers across the country are not equipped to identify cases of modern slavery. the
CsJ recommends that trainee social workers should be taught about the risks of child
trafficking in the UK as part of their qualification, and existing social workers should be
trained effectively through an agreed programme. this training should form part of a social
worker’s continued professional development.
an appalling outcome of such failure on the frontline is the fact that numerous victims of
modern slavery are being prosecuted for offences they have committed as a result of being
trafficked. this may include immigration offences or, in cases where people – often minors
– are trafficked into the UK to work in one of the thousands of British cannabis farms,
drugs offences. this is a distressing miscarriage of justice: more must be done to ensure that
vulnerable victims of modern slavery are not criminalised. The CSJ recommends that under
the Modern Slavery Act provisions should be made for ensuring that victims of modern
slavery are not prosecuted for crimes they committed as a direct consequence of their
trafficking situation.
It Happens Here | executive summary
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5.2 British children in modern slavery are not being found
In 2011, 42 per cent of the UK citizens who were trafficked were girls
trafficked for sexual exploitation.7
the CsJ has been just as disturbed by evidence of British children being trafficked within
the UK for sexual exploitation. We have also been alarmed to learn that many of these
children are viewed as being complicit in their exploitation. this is absurd and unacceptable.
elements of control in these cases can be subtle and difficult to identify. they frequently
take the form of sexual or other forms of violence, physical or emotional abuse, threats of
violence towards family members or threats of public shaming – perhaps by the publication
of humiliating photographs of the abuse that has taken place. In the midst of such abuse,
one perpetrator may play ‘good cop’, thus becoming the victim’s main controller through
a misplaced loyalty or the semblance of a relationship. this often means that the victim is
beholden to the perpetrator’s demands, however abusive, demeaning or illegal. It is crucial
that practitioners are able to identify and respond to this horrendous abuse which makes
children a commodity.
‘the controls I have seen exerted on British children who have
been trafficked for sexual exploitation are virtually the same as
those I see on adult victims who are trafficked to the UK from
abroad for sexual exploitation.’
Mike Hand, Former Tactical Adviser at the UKHTC, in evidence to the CSJ
It is also essential that the laws on human trafficking in the UK are recognised as relevant in
cases such as these. the CsJ has heard of a damaging lack of leadership on tackling this crime,
and recommends that police should be more widely trained on the relevance of human
trafficking offences in addressing the internal trafficking of British children.
5.3 New direction for law enforcement
‘Human trafficking is not a performance indicator for police. Until it
is, there is more incentive to investigate a shed burglar…than there
is a human trafficker.’
Anonymous former law enforcement officer, in evidence to the CSJ
7
22
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p4
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Whilst the review has found some impressive examples of work by local police forces, it has
also revealed that in many areas police are unaware of the issue, or treat it as a low strategic
priority. We are convinced that the recently elected police and Crime Commissioners (pCCs)
present a valuable opportunity to ensure that modern slavery is kept on the agenda. though
modern slavery may not yet be of pressing public concern, pCCs are required to ensure that
issues of a national and international nature are not left behind at the local level.
police in some areas do not take ownership of investigations into modern slavery. smaller
area units often shy away from cases due to a lack of awareness of the evidence needed and
the sometimes international and often complex nature of the crime. Until it is made clear to
forces exactly who has primacy in investigating cases of human trafficking and modern slavery,
investigations are at risk of stalling. a simple and clear protocol for each force, underpinned
by a national strategy, will enable forces to bring a consistent and effective approach to
investigations into modern slavery, and support victims through the nrM. the Government
has stated that each police force has identified a responsible senior police officer for human
trafficking – a single point of Contact (spOC).8 However, in our research we have found that
only half of the 33 forces which responded were able to give any information about their
spOC.9 this must be urgently rectified: every force should have an identified SPOC. this role
must be embedded and must not be lost when an individual moves on.
6. Rebuilding the lives of survivors
‘these are some of the most faceless, voiceless, helpless people that
we have in the country.’
Chief Superintendent John Sutherland, Metropolitan Police, in evidence to the CSJ
6.1 A strategy for adult survivors
Once victims are identified it is vital that they are provided with specialist aftercare support.
survivors need help to recover from their experiences and to ensure that they do not fall back
into exploitation. Whilst some support services exist, there is a pressing need to rethink the
approach to reintegration and resettlement for survivors of modern slavery. Standardised and
long-term provision to enable survivors to rebuild their lives must be developed across the
country, and outcomes must be better measured. this will tackle the ‘postcode lottery’ that
currently exists and ensure that survivors are given the support they need to move forward.
similarly, survivors who return to their home country are in dire need of better support in
order to be protected from re-trafficking. shamefully there is no guaranteed assistance for those
from outside the eU who are returning home through the UKBa returns programme. there is
8
9
Inter-Departmental Ministerial Group on Human trafficking, First annual report of the Inter-Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012, p51
results of CsJ Freedom of Information request, august 2012
It Happens Here | executive summary
23
no returns assistance at all for eU nationals who wish to go home. the CsJ recommends that
all trafficked victims from outside of the EU are offered assistance through a return and
reintegration scheme when returning home. A return and reintegration scheme should also
be developed for EU nationals who have been trafficked and want to return home.
the CsJ also recommends that the Anti-Slavery Commissioner should work with
Government to ring-fence international assistance with conditions for countries which are
persistently top source countries for victims of modern slavery in the UK. ring-fencing
international financial assistance to ensure that a portion of funds are used to reintegrate
survivors of modern slavery who are returning home will mark a key development in the UK’s
recognition of the international nature of this human rights abuse. If failure persists, further
action should be taken to restrict or sanction international aid to these countries.
6.2 Rebuilding the future for children
the CsJ has been outraged to hear of the number of trafficked children who go missing from
local authority care. this is a national scandal. Much more must be done to make sure that
these children are kept safe.
‘If they’re still with you in two weeks then you’ve achieved
something.’
Children’s Services Manager, in evidence to the CSJ
It is estimated that 60 per cent of trafficked children in local authority care go missing.10
Between 1 april and 31 august 2011, for example, 25 potentially trafficked children went
missing from care in one local authority alone – five children per month in that time.11
trafficked children who go missing are highly likely to be returning to exploitation: the CsJ
has heard how they are often so terrified and ‘brainwashed’ by their trafficker that they will
leave at the first possible opportunity and return to their abuser. In one case described to the
CsJ, a boy who had been trafficked into the UK disappeared on a visit to the dentist: he had
climbed out of the window in a desperate attempt to return to his abuser.12
a serious problem voiced to the CsJ by those from children’s services, the police and nGOs
is the complete lack of appropriate accommodation for children who have been trafficked.
this contributes significantly to the shocking number of children who have gone missing.
the CsJ has identified excellent practice in the Barnardo’s safe accommodation project,
which uses trained and specialist foster carers to look after children who have been trafficked.
The CSJ recommends that this model be duplicated in the UK, and that more specialist
foster placements are made available.
10
11
12
24
House of Commons, Home affairs Committee (2009) The Trade in Human Beings: Human Trafficking in the UK, sixth report of session
2008–09, Volume 1, London: House of Commons
the Guardian, Children lost from care in human trafficking cases, says Council, 19 October 2011
anonymous child safeguarding practitioner, in evidence to the CsJ
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secure accommodation, for the most serious cases, can go some way to ensuring the safety
of a trafficked child in the first instance. In some cases where absconding or re-trafficking are
a serious risk, a welfare placement in a secure children’s home may be in the best interests
of the child whilst a long-term protection plan is formulated. the CsJ has heard that empty
beds are common in secure children’s homes which are solely for welfare placements, and
are not for young offenders. However many social workers still view these homes as punitive.
this unhelpful perception must be dispelled, and secure accommodation should be more
widely considered as an option for keeping a child victim of modern slavery safe in the
immediate and short term.
“the misguided perception is I am ‘denying a child their freedom’,
rather than ‘I am keeping a child safe’.”
Keith Smith, Chair of Secure Accommodation Network, in evidence to the CSJ
Trafficked children in secure accommodation
two Vietnamese children were placed in a secure children’s home after being arrested under drugs
charges. this secure home was for young offenders, and was not a welfare placement. In time it
transpired that both children had been trafficked. though they were safe in the secure home, they
were immediately removed and placed in a children’s home. Within days they had disappeared.13
though this example involves a secure home for young offenders, the principle remains that whilst
the children were in the secure home, they did not go missing.
the CsJ has heard that once a placement has been found for a child, therapeutic services
are distinctly lacking and difficult to find. specialist foster carers told the CsJ of their
exasperation at the lack of available and appropriate support for a trafficked child. One
foster carer spoke of taking it upon herself to chase up appointments and find a counsellor.
In this case, the foster carer eventually decided to pay for a private counsellor for the child
in her care with her own money rather than wait any longer. The availability of quality
therapeutic care tailored to the needs of trafficked children must become a priority. It
must be improved.
‘I’ll phone them up and chase them. Meanwhile, she’s getting worse
trying to deal with things in her head that she can’t sort out.’
Foster carer, in evidence to the CSJ
13
Case study submitted by Keith smith, Vinney Green secure children’s home, June 2012
It Happens Here | executive summary
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‘It is absolutely critical that we recognise and respond to the need
for ongoing support and that we get it right so we do not fail yet
another generation.’
Sheila Taylor, Director, National Working Group for Sexually Exploited Children, in evidence to the CSJ
7. The role for business
the CsJ has worked with politicians and charities to draft and promote the Transparency
in UK Company Supply Chains (Eradication of Slavery) Bill (the tIsC Bill) which requires
companies with annual worldwide gross receipts exceeding £100m to engage positively and
safely with the anti-slavery agenda without fear of reprisal. the tIsC Bill simply requires these
companies:
to make annual statements of measures taken by them to eradicate slavery, human
trafficking, forced labour and the worst forms of child labour from their supply chains;
to provide customers and investors with information about measures taken by them to
eliminate slavery, human trafficking, forced labour and the worst forms of child labour;
and to provide victims of slavery with necessary protections and rights.
82 per cent of people we polled would support the Government requiring
large companies to report on the efforts they are making to ensure
modern slavery is not in their supply chains.14
We recommend that the TISC Bill be enacted by Parliament because it is good for: victims
of modern slavery; consumers and investors who wish to make responsible and informed
decisions; and responsible businesses who want to promote their actions. this Bill is modelled
on successful legislation passed in the state of California, where companies such as Walmart
and exxonMobil have engaged with this new transparency agenda.
the CsJ understands that the Government is concerned about over-regulating the private
sector. However, if there is one basic reason for overseeing business activity it must be to
ensure that supply chains are free from modern slavery. the CsJ suggests that the concepts
in the tIsC Bill could be included as part of wide-ranging deregulation reforms should this be
more politically agreeable, with only the most pressing and serious areas overseen through
legislation. this legislation encourages self-regulation of businesses, and would not demand any
direct government involvement.
14
26
CsJ/YouGov polling, november 2012
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Noble Foods
In 2012, workers from Lithuania were kept in appalling conditions in and subject to ‘a climate of fear’,
threats and violence whilst working to provide eggs to some of the UK’s most prominent retailers and
restaurants.15 noble Foods, which supplies eggs to companies including McDonald’s, tesco, sainsbury’s,
asda and Marks and spencer, used a licensed labour provider to supply workers to catch chickens on
sites all over the UK. this labour provider subjected migrant workers to debt bondage, giving them
no option to leave the squalid house in which they were forced to live and sleep.
‘When they were brought back to their accommodation in Kent at weekends, they reported living 15
men to a small house in damp, squalid conditions. Mattresses on the floor were infested with bed
bugs and fleas.’ 16
the firm’s exploitation of the workers was ‘so extreme’ that the Gangmasters Licensing authority
(GLa) ordered the firm to stop supplying workers immediately.17 two individuals were arrested for
human trafficking offences and reportedly perpetrated ‘one of the worst cases of exploitation the
GLa has ever uncovered in the food supply chain.’18
the reality of modern slavery in the UK is stark and shocking. It must be exposed and
ruthlessly challenged. Our review makes over 80 recommendations to equip the nation to
fight this shameful crime and restore hope to its victims.
For a list of all recommendations, see p215 in the full report.
The report can be downloaded at www.centreforsocialjustice.org.uk.
15
16
17
18
Gangmasters Licensing authority, press release, Kent based gangmaster stopped from trading for serious exploitation of workers, 30
October 2012, [accessed via: http://gla.defra.gov.uk/pageFiles/1373/revocation%2 0press%20release%2030-10-12f.pdf (09/01/13)]
the Guardian, Workers who collected Freedom Food chickens ‘were trafficked and beaten’, 29 October 2012
Gangmasters Licensing authority, press release, Kent based gangmaster stopped from trading for serious exploitation of workers, 30
October 2012, [accessed via: http://gla.defra.gov.uk/pageFiles/1373/revocation%2 0press%20release%2030-10-12f.pdf (09/01/13)]
Ibid
It Happens Here | executive summary
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one
chapter one
Modern slavery
in the UK
‘It ought to concern every person, because it is a debasement of our
common humanity. It ought to concern every community, because it
tears at our social fabric. It ought to concern every business, because
it distorts markets. It ought to concern every nation, because it
endangers public health and fuels violence and organized crime. I’m
talking about the injustice, the outrage, of human trafficking, which
must be called by its true name – modern slavery.’
Barack Obama, President of the United States, September 20121
1.1 Introduction
the Centre for social Justice (CsJ) has seen a shocking variety of ways in which innocent
adults and children are being exploited in modern slavery in the UK. every case is different,
involving a range of pressures on the individual and varying forms of coercion and force. this
section defines human trafficking and modern slavery, and gives an overview of the problem
in the UK, describing the forms of trafficking and modern slavery that are taking place and
drawing on case studies that the CsJ has gathered. In all case studies used in this report all
names have been changed. the hidden nature of this crime means that building an accurate
picture of the problem and its scale is a serious challenge. For this reason the CsJ decided
not to estimate the number of victims of modern slavery in the UK since any number will be
misleading and inaccurate. Current figures on the size of the problem are already ambiguous,
with government figures reporting a small percentage of cases and some organisations
portraying poorly calculated estimates as fact.2 the Working Group has instead provided a
snapshot of the problem, with verified case studies, to highlight the dreadful reality of modern
slavery and the suffering it causes.
1
2
speech by president of the United states, Barack Obama, remarks by the president to the Clinton Global Initiative, 25 september 2012
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p16
It Happens Here | Modern slavery in the UK
29
1.2 Definitions
there are a number of internationally agreed understandings of human trafficking and modern
slavery.the United nations palermo protocol 2000 was the first internationally binding instrument
to define human trafficking, providing an agreed interpretation of the term, and establishing the
protection to be afforded to victims. It also recognised the severity of human trafficking as an
organised crime. the palermo protocol definition of human trafficking asserts that:
“‘Trafficking in persons’ 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. 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”.3
this definition covers the act, the means and the purpose involved in trafficking a person and
exploiting them. the consent of someone who has been trafficked becomes irrelevant where
any of the listed means are used to exploit someone. In other words:
‘Trafficking involves ongoing exploitation and even if the person might have consented at
some stage, this consent is meaningless, because of the deception and coercion involved’.4
the Council of europe Convention on action against trafficking in Human Beings (the
Convention) was agreed in 2005, in order to help Member states to develop a consistent
policy against human trafficking.5 the UK ratified the Convention in 2008 and brought it
into force in april 2009. It provided guidance on prevention, national coordination and
cooperation between different agencies, protection and assistance to victims and an obligation
to criminalise human trafficking. In particular the Convention required the introduction of
measures to identify and support victims, which led to the establishment of the UK’s national
referral Mechanism (nrM). the nrM’s functions are addressed in Chapter three. In 2010,
the eU Directive on preventing and combating trafficking in human beings and protecting
its victims (the Directive) introduced further measures including a more serious approach
to prevention and prosecution and the protection of victims’ rights.6 It also included specific
measures for child victims. the UK is under an obligation to be fully compliant with this
Directive, which compliments the Council of europe Convention, by april 2013. the Directive
drives much of the Government’s action on human trafficking; the Government will be subject
to infraction proceedings for each day it fails to implement the Directive.7
3
4
5
6
7
30
United nations, Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United
Nations Convention Against Transnational Organised Crime, 2000
Craig G et al, Modern Slavery in the United Kingdom, York: Joseph rowntree Foundation, 2007, p19
Council of europe Convention on action against trafficking in Human Beings, 2005 [accessed via: http://conventions.coe.int/treaty/en/
treaties/Html/197.htm (09/01/13)]
Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and combating trafficking in human
beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa [accessed via: http://eur-lex.europa.eu/
LexUriserv/LexUriserv.do?uri=OJ:L:2011:101:0001:0011:en:pDF (23/01/13)]
pam Bowen, Crown prosecution service, in evidence to the CsJ, november 2011
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one
A position of vulnerability
the internationally agreed definition of human trafficking highlights the significance of a position
of vulnerability. the eU Directive explains the position of vulnerability as ‘a situation in which the
person concerned has no real or acceptable alternative but to submit to the abuse involved’.8 this is
recognised as being a common feature across all types of human trafficking; positions of vulnerability
are compelling factors in this type of crime. a pre-existing position of vulnerability may be poverty,
a lack of job opportunities, age and even, in some cases, gender. a position of vulnerability may be
created through fostering a romantic relationship, developing personal dependence, or even forcing
drug abuse to create an addiction. numerous cases of human trafficking in the UK display this abuse
of a position of vulnerability. a position of vulnerability should be considered by investigators and
prosecutors as a significant element of any investigation into human trafficking. Consideration should
be given to what forms of evidence would be needed to support this element of the process of
trafficking.
1.2.1 Modern slavery defined
the CsJ uses the term modern slavery to include all definitions below:
Modern slavery
Human trafficking
1. recruitment, transportation, transfer,
harbouring or receipt of persons;
2. By means of 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; (where a child
is involved, the above means are irrelevant)
3. For the purposes of exploitation, which
shall include (non-exhaustive):
a.
b.
c.
d.
e.
f.
8
prostitution;
Other sexual exploitation;
Forced labour;
slavery (or similar);
servitude etc.;
removal of organs.
Slavery
the status or condition of a person over
whom any or all of the powers attaching to
the right of ownership are exercised (129
Convention; approved in defining art 4 eCHr:
siladin v France (eCHr, 2005)).
Servitude
an obligation to provide one’s services that is
imposed by the use of coercion, and is to be
linked with the concept of ‘slavery’ described
above (siladin v France, eCHr (2005)).
Forced labour
all work or service which is exacted from
any person under the menace of any penalty
and for which the said person has not offered
himself voluntarily.
article 2.2, Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011, on preventing and combating
trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa [accessed via: http://eurlex.europa.eu/LexUriserv/LexUriserv.do?uri=OJ:L:2011:101:0001:0011:en:pDF (23/01/13)]
It Happens Here | Modern slavery in the UK
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Under this definition, modern slavery encompasses human trafficking, as defined in the
Un palermo protocol and the Council of europe Convention and as made illegal in UK
legislation under the sexual Offences act 20039 and the asylum and Immigration (treatment
of Claimants) act 2004.10 It also includes cases of slavery and servitude as made illegal in the
Coroners and Justice act 2009, which criminalises holding a person in slavery or servitude
or requiring a person to perform forced or compulsory labour.11 throughout the report,
when the CsJ refers to modern slavery, it encompasses all of the above forms of human
trafficking, slavery and servitude that have been defined in national and international laws and
agreements.
International example: the USA
‘The United States Government considers trafficking in persons to include all of the criminal conduct
involved in forced labour and sex trafficking, essentially the conduct involved in holding someone in
compelled service. Under the Trafficking Victims Protection Act (TVPA), and consistent with the UN
Palermo Protocol, individuals may be trafficking victims regardless of whether they once consented,
participated in a crime as a direct result of being trafficked, were transported into the exploitative
situation, or were simply born into a state of servitude. Despite a term that seems to connote
movement, at the heart of the phenomenon of trafficking in persons are the many forms of
enslavement, not the activities involved in international transportation (emphasis added).’12
1.3 Why didn’t you leave?
During a trial observed by the CsJ, three individuals were charged with trafficking a man
from romania to the UK and forcing him into work and criminality. During the trial a
frequent question from the defence was ‘Why didn’t you just walk away?’. the focus was
largely on whether physical restraints were exerted upon the individual, and the defence
cited a number of instances where the victim had walked to the local shop and returned to
the house. Understanding the more subtle psychological controls that are exerted so often
over people who have been trafficked is absolutely crucial in cases such as this. the CsJ was
encouraged to observe that, in this particular case, all three defendants were convicted of
human trafficking.13
‘Control of the mind is more effective than a pair of handcuffs.’
Nick Kinsella, founder and former head of the UK Human Trafficking Centre and board member,
United Nations Voluntary Trust Fund for Victims of Human Trafficking
9
10
11
12
13
32
section 57, 58, 59, sexual Offences act 2003 [accessed via: http://www.legislation.gov.uk/ukpga/2003/42/part/1 (22/11/11)]
section 4, asylum and Immigration act 2004 [accessed via: http://www.legislation.gov.uk/ukpga/2004/19/section/4 (22/11/11)]
section 71, Coroners and Justice act 2009 [accessed via: http://www.legislation.gov.uk/ukpga/2009/25/part/2 (22/11/11)]
Us Department of state website [accessed via: http://www.state.gov/j/tip/what/index.htm (19/12/12)]
the Daily Mail, Horrific case of girl, seven, dubbed the Romanian Cinderella after being trafficked to Britain to work as a slave, 4 February
2012
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1.4 Myths of modern slavery
throughout its research, the CsJ has heard varied accounts of the size and shape of modern
slavery in the UK, and during its analysis of the true problem facing the country today has
uncovered several common misunderstandings or ‘myths’. these myths may be present
among the public, police officers, the UK Border agency (UKBa), the Government or within
local authorities. Whilst there has been some progress in understanding what modern slavery
is and is not, the following myths must still be dispelled:
1. Modern slavery only takes place across international borders. Internal trafficking – the
recruitment and exploitation of UK and non-UK nationals within the country – is taking
place in the UK and is a substantial problem, explored in this review.
2. Modern slavery only affects women and children. In 2011, of the 2077 potential victims
of modern slavery identified by the UK Human trafficking Centre (UKHtC), 40 per cent of
the individuals were male.14 this problem can no longer be viewed only as a manifestation
of violence against women, and must be recognised as a significant issue for vulnerable men
as well. the provision of accommodation and support for male as well as female victims of
modern slavery through the salvation army’s subcontracting model is to be welcomed –
the contract is discussed in Chapter six.
‘We weren’t aware it could happen to men.’
Megan Stewart, Reconnections Manager, Thames Reach
3. Modern slavery is only another word for ‘prostitution’. It must be understood that those
trafficked into sexual exploitation are not given a choice, but are made to submit to the
abuse that they have been caught up in. In these cases of modern slavery, it is irrelevant
whether the individual knew they might be brought to the UK to work in the sex industry;
if the person is coerced or deceived, or subject to threats or controlled, their ‘consent’
means nothing.
the debate over the links between prostitution and modern slavery is complex and
ongoing. It draws in a range of groups, from those who support prostitution to those
who call for its abolition. It was however the decision of the Working Group to focus
solely on cases of human trafficking for sexual exploitation, of which there have been
many in the UK. Whilst links exist between prostitution and modern slavery, the two
states can be mutually exclusive and the Working Group agreed that it was beyond the
scope of this report to look into the UK’s approach to prostitution. Modern slavery
exists in countries where prostitution is illegal, where prostitution is legal, and where the
14
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p6
It Happens Here | Modern slavery in the UK
33
approach is ‘tolerant’ but ambiguous.15 However, across all of these countries including
the UK, ‘human trafficking always remains illegal even if prostitution becomes legal.’16
4. Modern slavery exists only within the sex industry. Cases have also been recorded of
trafficking for forced labour, for slavery in a private household, for street crime and benefit
fraud, and for drug cultivation. this diverse range of exploitation reflects a much broader
problem of the commodification of people for the profit, gain or gratification of others.
1.5 Modern slavery in the UK
the ways in which adults and children have been exploited in modern slavery in the UK
are explained and exemplified below. In each case, the figures cited are mainly drawn from
government statistics. However, these are a guide only since, for reasons explored in Chapters
three and Four, government figures for the number of modern slavery victims in the UK do
not represent the true scale of the problem.
adult victims are exploited through forced labour, in the sex industry, through domestic
servitude in the home and through forced criminal activity. the CsJ has gathered evidence on
numerous cases of the exploitation of adults in factories, fields, construction sites, brothels and
houses. the limited figures available suggest that sexual exploitation may be the most prevalent
form, accounting for almost 50 per cent of all known cases, as the below figure shows.17
Figure 1.1: Forms of adult modern slavery in the UK in 2012
400
Number of known cases
350
300
250
200
150
100
50
0
Domestic
servitude
Labour
exploitation
Sexual
exploitation
Unknown
exploitation
Form of exploitation
the trafficking of children into modern slavery is also a global problem to which the UK is not
immune. the exploitation of children through forced labour, criminality and sex is prevalent in
15
16
17
34
Cho s, Dreher s and neumayer e, ‘Does Legalized prostitution Increase Human trafficking?, World Development, 41, 2013, pp67–82
Ibid, p68
UKHtC, United Kingdom National Referral Mechanism Provisional Statistics 2012, p2 [accessed via: http://www.soca.gov.uk/about-soca/
about-the-ukhtc/national-referral-mechanism/statistics (11/02/13)]
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the UK. a prominent children’s charity, working with vulnerable and at-risk children in the UK,
reports that over 95 per cent of its services have encountered cases of child trafficking since
2009.18 In its Human trafficking strategy published in July 2011, the UK Government pledged
to ‘prevent and safeguard children from the threat of child traffickers and… ensure that, where
child victims are identified, they receive the best support and protection the UK can provide’.19
provisional statistics for known cases among children in 2012 show that sexual exploitation is
the most common form of modern slavery, where the type of exploitation is known.20
Figure 1.2: Forms of child modern slavery in the UK in 2012
Number of known cases
150
100
50
0
Domestic
servitude
Labour
exploitation
Sexual
exploitation
Unknown
exploitation
Form of exploitation
It is crucial that there is a coordinated and transparent approach to tackling this problem,
particularly given the wide range of agencies that hold responsibility for the safety of children.
1.5.1 Forced labour
there are numerous documented cases of trafficking for forced labour in the UK. the
International Labour Organisation (ILO) defines forced labour as: ‘all work or service which is
exacted from any person under the menace of any penalty and for which the said person has
not offered himself voluntarily’.21 Forced labour is one of the most prevalent forms of known
exploitation in the UK, forming 22 per cent of all exploitation types in 2011 according to the
UKHtC.22 It involves UK nationals as well as people from outside of the UK. In cases of forced
labour, ‘the power of the employer to impose conditions and rules is absolute and the worker is
unable to refuse without facing some kind of punishment, i.e. is under the menace of penalty’.23
18
19
20
21
22
23
Barnardo’s, Puppet on a String: The urgent need to cut children free from sexual exploitation, London: Barnardo’s, 2011, p9
Home Office, Human Trafficking: The Government’s Strategy, London: Home Office, July 2011, p7
UKHtC, United Kingdom National Referral Mechanism Provisional Statistics 2012, p2 [accessed via: http://www.soca.gov.uk/about-soca/
about-the-ukhtc/national-referral-mechanism/statistics (11/02/13)]
International Labour Organisation, Forced Labour Convention, 1930, no. 29, article 2.1
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p4
skrivankova K, Between decent work and forced labour: Examining the continuum of exploitation, London: Joseph rowntree Foundation,
november 2010, p7
It Happens Here | Modern slavery in the UK
35
Indicators of forced labour
threats or actual physical harm to workers;
restriction of movement and confinement to the workplace or to a limited area;
Debt bondage, where the worker works to pay off a debt or a loan, and is not paid for his or her
services;
Withholding of wages or excessive wage reductions that violate previously made agreements;
retention of passports and identity documents, so that the worker cannot leave, or prove their
identity and status;
threat of denunciation to the authorities, where the worker has an irregular immigration status.24
Case study: Forced labour in the UK
Four men from the Czech republic were offered work in Birmingham. When they arrived their
documents were taken from them and they were forced to live in a house together, in squalid
conditions. every day, they were driven to Bedfordshire to work in a bread factory. the gangmaster
who had seized their documents registered all four men with the worker’s registration scheme, and
forced the men to pay all their wages to him. When one individual began to question his lack of
wages, he was chained to a radiator and beaten. He was also burned with cigarettes. the four men
eventually escaped the situation when, on the journey to Bedfordshire, travelling in the back of a van,
one man feigned illness in order to make the driver stop. When the doors were opened, the four ran
in different directions and escaped.25
Given that forced labour can also often be seasonal, with workers trafficked to the UK at
certain peak times during the farming season, the CsJ recommends that police forces explore
the option of short-term ‘crackdown and consolidation’ teams, in areas which may frequently
display indicators of modern slavery. this would help forces to target resources to address
the crime and employ coordinated partnership programmes to maintain a longer-term
prevention plan.
Debate exists over the ‘grey areas’ in cases of forced labour; some find it helpful to understand
it in terms of a ‘continuum’ of labour, from decent work to labour exploitation to forced
labour.26 It is however important to understand that:
‘Coercion and deception are the fundamental elements of trafficking and are used to
control and exploit victims. It is these practices that distinguish victims of trafficking for
labour exploitation from individuals merely working in poor conditions. It is the lack of
free will or involuntary nature of the employment and conditions endured that indicate a
trafficking situation, compared to the voluntary nature of those employed in other poor
or illegal conditions’.27
24
25
26
27
36
International Labour Organisation, Human Trafficking and Forced Labour Exploitation: Guidelines for legislation and law enforcement, Geneva:
ILO, 2005, pp20–21
Case study submitted by thames reach, in evidence to the CsJ, august 2012
skrivankova K, Between decent work and forced labour: Examining the continuum of exploitation, London: Joseph rowntree Foundation,
november 2010, p16
Home Office, Trafficking for the purposes of labour exploitation: a literature review, London: Home Office, 2007, p13
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the menace of penalty is key in understanding the lack of choice for victims of forced labour.
Whether this be physical violence or other threats, the menace of penalty may not be
immediately obvious but will have a significant impact on a victim’s perception of their ability
to leave. the Joseph rowntree Foundation has conducted substantial levels of research into
this area of exploitation, exploring the experience of victims of forced labour, discussing the
way in which business models may facilitate and perpetuate forced labour, and furthering the
debate about what can be done to counter it.28
‘[Forced labour] is truly a hidden scandal in modern labour
economics and enforcement of workplace rights.’
The Gangmasters Licensing Authority, in evidence to the CSJ
In a recent analysis of cases it is aware of, the UKHtC stated that the most prevalent
area of exploitation in forced labour was in the tarmacking and block-paving industries by
members of the UK traveller community.29 Other forms of forced labour include exploitation
in factories, agriculture, the food processing industry, in restaurants, nail salons, construction
and door-to-door leaflet delivery – the common feature being that they are generally low
or unskilled occupations.30 as with other forms of modern slavery, forced labour is underreported due in large part to the fact that vulnerable victims are unlikely to speak out, and
also due to a lack of awareness of agencies on the indicators of forced labour and what to do
if they do identify it. One London-based charity working with vulnerable and homeless men
from eastern europe told the CsJ that of the 39 men they have so far seen who have shown
indicators of modern slavery, just seven (18 per cent) have been referred to the government
system for identifying trafficked people and meeting their immediate needs – the national
referral Mechanism (see Chapter three).31
Ben
a British man called Ben, who was unemployed and living on the streets of a major UK city, was
approached at a soup kitchen and offered work and accommodation by a couple who ran a blockpaving business. Ben was socially isolated, having broken up with his girlfriend and lost his job in a
short space of time: he lacked any form of support network. seeing no other option, he agreed to
go. He was taken to a site many miles away where, upon arrival, he was subjected to intimidation
and violence. He was forced to work paving driveways, and was paid little or often nothing for his
labour. He was terrified of the consequences of trying to leave, so submitted to this abuse for a
long time.32
28
29
30
31
32
Joseph rowntree Foundation research programme, Forced Labour: Contemporary slavery in the UK [accessed via: http://www.jrf.org.uk/
work/workarea/forced-labour (13/06/12)]
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p11
Ibid
anonymous charity, in evidence to the CsJ, august 2012
‘Ben’, in evidence to the CsJ
It Happens Here | Modern slavery in the UK
37
‘We were very surprised – we thought everyone would be from
another country, not from the UK.’
Staff member, Midland Heart Anti-Human Trafficking Project, in evidence to the CSJ
Recommendation:
Police forces should develop short-term ‘crackdown and consolidation’ teams in areas which
frequently display indicators of modern slavery due to seasonal work.
1.5.1.1 Children in forced labour
Children are also trafficked into, and within, the UK for forced labour, though this remains an
area with some intelligence gaps.33 according to a 2011 assessment by the Child exploitation
and Online protection Centre (CeOp), in the nine months to 15 september 2011, ‘56
children and young people trafficked into the UK have been subject to labour exploitation …
this includes exploitation in agriculture, construction, hospitality and in nail bars’.34 Children
have also been exploited in factories in the UK: half of slovak victims of trafficking for labour
exploitation in a factory in 2011 were children.35 Children trafficked into labour exploitation
are also made vulnerable to other forms of exploitation, including criminality, domestic
servitude and benefit fraud.36 these are explored below.
‘We have worked with children who have been exploited working
in takeaway restaurants, garages and a butcher.’
Anonymous children’s charity, in evidence to the CSJ
1.5.2 Sexual exploitation
sexual exploitation is reportedly the most prevalent form of modern slavery in the UK.
people trafficked for sexual exploitation may be forced to work in brothels based in private
rented houses or flats, or in massage parlours or other establishments that offer sexual
services. some victims are advertised on the internet and ‘delivered’ to customers. In 2011,
six per cent of those identified as trafficked into sexual exploitation were men.37
33
34
35
36
37
38
Inter-Departmental Ministerial Group on Human trafficking, First annual report of the Inter-Departmental Ministerial Group on human
trafficking, London: Home Office, October 2012, p71
CeOp, Child Trafficking Update, 2011, London: CeOp, October 2011, p10
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: sOCa, august 2012, p11
CeOp, Child Trafficking Update, 2011, London: CeOp, October 2011, p10
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p9
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Mary
Mary was born and grew up in nigeria. Her mother was a witch doctor responsible for carrying out
female genital mutilation procedures on girls in their village. as she grew older, Mary was pressured
by the elders of the village to take over her mother’s job. Mary did not want to as she thought it
was wrong, but she was subjected to voodoo rituals to force her to take on the role – the scars of
these rituals remain today. after her mother’s death, when Mary still refused to take on the role, the
village elders took her to a remote place and raped her. Fearing for her life, Mary fled her home.
Making a small amount of money selling newspapers on the street in the country’s capital, Mary
was able to sustain herself for a while. It was then that she met tony. He told her he could offer her
a good job in england, and that she wouldn’t have to be homeless any more. tony organised her
plane ticket, and they both left for the UK. Hours after her arrival, Mary was taken to what appeared
to be a house. It was actually a brothel. she was then forced, under threat, to have sex with men
who paid money to tony. Before Mary even realised she had been deceived, she was trapped. For
many months, she was locked in her room, forced to have sex with as many men as tony dictated
– often up to ten or 12 men a day – and she was never allowed to say ‘no’. after some time Mary
fell pregnant. When tony found out he was furious; he and his friends attacked Mary and tried to
abort her baby by force. these attempts were not successful. One evening after this ordeal, tony
and his friends had a party at the brothel. Mary took her chance to escape and, with the men too
drunk to notice, fled the property.38
Juju: a method of control
support workers have voiced their concerns at the control measure exerted predominantly on young
women from West africa: juju. Often used in cases of sexual exploitation, juju is a tradition involving
superstition and witchcraft. It encompasses a range of rituals typically conducted by a witch doctor,
either to summon good fortune or to call upon evil spirits. It has been used to secure the obedience
of individuals before they are trafficked out of the country. Widespread belief in juju makes it an
effective tool of control for traffickers:
‘At the ritual, the woman is made to take oaths of allegiance, secrecy, confidentiality, and repayment
of the costs of her journey and other incidental expenses, as solely determined by the trafficker’.39
recent cases have exposed the effectiveness of juju as means of securing compliance. Osezua Osolase,
a resident of northfleet, Kent, recruited and raped a number of orphans in nigeria, performing juju
rituals which included cutting the young girls with a razor and taking their blood:
‘The native doctor cut the girls’ arms, drawing blood, and scarred their chests. He told them to swear
they would not run away, that they would work to pay back the money they owed and that they
would never tell who had helped them. The man then took locks of their head and pubic hair and
pared their finger and toe nails, warning them that he was keeping a part of them and if they broke
their word they would die’.40
38
39
40
Case study submitted by the William Wilberforce trust, in evidence to the CsJ, March 2012
Falola t and afolabi n (eds), The Human Cost of African Migrations, new York: routledge, 2007, p181
the Observer, If you break your promise, lightning will kill you, 30 July 2003 [accessed via: http://www.guardian.co.uk/uk/2003/jul/30/
ukcrime.children (25/09/12)]
It Happens Here | Modern slavery in the UK
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Osolase then brought the girls to the UK to sell them into the commercial sex industry. His victims
were told that they would be found and killed if they disclosed anything about their ordeal. the rituals
ensured that ‘invisible power’ was held over the young girls, allowing ‘control at whatever distance’.41
not only does this form of witchcraft render victims terrified and compliant with the abuse they face;
it also makes police investigation very difficult, since many will refuse to speak about their experience
even when they have been removed from their traffickers. support providers have also told the CsJ
of some victims who have suffered night terrors and severe emotional trauma linked directly to juju.42
1.5.2.1 Children in sexual exploitation
‘When a child is concerned, no possible consent should ever be
considered valid.’
Preamble to the EU Directive on preventing and combating trafficking in human beings and protecting its victims43
Children are also being trafficked into sexual exploitation in the UK. since the Government
began attempting to record information on cases of modern slavery, hundreds of children
are known to have been forced into this form of exploitation.44 this includes children from
the UK and abroad. the abuse is simple but brutal: child victims of sexual exploitation are
lured away from safety with promises of education, employment, accommodation, attention
or love; in some cases children have even been ‘locked in a property and forced to have sex
with strangers in exchange for money’.45
the CsJ has been appalled to hear that the sexual exploitation of children has been at times
described as ‘child prostitution’. this is deeply wrong and is a misleading and archaic misnomer.
a child cannot consent to any form of sexual activity; any apparent consent will have been
illegally procured. the term ‘child prostitution’ masks the repeated rape and sexual abuse of
children, often for the commercial gain of others. It can have no place in today’s conversation
about human trafficking, modern slavery and the sexual exploitation of children and efforts
should be made, especially in the media, to eliminate its use.
British children are also being trafficked into sexual exploitation within the UK. this issue is
explored further in Chapter Four, section 4.8. their loyalty is often secured first through the
semblance of a loving relationship, making them vulnerable to the control of their abusers.this
crime, which amounts to modern slavery, demands a coordinated response from police, social
41
42
43
44
45
40
the Independent, Man ‘used witchcraft to traffick children for prostitution’, 18 september 2012
anonymous aftercare provider, in evidence to the CsJ, July 2011
paragraph 11, preamble to Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and
combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa [accessed via:
http://eur-lex.europa.eu/LexUriserv/LexUriserv.do?uri=OJ:L:2011:101:0001:0011:en:pDF (23/01/13)]
UKHtC national referral Mechanism statistics [accessed via: http://www.soca.gov.uk/about-soca/about-the-ukhtc/national-referralmechanism/statistics (06/02/13)]
Child exploitation and Online protection Centre, Child Trafficking Update, London: CeOp, October 2011, p14
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services and other agencies. Understanding this form of abuse as human trafficking can help
in the prosecution of perpetrators and can also significantly contribute to the understanding
of the victims, who are too often seen as ‘promiscuous’ or misunderstood as consenting to
the exploitation they experience.
Constance
Constance was 15 years old when her mother died in her home country in africa. after her mother’s
death, she was befriended by a neighbour who told her that she was going to be educated in the UK
and would then be given a job. In reality, he sold her to traffickers. a woman she didn’t know organised
documents for her and travelled with her to the UK. Upon her arrival she was taken to a house and was
told by a woman she had not met before that in order to repay her debt of £50,000 she would have to
sell her body for sex. she had no idea what the sum meant and initially refused to obey, but the woman
starved Constance until she had no choice. Constance was forced to work in numerous brothels and
forced to be available 24 hours a day, seven days a week. she was ‘rescued’ when the brothel she was
working in was raided by the police. she was arrested, spent the night in a police cell, was released in the
morning and told to go home. Disorientated and unsure where she was, she approached a member of
the public who directed her to an african church. the vicar and his wife allowed her to stay in the church.
she stayed there for a few weeks until she was eventually referred to a support organisation who then
referred her to the refugee Council, as she told them she was a child. Constance was initially subject to an
age dispute by the UKBa, but social services later concluded that she was a child, and took her into care.46
1.5.3 Domestic servitude
trafficking into a private household for the purpose of domestic servitude – working as a
household ‘servant’ for a family – is another manifestation of modern slavery in the UK. Whilst
there are numerous examples of legitimate domestic work in the UK, trafficking for domestic
servitude involves exploitation and unacceptable treatment of the worker. Generally not an
example of organised crime in the UK, trafficking into this form of exploitation can reflect
cultural practices in a wide range of countries; an individual is treated as a house slave, paid
little or nothing and required to work as many hours as their ‘employer’ dictates. though
culturally acceptable in some countries, this practice is completely unacceptable in the UK, and
must be identified and stopped. trafficking for domestic servitude represents a labour market
that is out of sight and predominantly beyond regulation. a lack of english language skills and,
frequently, little knowledge of their rights in the UK means that those forced into domestic
servitude in the UK can remain invisible to the public and to the police. according to recent
assessments, 222 potential victims of domestic servitude were identified 2011, though this is a
small proportion of the actual number.47 evidence to the CsJ from the Metropolitan police has
indicated that individuals keeping domestic workers in a state of modern slavery are in many
cases of the same nationality as the victim.48 recent changes to the visa rules for overseas
domestic workers have left serious questions about the safeguards available to these workers
who may be vulnerable to abuse. this issue is explored in Chapter Four, section 4.3.3.1.
46
47
48
Case study submitted by Vesna Hall, Young Women's adviser, refugee Council, in evidence to the CsJ, april 2012
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p6
police officer, Metropolitan police, in evidence to the CsJ, January 2013
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Amita
amita lived in poverty in India and left her husband and four young children behind to earn money working
for a family in Qatar. she accompanied her employers to the UK in 2009.
amita started work at 7am. she cooked, cleaned, ironed and looked after the many guests of the house.
she finished work between 10pm and 12am. However, she was on call throughout the night.
‘If the family went out and came back late, or if guests stayed over I had to serve them.’
‘I slept on a mattress in the hall, and was often woken up by people coming in and out of the house.
I did not have a single day off during the 3 years. My feet would swell up due to the lack of rest.’
after three years, one day the family threw her out with nowhere to go. When she came to Kalayaan, a
charity offering support to migrant domestic workers, she was destitute. In the three years she worked
for the family she was paid a total of £900: this equates to an average of just 82 pence per day. Kalayaan
explained her rights and that she was able to change employer. this was very important to amita.
‘I am the breadwinner for my family. If I could not have changed employers I would have had to stay
and face the abuse as I needed the money I was promised for my family. If I could not change, where
would I go?’
amita found a new employer and felt confident enough to take a legal action against her previous
employers. this was settled out of court and amita regained some of the money she was owed.49
Tom
tom was about five years old when he was taken from nigeria and forced to work at a home in Haringey
for an african woman who told him she was his aunt. tom, now 23, said:
‘I would be upstairs and my aunt would shout up to me to come downstairs. She would order me to change
the channel with the remote control which was right in front of her. Or else she would wake me up at two
in the morning to clean the house. Even if there were just two plates in the sink she would get me up. Her
husband used to beat me. He would hit me regularly. He would say my parents were dead and it was my
fault because I was evil. I don’t even know if my ‘aunt’ was a relative or not’.
tom was eventually removed from the situation and given indefinite leave to remain in the UK on his
twenty-first birthday. He went on to receive an upper second class degree in animation production from
a university.50
1.5.3.1 Children in domestic servitude
although there have been some efforts to tackle the problem of children in domestic
servitude, many agree that there has been ‘comparatively little focus on hidden children in
the UK who are exploited on a non-commercial basis in private houses’.51 Children trafficked
49
50
51
42
Case study submitted by Kalayaan, in evidence to the CsJ, October 2012
robert Mendick, Life as a slave…student reveals hidden world of trafficked children, London evening standard, 5 august 2009, in
Organisation for security and Cooperation in europe, Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic
Servitude, Vienna: OsCe, 2010, p11
Child exploitation and Online protection Centre, Hidden Children: The trafficking and exploitation of children within the home, London:
CeOp, 2011, p4
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from outside the UK for the purposes of domestic servitude are also often unaware of
their rights. Concepts such as a minimum working age or a national minimum wage are
unknown. Once in the UK, they may not be aware that they have any rights at all, and will
be completely subject to the demands of those they are staying with. the only rights a child
in domestic servitude will be aware of will be ‘those attributed through their families or
carers’.52
‘Instead of the better life and the good education promised, only a
childhood of exploitation awaits.’
Debbie Ariyo, AFRUCA53
Tabitha
tabitha was 11 years old when she was taken from her home in africa to the UK with a man she was told
was her ‘uncle’, who had promised her a good education. tabitha arrived in the UK with a false passport
claiming she was an adult, and she was allowed into the country. she was then forced to be a domestic
servant for a family in London, before being moved to different houses to work for the family’s friends.
tabitha was repeatedly subjected to violence and was also raped. she eventually escaped the situation and
travelled to a town in the north of england in search of safety. It was only then that she was taken in by a
concerned individual and put in touch with an organisation offering help to vulnerable children.54
‘added to the lack of parental care given by the exploiters, many
child victims exist in an emotional vacuum, with no love, no affection,
no attention ever demonstrated towards them by their exploiters.
the deceit, abuse and exploitation experienced at the hands of those
they expected to care for them and help them achieve a better life
result in a deep emotional and psychological scarring.’
Debbie Ariyo, AFRUCA55
In some cases it is not until the child is older and has been exploited for many years that
they come to the attention of children’s services. the 2009 report from the Children’s
Commissioner for Wales, Bordering on Concern highlighted this issue:
52
53
54
55
nspCC, Breaking the Wall of Silence: Practitioners’ responses to trafficked children and young people, Bedfordshire: University of
Bedfordshire, June 2009, p19
ariyo D, Child Domestic Slavery: A growing phenomenon in the UK, London: aFrUCa, date unknown [accessed via: www.afrucanigeria.org/
images/Child%20Domestic%20slavery.doc (16/01/13)]
Case study submitted by Vesna Hall, Young Women's adviser, refugee Council, in evidence to the CsJ, June 2012
ariyo D, Child Domestic Slavery: A growing phenomenon in the UK, London: aFrUCa, date unknown [accessed via: www.afrucanigeria.org/
images/Child%20Domestic%20slavery.doc (16/01/13)]
It Happens Here | Modern slavery in the UK
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‘A number of children have come to work as house servants and then they’ve got older
and come to our attention. But they have been there for years before anyone was aware’.56
Victims of domestic servitude often do not believe they are being exploited, since domestic
chores and beatings may have been the norm in their home country.57 It is difficult for
government and law enforcement to communicate to these vulnerable children that
levels of abuse that may be acceptable (or ignored) in other parts of the world constitute
an offence in the UK, and that they deserve protection and help. the problem remains,
however, that until these children become visible, building trust with them and encouraging
disclosure of their circumstances will be impossible. Children trafficked into domestic
servitude may be found in a house, perhaps through a visit from social services. they may
alternatively be identified through attendance at school; the CsJ has heard evidence that
children in these situations are not always kept in the house and may – if sporadically
– attend school. It is crucial that those with whom such a child may come into contact,
however briefly – including social workers, Gps and teachers – are aware of the signs of
this form of abuse and know who to contact if they have suspicions that a child may have
been trafficked in this way.
Sara
17-year-old sara does not remember her parents and is not sure if they are still alive. she remembers
working on a farm in her home country for an abusive relative from a very early age – possibly as young
as six. she was later taken in by a cousin who looked after and arranged for her to work as domestic help
for a family in the country’s capital. she lived with the family for a few years, looking after their children. at
the age of 13 or 14 the family arranged for her to travel to the UK to work for a family there. sara worked
for the family in the UK for a couple of years during which they severely physically abused her. she was
made to work 18 hours a day, sleep on the floor, eat leftovers, cook for and look after the family’s children.
she was beaten and stabbed by the family, and was on occasion made to sleep in the garden – including
during the winter. she was never allowed out of the house. One day, after an argument, sara was thrown
out and was found wet, dirty and shivering from the cold by a member of the public who contacted the
police and social services. sara’s fingerprints were matched to the visa application and passport obtained
for her by the family she worked for. the documents had a different name and different date of birth
making sara several years older. Her claimed age and story was not believed; she was subject to an age
dispute and treated as an adult by the UKBa. a charity working to support unaccompanied children from
abroad conducted a further age assessment and sara was found to be 16 years old. she is now in care
of social services.58
1.5.3.2 Private fostering
there is a long-standing tradition of children being sent from certain parts of the world to live
with ‘relatives’ or friends in the UK in order to access education, healthcare and opportunity
– this is called private fostering.
56
57
58
44
eCpat UK, Bordering on Concern: Child Trafficking in Wales, London: eCpat, March 2009, p36
Child exploitation and Online protection Centre, Hidden Children: The trafficking and exploitation of children within the home, London:
CeOp, 2011, p4
Case study by the refugee Council, in evidence to the CsJ, april 2012
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Children Act 1989 – Section 66
a private fostering arrangement under the Children act 1989 means that a child who is under the
age of 16 is cared for and provided with accommodation by someone who is not a parent, a person
with parental responsibility or a close relative. a child is only privately fostered if they have been in
the person’s care for more than 28 days.59
However, the CsJ has heard of the risk of unchecked private fostering arrangements for
children who have been trafficked, and practitioners have noted ‘the need to be cautious
about an uncritical assumption that private foster care arrangements [are] acceptable because
carers [are] part of the child’s family.’60 the CsJ has heard that in many cases, a person who
may be referred to as an ‘aunt’ or ‘uncle’ is actually of no relation to the child at all.
Children brought into the UK can be kept in private fostering arrangements, whereby the
‘fosterer’ is under no obligation to declare the arrangement for at least 28 days and, even then,
is unlikely to be approached by a local authority since the onus is on the ‘fosterer’ to inform
the local authority of the arrangement. Only a very small proportion of the estimated number
of foster placements are in fact declared to local authorities: in the year to 31 March 2012
there were 2,840 new arrangements declared in england. this equates to an average of just
8.71 known private fostering arrangements per local authority area.61 One children’s charity
has told the CsJ that there are an estimated 10–12, 000 undeclared private foster placements
in the UK, and in as many as a third of cases children may be at risk of exploitation or abuse.62
this charity shared its fears that this form of care is ‘not fostering – it’s the random looking
after of some children by some adults’.
this means that children may be brought into the UK, fostered by a person who is
unrelated to the family, and become invisible to the local authority. a visitor visa is often
used for children in private fostering arrangements in the UK; Children and Families across
Borders – an organisation working to help safeguard vulnerable children who are present
in the UK from abroad – has stated that in around 75 per cent of the cases of private
fostering they have seen, the child has an expired visitor visa.63 the Home Office keeps no
record of the number of children who are residing in the UK on expired visitor visas. In
July 2012 alone, 48,846 UK visit visas were issued to children (under the age of 18 from
countries all over the world), however the UKBa does not hold centrally any information
on the number of children within this figure who are still in the UK on expired visas.64 In
short, it is not difficult to bring a child into the UK as a visitor and keep them in the country
for an indefinite period.
59
60
61
62
63
64
section 66, Children act 1989 [accessed via: http://www.legislation.gov.uk/ukpga/1989/41/contents (11/02/13)]
nspCC, Breaking the Wall of Silence: Practitioners’ responses to trafficked children and young people, Bedfordshire: University of
Bedfordshire, June 2009, p65
Department for education, private Fostering arrangements in england: Year ending 31 March 2012, London: Department for education,
2012, p5, table 1
andy elvin, CeO of CFaB, in evidence to the CsJ, January 2013
Ibid
Freedom of Information request submitted by the CsJ to the UKBa, september 2012
It Happens Here | Modern slavery in the UK
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‘If you are looking after a child who has no long-term leave, is on
an expired visa and who you are exploiting, why on earth would
you let the authorities know about it?’
Andy Elvin, CEO of Children and Families Across Borders, in evidence to the CSJ
Whilst it is certainly not the case that every child in a private fostering arrangement has been
trafficked, the CsJ is seriously concerned about this ‘loophole’ which allows children to live
with adults who are not their parents for indefinite periods of time. although local authorities
have a statutory responsibility to identify and check private fostering arrangements, if a local
authority does not know about a private fostering arrangement, they cannot check it: ‘those
who normally protect and safeguard these children may not even know they exist – and certainly
will not know that the child has no parents in the UK.’65a proactive approach to seeking out
those who are fostering children in this way is unlikely, given the time and resource constraints
that local authorities are under.
It is therefore the CsJ’s recommendation that local authorities close this loophole by developing
more proactive identification processes for children in private fostering arrangements, through
partnerships with schools and health services. the CsJ has been told that schools in Glasgow
will take a copy of the passport and visa of any child from overseas who is being registered
at a school mid-way through the term. this information will then be passed to children’s
services duty teams, who are then able to check on the private foster placements that may
be in place. the CsJ recommends that this system be replicated in schools across the UK. this
is not to make schools take an active role in immigration concerns, but is part of their duty
to safeguard and protect potentially vulnerable children. If a school knows that a child may
be in a private fostering arrangement, this information must be communicated to children’s
services.
the CsJ also recommends that local authority responses to private fostering arrangements
in their area be included in the criteria for Ofsted inspections. this will help local authorities
to recognise their statutory responsibility to ensure that children in private fostering
arrangements are identified and, where it is necessary, are protected from harm.
Recommendations:
Local authorities should develop more proactive identification processes for children in private
fostering arrangements, through partnerships with schools and health services, based on the
model in Glasgow;
Local authority responses to private fostering arrangements should be included in the criteria
for Ofsted inspections.
65
46
Children and Families across Borders [accessed via: http://www.cfab.org.uk/fundraising/programme-areas/private-fostering/ (15/01/13)]
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1.5.4 Forced criminal activity
there is evidence of adults and children being trafficked into criminal activity in the UK such
as pickpocketing, metal theft, drug cultivation and begging. this creates the particular issue
of victims of this form of modern slavery being forced to themselves commit crimes. Law
enforcement agencies are then faced with the significant challenge of properly identifying victims
and ensuring that they access protection and support, and are not simply treated as criminals.
Josef
a 53-year-old romanian man named Josef was working as an
electrician in romania. In March 2010 he became unemployed
and was looking for work; he met and was given work by
another romanian man. Josef was badly treated and assaulted
from the outset of their working relationship. In October 2010,
Josef travelled with his employers to the UK. He was threatened
with violence by them if he did not do as they said. When he
got to the UK, Josef was taken to a house and forced to live in
the shed in the garden. this shed had no heating or lighting. He
was given no food or bedding and was forced to use a hole in
the ground as a lavatory. Josef was then forced to work for the
family, stealing and doing work around the house.
In December 2010 Josef was in the shed whilst there was a
party taking place in the house. During the party he went to
the back of the house and stood at the window to ask some
of the guests for food, but was refused. He returned to the
shed and went to sleep. a short while later he woke up to find two of the men standing over him.
they kicked and punched him repeatedly telling him he should not have asked for food, and then
made him eat his own faeces. He was then raped. Josef was later taken to hospital with serious injuries,
but the men responsible for the attack attended with him and, because Josef could speak no english,
translated only what they wanted the doctor to hear and manipulated his words. In March 2011 Josef
finally found a chance to go to the police. He was then housed at a safe location outside London. all
four perpetrators were convicted of human trafficking into the UK for exploitation under section 4
of the asylum and Immigration (treatment of Claimants) act 2004 and were sentenced to terms of
imprisonment between nine and 13 and a half years. 66
the shed that Josef was
forced to live in
1.5.4.1 Benefit fraud
a further form of trafficking into criminality is for benefit fraud. Victims are brought to the UK
with the promise of jobs, have benefits registered in their names and are then left destitute,
without jobs or homes. It is estimated by police that millions of pounds are being removed
from the UK in the form of benefits paid to individuals who do not receive any of the money,
however the Department for Work and pensions is unable to give a figure for the amount
of money procured through benefit fraud involving victims of modern slavery.67 trafficking
66
67
Metropolitan police case study, submitted in evidence to the CsJ, October 2012
Department for Work and pensions, in evidence to the CsJ, January 2013
It Happens Here | Modern slavery in the UK
47
for benefit fraud demands a coordinated response, including disruptive activity from the
Department for Work and pensions and Her Majesty’s revenue and Customs.
1.5.4.2 Children trafficked into benefit fraud
Children have also been trafficked into the UK for the purposes of benefit fraud, which can be
a lucrative form of exploitation for traffickers. Children may be trafficked into several different
households in order to make as much money as possible.
Case study: Trafficking children for benefit fraud
Four traffickers from afghanistan brought a number of children into the UK in order to exploit them
through benefit fraud and forced labour. When the local authority began to investigate the problem,
it transpired that five children under the age of 15 were used to procure four council houses, and
other properties were also being rented by the traffickers. Income support benefits were claimed for
all five children, and supplementary housing and council tax benefits were claimed at five properties.
Between £58,000 and £65,000 was paid out in benefits for these children and in housing and council
tax benefits. In this case practitioners believe that only about 20 per cent of the benefit fraud was
uncovered. traffickers had control of an identified 11 addresses in one local authority alone. a number
of further properties in other parts of the UK were also linked to the traffickers, though benefit fraud
at these properties could not be proved. It is suspected that the exploitation of further children was
taking place, however this could also not be confirmed at the time.68
evidence suggests that this exploitation often goes hand in hand with other forms of abuse
such as forced labour or forced criminal activity.69 social workers and others in children’s
services often do not recognise benefit fraud as a form of exploitation; unless the child is
subject to neglect, they may not appear to be at risk. this therefore makes it very difficult for
social workers and wider children’s services to formulate a response, highlighting a lack of
recognition of the vulnerability of such children to other forms of abuse.
‘You have to accept the limits on your powers. sometimes you
absolutely know there is something bad going on but you cannot
prove it.’
Assistant Director in a large Children’s Services department, in evidence to the CSJ
the trafficking of children for benefit fraud often reflects family links, with several children
from the same family experiencing this form of exploitation. a recent assessment has claimed
that ‘the number of children exploited for benefit fraud is therefore inflated by large numbers
of individuals from single families being trafficked into the UK’.70
68
69
70
48
Case study submitted by philip Ishola, Counter Human trafficking Bureau, in evidence to the CsJ, July 2012
CeOp, Child Trafficking Update, 2011, London: CeOp, October 2011, p10
Ibid
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1.5.4.3 Children trafficked into drug cultivation
a cannabis farm in the UK
where Vietnamese minors
were discovered
a number of children have been trafficked into the UK in order to cultivate cannabis in one
of the UK’s thousands of illegal cannabis farms. the number of cannabis farms discovered
by police in the UK has more than doubled in the last four years, with an average of
21 identified every week in 2011.71 the production of cannabis in the UK is a significant
criminal problem – the UK is now an exporter of cannabis as a result of its high levels of
cultivation – and there is evidence that children and young people, notably from Vietnam,
are being trafficked into the UK to work as ‘gardeners’ in a number of these illegal farms.72
Between 2009 and 2012, Vietnam was the most common country of origin for children
who were identified and referred to the nrM.73 Vietnamese criminal gangs and networks
are prominent in the cannabis trade in the UK and recognition of this emerging trend must
accompany any strategic response to child trafficking in the UK.74 an issue particular to this
form of trafficking is the prosecution of children for illegal activities they may commit during
the time they are being exploited; this is explored in Chapter Four, section 4.4.5.
‘We had one child who was trafficked into a cannabis farm. I assessed
her as a child. she was then placed in custody until she was taken
into a foster placement. she then went missing and was moved
around the country. she was then exploited in the sex industry
where she became pregnant. she was found again when she was
admitted to hospital having fallen ill with the pregnancy.’
Paul Hadaway, social worker, in evidence to the CSJ
71
72
73
74
association of Chief police Officers, UK National Problem Profile: Commercial Cultivation of Cannabis 2012, London: aCpO, april 2012, p3
the sunday times, Homegrown boom turns UK into cannabis exporter, 9 October 2011
UKHtC national referral Mechanism statistics [accessed via: http://www.soca.gov.uk/about-soca/about-the-ukhtc/national-referralmechanism/statistics (06/02/13)]
CeOp, The trafficking of women and children from Vietnam, London: CeOp, 2011, p25; see also the Guardian, Police ‘can’t cope’ as Vietnamese
flood drugs trade, 11 september 2005 [accessed via: http://www.guardian.co.uk/uk/2005/sep/11/ukcrime.drugsandalcohol (26 /09/12)]
It Happens Here | Modern slavery in the UK
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the safety and health risks for these children and young people are severe; exposed electric
wiring and toxic fumes create an extremely dangerous environment. Children trafficked into
forced criminality in the UK are also very vulnerable to other forms of abuse.
1.5.4.4 Children trafficked into ‘street crime’: forced begging, pickpocketing and selling illegal
products
Children are also trafficked into street crime in the UK. In many cases children can be
trafficked by their own families and sent out to beg or steal: parents will move to the UK
with their children and then force them into street crime. the CsJ has heard that children in
this situation will often think this activity is normal, having been trained and groomed for this
activity from a very young age; police have identified children who have been sent out to beg
from the age of six years old.75
‘these children are commodities – they can make a lot of money.’
Detective Sergeant Dan Wright, Metropolitan Police Safer Transport Command, in evidence to the CSJ
the crucial point is that such children are unable to consent to their own exploitation. even if
the child does not object to this activity and believes their parents are causing them no harm,
this is modern slavery and these children should not be forced onto the streets.
“there is no consent, but from their perspective they think
‘these are people I know, they are providing me with food,
accommodation and a job’. professionals can get caught out by
assuming that those children are making a choice.”
Stuart Barker, social worker at Merton social services, in evidence to the CSJ
the rights that are enjoyed by so many children in the UK must be available and applied
equally to those children who are kept away from school and denied a childhood in order to
beg and steal money on the streets of the UK. Children trafficked for street crime may also
be used for benefit fraud. this form of exploitation also leads to issues of identification for
social workers. In these cases, the exploitation may not be obvious and the fact that children
are victims may be missed, as one police officer explained to the CsJ:
‘We will go to an address with social services, and they’re clean, so in the eyes of social
services they’re not being neglected or abused. What they don’t see is that the underlying
reason they are here is to go and steal. That’s exploitation’.76
75
76
50
Detective sergeant Dan Wright, Metropolitan police safer transport Command, in evidence to the CsJ, July 2012
police officer, in evidence to the CsJ
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the CsJ has also been told of cases of children forced to sell illegal products such as DVDs.
this can be perceived by the child as a way to earn money, but in reality fosters their
exploitation and puts them at risk of arrest; the criminalisation of children is explored in
Chapter Four, section 4.4.5.
1.5.5 The removal of organs
recent reports on the forms of trafficking into the UK have included two cases of
trafficking for the removal of organs to be used in transplants.77 Given that there were no
documented cases of this in the UK when the CsJ began its review, we have not explored
this form of crime. It is, however, of great concern that there have been two cases identified
since our research commenced. the CsJ recommends a review, led by the Human tissue
authority, to be conducted into the safeguards available to prevent the forcible removal
of organs and tissue. the CsJ recommends that this is part of a wider investigation into
‘transplant tourism’ and the pressures exerted on the health service to meet the demand
for organs and tissue.
Recommendation:
The Human Tissue Authority should conduct a review to look at the safeguards available to
prevent the forcible removal of organs and tissue, in light of two recent cases of trafficking for
organ removal.
1.6 Conclusion
there is an urgent need for the UK to identify and understand the ways in which modern
slavery manifests itself, in order to eliminate it. there are many ways in which a person can
exploit and abuse another, treating them as a commodity from which to profit or gain. this
report will set out measures for tackling this gross abuse of human rights, making practical
and realistic recommendations for how this complex crime can be addressed and its victims’
lives restored and rebuilt. a wide variety of agencies and organisations must be involved: a
multi-agency approach is crucial, and is the only way to solve the growing and substantial
problem of modern slavery.
1.7 Recommendations
Police forces should develop short-term ‘crackdown and consolidation’ teams in areas which
frequently display indicators of modern slavery due to seasonal work.
77
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p16
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Local authorities should develop more proactive identification processes for children in private
fostering arrangements, through partnerships with schools and health services.
Local authority responses to private fostering arrangements should be included in the criteria
for Ofsted inspections.
The Human Tissue Authority should conduct a review to look at the safeguards available to
prevent the forcible removal of organs and tissue, in light of two recent cases of trafficking for
organ removal.
52
the Centre for social Justice
two
chapter two
effective strategic
leadership
2.1 Filling the leadership vacuum
Measures to address modern slavery and human trafficking and provide support for its
victims and survivors in the UK are the remit of numerous government departments, local
government agencies and a wide range of nGOs from across civil society. such diverse
activity requires independent oversight and coordination for it to be effective. the deep social
problem of modern slavery in the UK is characterised by a failure of leadership at the national
level, including within the political arena.
the CsJ has encountered repeated examples of the current failure of such coordination,
meaning that the utterly unacceptable impact of modern slavery on its victims is not
strategically addressed. there is, for example, an alarming ‘postcode lottery’ in the recognition
of victims of modern slavery and the quality of their care. there is also a lack of coordination
between government departments (and even within departments), and a plain lack of
cooperation between nGOs. this must change, and change on this scale requires leadership.
the eU Directive on preventing and combating trafficking in human beings and protecting
its victims expressly advocates an ‘integrated’ and ‘holistic’ approach to combatting modern
slavery which the CsJ believes can only be delivered effectively by independent, strategic
leadership in the form of an anti-slavery Commissioner.1
64 per cent of people we polled would support the appointment of one
person with sole responsibility to oversee efforts to combat modern
slavery in the UK.
CSJ/YouGov polling, November 2012
1
preamble, Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and combating trafficking
in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa
It Happens Here | effective strategic leadership
53
2.2 The current government response
the government remit for human trafficking is held by the Immigration Minister in the Home
Office. Within the Home Office also exists a Human trafficking team, under the Organised
and Financial Crime Unit (OFCU), which works to develop and implement policy. In October
2011, the Home Office established a strategic Board in an attempt to monitor the progress
of the UK’s Human trafficking strategy (published in July 2011), and compliance with
international agreements on human trafficking. this strategic Board is also designed to identify
issues and emerging risk and to feed into the Government’s Inter-Departmental Ministerial
Group on Human trafficking (IDMG).2
2.2.1 The Government's Human Trafficking Strategy
In June 2011, the British Government released its strategy to tackle human trafficking. the
strategy outlined a number of key aims, namely:
Improving international action to put a stop to trafficking in source countries;
Working at the UK border to stop trafficked people being brought into the UK;
tougher law enforcement in order to disrupt the criminal networks behind trafficking;
Improved identification of victims and better care and support for those who have been
trafficked.
It also gave significant emphasis to the development of work in source countries in order to
address the ‘supply’ issue that modern slavery and human trafficking presents.
2.2.2 The Inter-Departmental Ministerial Group on Human Trafficking
Currently, the diverse government departments which have human trafficking within their
remit meet in the Inter-Departmental Group on Human trafficking (IDMG). this group was
reconvened by the Coalition Government in 2010, having been first convened in 2005.3
this group also claims to fulfil the role of ‘national rapporteur’ as required by article 19 of
the eU Directive, which requires that member states establish either this or an ‘equivalent
mechanism’ responsible for monitoring the anti-trafficking activities of state institutions.4
this was intended to ensure that anti-trafficking actions could be measured, and statistics
gathered.5
2
3
4
5
54
the activity of the Home Office and the OFCU team is closely detailed in Inter-Departmental Ministerial Group on Human trafficking,
The first report of the Inter-Departmental Ministerial Group on Human Trafficking, London: Home Office, October 2012 [accessed via: http://
www.homeoffice.gov.uk/publications/crime/human-trafficking-report?view=Binary (08/11/12)]
Group of experts on action against trafficking in Human Beings, Report concerning the implementation of the Council of Europe
Convention on Action against Trafficking in Human Beings by the United Kingdom, First evaluation round, strasbourg: Greta, september
2012, p17
article 19, Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and combating
trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa
Ibid
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two
2.2.2.1 The IDMG report
the IDMG published its first report in October 2012.6 though this was a helpful exercise in
gathering the relevant information into one place, it contains a disappointing lack of self-reflection
and strategic as well as operational recommendations and targets. the report makes just three
recommendations, with very little detail as to how they are to be achieved and implemented:
training and awareness-raising for frontline professionals;
Coordination of prevention activities;
Better capture of data.
During a Westminster Hall debate on the IDMG report, consensus from Mps from across
parties was that, whilst useful in putting all available material into one place, the report
contains insufficient insight to be effective: ‘If we look at the chief inspectors of prisons and
of schools… we can see that we have pioneered independent reporting mechanisms. Yet the
[IDMG] is not one of those, and the report is weaker for that, because it does not have a
comprehensive picture of all that could be or is being done’.7
2.2.2.2 Limitations of the IDMG
Despite having considerable potential, the IDMG has a number of significant limitations. the
IDMG suffers from a great deal of membership churn. the individuals represented on the
group will alter with each change of Government or each reshuffle, risking the repeated loss
of understanding and strategic direction. this is not the case elsewhere; the current national
rapporteur in the netherlands, for example, has been in post for six years. In contrast, there
have already been two Chairs of the IDMG since the 2010 general election alone.8
‘there is all the difference in the world between a group of ministers
occasionally coming together to debate a topic of the day, and having
a person with a small number of staff and the responsibility to drive
the policy.’
9
Rt Hon Frank Field, MP for Birkenhead
the CsJ is also concerned that this group, being made up of Ministers and civil servants for
whom human trafficking represents a small part of their portfolio, does not have capacity to
provide the necessary gravitas in leadership required. the IDMG does not include or engage
dedicated individuals whose sole priority and responsibility is to monitor proactively the issue,
initiate critical reflection and drive change.
6
7
8
9
Inter-Departmental Ministerial Group on Human trafficking, First Annual Report of the Inter-Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012 [accessed via: http://www.official-documents.gov.uk/document/cm84/8421/8421.pdf
(01/11/12)]
Hansard, Fiona Mactaggart Mp, Westminster Hall debate, 20 December 2012 [accessed via: http://www.publications.parliament.uk/pa/
cm201213/cmhansrd/cm121220/halltext/121220h0001.htm (17/02/13)]
Hansard, Written answers and statements, 7 January 2013 [accessed via: http://www.publications.parliament.uk/pa/cm201213/cmhansrd/
cm130107/text/130107w0005.htm#13010716000198 (17/02/13)]
Hansard, rt Hon Frank Field Mp, Westminster Hall debate, 20 December 2012 [accessed via: http://www.publications.parliament.uk/pa/
cm201213/cmhansrd/cm121220/halltext/121220h0001.htm (17/02/13)]
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Objections have also been raised over the levels of attendance at IDMG meetings: attendance
has been poor since the IDMG was reconvened by the Coalition Government.10 During one
IDMG meeting in april 2012, there were eight attendees and seven apologies.11 Furthermore,
the lack of participation from ‘relevant civil society organisations’ – nGOs working to tackle
modern slavery – represents not only an absence of trust in the IDMG (anecdotally connected
to the lack of political independence) but also a failure to elicit sustained engagement from
those groups that are fulfilling a significant element of Government strategy. as peter Bone
Mp explained in a Westminster Hall debate: ‘an independent rapporteur might also be more
approachable by non-governmental organisations that might be sceptical of a Governmentled organisation, which would lead to greater data sharing and a better picture of the real
number of trafficking victims’.12
‘Just imagine what it would be like if there were a ministerial
group working with and supporting a rapporteur, advancing their
interests and backing them when they are in difficulties. Might that
not begin to match the issue we face?’
13
Rt Hon Frank Field, MP for Birkenhead
Finally, the IDMG does not have adequate data upon which to carry out its mandate to assess
trends, measure results and provide meaningful reports (wider issues of data and information
are dealt with in Chapter three). as such, the IDMG does not, and indeed cannot, fulfil the
role of ‘national rapporteur or equivalent mechanism’ as required by the eU Directive. Its
inability to provide an independent review of Government strategy and its failure to work in
close cooperation with relevant civil society organisations represent significant obstacles in
the monitoring and improvement of anti-trafficking efforts in the UK.14, 15
Crucially, the IDMG is not politically independent. though the eU Directive does not
specifically require this, it is clear that members of the IDMG are subject to substantial political
pressure and are unable to report without political bias. the Group is therefore not at liberty
to launch inquiries into areas of concern that may be politically awkward or difficult. It is thus
unable to be self-critical to any degree.
10
11
12
13
14
15
56
see, for example: the anti-trafficking Monitoring Group, All Change: Preventing Trafficking in the UK, London: anti-slavery International,
april 2012, p40; and Hansard, Westminster Hall debate, 20 December [accessed via: http://www.publications.parliament.uk/pa/
cm201213/cmhansrd/cm121220/halltext/121220h0001.htm (17/02/13)]
Hansard, Written answers and statements, 11 June 2012 [accessed via: http://www.publications.parliament.uk/pa/cm201213/cmhansrd/
cm120611/text/120611w0003.htm#12061210000031 (17/02/13)]
Hansard, peter Bone Mp, Westminster Hall debate, 20 December 2012 [accessed via: http://www.publications.parliament.uk/pa/
cm201213/cmhansrd/cm121220/halltext/121220h0001.htm (17/02/13)]
Hansard, rt Hon Frank Field Mp, Westminster Hall debate, 20 December 2012 [accessed via: http://www.publications.parliament.uk/pa/
cm201213/cmhansrd/cm121220/halltext/121220h0001.htm (17/02/13)]
Group of experts on action against trafficking in Human Beings, Report concerning the implementation of the Council of Europe Convention
on Action against Trafficking in Human Beings by the United Kingdom, First evaluation round, strasbourg: Greta, september 2012, p32
article 19, Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and combating
trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa
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It is important that the IDMG continues its work as a point of coordination of the Government’s
response to modern slavery. However, given that it is not possible for the IDMG to become
actively politically neutral, the CsJ recommends that, as a counter-balance to the IDMG, there is
politically independent analysis available to the Government in the form of a ‘critical friend’. this
function would be best served in the form of an anti-slavery Commissioner.
2.3 International provisions for a national rapporteur or equivalent
mechanism
there are a number of provisions outlined in a range of international agreements for a national
rapporteur or an equivalent mechanism, reflecting the internationally perceived value in the ability to
report to government and to help drive change.
The Hague Ministerial Declaration on European guidelines for effective measures to prevent and
combat trafficking in women for the purpose of sexual exploitation, April 1997 recommended that
a national rapporteur is appointed for each state:
provide or explore the possibilities for the appointment of national rapporteurs, who report to
governments on the scale, the prevention and combating of trafficking in women.
Develop criteria for reporting on the scale, nature and mechanisms of trafficking in women and
the effectiveness of policies and measures concerning this phenomena.
encourage the cooperation of national rapporteurs on a regular basis.16
The UN General Assembly Resolution A/RES/59/166 of 10 February 2005:
also invites Governments to consider setting up or strengthening a national coordinating mechanism,
for example, a national rapporteur or an inter-agency body, with the participation of civil society,
including non-governmental organisations, to encourage the exchange of information and to report
on data, root causes, factors and trends in violence against women, in particular trafficking.17
Article 29 of the Council of Europe Convention on Action against Trafficking in Human Beings states that:
each party shall consider appointing national rapporteurs or other mechanisms for monitoring the anti-
trafficking activities of state institutions and the implementation of national legislation requirements.18
Article 19 of the European Directive on preventing and combating trafficking in human beings and
protecting its victims requires that:
Member states shall take the necessary measures to establish national rapporteurs or equivalent
mechanisms. the tasks of such mechanisms shall include the carrying out of assessments of trends in
trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of
statistics in close cooperation with relevant civil society organisations active in this field, and reporting. 19
16
17
18
19
the Hague Ministerial Declaration on european guidelines for effective measures to prevent and combat trafficking in women for the
purpose of sexual exploitation, april 1997 [accessed via: http://legislationline.org/documents/action/popup/id/8747 (09/01/13)]
Un General assembly resolution a/res/59/166, Trafficking in women and girls, 10 February 2005, [accessed via: http://www.un.org/ga/
search/view_doc.asp?symbol=a/res/59/166&Lang=e (09/01/13)]
Council of europe Convention on action against trafficking in Human Beings, 2005 [accessed via: http://conventions .coe.int/treaty/en/
treaties/Html/197.htm (09/01/13)]
Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and combating trafficking in human beings
and protecting its victims [accessed via: http://eurlex.europa.eu/LexUrise rv/LexUriserv.do?uri=OJ:L:2011:101:0001:0011:en:pDF (09/01/13)]
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2.4 Non-Governmental Organisations
the CsJ has, throughout its evidence gathering, recognised the commitment and the crucial role of
non-Governmental Organisations (nGOs) working in the area of modern slavery. engagement
with the nGO sector by government, statutory authorities and business is essential in developing
a strong national response to this problem; a number of nGOs sit on cross-government groups
to inform discussions. therefore, any analysis of UK strategy must include reference to the nGO
sector and address its strengths and weaknesses. a number of nGOs exist to raise awareness and
promote events, conduct research and contribute to policy developments through campaigning
and lobbying for change.there are also nGOs who provide safe accommodation and support for
survivors. some nGOs are formally recognised as First responders for the nrM and contribute
to the process of identification of victims, before their referral to relevant support organisations.20
some of these receive public funding in order to provide dedicated support to victims.
Human trafficking and modern slavery is viewed by different nGOs and lobby groups through
the lens of differing social and political concerns and priorities, giving rise to a range of
agendas.21 For example, some nGOs place the issue high on their agenda because they view
it as central to and responsible for the increasing globalisation of female sexual exploitation.
Other nGOs are activists on a broader range of human rights and child rights abuses and
engage in the specific political and media interest in human trafficking and modern slavery
as a part of these wider remits. some labour organisations use the problem to campaign
against abusive working conditions, arguing for example that restrictive migration policies
fuel markets for the trafficking of migrants. resources and media attention are increasingly
available to those working on issues of human trafficking and modern slavery, and this can
provide nGOs with a financial incentive to develop programmes and initiatives in this area;
‘human trafficking’ thus becomes a vehicle for pursuing their more general agendas.
the CsJ has heard evidence from nGOs, government, police and local authorities, that
rather than this rapid proliferation of nGOs being a dynamic and positive force, it is at times
detrimental to progress. Despite the significant numbers of nGOs working in the field, there
remains a lack of coordination and collaboration and at times an unwillingness to share
intelligence, information and resources, both between nGOs themselves and with other
statutory authorities. this is often due to a lack of trust between agencies, and a need for
more open information-sharing practices.
these factors can too frequently manifest themselves as a culture of conflict. the CsJ is
concerned that the current atmosphere, which often denies nGOs the benefits of greater
collaboration, adversely impacts on the positive development of work to support the
UK’s response to modern slavery and human trafficking, a sentiment which was shared by
numerous nGOs themselves in evidence.
the CsJ recognises the need to encourage a more productive and collaborative environment
between nGOs, law enforcement and government officials in this sector. Our evidence from
20
21
58
nGO First responders include: the poppy project; tara project (scotland); Migrant Help; Kalayaan; Unseen; Barnardo’s; the salvation army
anderson B and O’Connell J, Trafficking: A demand-led problem?, A multi-country pilot study, stockholm: save the Children, 2002
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nGOs suggests that the key to achieving this is found in providing an independent and
credible forum through which they can interact. this will engender greater trust, cooperation
and collaboration. the CsJ has heard that the current lack of motivation to engage in such
collaboration is born out of a belief that such engagement will not lead to any meaningful
benefit. For reasons such as these the Government’s IDMG group lacks buy-in and support
from a significant proportion of the nGOs working in this sector. the CsJ is convinced
that these problems would be alleviated by the independent, effective strategic leadership
that an anti-slavery Commissioner would provide. the effects of greater cooperation and
collaboration will directly improve the UK’s response to modern slavery.
2.5 Proposal for an Anti-Slavery Commissioner
the Home Office is forced to attempt to coordinate its own activity and that of a whole host of
government departments.22 this leads to slow progression and a risk that when key civil servants
or officials move on – an inevitable reality – progress on tackling the problem is further hindered.
Given this complexity and stagnation, the appointment of an anti-slavery Commissioner will
mark a significant step forward by providing continuity of expertise and independent advice.
there is significant need in the UK for the appointment of a single individual to oversee efforts
to fight modern slavery in the UK, in light of the disparate national response of which the
CsJ has heard. this response will be unpacked in subsequent chapters, but some of the most
pressing problems which an anti-slavery Commissioner could monitor and ameliorate include:
policing modern slavery across the country sees a patchy response, largely determined by
the awareness of individuals in the force rather than sustainable structure;
Locally-based aftercare providers for survivors of modern slavery take a variety of
unmonitored approaches to care and resettlement support, the provision of which is
largely dependent on variable local partnerships;
Child victims of modern slavery are given a complete range of help and support,
depending upon the awareness of individual children’s services professionals, the availability
of appropriate and safe accommodation or the presence of supportive nGOs in the area;
Government implementation of policy developments on modern slavery is dictated by
basic compliance with the eU Directive, with no independent monitoring of regional
variations in activity.
Recommendation:
The Government should establish an Anti-Slavery Commissioner. This position should work
independently from but in partnership with government departments, encourage engagement
and the sharing of information with NGOs and communicate the UK’s stance on fighting
modern slavery at a European and international level.
22
the departments are: the Department of Health, the Foreign and Commonwealth Office, the Department for education, the Ministry
of Justice, the Department for Work and pensions, the Department for Communities and Local Government, the Department for
International Development, Her Majesty’s revenue and Customs and the attorney General’s Office.
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the anti-slavery Commissioner would offer stability from government to government. It
would be free from political influence and able to draw in key agencies and organisations
to gather information. Where responsibility for modern slavery currently falls across several
departments, the anti-slavery Commissioner would offer independent oversight across the
whole of the UK’s government and non-government response to modern slavery, helping to
improve its strategic coherence and continuity.
In order to ensure that the experiences of victims and survivors help shape policy, the
Commissioner should enable the voices of those who have been trafficked into and within
the UK to be heard and heeded. this role should thus be modelled, in some part, on the
position of the Children’s Commissioner which is statutorily obliged to promote awareness of
and give voice to the interests of children in the UK.the anti-slavery Commissioner would do
the same: representing the best interests and concerns of the vulnerable victims of modern
slavery in the UK; enabling their experiences to be heard and learnt from; and helping the
Government to provide a response that is proportionate, appropriate and effective. Further,
the anti-slavery Commissioner should not be a political appointment; it should publish any
findings without regard to the political implications.
2.5.1 The Children’s Commissioner: a blueprint
the Office of the Children’s Commissioner (OCC) was established under the Children
act 2004. It has a statutory duty to promote awareness of the views and interests of
children and young people in england.23 the Children’s Commissioner has a UK-wide
responsibility for non-devolved issues that affect children and young people. the Office
of the Children’s Commissioner is administered as a non-departmental public body
(nDpB) and is sponsored by the Department for education. the budget is set by the
secretary of state for education; in 2011–12 the annual budget reduced from £3 million
to £2,674,632.24 this total resource allocation equates to 23 pence per year for every
child and young person in england.25 responsibilities of the Children’s Commissioner and
the Department for education are set out in a framework agreement which supports the
work of both organisations and ensures the Children’s Commissioner’s independence and
value for money.
precedent for the independent monitoring of Government activity can also be seen in the
Office for Budget responsibility (OBr). the OBr was established in 2010 to bring improved
accountability and clarity to the UK’s public finances. this independent oversight body is
designed to hold the Government to account on its progress towards fiscal targets, and to
scrutinise and challenge the decisions of the treasury.
23
24
25
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Children and young people are defined as aged 0–18 (or up to 21 for young people in care or with learning difficulties)
the Office of the Children’s Commissioner, Annual Report and Financial Statements for 2011–2012, London: the Office of the Children’s
Commissioner, July 2012, p23
Ibid
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2.5.2 International examples
The Netherlands
the Bureau of the national rapporteur on trafficking in Human Beings was established in the
netherlands in april 2000.26 Its mandate is to gather and disseminate information in order to
highlight problems and offer solutions to the problem of human trafficking and modern slavery.
the rapporteur reports annually to the Government, with information on legislation, criminal
investigations, prosecutions, victim support and prevention efforts. police and the prosecution
office, under the authority of the Minister for security and Justice, are required to give
information to the rapporteur. the national rapporteur has three data experts who analyse
and refine data.27
‘people see that we have an independent position. We don’t have to
hold back, we don’t have to follow orders and we are not politically
influenced or biased by what we do. It gives you a very strong
position.’
Maarten Abelman, Head of the Bureau of the Dutch National Rapporteur, in evidence to the CSJ
During its visit to the Bureau of the Dutch national rapporteur in the Hague, the CsJ
discussed the crucial need for independence. Independence from government allows the
national rapporteur to take a position without concern for the political implications,
publishing research that may not be politically palatable and highlighting the responsibility
of different government departments in countering human trafficking and modern slavery.
the national rapporteur also functions as an intermediary between the Government and
other political parties. It encourages engagement from Mps, and does not voice the ideas or
opinions of any one political party. since the national rapporteur was established in 2000,
it has made 200 recommendations as a result of its research and monitoring. 160 of these
have been adopted.28
‘You’re not gone once the Government has gone, like in the
UK where they are all Ministers who change when the
Government changes. We stay, and we maintain continuity
and build trust.’
Maarten Abelman, Head of the Bureau of the Dutch National Rapporteur, in evidence to the CSJ
26
27
28
Website of the Bureau of the national rapporteur on trafficking in Human Beings, [accessed via: http://english.bnrm.nl/about/
(26/11/12)]
M abelman, Head of Bureau, in evidence to the CsJ, november 2012
Ibid
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the CsJ visits the Bureau
of the Dutch national
rapporteur
The Dutch National Rapporteur: example of impact
the national rapporteur recently completed a report addressing the awareness and response of judges
in cases of human trafficking. It found that many judges weren’t aware of the specifics of the different
elements of the Dutch legal definition of human trafficking. In several cases, judges were involved in just
one case of human trafficking per year, and expertise was distinctly lacking. the national rapporteur’s
investigation into this issue gave the Minister for security and Justice an independent level of insight into
an issue which, politically, would have been difficult for him to look into himself.
‘If you had asked the Minister for Security and Justice if we should do this research or not … I don’t
know that he would have done it.’
Maarten Abelman, Head of the Bureau of the Dutch National Rapporteur, in evidence to the CSJ
the national rapporteur recommended specialist training for judges. this recommendation was
taken up, and there will now be specialised judges on human trafficking in the netherlands. the Head
of Bureau for the Dutch national rapporteur said: ‘this report was about presenting judges with a
mirror…‘We didn’t want to attack the judges, we wanted to show them what is happening and what
the difficulties are when dealing with human trafficking cases’.29
the national rapporteur has also been able to identify discrepancies in sentencing, demonstrating
that, though recent policy developments have increased sentences for human trafficking, in reality the
sentences being handed down are decreasing in length.
the importance of continuity also became apparent during the CsJ’s visit; the current
national rapporteur – Corinne Dettmeijer-Vermeulen – has brought consistent oversight to
the problem for six years.
a further significant benefit to the role of the Dutch national rapporteur is its ability to
coordinate and communicate with other equivalent mechanisms in countries such as Finland
and Belgium, where individuals have also been appointed. this allows coordination at an
international level; a key element in countering human trafficking and modern slavery.
29
62
Maarten abelman, Head of the Bureau of the Dutch national rapporteur, in evidence to the CsJ, november 2012
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‘they can see what you do, and we can see what they do…
It’s important that you have that network and that you provide
each other with information.’
Maarten Abelman, Head of the Bureau of the Dutch National Rapporteur, in evidence to the CSJ
all funding for the Dutch national rapporteur comes from the Finance, Interior, security and
Justice, Healthcare and social security Departments, it receives no funding from the eU. the
Bureau of the national rapporteur employs a total staff of 15. this is to cover the remit of
human trafficking and sexual violence against children. the national rapporteur is part of the
Dutch taskforce on human trafficking, along with the head of the prosecutions office, and a
number of judges. representatives of the biggest cities in the netherlands are also part of
this group. It is a forum for information sharing and discussions about obstacles to an effective
response.
The United States
In May 2009, ambassador Luis C.deBaca was appointed by president Obama to coordinate
Us government activities in the global fight against contemporary forms of slavery. He serves
as senior advisor to the secretary and directs the state Department’s Office to Monitor and
Combat trafficking in persons, which assesses global trends and provides training and technical
assistance. this office is statutorily mandated to coordinate Us government activities in the
global fight against contemporary forms of slavery.30
section 105 of the trafficking Victims protection act 2000 provided for the appointment of
an ambassador through the creation of the anti-trafficking task Force.31 the task Force is
focused on measuring and evaluating the progress of the United states and other countries
on the topics of prevention, protection, assistance and prosecution. It was also designed to
collect data. It addresses issues of demand, and aims to develop cooperation among countries
of origin, transit and destination. reintegration is also a focus of the task Force.
the ambassador publishes an annual report into the efforts made by countries across
the globe to tackle modern slavery. this trafficking in persons (tIp) report ranks countries
according to the measures that they have in place to prosecute perpetrators, protect victims
and prevent situations of modern slavery from occurring. For countries which fail to improve
their ranking, sanctions to foreign assistance from the Us may be applied.32
rapporteurs, or variations, also exist in countries such as sweden (within the national Criminal
police), the Czech republic (within the Ministry of the Interior), austria (as head of the task
Force on human trafficking) and Belgium (as part of the Centre for equal Opportunities and
Opposition to racism).33
30
31
32
33
trafficking in persons (tIp) Office website [accessed via: http://www.state.gov/j/tip/about/index.htm (27/12/12)]
section 105, trafficking Victims protection act 2000 [accessed via: http://www.state.gov/j/tip/laws/61124.htm (10/12/12)]
tIp Office website, Penalties for Tier Three countries [accessed via: http://www.state.gov/j/tip/rls/tiprpt/2012/192352.htm (17/02/13)]
the anti-trafficking Monitoring Group, All Change: Preventing trafficking in the UK, anti-slavery International: London, april 2012, p93
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2.5.3 What would an Anti-Slavery Commissioner do?
roles:
Coordinate the gathering of information from across Government, statutory and other
sectors, particularly ensuring that data from outside of the nrM is captured;
present an annual report of findings to parliament, which would be debated;
Work in partnership with and hold to account the IDMG, helping to coordinate department
activity across government;
Coordinate and encourage transparency amongst the voluntary sector;
require independent inspections, for example requesting that Her Majesty’s Inspectorate
of Constabulary to inspect a particular police force’s ability to respond to human trafficking
and modern slavery (see Chapter Five, section 5.2.2);
promote the views of modern slavery victims to government and statutory agencies such
as the police, and ensure their best interests are met;
Monitor the implementation of national legislation;
Independently oversee national referral Mechanism decisions;
ensure complete compliance with the eU Directive which requires a national monitoring
system;
Launch independent inquiries (without the permission of secretaries of state);
Identify and ameliorate tensions that are hindering coordination, including funding
competition and communication barriers among nGOs;
Work to ensure that modern slavery is not viewed primarily as an immigration issue.
the anti-slavery Commissioner should be a statutory position, written into legislation, with
an obligation to represent the best interests of victims of modern slavery. at present, there
is no formal or sustainable way for the experience and opinions of victims to be collected.
the CsJ calls for a new Modern slavery act to bring coordination and clarity to the response
to this national problem. this is discussed in full in Chapter Five, section 5.7. the role of the
anti-slavery Commissioner should be outlined under this act, giving it a statutory duty to
promote the views and interests of victims of modern slavery.
2.5.4 A Commissioner with influence
Working with the voluntary sector
the CsJ believes it is essential for the anti-slavery Commissioner to engage with nGOs
working in the area of anti-trafficking. It should act as a helpful intermediary between
government and the voluntary sector, facilitating coordination. the anti-slavery Commissioner
should also encourage transparency in the work of nGOs and offer a forum for the sharing
of information. there is much good work amongst nGOs in this sector, however the CsJ
has heard reports of some damaging territorialism that serves to hinder a coordinated
response on the ground. the anti-slavery Commissioner should also serve as a central hub
of information on the activity of anti-trafficking nGOs working in this field. the anti-slavery
Commissioner should be given a mandate to collate information on the different approaches
to survivor care, awareness-raising and training of the myriad of organisations working in the
sector, and to bring a new level of transparency and inclusion. In doing so the Commissioner
64
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would become the repository of best practice. In time it may be appropriate for the
Commissioner to take on a more active role in monitoring and even accrediting nGOs
working in this field. this work would build on the resources recently made available by the
Home Office to ‘fund awareness-raising activities for front-line professionals to standardise key
anti-trafficking messages and assist them in identifying potential victims of modern slavery’.34
The National Referral Mechanism
the anti-slavery Commissioner should maintain independent oversight of the decisions of
Competent authorities in the nrM.35 It should also help to overcome the current conflict
of interests that comes with the Home Office attempting to monitor its own mechanism.36
International accountability
there is a significant need for a network of national reference points to be developed at
a european and global level in order to improve information sharing. at present, the UK
presents a confusing picture on the international stage. Other equivalent roles have registered
concerns that there is no nationally accountable individual for them to communicate with
in the UK, specifically on issues of modern slavery. the UK must, as the prime Minister has
asserted, become a ‘world leader’ in the fight against modern slavery, and cease to lag behind
other nations who have recognised the need for an independent national figure to harness
efforts to tackle the crime.37
Holding source countries to account
the source countries for victims of modern slavery fluctuate according to varying international
and geo-political factors. However, there remain some countries which are consistently at the
top of the list. the anti-slavery Commissioner should work with the Government to explore
ring-fencing international financial assistance to top source countries in order to ensure that
a portion of assistance is committed to developing safeguards against human trafficking and
modern slavery, and is also used to support survivors who are returning to their country of
origin. returns are explored in Chapter six, section 6.10. recognising the need for the worstoffending countries to engage with the problem of modern slavery is crucial if the UK is to
tackle the root cause of the problem. the anti-slavery Commissioner should press these
countries to bring in reforms to reduce modern slavery. sanctions should also be considered
for countries which persistently feature as source countries for victims, in the event that ring
fencing is not effective.
Holding government to account
Like the Children’s Commissioner, the anti-slavery Commissioner should have statutory
authority to request information and conduct unannounced visits. this approach has already
yielded results for the Children’s Commissioner who, using their statutory powers, exposed
the damaging ‘Gentleman’s agreement’ at Dover port, which shockingly allowed UKBa
34
35
36
37
Home Office, information letter for funding for awareness-raising activities, submitted by Kalayaan in evidence to the CsJ, December 2012
Current Competent authorities are the UK Human trafficking Centre and the UK Border agency; both are given the authority to make
decisions over whether or not a person is a victim of human trafficking and in need of support. Competent authorities and the national
referral Mechanism are discussed in Chapter three
see section 3.6 in Chapter three
the Independent, UK signs trafficking directive after 10-month delay, 27 March 2011 [accessed via: http://www.independent.co.uk/news/uk/
crime/uk-signs-trafficking-directive-after-10month-delay-2254137.html (06/02/13)]
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officers to send children back to France or Belgium before they had claimed asylum, been risk
assessed or even been referred to social services or the nrM, under an agreement between
the three countries. the Children’s Commissioner called for the immediate cessation of this
practice, and it was stopped.38
Future remit
as is the case for the Children’s Commissioner for england, the anti-slavery Commissioner
should be subject to an independent review – the CsJ recommends that this be conducted
two years after it is established – to ensure that it is adding value.39 additional elements of the
anti-slavery Commissioner’s role which could be considered in the future, after the position
has been assessed, may include the accreditation of nGOs, the hosting of a national hotline,
and a role in monitoring minimum standards of aftercare and reintegration for aftercare
providers.
2.6 Recommendations
An Anti-Slavery Commissioner should be established to develop independent monitoring and
reporting on the UK’s response to modern slavery.
Effective coordination should be developed between the IDMG and the Anti-Slavery
Commissioner.
More effective information and intelligence sharing should be established within the NGO
sector, through encouraging engagement with the independent Anti-Slavery Commissioner.
The Anti-Slavery Commissioner should work with the Government to develop ring fencing or
sanctions on international financial assistance to countries which are persistently top source
countries for victims of modern slavery.
An independent review of the Anti-Slavery Commissioner should be conducted after it is
established, to ensure that it is adding value.
38
39
66
Office of the Children’s Commissioner, Landing in Dover: The immigration process undergone by unaccompanied children arriving in Kent,
London: Office of the Children’s Commissioner, January 2012, p8
Dunford J, Review of the Office of the Children’s Commissioner (England), London: Department for education, December 2010
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chapter three
Building a clearer
picture: enhancing
the national referral
Mechanism
3.1 Introduction
During the course of its evidence gathering, the CsJ has been shocked at the number and
range of people and organisations to register serious concerns about the lack of effective
data and information available on modern slavery in the UK. the national referral Mechanism
(nrM) is often used as a point of reference when talking about the size and shape of the
problem, but the figures and information produced by the nrM do not paint an accurate
picture. More effective gathering of data is crucial if the UK is to develop an effective,
proportionate response to modern slavery.
3.2 The National Referral Mechanism
the nrM was established in the UK in 2009, in response to the Council of europe
Convention, to provide a mechanism for potential victims of human trafficking to access
appropriate services and support.1 the creation of the nrM marked a significant step
forward in the UK’s response to modern slavery, providing a formalised procedure to offer
support for victims where previously there had been none. the Government’s Human
trafficking strategy cites the importance of the nrM in facilitating information sharing.2
Other international agencies have also highlighted the significance of the nrM in building a
1
2
Council of europe Convention on action against trafficking in Human Beings, 2005 [accessed via: http://conventions.coe.int/treaty/en/
treaties/Html/197.htm (09/01/13)]
Home Office, Human Trafficking: The Government’s Strategy, London: Home Office, July 2011, p9
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
67
clearer picture of the problem and developing the response to it: ‘part of the overall goal of
a nrM is to bring about a change in perspective in how to deal with human trafficking, so
that it is considered not only as a problem of criminality but as a grave abuse of the human
rights of victims’.3
3.2.1 The functions of the NRM
the nrM is a gateway to state provision of aftercare services. It is therefore currently
restricted to those individuals who wish to seek such assistance; for adults, a referral to the
nrM is voluntary.4 evidence provided to the CsJ suggests that many people do not want to
engage with the nrM. they may instead wish to return straight to their country of origin,
or may be fearful of authority and will not engage with the nrM for this reason. these and
additional factors are explored in more detail below.
For those that do agree to a referral, the nrM process has three main stages:
1. a person who has been identified as possibly trafficked – perhaps by the police, social
services, an nGO or the UK Border agency (UKBa) – is referred by a First responder to
the UK Human trafficking Centre (UKHtC). the UKHtC then determines which of the
two nrM Competent authorities should make the decision – either the UKHtC itself or
the UKBa – and will forward the case to the relevant Competent authority.5
2. Once the Competent authority receives the referral form, they may take up to five days
to make a ‘reasonable Grounds’ decision. the Competent authority must decide during
this time if they ‘suspect but cannot prove’ that the person has been trafficked.6 this is
not the final decision on whether the person is a victim of trafficking. If the Competent
authority decides to make a positive ‘reasonable Grounds’ decision, the person is given
a 45-day ‘reflection period’. this time is given so that the individual can begin to recover
and consider what to do next. During this 45-day period, accommodation and support
is offered.
3. Finally, a ‘Conclusive Grounds’ decision is made, which is the final decision on whether or
not the individual has been trafficked. the Competent authority will inform the person of
their decision in writing. If the ‘Conclusive Grounds’ decision is positive – if it is decided
that the person has been trafficked – the individual’s next course of action will depend
on their nationality, their immigration status and whether they are helping police with any
investigations into their perpetrators.
3
4
5
6
68
Office for security and Cooperation in europe, National Referral Mechanisms: Joining efforts to protect the rights of trafficked persons, a
practical handbook, Warsaw: OsCe, 2004, p17
a child’s consent is not required for a referral to the nrM to be made.
nrM referral forms for adults and children can be accessed on the UKHtC website [accessed via: http://www.soca.gov.uk/about-so ca/
about-the-ukhtc/national-referral-mechanism (10/01/12)]
UK Border agency, Victims of Trafficking: Guidance for frontline staff [accessed via: http://www.ukba.homeoffice.gov.uk/sitecontent/
documents/policyandlaw/modernised/cross-cut/protecting-vulnerable/04-victimstrafficking?view=Binary (13/09/11)]
the Centre for social Justice
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3.2.2 The NRM process
Initial referral from a First Responder
NO
Reasonable Grounds decision (within
five days) (UKHTC or UKBA)
Normal immigration/law enforcement
procedures continue if relevant
YES
45-day Reflection Period
Conclusion Grounds decision (UKHTC
or UKBA – within 45 days)
NO
Normal immigration/law enforcement
procedures continue if relevant OR
Judicial Review requested
YES
Outcome will vary
Possible one-year
Residence Permit
if helping with
police investigation
or under special
circumstances
Asylum claim
(if claim not
already made)
Return to country
of origin, possibly
with reintegration
assistance
If no immigration
issue, remain
in the UK if
preferred
3.2.3 How well does the NRM work?
after almost four years in operation, there are clear lessons to be learned from the nrM’s
performance to date. the nrM needs significant development in order to vastly increase
its use and improve its value in enhancing current knowledge on this crime. In addition to
better meeting the purpose for which it was established – that is allowing victims access to
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
69
support services – the CsJ recommends that the nrM should be developed to become a
better central hub of information and intelligence. Until now this has been a crucial missed
opportunity.
‘a nrM should not be a static structure but…be continually
improved through monitoring and suggestions from all participants,
including, of course, the victims themselves.’7
statistics produced by the nrM are not reflective of the scope of victims in the UK; the real
number is much higher.8 there is therefore a significant risk that government responses to
the problem are proportionate only to the relatively small number of cases that have been
identified and referred to the nrM.
the CsJ has received a significant amount of anecdotal information highlighting a number of
victims who are missing from the nrM figures:
a charity working with vulnerable people from outside of the eU estimates that, of the
individuals they meet during their support work and drop-in sessions showing indicators
of modern slavery, 33 per cent had not been referred to the nrM, despite engaging with
agencies that should know about it.9
researchers addressing the problem of migrant women in prisons and detention centres
found that of the 43 women interviewed who were identified by the researchers as
possible victims of modern slavery, 74 per cent were not processed through the nrM.10
For many of these individuals, disclosures about modern slavery ‘had not been identified
as such within the criminal justice system’.11 again, these women would have been in
contact with the UKBa and other agencies who have a responsibility to make referrals
to the nrM.
the nrM should serve a dual function: to ensure access to support for vulnerable and
traumatised victims, and also to help build up the picture of modern slavery in order to
inform and impact the response. this is the potential of the nrM; at the moment, it is not
being realised. the following sections outline how the nrM can better reflect the picture
through: improved awareness of the Mechanism, particularly amongst First responders; a new
ability to make anonymous referrals so that more information is captured; and enhancing the
nrM’s independence to ensure that victims and support agencies utilise it.
7
8
9
10
11
70
Office for security and Cooperation in europe, National Referral Mechanisms: Joining efforts to protect the rights of trafficked persons, a
practical handbook, Warsaw: OsCe, 2004, p11
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: sOCa, august 2011, p16; and Institute
for public policy research, The UK’s Response to Human Trafficking: Fit for purpose?, London: Ippr, July 2012, p4
anonymous charity supporting vulnerable asylum seekers, in evidence to the CsJ, august 2012
Hales L and Gelsthorpe L, The Criminalisation of Migrant Women, Cambridge: Cambridge University, august 2012, p3
Ibid, p4
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3.2.4 Improving awareness
there is a shocking level of ignorance of the existence and purpose of the nrM amongst
key professionals. If victims of modern slavery are to be given the opportunity to be formally
identified and given access to the support they need and deserve, it is crucial that the nrM
is widely known about and used by those who may encounter victims. evidence given to
this review has indicated a failure amongst a range of agencies and organisations to raise
awareness of the nrM.12 It is a travesty that any potential victim of modern slavery may lose
the opportunity for assistance simply because the authorities with whom they come into
contact do not know what provision is available or how to access it.
“I asked if they’d made a referral to the nrM, and it was like ‘the
what?’. I asked the Detective Inspector, the Detective sergeant and
the Detective Chief Inspector, and nobody had made a referral. this
matter has been addressed urgently.”
Anonymous senior police officer, in evidence to the CSJ
‘I didn’t know about the nrM until a children’s charity told me
about it.’
Paul Hadaway, social worker, in evidence to the CSJ
The UKHTC Baseline Assessment
In its recent ‘Baseline assessment’ to gauge the extent of human trafficking in the UK, the UKHtC
reported that of the 2,077 potential victims identified in 2011, 54 per cent had not been referred
to the nrM.13 the assessment does not analyse the impact of low awareness of the nrM as a
contributory element to the proportionately low number of referrals made out of the total number
of potential victims. However, in light of evidence given to the CsJ review, it is clear that low awareness
of the nrM plays a significant part in this lack of referrals. that over half of potential victims identified
in this review were not known to the nrM is a helpful but extremely worrying finding, and highlights
the need for greater engagement with the nrM in order for more victims to be supported and a
more complete picture to be built. Low awareness will certainly not be the only factor contributing to
the lack of nrM engagement – other factors are explored below – but it is an element that should
be vastly and urgently improved.
12
13
article 1, Council of europe Convention on action against trafficking in Human Beings, 2005 [accessed via: http://conventions.coe.int/
treaty/en/treaties/Html/197.htm (09/01/13)]
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: sOCa, august 2011, p7
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
71
3.3 First Responders
First responders are agencies and organisations that have been identified by the Home
Office as likely to encounter victims of modern slavery and have consequently been given
the authority to make direct referrals to the nrM. the CsJ has heard of a worrying lack of
awareness even among these key agencies. though they are invested with the authority to
make referrals, many still do not know what the nrM is, or what their responsibilities are.
First responder agencies include:
sOCa/UKHtC;
all UK police forces;
UKBa;
nspCC – the Child trafficking advice
Local authorities;
the poppy project;
Local authority children’s services;
Centre (CtaC);
Migrant Help;
Barnardo’s;
Medaille trust;
Health and social Care trusts
Kalayaan;
the salvation army;
the Gangmasters Licensing authority;
Unseen;
(northern Ireland);
tara scotland.14
the number and range of First responders has increased since the nrM was introduced,
reflecting an essential broadening of the catchment area both geographically and across
sectors. However the variety of cases about which the CsJ has received evidence indicates
that victims of modern slavery would be better served by widening the range of First
responders. In particular, the CsJ recommends that Her Majesty’s prison service – including
all Foreign nationals Officers and prison Governors – should be granted First responder
status and sensitised to issues of modern slavery. the detection of potential victims of modern
slavery should also be a criteria addressed during prison inspections, including Young Offender
Institutions (YOIs). Youth Offending team (YOt) workers in a YOI in the south West have
registered concerns with the CsJ that a number of young people showing indicators of
modern slavery have been sent to the YOI without having been identified or referred to the
nrM, meaning that YOt workers are identifying these potential victims but do not have the
authority to refer them to the nrM.
‘no-one in the community completes a nrM referral ahead of
remand, hence the YOt have had to do it despite being officially
unable to.’
Chris Good, former Youth Offending Team Senior Practitioner, Ashfield YOI, in evidence to the CSJ
14
72
UKHtC website, the National Referral Mechanism [accessed via: http://www.soca.gov.uk/about-soca/about-the-ukhtc/national-referralmechanism (25/02/13)]
the Centre for social Justice
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Recommendations:
Her Majesty’s Prison Service should be granted the status of First Responder, being given the
authority to make referrals to the NRM. This should include all Foreign Nationals Officers,
Prison Governors and YOTs, who should be trained to identify the indicators of modern slavery;
The detection of potential victims of trafficking should be a criteria addressed during prison
inspections made by Her Majesty’s Inspectorate of Prisons.
3.3.1 First Responder training
Despite the fact that First responders are chosen because they already work in areas where
they are likely to encounter victims of trafficking, the CsJ has seen a significant range of
awareness and competence amongst First responders. In this context, it is appalling that First
responders are given no formal – and certainly no standardised or accredited – training on
the issues and indicators which they must look for.
this failure cannot be allowed to persist. the CsJ recommends that a First responder training
pack be developed, drawing on the expertise of existing high-standard First responders who
have recognised and taken on this responsibility. sharing such expertise will ensure that all First
responders are well-equipped to deal with the responsibility of their role in their particular
sphere. In the short term, the CsJ recommends that this training be developed and overseen by
the UKHtC, but that in the long term the anti-slavery Commissioner holds First responders to
account for the levels of awareness they develop and the number of referrals they are making.
Recommendation:
An agreed First Responder training package should be developed, which should include guidance
on the indicators of modern slavery and on the appropriate levels of information which should
be included on the NRM referral form. This should be monitored by the UKHTC in the short
term and by the Anti-Slavery Commissioner in the long term.
3.3.2 Quality of referrals
‘50 per cent of the forms completed were poor and did not give
the individual a chance. so in those cases we acted and informed
the Competent authority of further information, even though the
referral had already been made.’
Anonymous charity working with victims of modern slavery, in evidence to the CSJ
Concerns have been voiced to the CsJ over the inadequate nature of information frequently
submitted by First responders on the nrM referral form. If referral forms are not filled out
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
73
satisfactorily then the relevant Competent authority’s ability to reach a fair decision will be
impeded.
Improving the quality of referrals will better serve victims of modern slavery. It will also lead
to more accurate and consistent decisions by the nrM, which will reduce the number of
challenges and judicial reviews of nrM decisions. as one charity working with survivors of
modern slavery explained: ‘even with the so-called First responder, they are missing the point
that the more information the better; the more information the first time, the better chance
your application stands…We’ve had a number of cases where we’ve looked at the nrM
application and thought ‘this woman doesn’t stand a chance’ – the form is not properly or
comprehensively filled out’.15
‘We really have to get the completed nrM referral form to the
standard of a quality piece of information where possible (it’s not
always possible due to the state of the potential victim at that time).
there are comprehensive guidelines to help First responders fill in
the form, but it’s important that the interviewer knows how crucial
the information they collate on the form can be…the fuller the
picture the more likely that an accurate decision will be made. It’s
often because there’s a lack of confidence that the decision makers
have all of the necessary information that so many reconsiderations
are being asked for.’
Anonymous aftercare provider, in evidence to the CSJ
3.4 Improving the number of referrals
It is widely accepted that the statistics produced by the nrM do not reflect the full extent of
victims of modern slavery in the UK.16 although there has been a 33 per cent increase in the
number of referrals to the nrM from 2010 to 2011, these figures are still far from showing
the real number of victims.17 It is also essential to note that this increase in referrals has seen
no increase in funding or resourcing for the UKHtC or the UKBa, as Competent authorities
who process the referrals.
Modern slavery is by its nature a hidden crime. there are numerous damaging barriers still to
be removed which are stopping victims from speaking out about their experiences and are
preventing nrM referrals from being made.
15
16
17
74
anonymous charity working with victims of modern slavery, in evidence to the CsJ, april 2012
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: sOCa, august 2011, p16
Inter-Departmental Ministerial Group on Human trafficking, First Annual Report of the Inter-Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012, p74
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3.4.1 Fear
One of the most pressing reasons why victims of modern slavery do not want to be referred
to the nrM of these is their fear that interaction with any kind of authority may result in
repercussions from their traffickers.
‘When you go to a police station in my country nothing good
happens to you.’
Victim of modern slavery18
psychological control by traffickers, debt bondage, perceived or actual threats to themselves
or their family, or an experience in the country they have come from where police and
authorities may not be trusted and may be corrupt, can all contribute to a serious fear of any
kind of interaction with ‘authority’. regardless of nationality, immense pressure is often placed
on a victim which can seem insurmountable and lead to a perceived inability to speak about
their situation or take any action to end it.
‘It is so frustrating when we believe there are indicators of
trafficking but the victim will not engage.’
Tina Newman, Vice Liaison Officer, Avon and Somerset Police, in evidence to the CSJ
“Her ‘boyfriend’ had her passport, paid for everything and told her
not to leave the house during the day as she would get lost. she
wouldn’t say anything about her situation or against her ‘boyfriend’,
and would not agree to a nrM referral.”
Andrew Wallis, CEO of Unseen, in evidence to the CSJ
this is a difficult issue to counter since the entrenched fear of a person who has been
trafficked cannot simply be ‘undone’. However, those who may identify someone who
has been trafficked must give the person as many opportunities to agree to a referral as
possible. It is important that support organisations work in partnership with police and other
authorities; the CsJ recommends that police draw on the experience of nGOs, allowing welltrained nGO workers to accompany them on visits to properties or venues where modern
slavery is suspected to be taking place. a victim of modern slavery with a reason to mistrust
the police or authority figures may feel safer disclosing information to somebody who does
not ostensibly represent authority.
18
Case example submitted by Hope for Justice, in evidence to the CsJ, July 2012
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
75
“You can try and make a nrM referral, but it depends on how
strong a grip their pimp or ‘boyfriend’ has over them.”
Anonymous senior police officer, in evidence to the CSJ
Recommendation:
Police should explore the development of partnerships with NGOs, allowing well-trained and
experienced NGO workers to accompany police on visits to places where modern slavery is
suspected to be taking place.
3.4.2 Choosing not to refer
additionally, the CsJ heard evidence to suggest that some agencies choose not to make a
referral for a victim, as they cannot see any benefit for them.
a charity working with migrant domestic workers reported that of the 157 workers
identified as possibly trafficked in the UK, 102 (64 per cent) chose not to be referred into
the nrM.19
a homelessness charity working in London with vulnerable men from eastern europe
saw 39 clients in a year who showed indicators of modern slavery. Of these, only seven
(18 per cent) were referred to the nrM.20
some victims from outside of the eU are frightened of being referred to a process that
includes the UKBa because they are worried that their immigration status will play a part in
the decision; the idea of being referred to the immigration authorities can be terrifying. the
Working Group has heard evidence that some nGOs advise victims against referring for that
reason. this issue is explored further in section 3.6.
‘Before they were referred into the nrM they almost felt they had
more freedom because they weren’t accountable to the UKBa.
Before the nrM referral they obviously had the threat of being
removed hanging over them, but once they are in the nrM process
the decision of whether they are seen as a victim and whether they
remain or return is out of their hands.’
The Poppy Project, in evidence to the CSJ
19
20
76
Kalayaan, Ending the Abuse: Policies that work to protect migrant workers, London: Kalayaan, May 2011, p7
anonymous charity working with vulnerable and homeless people, in evidence to the CsJ, august 2012
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3.5 The case for a ‘two-tier’ NRM
at present when people choose not to be referred through the nrM there is no mechanism to
capture information about them.this means that crucial details about cases where professionals
such as the police or nGO workers suspect modern slavery has taken place is not collected
in any formalised way. the nrM is, however, ideally placed to collate this information. the
CsJ therefore recommends that the nrM becomes a two-tier system that is able to receive
information on suspected cases even when a victim is not willing to make a full referral.
this two-tier system would work as follows:
1. an anonymous ‘first-tier’ referral would be designed to receive information on cases of
trafficking whether or not a victim consents to a named referral;
2. a ‘second-tier’ referral would be for those who wish formally to access support through
the nrM and would be a named referral, as per the current format.
a ‘first-tier’ nrM referral would not be a referral to support services. rather, it would be an
anonymous referral for information-gathering purposes only. this would contain anonymous
information with sufficient detail to permit the Competent authority to log the referral in
such a way that it would not subsequently be duplicated. a guide to the level of detail needed
for this anonymous ‘first-tier’ referral could be the same level of information required to make
a reasonable Grounds decision (see section 3.2.1).
through this system, the risk of valuable information being lost is mitigated and the nrM,
which is overseen by the UKHtC, could more effectively contribute to the development
of a robust picture of the state and scale of modern slavery in the UK. a further significant
benefit of this two-tier system is that it could enable the nrM to become self-reflective;
‘first-tier’ referrals could capture explanations as to why the individual does not wish to
make a full referral, helping to develop understanding as to the victim’s perceptions of the
nrM and thereby increasing its victim focus. this reform also relies upon and encourages the
engagement of all First responders to enhance the nrM’s impact.
Recommendation:
The Government should create a two-tier National Referral Mechanism (NRM) system which
allows information about a person’s experience of modern slavery to be gathered through an
anonymous referral, which does not require the person’s consent. If the potential victim then
wishes to make a full referral to access support services, they may give their consent and a
‘second-tier’ referral can be made.
3.6 Immigration and the NRM: ensuring independent decisions
the independence of decisions made regarding whether people have been trafficked should also
be questioned as part of the significant nrM reforms to improve its ability to refer victims to
support, make fair decisions and build up a better picture of modern slavery in the UK. at present,
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
77
an individual who may have been trafficked but who also has an uncertain immigration status is
referred to the nrM Competent authorities in the UKBa. these Competent authorities are in
fact full-time asylum case owners.though there is some training for UKBa Competent authorities,
the reality is that these Competent authorities spend the majority of their time working on
asylum issues; they are asylum case owners by vocation.this role involves a very different evidence
process and burden of proof: combining the two roles is not therefore a natural fit.
‘If you know somebody’s got a messy immigration claim, you’re
hesitant to refer them to the nrM.’
Anonymous charity supporting survivors of modern slavery, in evidence to the CSJ
Overlapping the role of asylum case owner and Competent authority may be an ‘efficient’
approach for the UKBa, but it creates a fundamental conflict of interest. this dual role creates a
situation whereby UKBa Competent authorities are attempting to balance their existing heavy
caseload of asylum claims with the important decision of whether a person has been trafficked.21
‘It’s difficult if you’re working on asylum cases to get the other work
done…you’re constantly interrupted.’
Anonymous UKBA Competent Authority, in evidence to the CSJ
some UKBa Competent authorities have developed a weekly rota for making nrM decisions,
where an asylum case owner will be rotated into the role of Competent authority for one
week every month in an attempt to ensure that decisions are made in a timely manner. One
Competent authority representative said of this rotation system:
‘We’re under-staffed…This is a good way of meeting our obligations with the NRM’.22
this rotation system does not allow sufficient time for staff to make all the nrM decisions
that are referred to them, creating a serious backlog of nrM decisions for some UKBa
Competent authorities who can take months to work through the accumulated cases. an
aftercare provider has reported to the CsJ that one UKBa Competent authority has taken
up to 14 months to make a decision.23 Understaffing and a lack of resources are significant
contributors to the slowing of this process.
the pressures already exerted on the UKBa to tackle the high number of unresolved asylum
cases are significant. In november 2012, a report by the Chief Inspector of Borders and
21
22
23
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the Guardian, UKBA condemned over asylum and immigration backlog, 22 november 2012 [accessed via: http:// www.guardian.co.uk/
uk/2012/nov/22/border-agency-asylum-claims-backlog (10/01/13)]
anonymous UKBa Competent authority, in evidence to the CsJ
anonymous aftercare provider, in evidence to the CsJ
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Immigration found that 100,000 pieces of correspondence relating to unresolved asylum claims
remained unopened due to under resourcing in the agency.24 a further backlog of 16,000 further
unresolved cases was discovered in January 2013.25 When added to this the increasing number of
victims being referred to the nrM – the UKHtC marked a 33 per cent increase in referrals from
2010 to 2011 – it is only right to bring the most intense scrutiny to bear on the UKBa’s role as
a Competent authority.26 It is important to note that the 33 per cent increase in nrM referrals
from 2010 to 2011 included an increase in potential victims whose country of origin is outside of
the eU.this means that their nrM decision is likely to be made by the UKBa. as Figure 3.1 shows,
there was a 46 per cent increase in nrM referrals of people from nigeria, a 47 per cent increase
in people from Vietnam and a 76 per cent increase in people from Uganda.27 provisional statistics
for 2012 also indicate nigeria, Vietnam and China remain in the top five source countries.28
Figure 3.1: Top ten countries of origin – 2010 and 2011
150
Number of NRM referrals
2010
2011
100
50
0
a
ani
Alb
lic
ina
ar y
ana
Ch
pub
Gh Hung
Re
h
ec
Cz
ia
Ind
ia
uan
Lith
a
eri
Nig
nia
ma
Ro
ia
vak
Slo
a
and
Ug
m
tna
Vie
Country of origin
Furthermore, in some cases, UKBa Competent authorities are not clear on how to make a
decision about human trafficking, because the standards of proof for making these decisions
are not clearly outlined as they are when making an asylum decision. It is understandable that
there may be challenges in gathering verifiable stories from the person in question, however
some Competent authorities have highlighted a gap in the guidance needed to help them
assess the credibility of a modern slavery victim’s experience. In addition to being underresourced, UKBa Competent authorities are ill-equipped to make decisions about whether
a person has been trafficked.
the CsJ has heard frequently of the substantial lack of faith in nrM decisions made by
the UKBa. Despite the ostensible safeguards the UKBa appear to have in place to give a
24
25
26
27
28
John Vine QpM, Independent Chief Inspector of Borders and Immigration, An inspection of the UKBA’s handling of legacy asylum and
migration cases, March – July 2012, London: Office of the Independent Chief Inspector of Borders and Immigration, november 2012, p44
BBC news, UKBA backlogs: Inspectors find thousands of new cases, 24 January 2013 [accessed via: http://www.bbc.co.uk/news/
uk-21170495 (24/01/13)]
Inter-Departmental Ministerial Group on Human trafficking, First Annual Report of the Inter-Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012, p74
Ibid
UKHtC website, United Kingdom National Referral Mechanism, Provisional Statistics 2012 [accessed via: http://www.soca.gov.uk/aboutsoca/about-the-ukhtc/national-referral-mechanism/statistics (08/02/13)]
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
79
‘second pair of eyes’ to nrM decisions, the serious conflict of interest is almost impossible
to overcome; aside from capacity issues there is a substantial problem of perception
and credibility.29 evidence for this lack of faith is seen in the number of judicial reviews
that have been requested of the UKBa for decisions made by them through the nrM.
every judicial review conducted in this area since the nrM was established in april 2009
has been for UKBa Competent authority decisions; there have been none for UKHtC
Competent authority decisions.30 this reflects fears among victims and support agencies
that immigration status may unduly influence UKBa decisions. Whilst it is acceptable for the
UKBa to contribute relevant information to the decision over whether someone is a victim
of modern slavery, and whilst it may have a legal role to play in legitimising the immigration
status of an individual during their reflection period, the decisions themselves should not be
made by this agency. Frustration at the incapacity of the UKBa to fulfil this role is palpable
across the field.
Judicial reviews
a judicial review is a procedure through which an individual is able to challenge the decision or
exercise of power by a public body such as a local council, a Minister or, in cases of human trafficking,
the nrM. If an individual feels the decision of one of these bodies is unlawful or represents a
violation of their rights, they may apply to the administrative Court (a division of the High Court)
for a judicial review of the decision and have the decision withdrawn. a court may also make orders
to compel the authority to do its duty or to stop it from acting illegally. a judicial review is not a
reconsideration of the nrM decision but rather makes a judgment over whether the decision itself
was made ‘legally’. a specific appeal process would be needed if a potential victim of trafficking is to
have an official route made available to them to challenge a nrM decision and have their evidence
reconsidered. Judicial reviews are essentially a challenge to the way in which a decision has been
made, rather than addressing whether the decision itself was right or fair. some aftercare providers
registered fears that, upon receiving a negative Conclusive Grounds decision, an individual’s support
under the Convention will end, giving little access to support if they wish to begin a judicial review
process. If a formal process of appeal was established for the nrM, individuals should be supported
through the process as part of measures to ensure victims of modern slavery are protected and
offered a fair hearing.
the division of cases on grounds of immigration status between the UKHtC and the UKBa
is wrong and unfair. It undermines national efforts to fight this tragic crime. the fact that any
potential victim is required to make their welfare case to the exact same agency who may
at the same time be considering their immigration status is a denial of the right to have an
independent decision concerning whether they have been trafficked. this causes significant
concerns amongst organisations who are supporting victims; those working with such
organisations, such as the police, are also aware of such apprehensions:
29
30
80
Inter-Departmental Ministerial Group on Human trafficking, First Annual Report of the Inter-Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012, p82
Hansard, Written answers and statements, 31 October 2012 [accessed via: http://www.publications.parliament.uk/pa/cm201213/
cmhansrd/cm121031/text/121031w0002.htm#12103179000046 (10/01/13)]
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In order to eliminate the risk that immigration concerns and welfare decisions are
confused, and to ensure continued transparency and independence within the nrM, the
CsJ recommends that the UKBa is relieved of its role as Competent authority. One single
Competent authority – under the UKHtC – should oversee all decisions. there is no
justification for the UKBa to have a Competent authority role in the nrM.
‘How can you have an organisation making decisions on a victim of
trafficking when they have a performance indicator that marks them
on how many people they get to leave the country?’
Former Detective Inspector Huw Watkins, Gwent Police, in evidence to the CSJ
It should not matter where a person is trafficked from; their experience as a victim of a
human rights abuse should be addressed first by the single Competent authority responsible
for making all decisions, regardless of their country of origin or status in the UK. For a person
who may – as has been reported – have been trapped in modern slavery through threats
related to their immigration status and deportation or prison, a referral to the UKBa is wholly
contradictory to the UK’s aims to put victims first.
‘One of the biggest threats by those who held them was to hand
them over to the police or immigration.’31
the single Competent authority should draw on the expertise of representatives from
welfare organisations, psychological experts and those trained in interaction with vulnerable
victims of abuse. this would be a vast improvement on the current situation. the single
Competent authority should also establish sustainable channels of communication through
which to approach all relevant agencies to gather information and make an informed decision.
the consistent message from nGOs providing care, First responders who make referrals,
and others working to tackle modern slavery, is that a single Competent authority is crucial
to the independence and legitimacy of the nrM. Investing the decision-making remit in one
Competent authority will mitigate the risk that internal pressure on the UKBa will impact
on nrM decisions. the UKBa is currently under-resourced to fulfil this role, and many asylum
case owners lack the capacity to make decisions; this cannot continue. removing the UKBa as
a Competent authority will encourage better engagement from agencies tasked with making
nrM referrals; it is crucial that there is increased trust in nrM decisions if it is to fulfil its
role properly in helping to effectively safeguard victims and building an improved picture of
the problem in the UK.
31
Hales L and Gelsthorpe L, The Criminalisation of Migrant Women, Cambridge: Institute of Criminology, University of Cambridge, august
2012, pp45–46
It Happens Here | Building a clearer picture: enhancing the national referral Mechanism
81
Recommendation:
The UKBA should be removed as a Competent Authority for the NRM. The single Competent
Authority under the UKHTC should approach all agencies to gather information and make a
decision on whether or not an individual has been trafficked.
3.7 Conclusion
Considerable reform of the nrM is required if it is to fulfil its full potential. Its existence and
experience to date represent the right foundation upon which an improved nrM can be
built. Implementing the recommendations in this section will enable the nrM to provide a
world-class victim-focussed mechanism for identifying victims of modern slavery. Increasing
awareness of the nrM among First responders, and enhancing its independence which will
substantially remove the disincentives to refer will significantly improve the UK’s response.
In addition, developing the nrM’s ability to process anonymous referrals of information will
vastly help to build the picture of modern slavery in the UK. these reforms are essential if
victims of modern slavery are to be better identified and supported.
3.8 Recommendations
The Government should create a two-tier National Referral Mechanism (NRM) system which
allows information about a person’s experience of modern slavery to be gathered through an
anonymous referral, which does not require the person’s consent. If the potential victim then
wishes to make a full referral to access support services, they may give their consent and a
‘second-tier’ referral can be made.
The UKBA should be removed as a Competent Authority for the NRM. The single Competent
Authority under the UK Human Trafficking Centre should approach all agencies to gather
information and make a decision on whether or not an individual has been trafficked.
An agreed First Responder training package should be developed, which should include guidance
on the indicators of modern slavery and on the appropriate levels of information which should
be included on the NRM referral form. This should be monitored by the UKHTC in the short
term and by the Anti-Slavery Commissioner in the long term.
Her Majesty’s Prison Service should be granted the status of First Responder, being given the
authority to make referrals to the NRM. This should include all Foreign Nationals Officers,
Prison Governors and YOTs, who should be trained to identify the indicators of modern slavery;
The detection of potential victims of trafficking should be a criteria addressed during prison
inspections made by Her Majesty’s Inspectorate of Prisons.
Police should explore the development of partnerships with NGOs, allowing well-trained and
experienced NGO workers to accompany police on visits to locations where modern slavery
is suspected to be taking place.
82
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chapter four
Identifying victims
4.1 Introduction
‘It is widespread and is in all communities – people don’t know
what’s right in front of them, or how to spot the signs.’
Assistant Chief Constable Olivia Pinkney, ACPO lead on Migration and Associated Matters
this chapter considers how services can identify victims of modern slavery more effectively.
It is imperative that the identification of victims is enhanced through increased awareness and
developed training, to ensure that the hidden victims of this crime are discovered, freed and
supported through recovery. the UK has taken some steps to increase its ability to identify
victims, but there is much more work to do; significant obstacles still hinder the identification
of people caught in modern slavery in the UK. this chapter outlines the main issues with
identification and makes recommendations for mass improvement.
4.2 Misinterpreting the problem: a damaging conflation with
immigration
a serious challenge to identifying victims is the widespread misperception that modern slavery is
an issue of immigration. this misdiagnosis is a dangerous mistake. responsibility for modern slavery
is held by the Minister for Immigration. the Inter-Departmental Ministerial Group (IDMG) on
Human trafficking (discussed in full in Chapter two, section 2.2.2.) is also chaired by the Minister for
Immigration.this is a wrong fit. Modern slavery is not primarily an immigration issue; it is a breach of
human rights and the gravest of crimes.the CsJ recommends that responsibility for modern slavery
becomes the remit of the Minister for policing and Criminal Justice, who should also chair the IDMG.
Recommendation:
Responsibility in government for human trafficking and modern slavery should be transferred
from the Immigration Minister to the Policing and Criminal Justice Minister in the Home Office.
It Happens Here | Identifying victims
83
Diagnosing modern slavery and human trafficking as an immigration problem is not just a mistake
made in Whitehall. evidence suggests that too many police officers fall into the same trap.
‘One girl escaped from a brothel and went to a police station to
tell them that she had been trafficked. she had no passport. Under
these confusing circumstances, we chose to arrest her for being an
illegal immigrant.’
Deputy Chief Constable Giles York, Sussex Police, in evidence to the CSJ
‘the central problem is the excessive focus on trafficking as an
immigration crime.’
Detective Chief Inspector Sean O’Neil, Bedfordshire Police
serious concerns were raised by some police officers that, when it becomes apparent that a
potential victim – adult or child – has absent or forged travel and immigration documents, this
immigration offence takes precedence over the fact that they are a victim of crime. they may
then be passed on to the UKBa to enforce immigration restrictions before the consequences
of their victimisation are considered or even recognised.
“If a foreign national is trafficked, unfortunately they often get the
‘immigration’ label.”
Assistant Chief Constable Olivia Pinkney, ACPO lead on Migration and Associated Matters, in evidence to the CSJ
‘so what do we do when we find them? We charge them; we nick
them. Is that the best victim care?’
Anonymous police officer1
‘You’d think the victim would be the most important thing but that’s
not always the case.’
Anonymous senior police officer, in evidence to the CSJ
treating a potential victim of modern slavery as an illegal immigrant is utterly counter to a
victim-centred approach. It shows the stark case for more effective training for officers to
recognise the signs of human trafficking and modern slavery, look beyond the individual’s
1
84
senior police officer, in a speech to practitioners, 28 March 2012
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four
immigration status and ask questions about their safety and security. It is crucial that modern
slavery is separated from immigration in such a way that victims are better understood, and
that the problem is responded to. Understanding modern slavery as an immigration issue is
also unhelpful not least because a large portion of documented cases in the UK involve UK
nationals or people from eU member states, where immigration is not a concern.
4.3 Equipping our frontline
EU Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting
its victims, paragraph 25
‘Officials likely to come into contact with victims or potential victims of trafficking in human beings
should be adequately trained to identify and deal with such victims. That training obligation should
be promoted for members of the following categories when they are likely to come into contact with
victims: police officers, border guards, immigration officials, public prosecutors, lawyers, members of the
judiciary and court officials, labour inspectors, social, child and health care personnel and consular staff,
but could, depending on local circumstances, also involve other groups of public officials who are likely
to encounter trafficking victims in their work.’ 2
training and awareness support for frontline staff must be improved if the UK is to find victims
and fight this crime. For adults, this includes the police, the UKBa and those working in the
criminal justice system.
4.3.1 Identification by the police
‘Generally the country doesn’t want trafficking and we’re at a stage
where they’re trying to reduce the cost of policing by 25 per cent,
so you don’t want to be finding new problems.’
Senior police officer3
police officers have frequently told the CsJ about their concerns in regard to the lack of knowledge
in their force, and the confusion over what human trafficking or modern slavery is. police should
be able to make an assessment when faced with this type of crime, so that victims can be
identified and referred to the national referral Mechanism and an investigation can commence.
Without a basic level of training about human trafficking and modern slavery, officers’ responses,
their ability to conduct an appropriate investigation and, most significantly, their knowledge of
how to offer protection and support to a potential victim will be severely compromised.
2
3
Directive 2011/36/eU of the european parliament and of the Council, of 5 april 2011, on preventing and combating trafficking in
human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa, paragraph 25
the Independent, Police report into brothels dismissed as ‘amateurish’, 15 august 2010 [accessed via: http://www.independent.co.uk/news/
uk/crime/police-report-into-brothels-dismissed-as-amateurish-2053046.html (13/03/12)]
It Happens Here | Identifying victims
85
‘a lot of police forces don’t know about the nrM – they haven’t
heard of it. I think at this stage, they should have heard of it.’
Michelle Hitchcock, Migrant Help, in evidence to the CSJ
the size of the task before police officers is considerable; modern slavery is by its nature very
hidden, and can take on numerous forms.4 Victims are often terrified, have been conditioned
to tell a particular story, do not often see themselves as victims and may have secondary
immigration issues. It is not an easy topic to tackle from a policing perspective, particularly in
a climate of diminishing police resources.
‘there is…a lack of knowledge in how to identify a trafficking
victim…the more you deal with it, the more you recognise these
things, but then other people are completely oblivious to it.’
Senior police officer, in evidence to the CSJ
the Metropolitan police has developed an e-learning package, delivered through the national
Centre of applied Learning technology (nCaLt) which provides an easy-to-use module to
raise awareness of the problem. However, some forces have reported that just two officers
in the force have undergone this online training.5 Other forces have reported higher numbers
– 229 officers in one force area – which is encouraging, though this remains a proportionally
low number of the entire force.6 recent reports have shown that almost 90 per cent of
officers in england and Wales have not accessed the training.7 We recommend that a modern
slavery e-learning package becomes mandatory for all forces, in order to ensure effective
sensitisation to this problem; the nCaLt training package is an example of a cost-effective
way of circulating training.
It is also the CsJ’s recommendation that more targeted and detailed training – as opposed
to mere sensitisation – must be given to specific officers, as a matter of priority. the
officers assigned to investigate these matters must have the necessary skills to manage the
seriousness and complexity of the crime with an appropriately victim-centred approach.
senior Investigating Officers (sIOs), all immigration crime teams, all vice and drugs teams
where they exist, and all custody sergeants should be aware of the indicators of human
trafficking and modern slavery and the process to be followed upon identifying the victim(s)
and investigating the crime. this training must include an awareness of the resources of the
UKHtC. the CsJ acknowledges that this will be a challenge given the cuts to police resources
4
5
6
7
86
see Chapter One
results of CsJ Freedom of Information request, august 2012
Ibid
Hansard, Written answers and statements, 11 February 2013 [accessed via: http://www.publications.parliament.uk/pa/cm201213/
cmhansrd/cm130211/text/130211w0002.htm#130211w0002.htm_spnew2 (14/02/13)]
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that have taken place and continue to be implemented.8 However the human cost of modern
slavery is too great to be side-lined any longer, and must become a force priority across the
country; adequate training is therefore a crucial first step. there should be a role here for
businesses and their corporate social responsibility (Csr) agendas: the training of police is a
key area for improvement in the UK’s approach to modern slavery and new and innovative
funding streams should be explored.
‘a lot of people think trafficking is being snatched, tied up and put
in a boot and locked in a room – there is an element of freedom
which I think they struggle to understand. But what about being
ruled by fear? Fear of ending up in a shallow grave.’
Detective Constable Stuart King, West Yorkshire Police, in evidence to the CSJ
Currently, the limited training available for police is ad hoc and unmonitored, with some
forces accepting training from nGOs who are not under any quality assurance standards
or from private consultancy companies which are unaccredited. One police officer gave
evidence to the CsJ voicing their concerns at the messages that were being communicated
by campaigning nGOs.9 this is an inefficient use of time and resources, is not cost-effective
and can have a damaging effect on frontline services’ awareness levels which will then vary
depending on what standard of training they have received. the CsJ recommends that the
anti-slavery Commissioner should develop a system of monitoring or accreditation of
available training, ensuring accurate core content, whilst recognising the need for localised
specialisms developed by various nGOs and other groups.
‘the nuances of theft are understood among the police. the
nuances of human trafficking are less easy to understand.’
Detective Inspector Keith Roberts, Kent Police, in evidence to the CSJ
evidence taken by the CsJ reveals how police officers can easily overlook modern slavery
victims when engaged with issues related to, for example, brothels or cannabis farms. they are
not trained to identify the signs and they are not being tasked to look for it. this, combined
with the fact that victims in these situations have often been conditioned to stay silent or
repeat a fabricated story, creates a worrying set of circumstances whereby an unknown
number of modern slavery victims are not being identified. as one police officer candidly
explained: “We do ask if they are a victim of trafficking, but have been told ‘no’. Whether that’s
true or not, I’m not sure”.10
8
9
10
Metropolitan police service, Policing in austerity: One year on, London: Metropolitan police service, 2012, p3
senior police officer, Metropolitan police, in evidence to the CsJ
Detective Constable, nottinghamshire police, in evidence to the CsJ
It Happens Here | Identifying victims
87
It is important to highlight the challenges here – it is understandable that police officers treat
those who appear to be cultivating drugs, for example, as people who are breaking the law.
However it is imperative that the added perspective of potential victimisation is included in any
police activity that engages with those who may be in situations of modern slavery. an example
of a model of best practice can be seen in Bristol, where voluntary sector organisation Unseen
has supported the work of avon and somerset police. this partnership approach ensures that
the police force liaises with Unseen when it is planning an operation on a cannabis farm in the
area. During briefings before a raid, officers are informed of the indicators of modern slavery
and their duty of care is explained. Unseen has also established an on-call service whereby police
are able to call at any time if they suspect they may have identified a victim of modern slavery.11
‘We should be looking for the story behind this person, not looking
for a quick fix…who is giving this person the opportunity to talk?’
Team member, Sussex Police, in evidence to the CSJ
Recommendations:
All officers should be sensitised to the basic indicators of modern slavery and human trafficking,
and be aware of who they should speak to if these indicators are present; this will be fulfilled
by every officer completing, on a mandatory basis, the National Centre for Applied Learning
Technologies (NCALT) e-learning package (or equivalent). This should form part of police
officers’ Continued Professional Development;
The Anti-Slavery Commissioner should develop a system of accreditation of training packages
used by statutory authorities such as the police;
There should be more detailed, practical training for Senior Investigating Officers, vice teams,
drug teams and Custody Sergeants.
4.3.2 Identification by the Gangmasters Licensing Authority
the Gangmasters Licensing authority (GLa) was established in 2005 under the Gangmasters
(Licensing) act 2004, following the death of a number of Chinese workers forced to pick
cockles in Morecambe Bay in northwest england. the unpredictable tides swept many out
to sea, and 23 were drowned. During the resulting investigation, it came to light that these
individuals had been trafficked into modern slavery and were forced into accommodation,
driven to the bay and made to work long hours for very little pay. the GLa was subsequently
set up to protect workers from exploitation through a system of licensing which helped to
regulate labour providers supplying workers to the fresh produce supply chain (agriculture,
horticulture, forestry, fish processing, gathering shellfish, dairy farming and packaging/processing
food and drink products) and those who use these workers. the GLa regulates this form of
employment to help in the identification of potential vulnerabilities.
11
88
Kate Garbers, Co-Founder and project Director, Unseen, in evidence to the CsJ, December 2012
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the GLa estimates that up to 55 per cent of the businesses it licenses also operate in sectors
outside of its remit, without similar levels of accountability or regulation; Figure 4.1 is a graph,
based on data submitted by the GLa to the CsJ review, showing the additional sectors
in which GLa-licensed businesses also operate. these include non-food manufacturing,
administration and office work, transport and construction.
Figure 4.1: Additional sectors of work for GLA-licensed businesses
Number of GLA-licensed businesses
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‘there is a risk that slave gangmasters will move away from food
production to avoid the regulatory regime of the GLa. this will
result in vulnerable exploited workers being moved into sectors
which are scrutinised less and therefore criminal activity will be
difficult to identify and eradicate.’
The GLA, in evidence to the CSJ
It is unrealistic to expect that a large proportion of labour providers which operate outside
sectors that the GLa regulates are applying the standards expected by the GLa to those
other sectors. the CsJ is troubled by this disparity and reiterates the call for an extension
to the remit of the GLa to include additional sectors where high volume, cheap labour is
employed. this is not to create a more restrictive environment for businesses, but is simply
to ensure that existing standards are being implemented and workers are being protected.
Increased transparency in these sectors will also be a step towards improving the picture of
modern slavery in the UK; the GLa holds valuable information on the exploitation of workers
in the sectors it currently monitors, and it is essential that similar information is gathered in
sectors which are currently beyond its remit.
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‘If both the victim and society do not recognise a problem it becomes
very difficult to tackle its root causes, yet the gangmasters who use
these slaves profit from it personally, defraud the exchequer, undercut
legitimate businesses and, of course, abuse the individual workers.’
The GLA, in evidence to the CSJ
Identifying modern slavery in the non-food manufacturing sector
a company in england began to raise concerns when they realised that one of their Lithuanian
employees – a man named Darius – was arranging travel for other Lithuanians to come and work for
the company. this came to light after Darius attempted to bribe a staff member, asking for £100 every
time he brought a new worker to the company. It soon became clear that Darius was charging others
to travel to the UK, and providing accommodation for every person. this involved up to nine men living
in a two bedroom house, each paying £50 per week. He also took an additional £50 per week for an
unspecified reason. Darius would then take each person to the bank, acting as a translator to enable
them to open a bank account. He then took control of their bank cards and, each time their wages were
paid into the account, withdrew them from a cash machine. He would then pay the workers a small
amount and keep the rest of the wages.this control of workers and theft of their wages was taking place
without the knowledge of the employers, who believed they were paying fair wages to each worker.12
Recommendation:
The remit of the GLA should be extended to include additional sectors where high volume, cheap
labour is employed, such as non-food manufacturing, the hospitality industry and construction work.
4.3.3 Identification by the UKBA
It is essential that those working at the border and within the UKBa are equipped to spot
the signs of modern slavery. In cases that involve deception from the outset, indicators of
human trafficking and modern slavery at airports, seaports or train stations will be very subtle.
In cases where a person is trafficked from another country, border authorities often may
not pick up any indicators upon their arrival. they may arrive on a visa that appears to be
legitimate, and show no signs of fear or distress since they may not be aware of the reality of
their situation; many cases of modern slavery involve significant levels of deception. It is often
only after entry into the UK that the true nature of the person’s experience comes to light,
and by this time they have too often disappeared into a community or household. Further,
there are cases where people may arrive in the UK completely concealed in vehicles, through
ports of entry such as Dover. In these cases, victims are essentially invisible.
However, the CsJ is concerned that, for those identified by the UKBa either at a port of entry
or once they have entered the country – through a raid by immigration control, for example
12
90
Medium-sized business owner, in evidence to the CsJ, May 2012
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– the obvious immigration issues may overwhelm any more subtle modern slavery indicators.
the CsJ recommends that training for UKBa staff is focussed on widening the understanding
of modern slavery to ensure that staff understand that a trafficked person is a victim first and
foremost, not an illegal immigrant.
‘the mentality at the border agency is that this has been a choice.
this culture needs to be broken.’
CEO of charity working with trafficked women, in evidence to the CSJ
In some cases, a quick reaction at the border can make the difference between whether or
not a potential victim of modern slavery disappears into exploitation, as the following case
study illustrates.
Natalie
In July 2007 natalie, originally from russia, escaped from an organised criminal network that had lured
her from her home country with the false promise of finding her legitimate work in the UK. Upon
arrival in the UK natalie had been forced into sexual exploitation and held to a debt bond of £80,000.
she was made to work in brothels in West London. Her passport was taken from her and she was
not allowed to reclaim it. police investigations identified that the man controlling her – named andrei
– took all of the money she earned. Financial investigations revealed that andrei had purchased 23
flights since his account was opened in 2008. the majority of these flights were one way from europe
into the UK and the passenger details were all female.
In March 2009, andrei was stopped by the border authorities at Vienna airport, with two eastern
european females. Both of these females were intending to travel to the UK on false Bulgarian ID
cards provided to them by andrei’s criminal associates. When he was stopped, andrei was found to
have seven mobile phones in his possession. When the women were interviewed they stated that the
reason for their travel was in response to advertisements on the internet in russia. One responded
to an advert claiming ‘We invite young girls to england’ and the other, ‘agency-legal-save, confidential,
£3000 a month, a broad range of employment opportunity, help to legalise your stay, assistance with
favourable acquaintances, assistance in obtaining documents’. they were told that they would earn
10,000 euros a month in england working as escorts and as dancers in London clubs. On application
for this work, they were asked to send passport photos and copies of their passports. these same
images later appeared on their false Bulgarian ID cards. they were instructed to make their way to
Moscow railway station, where they were met by two of andrei’s associates, who handed them the
false ID documents. the two females went by bus to Frankfurt and here they were picked up by
andrei and driven to Vienna. at the airport in Vienna, andrei removed the false Bulgarian ID card
from one of the females when he saw that her friend was experiencing problems at the check-in.
In august 2011 andrei was convicted of numerous offences including Conspiracy to traffick into the
UK, Conspiracy to Control prostitution and removal of Criminal property (several charges totaling
in excess of £300,000). andrei received a custodial sentence of 10 years with numerous sentences
to run concurrently. 13
13
Case study submitted by the Metropolitan police, in evidence to the CsJ, July 2012
It Happens Here | Identifying victims
91
Recommendation:
Training for UKBA staff should be focussed on widening the understanding of human trafficking
and modern slavery to ensure that staff understand that a victim is not, first and foremost, an
illegal immigrant.
4.3.3.1 The Overseas Domestic Worker visa
the Overseas Domestic Worker (ODW) visa was introduced in 1998 with cross-party
consensus, and gave the right for foreign domestic workers to legally exit the employment
contracts for which they entered the UK and
take up work for a new employer. this helped
to guard against exploitative employment
relationships by giving workers the power to
leave an unfair or abusive employer.14 It was
widely agreed that ‘maintaining a legal channel
of migration for domestic workers is vital to
stop a return to mass trafficking and illegal
migration’.15 Under the ODW visa, domestic
workers were able to enter the UK with
their employers if they had been continually employed for a year or more outside the UK with
their employer – this constituted proof of an existing working relationship. the ability to change
employer, according to evidence and accounts from nGOs, police and domestic workers, offered
an essential protection from abuse and exploitation:
‘The ability to legally change employer is a fundamental safeguard against a return to
bonded labour’.16
the Home affairs select Committee on human trafficking in 2008 stated in its inquiry that
‘to retain the Migrant Domestic Worker visa and the protection it offers workers is the
single most important issue in preventing the forced labour and trafficking of such workers’.17
this visa was cited as best practice by the International Labour Organisation and the United
nations special rapporteur on the Human rights of Migrants.18 the CsJ therefore has serious
fears over the changes made to the ODW visa on 6 april 2012.19
Under the new visa rules, a domestic worker arriving in the UK can only remain in the
country if they stay with their original employer. this presents serious risks that the informal
14
15
16
17
18
19
92
Joshi B, Looking in the wrong direction? Changes to the Overseas Domestic Worker Visa and its consequences, 5 March 2012 [accessed via: http://www.
migrantsrights.org.uk/migration-pulse/2012/looking-wrong-direction-changes-overseas-domestic-worker-visa-and-its-consequen (14/01/13)]
Mactaggart F & Lawrence M, Service not Servitude, October 2011 [accessed via: http://www.fionamactaggart.org.uk/uploads/d1b4992ce69e-3784-b9c2-8c43818fbd3d.pdf (01/11/12)]
Ibid, p8
Home affairs Committee, The Trade in Human Beings: Human Trafficking in the UK. Sixth report of session 2008–9, Volume 1. House of
Commons, p26
Un Human rights Council, Report of the Special Rapporteur on the human rights of migrants, Addendum: Mission to the United Kingdom of
Great Britain and Northern Ireland, 16 March 2010, a/HrC/14/30/add. 3
UKBa website, Domestic Workers in Private Households [accessed via: http://www.ukba.homeoffice.gov.uk/visas-immigration/working/
othercategories/domesticworkers/ (14/0/13)]
the Centre for social Justice
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and unregulated nature of this form of work will increase, disempowering workers through
restricting their freedom to leave an abusive employer and fostering increased cases
of modern slavery. an already hidden workforce is at risk of becoming almost invisible.
Domestic workers with abusive employers are now left with three choices: to remain
in the situation and submit to the abuse their job entails; to leave the UK and return
home (this is very often not seen as a viable option for domestic workers who are under
significant financial pressure with dependents at home); or to leave their employer and their
home (many migrant domestic workers live with their employers) and face the prospect
of living and working illegally in the UK. the option of reporting their abuse is effectively
non-existent as they would have nowhere to live and no right to earn money legally while
their complaint is investigated.20 the removal of the protections inherent in the ODW visa,
given the particular vulnerabilities of this group of workers, makes workers less visible, less
accountable, and fundamentally less safe:
‘Domestic workers who are brought here by employers will become undocumented and
vulnerable to violence and exploitation if they flee abuse rather than remaining visible and
contributing through their taxes’.21
the removal of this visa has increased the vulnerability of the ‘already isolated and dependent
worker’ and removed any bargaining power they had over their employer through ‘attaching’
their immigration status to their employer.22
‘If we were unable to change employer, we will suffer abuse and we
will not be treated like any other employee in the UK. We have this
right, we are safe now, why change something which helps people?’
‘Lalita’, migrant domestic worker23
‘I didn’t have the guts to leave…they would call the police and put
robbery claims on me.’
‘Sahima’, migrant domestic worker24
the Government’s idea that scrapping the ODW visa would stop the number of domestic
workers travelling to the UK is not based on reality; evidence taken by the CsJ has suggested
that domestic workers will simply be brought over by other means, legal and illegal. though
this was a problem before the ODW visa was abolished, the absence of a protective option
for domestic workers has undoubtedly increased their vulnerability.
20
21
22
23
24
Jenny Moss, Community advocate, Kalayaan, in evidence to the CsJ, October 2012
Kalayaan, open letter to Damien Green Mp, former Minister for Immigration, December 2011
Kalayaan, Overseas Domestic Worker Briefing, June 2011
Migrant domestic worker, cited at Kalayaan website [accessed via: www.kalayaan.org.uk (10/07/11)]
‘sahima’, in evidence to the all party parliamentary Group on Human trafficking, september 2011
It Happens Here | Identifying victims
93
‘We are not going to stop this form of migration overnight by
removing the visa. It’s naïve to think that will happen. employers
will find other means of bringing help over, which offer far less
protection to the vulnerable migrant worker.’
Anonymous senior police officer, in evidence to the CSJ
Furthermore, the level of information on workers’ rights that a domestic worker is given before
they travel to the UK is unacceptable. the current information letter, which should be a key
safeguard against exploitation, is not even issued in some cases and contains no information
about the protections offered to an individual if they are a victim of modern slavery. It has
very little clear information about the rights of workers in the UK, and also offers incomplete
details for where additional information can be found. For example, the letter references the
‘aCas helpline’ with no explanation of the acronym, or what help this organisation can offer.25
It is essential that a robust process is put in place in the British embassy or equivalent in the
worker’s country of origin to ensure that they understand their rights. these include their right
to maintain possession of their passport, their right to the national minimum wage and the
protections that are available to them if they are treated unfairly or are being exploited.
Recommendations:
Given the risks of exploitation of overseas domestic workers, the Government should restore
the ability for domestic workers to change employers. In these cases, the domestic worker
should be allowed only to access other domestic work;
Clear and concise information should be given to all domestic workers arriving in the UK,
outlining their rights and providing clarity on how to access help should they require it.
4.3.4 Identification by the criminal justice system
numerous practitioners from the police, the prosecution service and the voluntary sector have
encountered individuals who have been trafficked into modern slavery and are subsequently
arrested, charged and imprisoned or detained for offences they have committed as a result
of being victims of modern slavery. these examples are in large part a result of failures among
numerous agencies including the police, the UKBa, prosecutors, criminal justice practitioners and
the prison service in recognising a victim of modern slavery and taking the appropriate steps.
‘Victims of trafficking in human beings should…be protected from prosecution or punishment for criminal
activities such as the use of false documents, or offences under legislation on prostitution or immigration,
that they have been compelled to commit as a direct consequence of being subject to trafficking.’26
Preamble to EU Directive on preventing and combating trafficking in human beings and protecting its victims.
25
26
94
UKBa information letter, submitted by Kalayaan in evidence to the CsJ, October 2012. aCas is the advisory, Conciliation and
arbitration service
paragraph 14, preamble, Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and
combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa
the Centre for social Justice
four
Victims of modern slavery may be prosecuted for immigration offences such as possession
of false documents. adults and children who have been trafficked into modern slavery for
the purposes of such criminal activity as cannabis cultivation, shoplifting, begging and benefit
fraud may also inadvertently be prosecuted for the crimes they commit under duress. this
issue must be addressed in order to avoid those who are victims of crime being treated as
the perpetrators of crime. Of particular concern here is the risk that the new ‘stop Delaying
Justice!’ scheme, designed to streamline trials in magistrates’ courts, will give less time and
space for defendants to disclose their experience of trafficking.27 It is essential that this is
guarded against. One solicitor told the CsJ of their fears that ‘getting an adjournment can be
difficult when they are trying to process cases as quickly as possible’.28
Recommendation:
Prosecutors should have a wider awareness of the protocol in prosecuting individuals who are
showing indicators of modern slavery. Swift hearings in magistrates’ courts under the ‘Don’t Delay
Justice!’ initiative should not hinder the ability to halt proceedings if modern slavery is suspected.
the Working Group has identified seven key stages where identification could – and should
– occur in order to prevent a possible victim being imprisoned for illegal activity they have
been forced to commit.
1. At the scene: police or UKBa officers may identify a potential modern slavery victim. In
this case, the individual should be removed to a place of safety and referred to the nrM.
2. In interview before charge: a person’s responses during a pre-arrest interview may
suggest that a person may have been a victim of modern slavery. UKBa or police must
be aware of the particular indicators or behaviours, and know how to respond to them.
additionally, duty solicitors, social services and interpreters may be alerted.
3. After interview before decision to prosecute: a prosecutor may be alerted to the
circumstances of arrest and request further enquiries to be made.this requires prosecutors
to be aware of the risks of modern slavery. Information may come to light from a variety
of sources: a related nGO, a psychologist, law enforcement, a Competent authority or
defence solicitors; all must be aware of the risks of erroneously criminalising a victim of
modern slavery.the Code for Crown prosecutors now has provisions for defence solicitors
to provide information to inform prosecutors decisions.
4. After the decision to charge and prosecute: even at this stage, further information may
come to light and the prosecutor is permitted, under Crown prosecution service policy, to
discontinue the prosecution following receipt of further relevant information or evidence.
this evidence might be given by defence solicitors, the Competent authority or a related
nGO; this is however contingent upon any modern slavery issues being recognised.
27
28
BBC news, Lawyers claim new policy causes miscarriages of justice, 14 april 2012 [accessed via: http://www.bbc.co.uk/news/uk-17690404
(22/01/13)]
Cassandra Bligh, Dalton Holmes Gray solicitors, in evidence to the CsJ, October 2012
It Happens Here | Identifying victims
95
5. At court during or after trial: When instructions are given to legal representatives
or counsel, modern slavery may be raised as mitigation. the correct process should
be to request an adjournment and refer the person to the nrM for a decision to be
expedited, so that the prosecutor may review the decision to prosecute in light of this
new information.
6. After conviction before sentence: Modern slavery may be disclosed by a victim when
pre-sentence reports are being prepared. again, it is essential that the probation service
and members of the judiciary, as well as prosecuting and defence advocates, understand
modern slavery and the indicators that may present at this stage.
7. After sentence: an outreach worker or member of staff in prison, a Young Offender
Institution or detention centre may identify indicators of modern slavery in a victim.
at this stage, legal representatives should apply for leave to appeal the conviction or
sentence. this can be done even in circumstances where the sentence has been served,
since the recorded conviction can continue to have a ‘punishment’ effect. the conviction
should be quashed and cleared from their record if it transpires that the person has been
a victim of modern slavery and committed the offences as a direct result of this. this is
important, as a conviction might have serious long-term consequences, particularly if it
is drug-related.
the above stages reflect not only the need for greater awareness, but the substantial
challenge faced by a vulnerable victim in communicating the reality of their situation once
they have entered the criminal justice system. there is also a clear role for the voluntary
sector organisations who may be offering support during criminal proceedings; any
indicators picked up by these organisations should be passed to police and the prosecution
service.
‘You’re being processed through a conveyer belt, and unless you’ve
got someone to hold your hand you’re lost.’
Liz Hales, Institute of Criminology, Cambridge University, in evidence to the CSJ
as one police officer explained, if a victim is not forthcoming with the details of their situation,
and they are under arrest, “the attitude can be to ‘get them dealt with because we’ve got
three burglars coming in at lunch’”.29 the enduring challenge, as discussed in previous
chapters, is the question of how a victim can be persuaded that they are safe enough to
disclose their experience. However, a failure to disclose one’s victimisation does not diminish
the harm done to them, nor the duty owed to that victim to provide help, protection and
recovery. It is for that reason that professionals involved need to be acutely aware of the
relevant indicators and possibilities that lie behind a non-disclosing victim.
29
96
anonymous police officer, in evidence to the CsJ
the Centre for social Justice
four
4.3.4.1 The importance of non-prosecution
the Cps has in place guidance to advise on the non-prosecution of potential victims of
modern slavery, contained within its policy document on prosecuting cases of human
trafficking.30 However, this policy is not widely known about, and does not necessarily have the
reach that it needs in order to adequately inform and direct all professionals in the criminal
justice system. the CsJ has been alarmed by reports that some police and prosecutors
have neither seen nor heard of this guidance.31 policy at the centre may be developed, but
practitioners on the ground must be aware of it.
the CsJ recommends that provisions should be made for ensuring that victims of human
trafficking are not prosecuted for crimes they committed as a direct consequence of their
trafficking situation. Whilst the creation of the Cps policy has provided an invaluable step
in highlighting the responsibility of police and judiciary towards potential victims of modern
slavery, the reality is that this obligation is not being adequately implemented across the
criminal justice sector. In order to eradicate the number of gaps through which so many
victims may fall (see seven stages of identification in section 4.3.4), such a policy must apply
equally to all parts of the criminal justice system. Creating a statutory statement of policy
establishes a consistent obligation to implement the policy across all of the criminal justice
system, police, duty solicitors, prosecuting and defence advocates, judiciary and prison officers.
If the UK is to take its duty of non-prosecution of victims of modern slavery seriously, then this
statutory protection is crucial. this proposal is not a recommendation for wholesale immunity
from prosecution. Instead it creates a clear statement of the public interest that in each case
a potential victim of modern slavery deserves to have their status as victim considered and
formally identified. It is also essential that the offences for which they have been arrested
and charged are viewed and considered in light of the pressures exerted on them through
their experience of modern slavery. this recommendation also takes into account that an
appropriate threshold must be maintained so as not to create a loophole for individuals
who may seek to exploit this provision. the CsJ recommends that expertise in areas such as
domestic violence and child abuse should be considered in developing the understanding of
the coercion involved in modern slavery and the impact of this on the subsequent actions
of both adults and children. this statutory statement of policy should be included under the
CsJ’s proposed Modern slavery act, discussed in Chapter Five, section 5.7.
Recommendation:
A statutory statement of policy of non-prosecution of victims of modern slavery, creating
an obligation across all sectors of the criminal justice system, should be encased within the
Modern Slavery Act, discussed in Chapter Five, section 5.7.
4.3.4.2 Potential victims of modern slavery in prison or detention
an additional issue that has been raised is the treatment of victims of modern slavery who
have been detained or imprisoned.
30
31
Crown prosecution service, CPS Policy for Prosecuting Cases of Human Trafficking, London: Crown prosecution service, May 2011, p30
anonymous charity, in evidence to the CsJ
It Happens Here | Identifying victims
97
Jasmine
Jasmine was detained in Yarl’s Wood Immigration removal Centre for over seven weeks before
disclosing to a charity working with immigration detainees that she had been trafficked to the UK
and made to work as a prostitute, and that after some time in the trafficking situation she attempted
to leave the UK and was arrested on suspicion of possessing a false identity document. she was
convicted of this offence and sentenced to twelve months in prison. she was then detained by the
UKBa as soon as her sentence was served. Jasmine told the charity that she was often beaten up
by the man who trafficked her, and that she was suffering from pain in her legs, hands and shoulders
because of this. she also explained that she had gynaecological and stomach problems. six weeks after
being detained, Jasmine had disclosed to the UKBa that she had been trafficked and claimed asylum. a
month later, a UKBa case owner conducted an asylum interview with Jasmine. after she had been in
detention for three months, the UKBa refused an application from Jasmine’s solicitor for her release
on bail. the next day, they wrote to her saying ‘You have been identified as a possible victim of human
trafficking’ and briefly explained the process the UKBa would follow to consider her trafficking claim.
Jasmine’s Monthly progress report from the UKBa states that after a further month, her ‘asylum
application was transferred to a specialist to consider [her] case as a possible victim of human
trafficking’. after two more months, at which point Jasmine had been in detention for over six months,
a Monthly progress report from the UKBa stated that ‘Your asylum application as a possible victim
of human trafficking is under consideration and it has been agreed there are reasonable grounds to
your claim’. However, despite this, the report concluded that ‘it is considered that detention for the
purposes of deportation is reasonable’. Jasmine was not released from detention until over two weeks
after this report was written.
the UKBa document ‘Victims of trafficking: guidance for frontline staff ’ explains that an initial decision
about a trafficking claim must be made quickly: ‘the Competent authority has 5 working days from
the receipt of the referral to reach a decision. Where a case needs to be fast tracked, e.g. the person
may be detained, the Competent authority is expected to treat the case as a priority and reach the
decision as soon as possible’.32
Despite this, Jasmine was detained for over four months after she disclosed to the UKBa that she
had been trafficked, and for two weeks of the ‘recovery and reflection’ period which followed her
reasonable grounds decision.33
the CsJ received evidence to show that reasonable Grounds decisions which should take five
days to complete often take much longer when an individual is detained. some practitioners
suggested that this was due to the fact that the individuals ‘weren’t going anywhere’ so there
was no hurry to complete their referral.34 this is shocking, given that victims of modern
slavery who have been unfairly detained are in an extremely vulnerable position and should
be removed from detention or prison as soon as possible. the current delays run completely
counter to a victim-centred approach, and highlight the enduring issues of awareness of
victim rights and the need for speedy decisions regardless of the immigration status of the
individual. all potential victims of modern slavery should be treated the same, whether they
are detained, imprisoned or otherwise.
32
33
34
98
UKBa Competent authority Guidance, p27 [accessed via: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/
asylumprocessguidance/specialcases/guidance/competent-guidance?view=Binary (08/02/13)]
anonymous charity working with immigration detainees, in evidence to the CsJ, July 2012
anonymous charity, in evidence to the CsJ, July 2012
the Centre for social Justice
four
though the Cps has an agreement to ensure decisions for those detained or in custody are
made within 24 hours, the CsJ has been told that this is not happening on the ground, and
that decisions are not being made as quickly as they should be in these cases.35
Alicia
alicia was imprisoned at HMp Bronzefield after being stopped at Heathrow airport for being in
possession of false documents. after eight months in prison, she disclosed that she had been trafficked.
Her nrM referral was then submitted by a First responder. alicia had to wait for two months for
a reasonable Grounds decision. she then received a negative reasonable Grounds decision which
was contested by her lawyer. six weeks after this, alicia’s negative reasonable Grounds decision was
overturned. she was finally released from prison days later and was taken into safe accommodation.36
‘We are seeing women like this – women who have been trafficked
– every day…the offence will often take precedence over the claim
of trafficking.’
Anonymous charity working with vulnerable foreign national women in prison and detention
Recommendation:
Detained or imprisoned individuals should be removed from detention or prison upon a NRM
referral, recognising that delays in these cases are unacceptable.
4.3.4.3 Guilty pleas
the CsJ also heard worrying evidence that individuals in the criminal justice system are
advised to register a guilty plea, most commonly for reasons of speed and efficiency. However,
in cases where a person has been trafficked into modern slavery, a guilty plea is both unjust
and unhelpful; if they then wish to disclose that they have been trafficked, the guilty plea
creates a substantial obstacle, and may add to the culture of disbelief that has been cited as
prevalent among some law enforcement agencies. the CsJ has been shocked to hear that in
many cases, defence solicitors who do not understand the complexities of modern slavery, or
are working with clients who have not disclosed anything, are advising clients to submit early
guilty pleas for offences they have not committed.37
‘pretty much all of them are advised to plead guilty.’
Anonymous charity working with victims of modern slavery
35
36
37
Ibid
Case study submitted by anonymous charity, in evidence to the CsJ, December 2012
pam Bowen, strategy and policy Directorate, Crown prosecution service, in evidence to the CsJ, July 2012
It Happens Here | Identifying victims
99
the Law society has now published a practice note, which reflects the obligations of
defence solicitors in identifying victims of modern slavery who they may be representing as
a defendant when they have committed a criminal offence.38
Stacey
stacey was born in Zimbabwe but her father died when she was young and she moved to nigeria
with her mother who died two years later. stacey ended up living on the streets, where she
experienced physical and sexual abuse. she was eventually brought into the UK to do what she told
was ‘housework’ but she was actually taken to a brothel. she managed to escape from the brothel
and was able to buy false papers in order to get work. However, she was arrested in 2010 at one of
the places she found work and was detained in an immigration removal centre.39
Overall, it is clear that there is a dangerous combination of low awareness among frontline
professionals and reluctance or fear of victims to disclose their experience of modern slavery.
the CsJ is convinced that sustainable training for each of the agencies and organisations
mentioned above is of critical importance to ensure that practitioners are doing all they can to
help a trafficked victim overcome that fear and speak out about their experience. Generating a
feeling of safety, reassuring a potential victim that they are not in any trouble and helping them to
understand what is going to happen next will be key elements in working towards a disclosure.
However, the awareness of these agencies must first be raised and embedded.
4.4 Identifying child victims of modern slavery
Children from outside and within the UK are being bought, sold, transported and exploited.
Children in modern slavery are too often not identified by key agencies including the
UKBa, the police and local authorities. Fears remain about the way in which these children
are treated when they have not been appropriately identified. For those children who are
trafficked into modern slavery from abroad, their status as foreign children, often without
correct immigration documents or even identification papers, can take precedence over their
vulnerabilities and victimisation. For British children trafficked within the UK, the warning signs
may not be recognised, and the exploitation is often hidden behind difficult behaviour or
episodes of going missing that are not properly responded to.
‘people often won’t see it on their doorstep, because they don’t
think it happens here.’
Anonymous children’s charity, in evidence to the CSJ
38
39
100
Law society website, Criminal Prosecutions of Victims of Trafficking [accessed via: http://www.lawsociety.org.uk/advice/practice-notes/victimsof-trafficking/ (20/02/13)]
Case study submitted by Yarl’s Wood Befrienders, in evidence to the CsJ, July 2012
the Centre for social Justice
four
‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts
of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary
the consideration’.
nspCC has
40 suggested that a wall of silence is often present for children and young
people who have been trafficked into modern slavery:
United Nations Convention on the Rights of the Child
‘It doesn’t matter if I change my hair colour or wear something
more expensive; it [experience of trafficking into the UK] will be
with me until the day I die.’
Child trafficked to the UK41
the nspCC has suggested that a wall of silence is often present for children and young
people who have been trafficked into modern slavery:
‘On one side of the wall there are children and young people who are afraid or unable to
speak, exploited by traffickers who are skilled at remaining concealed themselves. On the
other side there can be a lack of awareness by the general public and some practitioners,
enhanced by a culture of disbelief. This culture of disbelief is invariably entwined with
questions about the age of the child or young person and their immigration status’.42
this ‘culture of disbelief ’ must be overcome if children in modern slavery are to be found
and freed.
4.4.1 Obstacles to the identification of children
‘Our project can’t help trafficked children if they cannot be
identified in the first place.’
Anonymous voluntary sector worker in evidence to the CSJ
the nature of child modern slavery means that victims are often kept away from statutory
agencies, or if seen, are conditioned to fabricate a story.43 Children who have been trafficked
will often ‘disappear’ and depending on the form of exploitation they are trapped in, will not
be visible to those who may be able to offer help. It is crucial that for those children who
are particularly hidden and at high risk of exploitation and harm, the obstacles to finding
them, protecting them and supporting them through recovery are recognised and, as far as
40
41
42
43
United nations Convention on the rights of the Child 1989, article 3
Child trafficking advice Centre, Listen to Me film, viewed July 2012
nspCC, Breaking the Wall of Silence: Practitioners’ responses to trafficked children and young people, Bedfordshire: University of
Bedfordshire, June 2009, p82
London safeguarding Children Board, London Child Protection Procedures, 4th edition, London: London safeguarding Children Board, 2010,
p252
It Happens Here | Identifying victims
101
possible, are removed. the UKBa, the police, teachers, health professionals and local authority
children’s services all have a responsibility. It is the case that ‘at one point or another, many
victims of trafficking do come to the attention of different agencies – be it social services,
schools, doctors and others… their experiences are compounded by the inability of many
practitioners they came into contact with to identify the indicators of abuse and exploitation
and to safeguard them’.44
‘even when they do alert frontline professionals including the police,
teachers and social workers, many are unwilling to help, disbelieve
the seriousness of their situation or do not know where to refer
them for advice.’
Ilona Pinter, Children’s Society, in evidence to the CSJ
4.4.2 Identification at the border: children trafficked into modern slavery from
outside the UK
Children are trafficked in modern slavery from outside of the UK, brought into the country
through airports such as Heathrow, seaports such as Dover and via rail and road routes
through the eurostar or Victoria coach station. the sheer volume of visitors to the UK every
year makes identifying potential victims extremely difficult. Dover seaport alone has almost
13 million people travelling through it every year.45 at borders such as these, the presence of
trained border staff and police to help in the identification of vulnerable children is crucial, yet
currently this presence is low at major ports such as Dover. Often the priority at such major
ports is to identify and report ‘illegals’ and terror suspects, making it difficult to go ‘hunting
for trafficking’.46
the CsJ has heard of cases of children being brought into the UK on a coach from romania,
on a plane from nigeria and on a ferry from europe having been trafficked from Vietnam.
Children will often present no signs of distress, being unaware of what is to come, and may
also have valid documents to present to the Border Force. the CsJ does not underestimate
the enormity of the challenge at our borders.
‘at the border, children often will not say anything, either because
they have no idea they are being trafficked, or they are in fear of their
situation. as such rarely would any disclosure be made at a frontier.’
Detective Inspector Keith Roberts, Kent Police Special Branch, in evidence to the CSJ
44
45
46
102
ariyo D, Child Domestic Slavery: A growing phenomenon in the UK, London: aFrUCa, date unknown [accessed via: www.afrucanigeria.org/
images/Child%20Domestic%20slavery.doc (16/01/13)]
Department for transport, Factsheet: Maritime Statistics, London: Department for transport, 2012, p1
anonymous police officer at a major port, in evidence to the CsJ
the Centre for social Justice
four
the London Child protection procedures,
which are statutory guidance, state that
‘Immigration officers are empowered to
refer children to local authority children’s
social care in the area the port is located,
if a child’s immigration documentation is
incorrect or if the officer has concerns about
the child’s welfare. However, officers have a
very limited opportunity to assess the child’s
welfare, and adults bringing children into
the country illegally are adept at concealing irregularities in their relationship with the child,
including using threats to ensure that the child presents appropriately’.47
artwork created by
trafficked children in the
netherlands
the CsJ has heard concerns registered by children’s services professionals and voluntary
sector organisations about the risks of vulnerable children being missed when they arrive at
the border. One organisation spoke of a number of cases of trafficked children with whom
they have worked, who arrived in the UK with false passports and were not identified by
the UKBa:
‘Passports can make them ten years older, then the girls are dressed up to look as
old as possible. We’ve had some passports saying they are 30, when they are actually
14’.48
some details on the correct protocol for the UKBa to follow when faced with children
who may be trafficked into modern slavery are found in the UKBa ‘Change for Children’
guidance.49 this guidance marks a positive step in engaging the Border agency in the problem
of child trafficking, and highlighting the duty of care of the Border agency and their ‘significant
safeguarding role’.50 However, this guidance must filter down to those who may be seeing
vulnerable children at the border and missing the signs.
‘the UKBa needs to do more work on understanding that these
are vulnerable kids, not just illegal kids.’
Anonymous social worker, in evidence to the CSJ
In light of the significant concealment of children arriving at the border, efforts to identify
children are failing and many ports may present an ‘open door’ to traffickers since there is
little or no child safeguarding presence, particularly with any focus on modern slavery. as part
of its evidence gathering, the CsJ visited the netherlands, where it learnt about safeguarding
at ports of entry from the charity nidos, which works in partnership with the netherlands’
equivalent of the UKBa.
47
48
49
50
London Child protection procedures, 4th edition, London: London safeguarding Children Board, 2010, p252
Vesna Hall, Young Women’s adviser, refugee Council, in evidence to the CsJ, april 2012
UKBa, Every Child Matters: Change for Children, London: UKBa, november 2009
Ibid
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Nidos – the Dutch approach
nidos is a charity in the netherlands which is mandated to take parental responsibility for every
unaccompanied child entering the country from abroad. this will include a number of children who
have been trafficked. nidos works with the border police and the immigration service to ensure that
children who are unaccompanied and vulnerable are placed in safe accommodation and effectively
protected from anyone who may wish them harm. nidos enables a multi-agency approach to children
at the border, with border staff drawing on the expertise of the nidos team to help identify children
who have been trafficked. trafficked children arriving in the netherlands will be placed in a safe house
with effective protection measures in place. these include the removal of mobile phones, no internet
access, a high staff to child ratio, a relational approach to children staying in the house and a strict
routine to help children feel safe. During its
visit to the nidos project, the CsJ was struck
by the increased accountability this system
has helped to develop in the netherlands;
the co-located team at schiphol airport in
amsterdam helps to ensure that relevant
expertise and knowledge is combined to find
an outcome that is in the best interests of
the child. nidos is responsible if a child goes
missing, meaning that placements are carefully
thought out and managed.
Decorations at the nidos
protected unit
‘Everybody has signs they are looking for. All those signals come to the Nidos team member, who sees
the child the same day they arrive. When signals point to extra vulnerability or a risk the child was
trafficked, the child will be sent to the protected shelter.’
Nidos team member, in evidence to the CSJ
However, to simply focus efforts at the borders is dangerous. any prevention efforts and
training for UKBa staff should be part of a wider approach involving children’s services and
the police. the UKBa at the border should be much more than just a point of immigration
enforcement; it is crucial that it recognises its role as a means of safeguarding vulnerable
children. a child who may have been trafficked who is identified at a border should not
be made to feel frightened, but should be protected from harm and given the support
they deserve. UKBa officers must be equipped to assist the vulnerable, not just to enforce
immigration rules.
a further problem is authorities’ disbelief of children’s stories upon entering the UK. the
consistency of a child’s story is likely to vary hugely depending on how tired the child is,
when they last had something to eat, how fearful of authorities they are and what they
have been told to say by their traffickers.51 Border officials and police must be alert to the
specific barriers to disclosure that exist for trafficked children, and there must be a more
flexible, responsive approach from these agencies to ensure a trafficked child is treated fairly
and appropriately, given their potentially traumatic and harmful experiences. social workers
51
104
a number of issues surrounding disclosures by children are explored in Children’s Commissioner, Landing in Dover: The immigration
process undergone by unaccompanied children arriving in Kent, London: Office of the Children’s Commissioner, January 2012
the Centre for social Justice
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contacted during our review discussed the need for an increased multi-agency approach,
where children’s services are included in the response to unaccompanied children, and to
those who may be showing indicators of trafficking. a good example of coordination between
UKBa and other agencies at the border, and a concerted effort to identify and safeguard
children who may have been trafficked, can be seen in the work of the paladin team, under
the Metropolitan police, which is based at Heathrow airport.
Operation Paladin
the paladin team is a joint Metropolitan police service and UKBa team, based at Heathrow and
the asylum screening Unit (asU) at Croydon. the co-located team of police and UKBa officers at
Heathrow airport has developed information-sharing protocols which mean that vulnerable children
arriving with adults at Heathrow can be identified and safeguarded.the paladin team are able to target
flights, identifying potential traffickers through gathering intelligence in partnership with the Border
agency. an example of this in practice is the ability of the team to track suspicious individuals arriving
at Heathrow with children – if the same individual tries to leave the UK without those children, paladin
is able to identify them and apprehend them before they leave the country.
the paladin team is an essential part of the UK’s response to human trafficking; a dedicated team for
the identification of vulnerable children should be a prerequisite for every major port. However, there
exist no equivalent teams at other large ports, leaving many of these exposed to use by traffickers.
though paladin has in the past acted as an informal advisory service for other ports of entry who
wish to draw on the experience of the team, this is not a sufficient response. It is essential that
cooperation and coordination is facilitated across the UK, ensuring that valuable information can be
shared, and that the developed expertise on the paladin team is not simply concentrated in one
central area.
‘The bigger airports in the UK would be naïve to think trafficking isn’t happening at their ports.’
Former Detective Chief Inspector Sue Inwood, Metropolitan Police Operation Paladin, in evidence to the CSJ
For ports operating without paladin equivalent teams, the Working Group is not able to say
how vulnerable and potentially trafficked children are safeguarded or protected. this alone is
seriously worrying.
Recommendation:
Multi-agency child safeguarding teams, modelled on the Paladin team, should be introduced
at all major ports of entry, and support, advice and training should be available to UKBA and
police at smaller ports.
4.4.2.1 Age assessments
age assessments of unaccompanied children who have arrived in the UK have been a
subject of debate for many years. It is beyond the scope of this paper to address the full
extent of issues with the process of age assessments however it is important to mention
that age assessments may be a significant element of a trafficked child’s experience in the UK.
a recent report by the Children’s Commissioner stated that ‘Many of the separated migrant
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children/young people who arrive in the UK do not hold valid documentary proof of their
age, and many find that their stated age will be disputed by either the immigration or social
services. this has led to disputes over age which have been very difficult to resolve, and have
significant ramifications for the young people involved’.52 Given that UKBa policy is to refer
any person claiming to be under the age of 18 to social services, and since police will do
the same if they identify an unaccompanied child, those conducting an age assessment are
in a prime position to contribute to spotting the indicators of modern slavery. In evidence
to the CsJ, a social worker who is experienced in conducting age assessments spoke of a
case that he missed:
‘If I had known the indicators to look for in relation to a young person
being trafficked, I would have contacted the relevant agencies and
authorities to voice my concerns that the person being age assessed
may have been trafficked. We are now becoming more aware of the
different trends and indicators to look out for.’
Anonymous social worker, in evidence to the CSJ
social workers on assessment teams who are conducting regular age assessments are wellplaced to apply learning and potentially identify trafficking risks early.
‘Before it was just a straight age assessment, but now when you look
at it you have to consider both sides – could this child have been
trafficked?’
Social worker, in evidence to the CSJ
Recommendation:
Social workers conducting age assessments should be trained to identify indicators of modern
slavery, and should know what the NRM is and how to make a referral.
4.4.3 Identification of children in modern slavery by the police
For children who are trafficked into modern slavery in the UK and who are not identified
before their exploitation takes place, the police may be the first contact a trafficked child
has with authorities. It is part of police responsibility to identify British children trafficked
into modern slavery within the UK, who are being exploited in areas across the country.
52
106
Children’s Commissioner, The Fact of Age: Review of case law and local authority practice since the Supreme Court judgment in R (A) v
Croydon LBC [2009], London: Children’s Commissioner, July 2012, p9
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Child victims may present in a variety of situations and circumstances, and there is significant
need for a universal basic understanding of the indicators. Most police areas do not have a
dedicated child trafficking unit or a specific officer responsible for cases of child trafficking.
this may be due to the fact that child trafficking represents a variety of crime types, including
sexual exploitation, neglect and forced labour, and therefore is not viewed as the remit of one
specific unit, but it is also down to the absence of direct tasking in addressing this crime: ‘Child
trafficking offences are committed at varying levels of organisations, from informal familial
offending to highly sophisticated organised crime’.53
the subtle indicators of modern slavery, and the many conflicting appearances of criminality
that may be present, cause significant challenges to the police. In cases where the child is
identified as conducting illegal activity, it is essential that the police understand the possible
risk factors associated with modern slavery and do not prosecute children who are
committing crimes only as a result of being trafficked. In evidence to the CsJ, police have
registered views that they are not always equipped to identify the hidden vulnerabilities of
children.
‘We’re experts at enforcement; we’re not experts in identifying
people who’ve been trafficked. Once they get into custody those
opportunities are limited because we’re working against the clock.’
Detective Chief Inspector Steve Jeffries, Avon and Somerset Police, in evidence to the CSJ
this underlines the essential role of multi-agency work; police, social services and the
voluntary sector must work together to ensure that potentially trafficked and exploited
vulnerable children are safeguarded and protected. an example of this multi-agency approach
can be seen in Bristol, where local anti-trafficking charity Unseen has supported avon and
somerset police to enhance their recent push on disrupting the illegal cultivation of cannabis
in the area. Details of this arrangement can be found in section 4.3.1.
Children trafficked into modern slavery within the UK may present to police in different ways,
including through anti-social behaviour such as under-age drinking, drug use or shoplifting.
evidence to the CsJ has suggested that in these cases, it is difficult for police to see past the
‘nuisance’ and understand what may be going on. past research has highlighted the dangers
of repeated episodes of petty criminality being ignored by police.54 as any parent will know,
disruptive behaviour is often a symptom not a cause, and whilst it may be unrealistic to
expect every police officer to bring that perspective fully into every case, a basic awareness
of indicators that may flag up a more serious concern should be embedded in the training
of every officer.
53
54
association of Chief police Officers/national policing Improvement agency, Guidance on Investigating Child Abuse and Safeguarding
Children, second edition, London: aCpO, 2009, p32
pearce J, Hynes p and Bovarnick s, Breaking the wall of silence: Practitioners’ responses to trafficked children and young people, London:
nspCC, June 2009
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‘Many of these children are perceived as a nuisance rather than a
risk.’
Detective Chief Inspector Steve Jeffries, Avon and Somerset Police, in evidence to the CSJ
‘police, as investigators, are looking for consistencies in stories of the
children. But you will find more inconsistencies than consistencies in
the stories of these young people – so it’s a different mind-set for
the police.’
Anonymous child safeguarding professional, in evidence to the CSJ
Recommendations:
Child Abuse Investigation Teams (CAITs) should be trained in investigations into modern slavery
and human trafficking and should recognise child trafficking as part of their remit;
Police should be tasked to proactively investigate the links between missing children and child
trafficking, given the risk factors involved. For example, the Metropolitan Police Sapphire unit
or equivalent units, which investigate rape and other serious sexual violence cases, should be
sensitised to modern slavery in order to increase detection.
4.4.3.1 Children’s mistrust of authority
In many cases, children who have been trafficked into modern slavery may have a damaging
mistrust of authorities, including the police. For children trafficked to the UK from abroad,
this may be due in part to experiences in their countries of origin where police and other
authorities might be corrupt. In one case relayed to the CsJ by an investigating police officer,
a victim told of a police officer in her home country who sold her home address to her
trafficker after she had escaped. the trafficker visited her house, beat her and left her for
dead.55 this is just one example of the justified mistrust of authority that is so prevalent
among victims of modern slavery.
‘You cannot rely on the police in my home country.’
Child trafficked into modern slavery in the UK from overseas56
this distrust may also develop as a result of the work of traffickers, who will convince their
victims that if they go to the police, they will be arrested and deported or imprisoned. the
disincentives for a child to speak out against their trafficker and alert someone to their
situation are immense, and any strategy to counteract child trafficking and better support the
victims must take this into account.
55
56
108
Investigating Officer, the Metropolitan police, in evidence to the CsJ
Child trafficked into modern slavery from abroad, in a speech to practitioners, July 2012
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Sarah
sarah was brought to the UK from eastern europe by a criminal network of traffickers who sold her
into the sex industry. In order to exert total control over her, two of sarah’s traffickers dressed as
policemen, and raped her. this instilled from the first instance an appalling and misplaced fear of the
British police and ensured that sarah submitted to the abuse that she was forced into.57
Language restrictions may also prevent a child speaking out about their experience.the extreme
vulnerability and isolation caused by the inability to speak the local language, coupled with an
entrenched fear of the police can often seem insurmountable, and children in particular are at
risk of remaining hidden simply because they are unable to communicate. a voluntary sector
worker told our review about a Vietnamese child who, when recovered from a cannabis farm
where he was being exploited, did not even know which country he was in.58 With this level of
confusion and isolation, children in modern slavery, unsurprisingly, remain hidden.
‘He was so petrified; he was not going to say anything.’
Social worker, in evidence to the CSJ
4.4.4 Identification by children’s services
Children’s services have a significant role to play in identifying children in modern slavery, yet
awareness of child trafficking and the risk indicators it may present is worryingly varied across
the country. Local authorities are a designated First responder for the nrM; they should
have awareness of the problem of modern slavery and be able to spot the signs. However
social workers often do not understand the problem of child trafficking in the context of
child abuse, meaning that in some cases ‘social workers are fearful and may shy away from
it’.59 police have highlighted the crucial role of social workers, explaining that: ‘rarely will a
child or young person approach the authorities and state they have been trafficked. We
are, therefore, reliant on professionals involved with the child or young person to carry out
effective assessments, to understand how children may be exploited and to understand that
child trafficking…is child abuse’.60
‘We’re not finding them, we’re not identifying them, we’re not
referring them; that’s the problem.’
Lynne Chitty, Barnardo’s, in evidence to the CSJ
57
58
59
60
Case study submitted by sheila taylor, Chief executive of the national Working Group for sexually exploited Children, in evidence to
the CsJ, March 2012
Voluntary sector worker, in evidence to the CsJ, september 2012
anonymous child trafficking nGO, in evidence to the CsJ, september 2011
Wood s, ‘Child trafficking investigations and prosecutions’, in p Chandran (ed), The Human Trafficking Handbook: Recognising human
trafficking and modern slavery in the UK, edinburgh: Lexisnexis, 2011, p394
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a significant factor in this lack of awareness is the shocking fact that modern slavery and human
trafficking does not feature on the curriculum for social worker training. this is ‘like training
doctors without teaching them about broken bones’.61 One social worker told the CsJ that
‘we’ve never been told about trafficking – I only looked into it as a personal interest’.62 With
this damaging low awareness from the very outset, local authorities are forced to rely upon
the unrealistic assumption that a social worker will simply be able to pick up the signs and
indicators of modern slavery and understand the nuanced issues surrounding it ‘on the job’.
ad hoc, infrequent and unmonitored training is sporadically delivered in some areas, reflecting
a complete lack of coordination. It is therefore essential that trainee social workers are taught
about the risks of child trafficking in the UK as part of their qualification, and that existing
social workers are trained effectively through an agreed programme. this training should form
part of social workers’ continued professional development. the newly established College
of social Work should be aware of the gap in training on trafficking for social workers, and
should recommend that it be added to the curriculum for student social workers.
‘In any room of 30 to 40 social workers, across the 70 local
authorities we have trained, when asked if anyone knows what the
nrM is no more than one or two will raise their hand.’
Andy Elvin, CEO of Children and Families Across Borders, in evidence to the CSJ
‘I’d never really considered child trafficking – it’s only since our
recent training that I’ve started to see it.’
Social worker, in evidence to the CSJ
‘We’ve had no training on it at all – I didn’t know what the nrM was.’
Social worker, in evidence to the CSJ
a first step to counter this unawareness would be the addition of child modern slavery to the
child protection training for social workers at university level. to expect social workers to spot
the signs of trafficking without any teaching on the subject is unrealistic, particularly in light of
the pressures already exerted upon them through their existing heavy caseload, and the time
constraints this creates.63 In a previous CsJ report on the UK care system, it was highlighted
that ‘there is a large and unacceptable gap between the service which social workers want to
be able to deliver and the reality on the ground’.64 not only does this remain the case, but
in regard to the issue of trafficking about which so little is known, many social workers have
neither the time nor the capacity to engage with it. Given that ‘the decisions of social workers
are crucial to the fortunes of children in care. they have a major impact on…who looks after
61
62
63
64
110
andy elvin, CeO of Children and Families across Borders, in evidence to the CsJ, september 2011
anonymous social worker, in evidence to the CsJ
see, for example, the Guardian, Are social workers buckling under unmanageable caseloads?, 25 January 2012 [accessed via: http://www.
guardian.co.uk/social-care-network/2012/jan/25/social-workers-unmanageable-caseloads (07/02/13)]
the Centre for social Justice, Couldn’t Care Less: A policy report from the Children in Care Working Group, London: Centre for social Justice,
2008, p88
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them…and what happens to the children when they leave care’, the absence of training on
how to deal with this specific group of vulnerable children is unacceptable.65 since the role of
the social worker is very often the front line in the protection and support of children who
need help or are at risk of abuse, the gap between the reality of modern slavery in the UK and
the understanding of social workers of this problem must be closed. Whilst this gap remains,
among some local authorities ‘there is a tendency to not acknowledge the problem…Because
often they are scared that if they acknowledge, they ought to put a response in place and
they don’t have the resources’.66 Children who have been trafficked into modern slavery may
present in a variety of ways; the most obvious issue to a border official, a police officer or a
social worker may be their behaviour, their criminality or their immigration status. However, it is
important that those whose responsibility it is to safeguard and protect children are equipped
to look beyond the ‘obvious’ and understand the complex problem of modern slavery.
Recommendations:
Trainee social workers should be taught about the risks of child trafficking in the UK as part of
their qualification, and existing social workers should be trained effectively through an agreed
programme.This training should form part of social workers’ continued professional development;
The newly established College of Social Work should be aware of the gap in training on
trafficking for social workers, and should recommend that it be added to the curriculum for
student social workers;
Training should be given to local authority Emergency Duty Teams on the risks and processes for
a trafficked child, in recognition that trafficking does not take place only during working hours.
4.4.4.1 Child trafficking is child abuse
the response to child trafficking will vary according to the child’s experiences and their support
needs. trafficking for different forms of exploitation can have varied impacts on a child, and
effective risk assessments are needed so that children can be supported and protected when
they are removed from a trafficking situation. It has become clear that too often, child victims
of modern slavery are not seen in the ‘context’ of child protection, but rather are viewed as
something ‘other’. as discussed above, in cases where the child is not from the UK, the CsJ has
heard that they may be treated first and foremost as illegal immigrants, which can easily lead
to a perception that they are less at risk, less in need of protection and less of a priority case.
‘there is a culture of disbelief surrounding children who are trafficked
to the UK from abroad. We’ve soaked up this perception that they
are here for ulterior motives; to access benefits, for example.’
Stuart Barker, social worker, Merton children’s services, in evidence to the CSJ
65
66
Ibid, p87
nspCC, Breaking the Wall of silence: practitioners’ responses to trafficked children and young people, Bedfordshire: University of
Bedfordshire, June 2009, p115
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and in cases of child trafficking that involve British children within the UK, the danger is, for
example, that they are perceived as difficult children, whose poor behaviour or episodes of
going missing – as explored below – are not seen as behaviours that warrant concern:
‘We have seen kids who are internally trafficked but are still living at
home. they can often just be seen as badly behaved.’
Anonymous children’s charity, in evidence to the CSJ
In both scenarios, the best interests of the child can easily be lost. If practitioners become
too distracted by what category a trafficked child ought to be placed into, there is a risk that
the safety of those children will be compromised. provisions under the Children act should
be drawn upon when working with a trafficked child; modern slavery must be understood
as child abuse, albeit in a form which is presenting in a slightly different way to the ‘norm’.
‘a different response is needed; being exploited by someone not in
your family has a very different impact on you.’
Anonymous children’s charity, in evidence to the CSJ
this sporadic workforce capacity must be confronted. social workers cannot fulfil their role
as First responders if many have not heard of child trafficking or modern slavery, and don’t
know what they are looking for.
4.4.5 Identification by the youth justice system
trafficked children have also been identified in the youth justice system. the CsJ has been
shocked to find that children who have been trafficked are being prosecuted for crimes they
have committed as a result of their enslavement.
‘Member States shall, in accordance with the basic principles of their legal systems, take the necessary
measures to ensure that competent national authorities are entitled not to prosecute or impose penalties
on victims of trafficking in human beings for their involvement in criminal activities which they have been
compelled to commit as a direct consequence of being [trafficked].’
Article 8, European Directive on preventing and combating trafficking in human beings and protecting its victims, 201167
“Within five minutes of meeting him in his cell, I thought ‘this is
insane I can’t believe it hasn’t been picked up before’.”
Stuart Barker, social worker, Merton children’s services, in evidence to the CSJ
67
112
article 8, Directive 2011/36/eU of the european parliament and of the Council, of 5 april 2011, on preventing and combating trafficking
in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa
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Trafficked children in the youth justice system
In 2011, a voluntary sector worker in a YOI identified 12 young Vietnamese males who had been resident
in the YOI for periods ranging from a few weeks to a year. after reading the asset records for each
young person, the outreach worker noticed several indicators of trafficking, including the routes they
had travelled by and the situations in which they had been discovered or arrested – mainly in cannabis
farms.68 With this in mind, the worker referred all 12 young people to the nrM where five subsequently
received reasonable Grounds decisions which stated that they may have been trafficked. It is unknown
how many received a Conclusive Grounds decision, but what is certain is that at least five should not
have been prosecuted in the first place.
Children (and adults) who have been trafficked into modern slavery may be arrested for a
range of offences, including causing or inciting/controlling prostitution for gain (sections 52
and 53 of the sexual Offences act 2003), keeping a brothel (section 33 or 33a of the sexual
Offences act 1956), theft (through pickpocketing or atM theft) (section 1 of the theft act
1968), or cultivation of cannabis plants (section 6 of the Misuse of Drugs act 1971). For children
being prosecuted for these offences, particularly if vulnerabilities are present – they may be
unaccompanied or speak little or no english – it must be considered that the child is not first
and foremost a young offender, but a victim of trafficking. as one prosecutor described:
‘I prosecute in the youth court and I am noticing lots of Eastern European children
who are coming in, charged with shoplifting or distraction thefts (mobile phones, ATMs
etcetera). They are not with their parents. Adults appear in court with them, who say they
are their aunt or uncle and we have no way of knowing if that’s true or not – I suspect
it’s not true. I suspect these are trafficked victims; they can’t speak English, they are 13
or 14, what on earth are they doing here? Lots of them have convictions over very short
periods of time. The police should be made aware of that. The Youth Offending Team who
are there to look after the rights of the child – if they are trafficking victims should they
be prosecuted? That’s something that we’re not picking up.’
CPS Prosecutor, in evidence to the CSJ
Low awareness or the lack of disclosure from a very frightened child creates a situation in
which children who have been trafficked into modern slavery and deserve to be protected
and rehabilitated are convicted for the very crimes they were trafficked to commit. this
will often tragically fulfil the threats of their traffickers that if they leave they will get into
trouble with the authorities. Children who are trafficked to be exploited in illegal activities
such as pickpocketing or drug cultivation may encounter law enforcement may be reluctant
to disclose the circumstances of their exploitation for fear of reprisal from their traffickers.
prosecutors should be alert then to the circumstances of their arrest and be proactive in
causing enquiries to be made.69 Our recommendations on the development of the law to
reflect the importance of non-prosecution of modern slavery victims can be found in this
chapter in section 4.3.4.1 and in Chapter Five, section 5.7.
68
69
asset is an assessment tool used by Youth Offending teams for all young offenders who come into contact with the criminal justice
system. It aims identify factors or circumstances which may have contributed to their behaviour; Ministry of Justice website [accessed
via: http://www.justice.gov.uk/youth-justice/assessment/asset-young-offender-assessment-profile (08/02/13)]
Crown prosecution service, CPS Policy for Prosecuting Cases of Human Trafficking, London: Crown prosecution service, May 2011, p31
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the living conditions of a
Vietnamese minor trafficked
into a cannabis farm in
the UK
“If these children are trafficked…they shouldn’t be prosecuted.
I don’t know if that question is coming to anyone’s attention. It’s
something, on the ‘shop floor’, I’m noticing more and more…it’s not
being picked up, and I’m not sure it is on anyone’s radar.”
Cara Pickering, CPS Prosecutor, in evidence to the CSJ
the seven stages of identification in the criminal justice system, discussed in section 4.3.4, are
equally applicable to children, and awareness of these stages must extend throughout the
youth justice system if children trafficked into modern slavery are to be saved from falling
through the net to serve prison sentences which they have not warranted.
Benefit fraud investigation
the CsJ welcomes the move, under the new Universal Credit system, to combine the benefit fraud
investigation teams of the HMrC and DWp and local authorities into a single Fraud Investigation
service (sFIs).70 this move may go some way to ensuring that those trafficked for benefit fraud are
better identified by the teams investigating benefit fraud. the CsJ recommends that human trafficking
and modern slavery forms part of the training for Fraud Investigation Officers in this new unit, to
better equip those who are visiting houses and checking benefits. this development may also help to
avoid silos of information about benefits existing between government departments. It is important
that, as well as tackling benefit fraud to save money, it is also recognised that vulnerable people can be
exploited through benefit fraud and must be safeguarded.
Help has previously been given by HMrC to police investigating trafficking for benefit fraud; in 2011 a
gang of polish traffickers were investigated for trafficking over 230 victims to the UK to claim benefits
in their names, and then leave them destitute. Over £2 million was claimed until the criminal enterprise
was disrupted through a joint investigation by the Metropolitan police, HMrC and the polish police.71
70
71
114
Department for Work and pensions, Single Fraud Investigation Service: Equality Impact Assessment, London: Department for Work and
pensions, October 2011
the Daily Mail, Polish gang trafficked more than 200 people to Britain to claim £2m in illegal benefits, 3 november 2011 [accessed via:
http://www.dailymail.co.uk/news/article-2056967/polish-gang-trafficked-200-people-Britain-illegally-claim-2m-benefits.html (14/01/13)]
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Recommendation:
Fraud investigation officers in the new SFIS should be trained to identify the indicators of modern
slavery during checks for benefit fraud.
4.5 The NRM for children
Once awareness has been raised and the agencies mentioned above have been effectively
trained to understand that child trafficking is child abuse and must be identified, a further
element of the identification of victims lies in the nrM. For many working with children,
‘awareness of the nrM is still limited amongst some agencies and as a result, not all cases
are referred to the nrM’.72 One voluntary sector organisation working with women and
children who have been trafficked stated that “it’s disconnected. there is a lot of stuff that’s
been produced, but the reality when you get out in the field and talk to practitioners
on a local level – it’s a blank. You say ‘national referral Mechanism’ and they say ‘what’s
that?’”73 Unlike for adults, where consent must be given for a referral, a child’s consent is
not required.
‘How does the nrM work? It’s something we never use.’
Anonymous child safeguarding practitioner
‘What’s the nrM?’
Trainee social worker, Bristol
‘Current protocols are so fixed in their mind – it’s hard to
understand there is another process: the nrM.’
Lynne Chitty, Barnardo’s, in evidence to the CSJ
4.5.1 Lack of incentive to refer to the NRM
available statistics for January–september 2012 show that only 37 out of a
total of 433 local authorities across the UK made any referrals of children
to the nrM.74 Quarterly statistics over this period show no increase in the
number of local authorities making a referral.75
72
73
74
75
Child exploitation and Online protection Centre, Child Trafficking Update, London: CeOp, October 2011, p5
anonymous voluntary sector worker, in evidence to the CsJ, 18 October 2011
Local Better regulation Office, Mapping the Local authority regulatory services Landscape, november 2009, p2 [accessed via: http://
www.lbro.org.uk/resources/docs/mapping-p3-info.pdf (17/01/13)]
UKHtC published nrM statistics [accessed via: http://www.soca.gov.uk/about-soca/about-the-ukhtc/national-referral-mechanism/statistics
(06/01/13)]
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a recent snapshot survey of the responses of London safeguarding
Children Boards to child trafficking has indicated that only a minority of
identified cases of child trafficking were referred to the nrM.76
For those practitioners who are aware of the nrM, the CsJ has been told that the most
significant obstacle is the lack of perceived benefits in a referral to the nrM.
‘a lot of people feel that the nrM is purely for statistics and
doesn’t benefit the young person…there have been times when we
have felt it’s not in the child’s best interests to make a referral.’
Manager of local authority services for asylum-seeking children in a London borough, in evidence to the CSJ
this is an understandable perception; provision of care and support for children who have
been trafficked into modern slavery is not contingent upon a positive reasonable Grounds or
Conclusive Grounds decision from the nrM since local authorities are under a duty to protect,
support and accommodate vulnerable children no matter what their status or experience.
In terms of the outcomes, therefore, a positive nrM decision does not appear to offer any
immediate benefits to the child. Whereas for adults who are referred to the nrM, a positive
reasonable Grounds decision will allow them access to support measures they would not
otherwise be entitled to, this is not the case for children.the nrM is therefore often perceived
as ‘another horrible form to fill out’ which will have no bearing on the outcomes for the child.77
‘What we always say is do the social work thing first. Make sure the
child protection meetings are taking place. Make sure the child or
young person is in a safe place. that [nrM referral] is the last thing
on your list until you’ve got the information…it can take time for a
child to disclose.’
Anonymous child trafficking NGO, in evidence to the CSJ, September 2011
It is vital that practitioners understand the importance of making a referral to the nrM,
despite the lack of apparent tangible and immediate benefits. nrM referrals will continue
to build up a picture of offender profiles, trafficking patterns and forms of exploitation, and
will contribute to a more strategic approach to tackling the crime. the understanding of the
nrM as a separate and unrelated system is unhelpful, and damages the national picture of
child trafficking since not all children showing indicators of trafficking are being referred to
76
77
116
snapshot survey of 14 London LsCBs (16 did not respond), spring 2012
Lynne Chitty, Barnardo’s, in evidence to the CsJ, april 2012
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the nrM. a referral to the nrM should also enable a child to access the therapeutic and
recovery support that they may need; this is explored further in Chapter six, section 6.14.
some practitioners have expressed fear that, for children who are also subject to immigration
proceedings, the unhelpful links between the nrM and the UKBa may lead to an unfair
decision for the child. In practice, the systems are so interlinked that many practitioners
are not confident that the decisions will be kept separate. the CsJ shares this concern, and
addresses it further in Chapter three, section 3.6.78
‘at the moment you are in a situation where children’s services are
having to try and feed in the child protection elements to the UKBa
Competent authority and UKBa staff are not fully trained to deal
with children. First and foremost child trafficking is a child protection
issue so UKBa should feed into a decision which is essentially made
by child protection professionals. the present system is immigration
first and that is wrong.’
Andy Elvin, CEO of Children and Families Across Borders, in evidence to the CSJ, February 2012
Competent Authorities and children
at present, Competent authorities who may have no background in child protection are making decisions
over whether a child has been trafficked. Competent authorities will have only been subject to the brief
Competent authority training on making decisions for minors and are not required to have any other
expertise in dealing with children. some UKBa Competent authorities have attempted to compensate
for this lack of expertise by ensuring, where possible, that asylum case owners who have been trained to
deal with children are allocated as Competent authorities for trafficking cases involving minors.
It is the recommendation of the CsJ that a multi-agency team of experts including representatives
from children’s services forms the sole nrM Competent authority, bringing independence and
balance to each decision and ensuring that experts on children are contributing to the decisionmaking process.78
Recommendations:
All children showing indicators of modern slavery should be referred to the NRM;
The UKBA should not be a Competent Authority for the NRM; all NRM decisions should be
made by one Competent Authority, and should have formal and sustained input from child
safeguarding practitioners.
78
For details of the Working Group’s recommendation on a single Competent authority, see Chapter three, section 3.6
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4.6 The role of Local Safeguarding Children Boards
‘anyone who says [child trafficking] is not happening on their patch
is, I think, being naïve, or perhaps they are not looking hard enough.’
Mark Braithwaite, Independent Chair of Middlesbrough Safeguarding Children Board79
Local safeguarding Children Boards (LsCBs) are in a helpful position to tackle the problem
of child trafficking at a local level. LsCBs are statutorily obliged to coordinate the work of
their members – children’s services, police, health services and others – in safeguarding and
promoting the welfare of children in their area. Given that LsCBs bring a range of practitioners
together under a multi-agency model, it is essential that every independent LsCB chair
is aware of the risks of child trafficking and that this problem is factored into any LsCB’s
strategic local plan. the Department for education guidance on safeguarding children who
may have been trafficked states that: ‘LsCBs may wish to establish a sub-group specifically to
deal with trafficking’.80 Whilst this may not be necessary in every LsCB area, it is imperative
that trafficking awareness is improved among LsCBs and that there is an awareness of the
indicators of trafficking and the risks a trafficked child is exposed to. according a recent
snapshot survey of a number of London LsCBs, only one LsCB which did not have a child
trafficking subgroup had identified any cases of child trafficking.81
‘We all sit in our own agency and have our own policies and
practices and each agency doesn’t know what practices are ongoing
in the other agencies.’
Lynne Chitty, Barnardo’s, in evidence to the CSJ
the CsJ highlights the approach of Hillingdon LsCB, which has a combined subgroup for
missing children, child sexual exploitation and child trafficking, recognising that children may
be subject to all of these abuses and risks.82
the London safeguarding Children Board Child trafficking toolkit is widely cited as a valuable
resource for identifying, safeguarding and protecting trafficked children. there is a pressing need
for specific awareness-raising on this subject before child trafficking can be subsumed into ‘normal
practice’ for professionals. LsCBs in the London area have implemented the toolkit sporadically,
leading to a continued range of responses among children’s services. Of the 43 per cent of
79
80
81
82
118
Mark Braithwaite, Independent Chair of Middlesbrough safeguarding Children Board, quoted in the northern echo, Paying the price of
child sex trafficking, 10 april 2012 [accessed via: http://www.thenorthernecho.co.uk/news/local/durham/9639096.paying_the_price_of_
child_sex_trafficking/ (16/01/13)]
Department for education, Safeguarding children who may have been trafficked, London: Department for education, 2011, p11
snapshot survey of 14 London LsCBs (16 did not respond), spring 2012
Further information on Hillingdon’s trafficking, exploitation and runaways subgroup can be found on the Hillingdon Borough website
[accessed via: http://www.hillingdon.gov.uk/article/16456/LsCB-trafficking-exploitation-and-runaways-sub-group (04/09/12)]
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London safeguarding Children Boards that responded to a recent snapshot survey, 57 per cent
had implemented the London safeguarding trafficked Children toolkit and Guidance and 36 per
cent had developed a child trafficking subgroup. 57 per cent had appointed a ‘local trafficked
children lead’.83 a standardised approach is required, so that all local authorities recognise the
risk to children who have been trafficked into modern slavery, and implement the appropriate
safeguarding and protection measures. the current national inconsistency of responses is not
only problematic in terms of recognition of modern slavery as a serious problem, but also makes
cross-authority cooperation difficult given the wide-ranging levels of awareness and response.
Recommendations:
All LSCBs should be aware of the issue of modern slavery and the risks that it may be hidden
within their region of responsibility;
LSCBs should consider creating a combined subgroup for missing, runaway and trafficked
children, in recognition of the many links between these issues and to guard against the creation
of silos of information.
4.7 The obligation to identify
In view of the worryingly varied practice in identification of modern slavery victims around
the country and across various sectors, the CsJ believes that the most effective way to
bring about a standardised national effort to identify victims of modern slavery and human
trafficking and investigate the circumstances of their victimisation is to enact the responsibility
to do so in statute. the CsJ recommends that this obligation be included under the Modern
slavery act, explored in Chapter Five, section 5.7. this would clarify the obligations to which
the UK is already subject through the european Convention on Human rights (eCHr) and its
associated case law.84 existing case law makes it clear that ‘the requirement to investigate does
not depend on a complaint from the victim or next-of-kin: once the matter has come to the
attention of the authorities they must act of their own motion’ (emphasis added).85 recognition
of the positive obligations on all arms of the state to take action to find out whether an
individual has been a victim of modern slavery is the foundation of an effective strategy to
tackle the problem in the UK. It provides a focussed and unambiguous obligation upon which
all agencies’ national policy and implementation should be built. enshrining this obligation in
law would help to bring focus to those on the frontline who may be seeing indicators of
modern slavery and may not be sure about their responsibilities.
Recommendation:
The obligation to proactively investigate indicators of modern slavery should be outlined in
statute, under the new Modern Slavery Act.
83
84
85
snapshot survey of 14 London LsCBs (16 did not respond), spring 2012
the european Convention on Human rights [accessed via: http://www.echr.coe.int/nr/rdonlyres/D5CC24a7-DC13-4318-B4575C9014916D7a/0/Convention_enG.pdf (10/02/13)]
european Court of Human rights, Case of Rantsev v Russia and Cyprus, strasbourg, January 2010, paragraph 288
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4.8 Identifying British children trafficked within the UK for sexual
exploitation
In 2011, 42 per cent of the UK citizens who were trafficked were girls
trafficked for sexual exploitation.86
there is increasing shocking evidence of the sexual exploitation of British children who are
trafficked within the UK by organised or semi-organised gangs, groups and networks. the recent
exposure of child sexual exploitation rings in the UK – in rochdale, Oxford and, most recently, in
essex and east London – have shed some light on this form of abuse, though it remains largely
hidden from view. the emerging evidence shows beyond doubt that modern slavery is not only
about international borders. UK-born children are also being targeted and enslaved.
‘the controls I have seen exerted on British children who have
been trafficked for sexual exploitation are virtually the same as
those I see on adult victims who are trafficked to the UK from
abroad for sexual exploitation.’
Mike Hand, former Tactical Adviser on child trafficking cases at the UK Human Trafficking Centre, in evidence to the CSJ
Jess and Hannah
Jess and Hannah were at school when their exploitation began. a small group of young men began to
flatter and treat them, and convinced the girls that they were in love. Before long, the girls began to
be pressured and forced into performing sexual acts on the young men and their older friends. One
weekend, the girls were driven to a flat and told that they must have sex with whoever arrived at the
property. Jess was menstruating, and so was forced to sit outside the room. Hannah had no option and,
over the weekend, was raped by 90 men. Both of these girls were victims of trafficking within the UK. 87
4.8.1 The law
the CsJ has heard worrying reports that in cases involving this form of modern slavery, the
laws on human trafficking for sexual exploitation under section 58 of the sexual Offences act
2003 are not being used. this is largely due to a low awareness of the offence and a significant
misunderstanding that human trafficking is only an international crime. the CsJ considers it
essential that the laws on human trafficking in the UK are recognised as relevant in cases such
as these. For the victims, support should be available under the Council of europe Convention
86
87
120
UKHtC, A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011, Birmingham: serious Organised Crime agency,
august 2011, p4
Case study submitted by Mike Hand, former tactical adviser on child trafficking cases at the UK Human trafficking Centre, in evidence
to the CsJ, november 2012
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through the nrM for potential victims of trafficking. In cases such as the exploitation ring
in rochdale, victims who were recruited through a process of grooming, deceit and the
exploitation of vulnerability, were moved around the UK and sexually exploited. the children
involved, therefore, were victims of modern slavery and deserved to be recognised as such. a
number of the perpetrators were found guilty under section 58 of the sexual Offences act
2003, which refers to the intentional arrangement of travel within the UK in order to sexually
exploit, or for somebody else to sexually exploit.
The Sexual Offences Act 2003
Section 58 – Trafficking within the UK for sexual exploitation
1. a person commits an offence if he intentionally arranges or facilitates travel within the United
Kingdom by another person (B) and either—
(a) he intends to do anything to or in respect of B, during or after the journey and in any part of the
world, which if done will involve the commission of a relevant offence, or
(b) he believes that another person is likely to do something to or in respect of B, during or after the
journey and in any part of the world, which if done will involve the commission of a relevant offence.
2. a person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not
exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Under section 58 of the sexual Offences act, a child does not have to be trafficked across
a border and trafficking does not only involve non-UK nationals. this has not yet been
adequately understood across the UK.
‘Members of the public and even some police officers would take
the view that grooming takes place on the internet and trafficking
takes place abroad.’
Detective Sergeant Mark Whelan, Lancashire police, in evidence to the CSJ
though in some cases there may be other relevant offences which police will choose to
investigate – such as rape – the low awareness of the section 58 offence means that this
useful tool to drive investigations and secure convictions is not being used.
the verdicts in May 2012 in rochdale, where nine men were convicted of running a child
sex ring in the region, marked the first successful prosecutions for trafficking within the UK
for the purposes of sexual exploitation where the victims were British children.88 this is a
88
Five of the nine men were convicted for human trafficking offences; the Daily telegraph, Rochdale grooming trial: gang convicted for sex
trafficking, 8 May 2012 [accessed via: http://www.telegraph.co.uk/news/uknews/crime/9239126/rochdale-grooming-trial-gang-convictedfor-sex-trafficking.html (08/05/12)]
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significant step forward for the courts in their understanding of child sexual exploitation
and the seriousness of human trafficking, and exposes a worryingly under-recognised
crime. Media coverage of this case, informed by police reports, still however described the
offences as ‘grooming’, highlighting the continued misunderstanding of human trafficking –
which is modern slavery – in wider society and the lack of public recognition of this form
of criminality.
‘trafficking legislation is still not being used as much as it could be.’
Sue Berelowitz, Deputy Children’s Commissioner, in evidence to the CSJ
‘trafficking legislation doesn’t have to be used on its own, but it’s
a useful tool. the awareness needs to be there so that it can be
utilised effectively.’
Sheila Taylor, Chief Executive of the National Working Group for Sexually Exploited Children, in evidence to the CSJ
Recommendation:
Human trafficking, and the relevant legislation under section 58 of the Sexual Offences Act
2003, should be more widely recognised in cases of organised sexual exploitation of British
children. The relevance of this legislation should be more widely understood, and used as
another tool to better understand the experience of the victims and the criminality of the
perpetrators.
4.8.2 Further issues
4.8.2.1 Family background
the CsJ has been given evidence which shows that in numerous cases of this kind, the
children involved are not in local authority care. there are examples of children from
stable, loving backgrounds being drawn into exploitation and trafficked into modern slavery
within the UK; this crime does not only victimise children in the care system. Common
across almost every case is a perpetrator’s exploitation of vulnerability. this may be the
child’s family background, low self-esteem or confidence, or simply the fact that they have
become friends with a group of girls at school who may already be suffering this form
of exploitation. there is a danger that unhelpful stereotypes implying that only children in
care can be trafficked into modern slavery will mean that child safeguarding practitioners
miss the signs of this abuse taking place against children who live at home. the charity pace
(parents against Child sexual exploitation) has done effective work in ensuring that, where
possible, parents are involved as active partners alongside police and social care as a key
part of tackling the problem, including bringing the criminals to justice. pace champions
the view that affected parents are more than victims; they are primary carers with vital
122
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knowledge and experience, both of their child and often of the offenders.89 Joanna’s
experience reflects the vital role of parents in tackling this form of modern slavery.
Joanna
Joanna was a happy teenager in a family in the north of england. she was the youngest of three
siblings, and always found school much harder than her brothers. It was when she started getting into
trouble at school that she first met her boyfriend. they quickly became close, and Joanna spent a lot
of time with him and his friends, some of whom were older. soon some of her friends from school
also started to hang around with the group too. the men would give the girls alcohol and sometimes
even drugs. Joanna’s boyfriend was flattering and friendly, and was even welcomed into her family’s
home, regularly visiting the family for a cup of tea. It was not long, however, before Joanna’s boyfriend
and his friends began to be more demanding. they began to tell Joanna’s friends to do things they
did not want to do; the girls were forced to have sex with Joanna’s boyfriend and whoever else he
told them to. they were taken to different parts of the country to ‘parties’ where they were sexually
abused. thinking that they had no choice, some even acting out of love, Joanna’s friends kept doing
what they were told. By now, Joanna was failing at school, was repeatedly absent from lessons, and
had begun to dress very differently, wearing clothes her parents didn’t recognise. she would also come
home from a ‘date’ with expensive-looking presents. she would slip out of the house late at night to
see her ‘boyfriend’. though Joanna’s parents were a little worried, this seemed like normal ‘rebellious
teenager’ behaviour. some of Joanna’s friends would go missing for days, being taken to different towns
to be exploited by other men.
Joanna’s parents were oblivious to the cause of Joanna’s change in behaviour, until one evening, during
work for a nightclub outreach project that Joanna’s parents were involved in through their church,
they met a police officer who was also involved in the outreach. He told them of a ‘prostitution
ring’ that was being investigated. the police officer pointed out some of the perpetrators who were
leaving the club, and Joanna’s parents realised that these were some of the boys and men who had
visited their home, and who had sat down and chatted with them at their kitchen table. Joanna’s
parents went to the police, but support was difficult to find. With the help of her parents, Joanna
broke off her relationship, and encouraged her friends to do the same. at this point, the family
began to receive threatening phone calls, and cars would appear and wait outside their house for
long periods of time.
‘As she tried to find a way out, our household came under threat.’
as time passed, Joanna’s mother became increasingly frustrated with the lack of action and went again
to find help from the local authority. By now, Joanna was almost 18. It was then that Joanna’s mother
was told that the council-led child safeguarding team had known about her daughter for two years.
However, she was told that, since Joanna was almost 18, it was no longer an issue of child protection
and the team, in their own words, ‘had not failed’. as a result of this response, Joanna’s mother began
to look for help elsewhere. When Joanna was finally free from the abuse, her recovery was slow. she
struggled to find appropriate mental health help. she relied a lot on her parents to help her move
forward and rebuild her life.
‘Her dad was instrumental in teaching her to love herself again.’ 90
89
90
pace representative, in evidence to the CsJ, January 2013
Case study submitted to the CsJ by the mother of a victim of internal trafficking, October 2012
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4.8.2.2 Hotels
the CsJ has heard disturbing reports of the use of hotels as venues by those trafficking
children for sexual exploitation. Of particular risk are the continental-style hotels which
have no reception staff, where check-in is automatic and there is very little monitoring
of guests and no accountability. In several cases reported to the CsJ, British children
trafficked in the UK have been abused in hotel
rooms; in one case the police were able to
apprehend a perpetrator in a hotel room with
a 14-year-old victim.91 It is therefore essential
that hotel staff are sensitised to issues of sexual
exploitation and child trafficking, and are able
to spot the indicators that a child arriving in
the hotel may be at risk. the national Working
Group for sexually exploited Children (nWG)
has developed the ‘say something if you see
something’ campaign in partnership with the
Children’s society and other organisations to
raise awareness of the issue amongst those
working in the hospitality industry. the CsJ
recommends that prominent hotel chains in the
UK take up the campaign, leading the way for
smaller chains to follow suit.
Recommendation:
Hotels should be helped to recognise the need to raise staff awareness of the problem of child
trafficking, and should take up the ‘Say Something if you See Something’ campaign launched by
the National Working Group for Sexually Exploited Children and the Children’s Society.
4.8.3 Investigating and prosecuting cases of internal trafficking
Human trafficking offences can help to reflect the full extent of the crime that has been
committed; understanding the nuances of this offence will help to inform the way it is
investigated. the maximum sentence for human trafficking is 14 years, which goes some way
to reflect the seriousness of the crime. recognising the organised crime element of these
cases will also help resourcing and prioritisation among police, who have reportedly not given
cases of internal child trafficking the attention they deserve due to a lack of understanding,
or the pressure of local priorities. the CsJ has heard anonymous evidence that the focus
of some police on remit and performance regimes means that cases of trafficking may be
missed by police units who do not see the problem as part of their ‘territory’. recognising
the organised criminality often involved in this form of sexual exploitation will force chief
constables and police and Crime Commissioners to take the problem seriously in their area.
91
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anonymous police officer, in evidence to the CsJ
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Once the organised criminality of these cases is better recognised, the potential harm to a
number of children will also be appreciated, ‘forcing’ this problem higher up the agenda for
chief constables who have a safeguarding responsibility in their force area. Understanding
that perpetrators may form a network will influence police investigations and lead to a more
appropriate national response. this should involve effective intelligence sharing between
forces and regions. this will also help to ensure that police forces do not miss links to other
regions and areas in the country, where children may be being moved and exploited. Local
safeguarding Children Boards must also recognise the criminality of these cases and use their
position as a multi-agency forum to share information with the police and enable all agencies
to begin to look at the problem.
4.8.3.1 National direction to tackle the internal trafficking of British children
the CsJ has received reports of a worrying lack of support to police forces on the internal
trafficking of British children into modern slavery. Given the complexities of this crime and
the often misleading behaviour of many of its victims, this is an area where most forces need
a substantial level of guidance.92 For example, they need to be equipped with the knowledge
of the section 58 offence under the sexual Offences act 2003, be aware of the nrM and
know how to make referrals of British children.
Yet instead of receiving that necessary support, the CsJ has learnt that police forces often do
not even know who they should turn to for guidance and support. some look to UKHtC,
whilst others look to the Child exploitation and Online protection Centre (CeOp).
Furthermore, regardless of which agency they turn to, forces are getting little help as neither
agency seems to have the necessary expertise. this is largely as a result of recent resignations
and roles not being filled after staff have left. For example, there is no longer a dedicated
lead on child trafficking at CeOp. the link on CeOp’s website page which is dedicated to
child trafficking no longer holds any content at all, and previous child trafficking updates from
CeOp have made no mention of the problem of British children being trafficked.93
there is also a pressing need for internal trafficking to be recognised as a serious threat to the
safety of children in Britain. In evidence given to the CsJ, one source described how a lack of
support and guidance on these issues was failing internal trafficking victims:
‘I am aware of forces that have potentially got multiple internal
trafficking victims; three figure numbers. they suspect they are there,
they suspect they are being exploited, and they are struggling to act
because of a lack of knowledge, understanding and expertise, and
budgetary, resource and priority constraints.’
Anonymous child trafficking practitioner, in evidence to the CSJ
92
93
In several cases the CsJ has been told that trafficked children often appear ‘naughty’, commit petty crime and run away from home or care
the CeOp website contains a link to its ‘Child trafficking Unit’. at the time of printing, following this link results in a ‘page not found’ alert
[accessed via: http://ceop.police.uk/404.aspx?aspxerrorpath=/about-Us/~/link/d77f7fda88cb42b6ab1e123c0a436667.aspx (13/02/13)]
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although the Government has recently stated that: ‘the UK recognises the inherent links
between child sexual exploitation and child trafficking and is seeking to strengthen its
response in both regards to protect children from those who may seek to exploit or abuse
them’, the CsJ has yet to see the impact of this ‘strengthened response’.94
the CsJ therefore calls on the Home secretary to ensure that the newly formed national Crime
agency (nCa) takes the lead on the internal trafficking of British children for sexual exploitation
and that the issue is given the attention it deserves. It is crucial that the nCa contains the
necessary expertise and experience to support the police in tackling this important issue.
Recommendation:
The Home Secretary should ensure that, as part of the remit of the newly formed National
Crime Agency (NCA), the internal trafficking of British children is considered a priority issue.
This will involve ensuring that the necessary expertise and experience is brought into the NCA,
and that clarity is brought to the remit of both CEOP and the UKHTC as a result.
Lancashire Police – ENGAGE Team
the enGaGe project was developed by Lancashire police as a multi-agency approach to child sexual
exploitation. It is an excellent example of the impact of multi-agency working. the team is co-located,
meaning that a social worker, a youth worker, a nurse, a voluntary sector organisation working to
support the parents of sexually exploited children, representatives from a drug and alcohol service
and police are housed in the same office, and are able to share information in a way that enables
proactive investigation and safeguarding.
‘The only solution is to co-locate. It means that information-sharing goes from being the main problem
to being no problem at all.’
Detective Sergeant Mark Whelan, Lancashire police, in evidence to the CSJ
prior to enGaGe’s establishment, Blackburn had dealt with one case of sexual exploitation. now,
the enGaGe team identifies around 40 suspects per quarter, with around ten of these resulting in
prosecutions. a key area of work for the enGaGe team is its preventative work in schools. enGaGe
works in nine out of the 11 schools in the local area, running group sessions with children who are
vulnerable to sexual exploitation.
‘Each agency working independently has been proved not to work. To the girls, the police are not to be
trusted but the offenders are; unless you can change that perception you’re going to lose straight off.’
Detective Sergeant Mark Whelan, Lancashire police, in evidence to the CSJ
the team also uses the sessions it runs at schools to pick up information and intelligence on
perpetrators. the school sessions ensure an increase in awareness of and resilience to exploitation
among the pupils, and also help to gather evidence. this is increasingly saving costs, since police are
able to take the information gathered during these sessions and begin investigations, without receiving
a ‘full blown referral’ of a child who is being sexually exploited.
94
126
Inter-Departmental Ministerial Group on Human trafficking, First annual report of the Inter=Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012, p59
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the CsJ has also heard alarming reports that in cases such as these, financial investigations
into the possible profits made by the perpetrators who are trafficking girls within the UK are
not always conducted, leaving a gap in intelligence in relation to the ‘profitability’ of this type
of crime.95 Due to the often short timescales of operations of this kind, the financial side of
the investigation may not be a high priority.
Recommendation:
Multi-agency policing teams should be established in every region, based on the ENGAGE model
in Blackburn, where co-located professionals share information in order to tackle child sexual
exploitation, which may be linked to internal trafficking.
4.8.3.2 The NRM for internally trafficked children
the CsJ has heard worrying evidence that British children may not be referred to the nrM
because of a misunderstanding that the nrM is only relevant for non-UK national children.
this is not the case, and it is important that children in these cases are referred to the
nrM as victims of modern slavery so that they are able to access support and counselling
which is appropriate to their particular needs. though Chapter six, section 6.14 highlights
the fact that these services are very limited at present, the CsJ recommends that access to
tailored support is increased. When this happens, a nrM referral will help a child to access
these tailored services. the emotional and psychological consequences of trafficking upon a
child are very different to those attached to familial abuse or grooming, and any therapeutic
response to these children must reflect this.
‘It’s not just about what it’s called, for the sake of terminology, but
it’s how we respond to it – the word denotes the response.’
Anonymous child safeguarding practitioner, in evidence to the CSJ
‘the trafficking legislation will be one of the most useful tools for us,
if we can get it to be understood.’
Anonymous child safeguarding practitioner, in evidence to the CSJ
the CsJ has also heard, anecdotally, that in some cases a nrM referral can help to develop
the view of the children as victims, and not in some way responsible for their own abuse.
too often in cases of this kind, a child’s consent is raised as a defence for perpetrators.
Understanding that a child has been a victim of modern slavery may help to counter this
view, particularly during the investigation and trial of perpetrators. Further, the CsJ has heard
evidence that in cases where a nrM referral is made by a non-police First responder, this
referral may help to initiate action on the part of police, once they have been informed that
a child in their area has been a victim of trafficking. the need for better information sharing
from the nrM is explored further in Chapter Five, section 5.4.2.
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sheila taylor, Chief executive of the national Working Group for sexually exploited Children, in evidence to the CsJ, March 2012
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4.8.3.3 Consent and compliance
the CsJ has been alarmed to learn that some children involved in cases of internal trafficking
are viewed as being complicit in their exploitation. though some young girls may choose to
wear clothes that make them look older or stay out late at night, this is not a defence for the
actions of perpetrators; children cannot consent to their own abuse. In the Deputy Children’s
Commissioner’s recently published inquiry into the sexual exploitation of children in gangs
and groups, a ‘confused and inconsistent understanding…of the concept of consent to sexual
activity’ was identified.96 these misunderstandings are prevalent and children who may not ‘look
like’ victims are at risk of being ignored or misjudged: ‘Children and young people tell us that they
are often misunderstood and often sometimes blamed by professionals for putting themselves
in risky situations such as running away from home or care to be with their abusers’.97
these misunderstandings are a significant barrier to addressing the problem. It is crucial
that the difference between compliance and self-preservation is understood. the CsJ has
been told that in one case, a Crown prosecution service worker involved in a case of child
trafficking claimed that because the child had given her abusers a condom, she was compliant.
this is a gross misunderstanding of the survival mechanisms that a child will employ to protect
themselves from further harm.
“nobody really asks ‘what are the consequences of saying no?’ One
girl I spoke to said ‘no’ to giving oral sex to an older man. He pulled
her down the stairs, face first. Would she say no next time? Is her
friend who was watching going to say no?’”
Sheila Taylor, Chief Executive of the National Working Group for Sexually Exploited Children, in evidence to the CSJ
elements of control can be subtle and difficult to identify, and must be recognised in these cases.
this control frequently takes the form of violence, often sexual violence and rape, or other
physical or emotional abuse, threats of violence towards family members or of public shaming
– perhaps by the publication of humiliating photographs of the abuse that has taken place. In
the midst of such abuse, one individual may play ‘good cop’, thus becoming the victim’s main
controller through a misplaced loyalty or the semblance of a relationship. this often means that
the victim is beholden to the perpetrator’s demands, however abusive, demeaning or illegal. It
is crucial that practitioners are able to identify and respond to this means of facilitating abuse.
‘this is not a consensual relationship. He is not her boyfriend; when
was the last time he took her for dinner or to the cinema? It is not a
normal relationship in the context of the boyfriend/girlfriend model.’
Mike Hand, former Tactical Adviser on child trafficking cases at the UK Human Trafficking Centre, in evidence to the CSJ
96
97
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Berelowitz s et al, The Office of the Children’s Commissioner’s Inquiry into Child Sexual Exploitation in Gangs and Groups: Interim Report,
London: Office of the Children’s Commissioner, november 2012, p47
nichols p, Director of Children and Young people services, the Children’s society, quoted in Department for education, Tackling child
sexual exploitation action plan: Progress report, July 2012, London: Department for education, July 2012, p6
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4.9 Conclusion
the UK has a responsibility to identify victims of modern slavery. at present, it is ill-equipped
to ensure that victims are given every possible opportunity to speak out and disclose their
experiences. there is a pressing and urgent need for greater awareness of this problem.
a damaging misinterpretation of modern slavery as primarily an issue of immigration has
hindered the UK’s response, and it is crucial that this perception is challenged. Frontline
agencies such as the police, the UKBa and social services must be empowered and trained
to recognise the indicators of this appalling abuse and safeguard those who are subjected to
it. recent cases of British children being trafficked for sexual exploitation within the UK reflect
the great need for effective and widespread training for children’s services and practitioners
working with young people. numerous victims in these cases have been previously known to
social services or the police, but the risks to which they were exposed were not recognised.
this chapter has highlighted the many gaps through which a victim of modern slavery might
fall; it is vital that these gaps are closed.
4.10 Recommendations
Responsibility in government for human trafficking and modern slavery should be transferred
from the Immigration Minister to the Policing and Criminal Justice Minister in the Home Office.
The obligation to proactively investigate indicators of modern slavery should be outlined in
statute, under the new Modern Slavery Act.
A statutory statement of policy of non-prosecution of victims of modern slavery, creating an
obligation across all sectors of the criminal justice system, should be encased within the Modern
Slavery Act.
Increased partnership should be developed between support NGOs and police and UKBA
during visits to venues where suspected trafficking victims may be present.
Training for UKBA staff should be focussed on widening the understanding of human trafficking
and modern slavery to ensure that staff understand that a victim is not, first and foremost, an
illegal immigrant.
Detained or imprisoned individuals should be removed from detention or prison upon a NRM
referral, recognising that delays in these cases are unacceptable.
All officers should be sensitised to the basic indicators of modern slavery and human trafficking,
and be aware of who they should speak to if these indicators are present; this will be fulfilled
by every officer completing, on a mandatory basis, the National Centre for Applied Learning
Technologies (NCALT) e-learning package (or equivalent). This should form part of police
officers’ Continued Professional Development.
There should be more detailed, practical training for Senior Investigating Officers, vice teams,
drug teams and Custody Sergeants.
The Anti-Slavery Commissioner should develop a system of accreditation of training packages
used by statutory authorities such as the police.
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The remit of the Gangmasters Licensing Authority should be extended to include additional
sectors where high volume cheap labour is employed, such as non-food manufacturing, the
hospitality industry and construction work.
Given the risks of exploitation of overseas domestic workers, the Government should restore
the ability for domestic workers to change employers. In these cases, the domestic worker
should be allowed only to access other domestic work.
Clear and concise information should be given to all domestic workers arriving in the UK,
outlining their rights and providing clarity on how to access help should they require it.
Prosecutors should have a wider awareness of the protocol in prosecuting individuals who are
showing indicators of modern slavery. Swift hearings in magistrates’ courts under the ‘Don’t Delay
Justice!’ initiative should not hinder the ability to halt proceedings if modern slavery is suspected.
Recommendations to help identify child victims
Trainee social workers should be taught about the risks of child trafficking in the UK as part of
their qualification, and existing social workers should be trained effectively through an agreed
programme.This training should form part of social workers’ continued professional development.
The newly established College of Social Work should be aware of the gap in training on
trafficking for social workers, and should recommend that it be added to the curriculum for
student social workers.
Training should be given to local authority Emergency Duty Teams on the risks and processes for
a trafficked child, in recognition that trafficking does not take place only during working hours.
Social workers conducting age assessments should be trained to spot indicators of modern
slavery, and should know what the NRM is and how to make a referral.
Fraud investigation officers in the new Single Fraud Investigation Service (SFIS) should be trained
to identify the indicators of modern slavery during checks for benefit fraud.
All Local Safeguarding Children Boards (LSCBs) should be aware of the issue of modern slavery
and the risks that it may be hidden within their region of responsibility.
LSCBs should consider creating a combined subgroup for missing, runaway and trafficked
children in recognition of the many links between these issues. and to guard against the creation
of silos of information.
All children showing indicators of modern slavery should be referred to the NRM.
The UKBA should not be a Competent Authority for the NRM; all NRM decisions should be
made by one Competent Authority, and should have formal and sustained input from child
safeguarding practitioners.
Police should be tasked to proactively investigate the links between missing children and child
trafficking, given the risk factors involved. For example, the Metropolitan Police Sapphire unit
or equivalent units, which investigate rape and other serious sexual violence cases, should be
sensitised to modern slavery in order to increase detection.
Child Abuse Investigation Teams (CAITs) should be trained in investigations into modern slavery
and human trafficking and should recognise child trafficking as part of their remit.
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Further research should be conducted by the UKHTC into the extent of child trafficking in
the UK, taking into account the number of referrals that are not made by social workers, and
exploring the reasons behind this.
Multi-agency child safeguarding teams should be established at airports, particularly those with
a high number of flights from top source countries for human trafficking or known transition
countries. These should be based on the Operation Paladin model at Heathrow airport.
Training should be given to flight staff on budget airlines, in recognition that these are more
frequently used by traffickers due to the low cost of tickets.
Recommendations for responding to British children trafficked for sexual exploitation
Human trafficking, and the relevant legislation under section 58 of the Sexual Offences Act 2003,
should be more widely recognised in cases of organised sexual exploitation of British children.
The relevance of this legislation should be more widely understood, and used as another tool
to better understand the experience of the victims and the criminality of the perpetrators.
The Home Secretary should ensure that, as part of the remit of the newly formed National
Crime Agency (NCA), the internal trafficking of British children is considered a priority issue.
This will involve ensuring that the necessary expertise and experience is brought into the NCA,
and that clarity is brought to the remit of both CEOP and the UKHTC as a result.
Multi-agency policing teams should be established in every region, based on the ENGAGE model
in Blackburn, where co-located professionals share information in order to tackle child sexual
exploitation, which may be linked to internal trafficking.
Hotels should be helped to recognise the need to raise staff awareness of the problem of child
trafficking, and should take up the ‘Say Something if you See Something’ campaign launched by
the National Working Group for Sexually Exploited Children and the Children’s Society.
Education on the risks of internal trafficking should be included as part of PSHE in schools, with
an agreed module set by the Anti-Slavery Commissioner in partnership with the Department
for Education and the Home Office. A school resource containing training for teachers on how
to identify indicators of internal trafficking, and what to do in the case of fears or suspicions
should also be established.
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ive
chapter five
strategic and frontline
direction: tackling the
crime
‘It’s hidden but it’s not invisible.’
David Dillnutt, Head of UKHTC, in evidence to the CSJ
5.1 Introduction
Modern slavery is a serious problem in the UK; the police have a crucial role to play in tackling
the crime. During the course of our review we have heard that, though pockets of excellent
activity exist, police are not equipped to fight this form of criminality. Whilst many agencies
must take responsibility for this problem, it falls to the police to disrupt the perpetrators and
protect the victims. this chapter explores how the police can be better mobilised to tackle
modern slavery on a local, national and international level, highlights the good practice the CsJ
has seen on its visits to forces around the country, and outlines opportunities for improving
police approaches. the CsJ has been alarmed at the level of unawareness among forces about
modern slavery and the way in which it should be identified and tackled; it is crucial that the
police response to this crime is made a serious priority.
‘It is often hard to look beyond what is going on right in front of us
as we are so busy, however it is our duty to dig deeper.’
Assistant Chief Constable Olivia Pinkney, ACPO lead on Migration and Associated Matters, in evidence to the CSJ
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5.2 Making modern slavery a strategic priority
public disorder and anti-social behaviour rightly remain core priorities for police in the UK.
Yet, as a result, a hidden issue such as modern slavery can fall down the list of priorities.
However, given the human cost of this crime it is crucial that forces are given direction on
how to tackle modern slavery. this is not currently the case, as police officers have explained
to the CsJ:
‘police are not actively looking at it – they are not measured on it.’
Anonymous senior police officer, in evidence to the CSJ
‘If you don’t execute a drugs warrant in your town, then you may
perceive there is no problem, because nobody’s counting it. I’m
pretty sure every town and city has a drugs problem. this is how it
is with trafficking; we’re not looking.’
Detective Sergeant, Lancashire Police, in evidence to the CSJ
‘as a Borough Commander, I have been under no professional or
political pressure to take any specific action in relation to trafficking.’
Chief Superintendent John Sutherland, Metropolitan Police, in evidence to the CSJ
the complicated and fluid nature of this crime means that strategic coordination across
and between forces is essential. evidence given to the review suggests that most police
forces do not prioritise cases of human trafficking and modern slavery because their
strategic assessments and, therefore, their senior managers, do not demand it. In par t
this is also due to the lack of pressure from the public; local police responses to crime
are very often focused on theft, burglary, car crime and other anti-social behaviour. In
2011/2012, 57 per cent of crime recorded on the Crime survey for england and Wales
was theft-related.1
‘Human trafficking is not a performance indicator for police. Until
it is, there is more incentive to investigate a shed burglar – which
is a performance indicator in some cases – than there is a human
trafficker.’
Anonymous former law enforcement officer, in evidence to the CSJ
1
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Office for national statistics, Crime Survey for England and Wales 2011/2012, [accessed via: www.ons.gov.uk/ons/rel/crime.../crime.../rftshort-story-tables.xls (13/02/13)]
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the level of harm caused to individual victims of human trafficking and modern slavery is such
that there must be a strategic, coordinated and national approach to addressing these issues,
which is delivered locally.
public awareness of the impact of modern slavery is low, as is knowledge on how the public
should respond to it. However this does not mean that forces should fail to formulate a
response that is proportionate to the severity of harm caused by this crime. though it is not
possible to know how many victims of modern slavery are currently trapped in the UK, the
suffering inflicted is so great and the victims so hidden that inactivity by the police is not an
option. Modern slavery must feature much more prominently on national and local police
agendas, despite an apparent lack of engagement and pressure from the public. the CsJ was
shocked to find in its independent polling that over half of people would not know who to
report to if they had concerns about modern slavery.2 Human trafficking and modern slavery
is a criminal problem, and the public should be reporting any suspicions directly to the police.
If police are to be successful in tackling this hidden crime they must encourage engagement
with, and be fully supported by, the public.
every force should be able to respond to this crime. Just as police forces a decade ago began
to more proactively deal with domestic violence, so they must now lead the fight against a
crime equally hidden.3 after coordinated efforts to tackle domestic violence were increased
by the police and prosecutors – in 2004 the Cps began to formally monitor cases of domestic
violence – the awareness and response to domestic violence has improved. Between 2004/5
and 2009/10 the number of prosecutions for domestic violence more than doubled.4 Human
trafficking and modern slavery often also takes place out of sight. Given the extreme level of
harm caused, it is vital that police increase their activity in this area and that they are held to
account for their responses to this serious crime.
‘We need to get over the perception that [human trafficking] is
somehow different or difficult or scary. It is normal police business.’
Assistant Chief Constable Olivia Pinkney, ACPO lead on Migration and Associated Matters, in evidence to the CSJ
The Association of Chief Police Officers
responsibility for human trafficking within the association of Chief police Officers (aCpO) has
been placed with the lead for Migration and associated Matters. this serves to perpetuate the
interpretation of human trafficking as an immigration problem, and not one of serious victimisation
and abuse of human rights. It is therefore important to recognise the relevance of additional aCpO
portfolios such as prostitution, Drugs and the Child exploitation and Online protection Centre;
the overlap in policy and strategy with these portfolios must be identified, and it is important that
communication between the portfolio leads is strong.
2
3
4
CsJ/YouGov polling, november 2012
Home Office, Call to End Violence Against Women and Girls: Action plan, London: Home Office, March 2011
speech by Director of public prosecutions Keir starmer QC, Domestic Violence: the fact, the issues, the future, 12 May 2011
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5.2.1 Control strategies
‘Getting human trafficking on the control strategy is essential.’
Team member, Sussex Police Operation Thames Project, in evidence to the CSJ
During its research the CsJ found no direct mention of human trafficking or modern slavery
in the majority of force control strategies or strategic assessments. this lack of strategic
acknowledgment of the problem contributes to the inconsistent responses across the country.
One police officer told the CsJ that: ‘the force control strategy does focus on safeguarding
children and protecting the vulnerable, but human trafficking is not specifically listed as an
area for concern’.5 typically, forces that do include human trafficking on their control strategies
classify it as ‘organised immigration crime’ – a legacy of the initial police response to this crime
a decade ago. this is a misnomer and an unhelpful categorisation, since human trafficking and
modern slavery is not confined to those with immigration issues. Victims of human trafficking
may also be eU or UK nationals. a broader understanding of the crime is needed in every
force, to ensure that police are equipped to lead.
Recommendation:
Human trafficking and modern slavery should form a part of all police strategic assessments and
feature on force control strategies.
Standard Operating Procedures: Kent Police
the CsJ has identified good practice in Kent, where a standard Operating procedure (sOp) for all
officers is under development, in order to improve the standard of response to modern slavery across
the force. though not yet finalised, this sOp will include guidance and direction in the following areas:
definitions; legislation; management of critical incidents; initial victim contact; dealing with brothels;
victim support and the national referral Mechanism (nrM); scene preservation and management;
points of contact for expert advice, including links to relevant local and national guidance; initial call
handling and advice for First responders; advice on investigative primacy; guidance to investigators
with levels of responsibility which are rank-specific; cross-border and divisional responsibilities;
intelligence management; community impact; and education and awareness as part of officers’
continued professional development, with enhanced training for key practitioners.6
It is crucial that, alongside such developments as sOps, police officer discretion is maintained
and officers are equipped to respond to potential cases of modern slavery through an
understanding of the key indicators. Whilst a sOp is a helpful step forward, a box-ticking
exercise must be avoided and officers must be invested in and empowered to respond to
cases as they may present.
5
6
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Detective Inspector Vanessa smith, West Yorkshire police, in evidence to the CsJ, april 2012
Kent police, in evidence to the CsJ, January 2013
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5.2.2 Police accountability
It is also of fundamental importance that a force’s ability to respond to modern slavery is
monitored. Until forces are held responsible for their activity in this area, simply placing the
issue onto a control strategy risks that meaningful action may not be taken. the CsJ has
identified a vicious circle: police are not tasked to investigate trafficking or modern slavery and
are not sufficiently resourced to look into it in their force area. therefore neither they nor the
public engage with the issue because they don’t know about it. Because modern slavery is
hidden, it remains a low priority. Many police professionals who gave evidence to this review
communicated a clear message that ‘nobody is asking us to look for it, so neither we nor the
public prioritise it; but if you look for it you’re going to find it’.
the CsJ recommends that Her Majesty’s Inspectorate of Constabulary (HMIC) should add
modern slavery to its inspection criteria, and should be commissioned to review forces’
responses to this problem. HMIC should also immediately conduct a thematic inspection of
forces’ responses to this crime area. every Chief Constable should be able to demonstrate
what they are doing to fight modern slavery in their force with a simple list of measures taken
to ensure that it is being effectively and appropriately recognised and tackled.
Her Majesty’s Inspectorate of Constabulary
Her Majesty’s Inspectorate of Constabulary (HMIC) has statutory responsibility for the inspection
of police forces. HMIC is headed by the Chief Inspector of Constabulary. the key role of the HMIC
is to monitor and report on forces and policing activity with the aim of fostering improvement.
they also advise police through identifying examples of best practice to be shared among forces.
the CsJ also recommends that human trafficking and modern slavery should feature on the
British Crime survey, drawn from information from the human trafficking and slavery and
servitude offences which are discussed in section 5.6.
5.2.3 The Threat Reduction Board
threat reduction Boards were established by the Home Office’s strategic Centre for Organised
Crime in order to provide focus for law enforcement partners to whom the type of crime is
relevant.7 the threat reduction Board for organised crime, human trafficking and exploitation
and the organised exploitation of children helps to identify priorities and aims to coordinate
activity. Whilst the work of the Board is important, it is vital that the identified priorities are
linked to force-level strategic assessments and control strategies, which are capable of local
delivery. It is also once again notable that the approach is heavily linked to organised immigration
crime. a proper response to modern slavery must not be so restricted. Unless the link between
the threat reduction Board and local police activity is made explicit, coordination will remain
poor, local forces will still lack direct tasking on this crime, and victims will not receive the help
and protection they need. the existence of the Government’s Human trafficking strategy has
7
Home Office, Local to Global: Reducing the risk from organised crime, London: Home Office, 2011
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137
also been useful in helping to outline expectations and highlight areas where eU Convention
compliance is required.8 However, without a national policy underpinning it, which is directly
linked to local police forces and other law enforcement agencies, the strategy’s aims and
objectives will remain distant and ambiguous.
the Metropolitan police and some other forces such as south Yorkshire police have in place
a human trafficking policy specifically for their force.9, 10 the CsJ recommends that all forces
are subject to a national policy in order to improve levels of consistency.
the CsJ is convinced that police and Crime Commissioners (pCCs), in particular, would be
given a better idea of what is expected of each force as a result of a national policy being
published.
Recommendation:
A national policing policy on modern slavery should be developed to which all forces are subject,
in order to improve levels of consistency in response across the UK and outline the specific
responsibilities of police for tackling this criminal problem.
5.2.4 Setting the local agenda: opportunities for Police and Crime
Commissioners
police and Crime Commissioners (pCCs), elected in november 2012, set local force priorities
on behalf of the public. they have an important role to play in tackling modern slavery, and
represent an opportunity to engage the public with this crime and move the police response
forward. Working with chief constables, pCCs are tasked not just with reflecting the public’s
most pressing concerns and ensuring that the police response is proportionate, but balancing
this with the more hidden issues that the public may not be directly exposed to. the Home
Office strategic policing requirement lays out the need for this balance.11 However, there is no
direct mention of human trafficking or modern slavery in the strategic policing requirement.
this must be corrected. If local police forces are to develop a response to modern slavery,
pCCs must be called to action; every pCC should explicitly hold their force accountable for
its response to human trafficking and modern slavery.
‘the balance is between what the public is interested in and what is
in the public interest.’
Former Detective Inspector Huw Watkins, Gwent Police, in evidence to the CSJ
8
9
10
11
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Home Office, Human Trafficking: The Government’s Strategy, London: Home Office, July 2011, p8
Metropolitan police, Human trafficking policy [accessed via: http://www.met.police.uk/foi/pdfs/policies/human_trafficking_policy.pdf (16/12/12)]
south Yorkshire police, Human trafficking policy [accessed via: http://www.southyorks.police.uk/content/dealing-human-traffickingsexuallabour-exploitation-or-domestic-servitude (16/12/12)]
Home Office, The Strategic Policing Requirement, London: Home Office, July 2012
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sue Mountstevens, an independent candidate who was elected to become avon and
somerset’s first pCC, stated her desire to deal with this issue effectively and for there to be
representation at the Commissioner’s office on the issue of human trafficking:
‘I am committed to working on the issue of trafficking both in the prevention of victimisation
and support for those who have suffered this horrific enslavement. As part of my priority
of tackling domestic and sexual violence, trafficking has been identified as an important
element of my first Police and Crime Plan. In order to progress this work a Champion has
been appointed within my team. They will work with the PCC, Constabulary and partners
to better understand the problem in Avon and Somerset and identify areas for action’.12
Recommendation:
PCCs should hold their force accountable for their response to human trafficking and modern
slavery in their force area. Human trafficking and modern slavery should also be included in the
Strategic Policing Requirement, to enhance the awareness of PCCs of the issue.
5.2.5 The enthusiasm of the few
police representatives have given worrying evidence to the CsJ of an overreliance on the
‘enthusiasm of the few’ within forces. While some forces may take steps forward in tackling
trafficking and modern slavery, this is often down to one officer taking a personal interest in
the issue. When that person moves on or retires, the expertise and any momentum gained is
often lost. this again reflects the need for a strategic national approach to human trafficking and
modern slavery, which can be replicated locally and which is sustainable when officers move on.
‘My driver is a moral or ethical one; it’s a personal response.’
Chief Superintendent John Sutherland, Metropolitan Police, in evidence to the CSJ
‘We have never been able to embed training in a way that was
sustainable so that when individuals move on, those gaps are
automatically filled. that’s what we’re lacking.’
Nick Kinsella, founder and former head of the UK Human Trafficking Centre and board member,
United Nations Voluntary Trust Fund for Victims of Human Trafficking
In order to avoid this untenable reliance on individual enthusiasm, and to replace it with an
embedded, enduring responsibility in accordance with the Government’s Human trafficking
strategy, every force should have a single point of Contact (spOC) for all matters relating
to human trafficking and modern slavery.13 the spOC should be specifically trained and
tasked, and should be contacted by any person on the force with concerns about modern
12
13
sue Mountstevens, in evidence to the CsJ, January 2013
Home Office, Human Trafficking: The Government’s Strategy, London: Home Office, July 2011, p21
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slavery. the spOC should also be able to share information at a regional and national level,
communicating with the UKHtC about developments in intelligence or investigations that
may occur. the Inter-Departmental Ministerial Group on Human trafficking (IDMG) has
identified this need for a spOC in every force:
‘Within each police region throughout the UK a responsible senior police officer for
human trafficking has been identified, with the intention of a network of single points
of contact (SPOC) being identified within each force. The members of this group will
act as the conduit between local and national activity in respect of trafficking. It will
also work to ensure this area of work is considered in mainstream policing, intelligence
gaps are closed and responses are standardised. Wales already has a very successful
SPOC network’.14
However, the IDMG report’s assertion that such individuals have ‘been identified’ is not
supported by the CsJ’s research, which found that of the 33 out of 43 forces which responded,
only half were able to give information about a spOC. some claimed they did not have one,
and others could not provide their details.15 the necessity for an embedded role within
each force must be recognised as part of the solution for improving police awareness and
response; creating a network of spOCs should be a national priority, and selecting a spOC
for each force should be a pressing local priority endorsed by chief constables and pCCs.
the spOC should be the champion for this issue in each force, and should be a consistent
position that remains and is filled despite changes in staffing.
Recommendation:
An embedded Single Point of Contact (SPOC) role should be established in every force, to enable
local SPOCs to share information, intelligence and best practice with regional SPOCs which can
then communicate with the UKHTC.
5.2.6 The National Crime Agency
the national Crime agency (nCa), which will be fully operational by December 2013,
will replace the serious Organised Crime agency (sOCa) as the UK’s coordinating hub
for serious crime.16 the nCa will produce and maintain the national threat assessment for
serious, organised and complex crime, which all other agencies will work to. Using this agreed
intelligence picture, the nCa will task and coordinate the police and other law enforcement
agencies and will manage efforts to fight crimes that go beyond local, regional and national
boundaries. the nCa will be made up of four distinct commands:17
14
15
16
17
140
Inter-Departmental Ministerial Group on Human trafficking, First annual report of the Inter-Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012, p51
results of CsJ Freedom of Information request, august 2012
Home Office website, The National Crime Agency [accessed via: http://www.homeoffice.gov.uk/crime/nca/ (20/02/13)]
Home Office, The National Crime Agency: The plan for the creation of a national crime-fighting capability, London: Home Office, June 2011,
p18 [accessed via: http://www.homeoffice.gov.uk/publications/crime/nca-creation-plan?view=Binary (24/09/12)]
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Figure 5.1: The National Crime Agency
NATIONAL CRIME AGENCY
Senior Chief Constable
Intelligence, analysis and
prioritisation
Organised Crime
Command
Border Policing
Command
Economic Crime
Command
Child Exploitation and
Online Protection
Centre
Law enforcement agencies including the police, UK Border Agency,
HM Revenue and Customs
all four commands will access an intelligence hub which will aim to build and maintain a
comprehensive picture of the threats to the UK from organised criminality.the nCa will have
the authority to task local police and other enforcement agencies. It will also commit its own
resources to support investigations.
the only direct mention of human trafficking under the specialist commands that will make up
the nCa is under the Border policing Command. Whilst the international cases of trafficking
and modern slavery will, to some extent, be relevant to the remit of this command, it must
also be recognised that this human trafficking takes place within the UK, involving no movement
across borders. It is therefore of serious concern that human trafficking and modern slavery
is not mentioned in any form under the remit of the Organised Crime Command. the CsJ
recommends that modern slavery and human trafficking be made a priority area for the nCa,
and that this crime ceases to be seen only in the context of border security. Furthermore, there
is still ambiguity over the placement of the UKHtC within the nCa. Greater clarity is needed
on how this new agency will tackle this crime, both strategically and operationally, since it is often
organised, it involves both UK and foreign nationals and it can take place wholly within the country.
Given the international elements of some human trafficking and modern slavery investigations
which require gathering evidence from other jurisdictions, the CsJ welcomes the aim of the
nCa to develop an international network of law enforcement contacts to aid the gathering
of evidence from abroad.
Recommendation:
Modern slavery and human trafficking should be made a priority area for the NCA, ensuring that
this crime is not seen only in the context of border security or organised immigration crime.
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5.3 Sharing information
‘trafficking doesn’t sit prominently in the list of frontline police concerns.’
Chief Superintendent John Sutherland, Metropolitan Police, in evidence to the CSJ
although there are some pockets of expertise within the police, many police officers do not
know how to respond to a suspected case of modern slavery when they may see it. they are
often not clear about whom they should report suspicions to, or what information counts as
valuable and how much to pass on to agencies such as the UKHtC.
‘We are all working in silos and some have no knowledge of the
problem.’
Detective Inspector Vanessa Smith, West Yorkshire Police, in evidence to the CSJ
an improved national strategy and structure implemented across local forces, including
active spOCs, with universal training to give officers an awareness of what to do with their
suspicions and/or specific intelligence, will help in addressing this situation and providing the
level of protection that victims of human trafficking and modern slavery deserve. sharing
information will be a crucial facet of this strategy.
5.3.1 Regional information sharing
the CsJ has encountered significant problems with the police’s ability to deliver a coordinated
response between forces and across agencies, as well as nationally and internationally. the
variety of different operating systems for each force’s intelligence collecting makes cross-force
cooperation very difficult. regional Intelligence Units, for example, comprise teams with access
to all the intelligence systems of the forces in the region. However a number of the intelligence
systems cannot share the data automatically and must be manually downloaded and, in some
cases, transferred using floppy discs.18 It is essential that every force area allocates the resources
to develop and analyse intelligence on modern slavery. this also includes personnel, and the CsJ
recommends that dedicated researchers and intelligence analysts are allocated to look into the
issue at a regional level. this information should then be shared with the UKHtC. this applies
equally to the Gangmasters Licensing authority and any other agency which may collect such
information. this will facilitate investigations that go beyond a single force boundary, and in
partnership with the UKHtC will enable a better national or, where appropriate, international
response through sharing information with the european intelligence hub, phoenix. at present,
information and intelligence sharing is not up to standard, as one senior police officer told the CsJ:
‘intelligence on human trafficking should be managed locally before being shared through the
regional intelligence units and into the national hubs. It just doesn’t work, so we are
18
142
anonymous police officer, in evidence to the CsJ
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continuously having to do things twice. We send it through these formal processes but it
takes too long, so we also send it directly to the UKHTC’.19
Recommendation:
Dedicated researchers and intelligence analysts should be allocated to develop the policing
response to modern slavery at a regional level.
5.3.2 Multi-agency information sharing
‘all agencies in the voluntary and public sector must work together
– we want to engage with those who may be seeing something
even if they don’t realise what they are seeing, and immediately
refer to the police.’
Team Member, Sussex Police Operation Thames Project, in evidence to the CSJ
the diversity of modern slavery demands cooperation not just across forces but also between
other sectors. In its evidence gathering our review has seen examples of excellent information
sharing, such as in south Wales where a Consultation Group has been developed by Gwent
police to build a better picture of what is going on in Wales. the group facilitates cooperation
and sharing of information amongst police officers, health professionals, school staff and housing
providers by sharing regular intelligence bulletins through which the police are able to update
members on the latest developments in the area, and hear from the other agencies involved.
the group has had considerable success in fostering links between professionals who are able
to share experience and generate a better understanding of how the problem manifests in
their area. a similar group operates in the West Midlands through the regional anti-trafficking
(rat) network and in the south West through the Bristol anti-trafficking partnership.
It is our recommendation that every region establishes an equivalent group, creating a
forum whereby information and intelligence can be shared across agencies. this multi-agency
approach is essential for police in disrupting traffickers and identifying victims. It will enable
police to foster a better understanding of the problem.
this notion of a multi-agency approach must form part of any national strategic and
operational plan to combat modern slavery in a force area. In scotland, a multi-agency
group ‘dedicated to strategic, operational, and formalised intelligence sharing, analysis and
enforcement action against traffickers’ was recommended by Baroness Helena Kennedy’s
report for the equalities and Human rights Commission.20 Formal links with ‘those identifying
and those supporting victims’ are vital to the success of these groups, which should be
developed in every region in the UK.21 this would then enable the groups to speak to each
19
20
21
senior police officer, in evidence to the CsJ, December 2012
Ibid
Kennedy H, Inquiry into Human Trafficking in Scotland: Report of the Equality and Human Rights Commission, scotland: eCHr, november 2011, p26
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other, sharing information across borough or county boundaries and further helping to build
a picture of the state of this crime in the UK. the networks will assist in building an effective
multi-agency response, sensitive to the regional profile of trafficking cases that will enhance
the understanding of the nature and scale of modern slavery nationally. this type of response
would help the anti-slavery Commissioner in their reporting on the problem. the networks
should also establish channels of communication with the UKHtC.
‘there are several hundred cases in Wales I can put my finger on.
Whether that information be sitting on a shelf in a local authority,
or with sexual assault referral Clinics, or with nGOs…there is so
much intelligence on human trafficking being held in silos in Wales,
it’s unbelievable…it’s immoral, it’s awful, it’s happening.’
Former senior police representative, in evidence to the CSJ
Recommendation:
Every region should have a multi-agency forum for information-sharing, based on the model in
Gwent and the West Midlands, which can feed information to the Anti-Slavery Commissioner and
the UKHTC.
5.4 Investigations
‘these are some of the most faceless, voiceless, helpless people that
we have in the country.’
Senior police officer, in evidence to the CSJ
police have given evidence to the CsJ regarding the difficulty they face in investigating human
trafficking. time and resourcing mean that, for a crime that is not seen as a priority and for
which police will get little recognition, investigations may be few and far between. the cost of
investigations into human trafficking and modern slavery can be high, given their length and
the international nature of some cases.
‘Unless someone dies, you don’t find out about it because no one
dares say anything. no-one’s disclosing anything…it’s something you
can’t investigate because you don’t know they’re here.’
Senior police officer, in evidence to the CSJ
144
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‘With 70 per cent of the victims we have interviewed, the
information they give is that vague that you can’t take it forward.’
Detective Constable Elaine O’Brien, Merseyside Police, in evidence to the CSJ22
police have described the significant challenge they face when trying to engage with victims
who are very often terrified, may not speak the language and who do not trust the police.
this is explored further in Chapter three, section 3.4.1.
‘Most victims of trafficking don’t even know what trafficking is,
so won’t identify themselves as a victim.’
Pam Bowen, Strategy and Policy Directorate, Crown Prosecution Service, in evidence to the CSJ
police, however, have also spoken of their frustration when a victim will not engage with them.
In several cases, trained police have expressed concern that if they see indicators of trafficking
but the potential victim is too fearful to disclose anything, they have limited options:
‘We will often walk out of premises with concerns about the people who are inside. They
may show indications of trafficking but do not disclose this to us. The NRM system is
voluntary and we need their cooperation in order to assist them. Consequently they are
not being identified as victims of trafficking at this stage’.23
5.4.1 Communication barriers
a concern registered by some police is the barrier to communication when working with
victims of modern slavery whose first language is not english. police have reported particular
issues of dialect, where there might be only a very small number of appropriate interpreters
in the whole of the UK, meaning that interviewing a potential victim will be a difficult and
drawn-out process. although Language Line – a telephone translation service with which
police forces in the UK have a national contract – is a useful tool, it can hinder a truly victimcentred approach because of the lack of face-to-face contact. potential victims of trafficking
will have concerns about whom they can trust, and sharing their experience over the phone
to a person they have never met may create significant barriers.
5.4.2 Support from the UKHTC
the CsJ has heard mixed reports from police about the role and functions of the UKHtC in
supporting police investigations into this crime. Its role as the central intelligence hub for human
trafficking and as a point of coordination in the international arena, as well as the functions it
fulfils as co-facilitator of the nrM, make it a significant agency in the UK’s response to modern
22
23
Detective Constable elaine O’Brien, Merseyside police, in evidence to the CsJ, august 2012
anonymous senior police officer, in evidence to the CsJ, December 2011
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slavery.24 an opinion voiced by some police however is the need for better direction from
the UKHtC as to what forces are required to report, and what constitutes a case in which
it should be involved. there is some confusion over the purpose of the UKHtC and what
support it is able to offer police forces in investigations. Certain forces have benefited from
the tactical advice given by one of the UKHtC’s four advisers, whilst others have expected
greater resourcing and operational support and have therefore been disappointed at what
the UKHtC has been able to offer. still others will instead contact the Metropolitan police
Human trafficking Unit for help. Overall, there is a lack of understanding about the role of the
UKHtC among police forces, and of what support is on offer. Communication and branding
of the UKHtC should be improved in this area to help UK police forces understand its role
and the ways in which it is able to help. It is also crucial that forces themselves are aware of
the UKHtC, and know who to contact if they need advice.
‘protocols and a pathway system are needed to ensure all
concerned are confident to deal with victims of human trafficking,
as there is an uncertainty of how to deal with a victim.’
Tina Newman, Vice Liaison Officer, Avon and Somerset Police, in evidence to the CSJ
Information sharing on specific cases should also be improved between police forces and
the UKHtC. the CsJ is convinced that an important area where the UKHtC can improve
its response and better assist police is in cases where a nrM referral is made from a First
responder other than the police. In cases such as these, individuals referred through other
First responders could reach the nrM without any police knowledge, meaning that valuable
information and intelligence may be lost.25 In the months between June and september 2012,
for example, just 24 per cent of adult nrM referrals came from the police.26 this means that
in 76 per cent of cases in this period the police may have no knowledge of the potential
situations of modern slavery that have taken place in their region. It is therefore essential
that the UKHtC’s intelligence and information-sharing capabilities work in both directions: in
gathering intelligence from police, and communicating information to relevant police forces
about cases which they may not know about. In this sense, it is both the responsibility of
chief constables to ensure that they are satisfied that there is the ability within their forces to
develop and share intelligence, and of the UKHtC to have the ability to share information
and intelligence with forces. though a proportion of victims may not wish to contribute to a
police investigation, the relevant force must still be made aware of it.
there are two key ways to tackle this problem. First, a clearer understanding of what the
UKHtC can offer would be improved by reference to its broad remit within the basic training
on human trafficking and modern slavery for every officer. second, regular meetings of force
24
25
26
146
Inter-Departmental Ministerial Group on Human trafficking, The first report of the Inter-Departmental Ministerial Group on Human
Trafficking, London: Home Office, October 2012, p8
a full list of all First responders can be found in Chapter three, section 3.3
UKHtC, National Referral Mechanism statistics: June – September 2012, Birmingham: serious Organised Crime agency, January 2013
[accessed via: http://www.soca.gov.uk/about-soca/about-the-ukhtc/national-referral-mechanism/statistics (13/02/13)]
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spOCs, hosted by the UKHtC, would create a forum in which to share experience and
feedback in order to continually improve the interaction between police and the UKHtC,
and improve the police response internationally, nationally and locally.
Recommendations:
There should be increased awareness and better promotion of the UKHTC’s Tactical Advisers,
bringing clarity to forces about the support they can expect from the UKHTC;
The UKHTC should increase its information-sharing capability so that it is able to communicate
to police forces the relevant information and intelligence about cases of which they may not
otherwise be aware.
5.4.3 Ownership of investigations
some forces have told the CsJ of a lack of clarity over who within the police force should
‘own’ investigations into modern slavery. In some cases there is not always enough intelligence
for cases to reach the ‘threshold’ of serious organised crime, leading to a situation where little
or no progress is made on cases simply because there is confusion over which unit should
take it forward.
‘as soon as the word trafficking is used people become concerned.
they see the possibility of a costly and protracted investigation
crossing force or international boundaries and seek to refer it rather
than dealing with the investigation as they would any other crime type.’
Detective Inspector Keith Roberts, Kent Police, in evidence to the CSJ
One force provided details of a case in which the evidence showed that human trafficking
was suspected. the case was then passed to and from an area unit to the special branch unit
for a period of five days. During that time, the victim went missing and the case was severely
delayed. In this case, the individual should have been referred to safe accommodation under
the nrM. If they were not willing to be referred to the nrM, they should have been given
a victim liaison officer to ensure that a lack of ownership of the case did not result in this
potential victim going missing.
skills for the investigation of trafficking must be dispersed within forces, to widen the net for
effectively identifying and pursuing trafficking cases. some concerned officers have spoken of
debating with managers to make sure they take the case on for fear it would otherwise not
be given the level of priority it deserved. For police in some areas this problem of ownership
is a significant and worrying obstacle to effectively fighting this crime. smaller area units may
shy away from cases. this can be due to a lack of awareness of the evidence needed or the
international nature of the crime.
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Until it is made clear to forces exactly who has primacy in investigating cases of human
trafficking and modern slavery fears remain that investigations are at risk of not progressing as
they should. a definitive chain of primacy needs to be clearly marked out for police through
the national policy. this will enable forces to bring a consistent approach to investigations into
trafficking, support a victim through the nrM, and provide an effective investigation.
a further issue raised during the review is the under-use of the proceeds of Crime act 2002
(pOCa), which makes provisions for the seizure of gains which have been generated as a
result of criminal activity. the use of pOCa in cases of human trafficking and modern slavery
may generate substantial amounts of money for police forces, but is not widely used in cases
such as these. the CsJ recommends that the relevance of pOCa in these cases is added as
a learning point in police training on modern slavery.
Recommendation:
The relevance of the Proceeds of Crime Act 2002 (POCA) in cases of modern slavery should be
more widely recognised and should be added as a learning point in police training on modern slavery.
5.4.4 International evidence gathering
the international nature of the crime when a person has been trafficked from outside of the
UK also adds huge resource issues to evidence gathering, often requiring the cooperation of
other jurisdictions which is time-intensive and can be slow.
5.4.4.1 Joint Investigation Teams
some areas where these investigations can be aided are within such mechanisms as Joint
Investigation teams (JIts), facilitated through europol (the law enforcement agency of the eU)
and eurojust (the unit for judicial cooperation in the eU). JIts were introduced to allow police
forces from different countries to cooperate for a fixed period of time on a specific case. this
mechanism is useful for cases of human trafficking and modern slavery, and opportunities for
funding should be applied for more regularly. JIts under europol are a valid option, but police
representatives have spoken of the significant amount of time it can take to launch such a team
– in some cases up to six months. as part of efforts to tackle this obstacle, Kent police draws
on the resources of its european Liaison Unit. this team of multilingual officers has been set up
to support investigations where evidence is needed from outside the jurisdiction of the UK. the
team has a network of contacts across the globe (the title of european Liaison Unit is actually a
misnomer, since the team also has contacts in africa and the United states, among others). the
team is then able to forge links between investigating officers in the UK and those that are able
to assist abroad. For cases of modern slavery, this team is ‘worth its weight in gold’ according
to one Detective Constable and has directly contributed to pushing investigations forward.27
this unit illustrates the importance of international connections in investigating cases of
trafficking that have cross-border links. In order to facilitate better information sharing across
27
148
anonymous police officer, Kent police, in evidence to the CsJ, October 2012
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borders, police forces may consider establishing a similar unit. this does not negate the need
for formal protocols such as Joint Investigation teams, which enable police to gather evidence
through established processes. International engagement on a wider scale should also be
taken forward by the nCa when it is established.
Recommendations:
JITs should be more widely used to aid police in their evidence-gathering process. Funding is
available for JITs, and should be applied for more frequently;
Police forces should consider establishing an international liaison unit, based on the European
Liaison Unit developed by Kent police.
For police investigating cases of trafficking in which evidence must be gathered from source
countries, investigations can prove very challenging particularly given the differences in the
legal and judicial systems in some countries; many will lack the infrastructure to be able to
provide evidence. Investigating a trafficking offence in which the recruitment or coercion of
the victim may have taken place in another country can prove very difficult.
EU police and justice measures: the impact of opting out
In October 2012, the Home secretary announced government plans to opt out of 130 european Union
police and justice measures in april 2014, including the european arrest Warrant. this is of serious
concern given that the UK’s response to modern slavery relies upon measures of policing cooperation at
the european level. In investigating and prosecuting offence, it is necessary to have common approaches
with other eU Member states in order to obtain the necessary evidence from other jurisdictions and
extradition processes to import individuals from other territories to be prosecuted, or export individuals
from the UK to be prosecuted in another territory.these wider measures could have a significant impact
on law enforcement’s ability to investigate human trafficking and modern slavery if these tools are
no longer available to the UK. For example, if the UK does not participate in eurojust, forces will not
have access to the eU funding for JIts, which have been established to provide a successful response
to human trafficking and modern slavery. Opting out of these measures means that investigation and
disruption of this crime at the european level would take a significant step backwards
‘If they withdraw, then responses to international crime like human trafficking will start failing.’ 28
the CsJ strongly recommends that the Home secretary should reconsider the decision to opt out of
eU police and justice measures, taking into account the negative impact this would have on the UK’s
ability to tackle modern slavery.
5.4.4.2 The Risk and Liaison Overseas Network
Beyond europe, the UKBa’s risk and Liaison Overseas network (raLOn) has staff covering
almost 100 countries across the world to identify and mitigate threats to the UK. as part of this,
raLOn officers work with airlines and local border control authorities to prevent passengers
who may present a risk to the UK from travelling. In august, raLOn provided intelligence to
28
anonymous police representative, in evidence to the CsJ
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the Italian police contributing to the arrest of a man suspected of planning to traffick women
into Italy and on to the UK. raLOn has shared further intelligence and built an investigation
with sOCa, since there is evidence to suggest that the suspect previously trafficked ten other
nigerian nationals. the trafficker arrested in the specific case is thought to be operating as part
of an organised trafficking route from West africa to Western europe, via the UK.29
5.4.4.3 Mutual legal assistance
Mutual legal assistance (MLa) can be required through a letter of request – a legal document
issued by either a judge or a Crown prosecutor requesting assistance in obtaining evidence
specified in the letter for use in criminal proceedings or to support an investigation. For
example, in a case of modern slavery from south Yorkshire involving five defendants from
slovakia who were trafficking their victims into the UK, the prosecutor required evidence of
the victims’ travel through slovakia to support the prosecution case. a letter of request was
served on the public prosecutor in slovakia, who caused the relevant investigations to be
made there. the slovak authorities obtained evidence from bus companies of the victims’
travel and sent the evidence to the Cps prosecutor. this evidence corroborated the victim’s
testimonies and the defendants were all convicted. these agreements are useful for gathering
evidence on the beginning stages of the crime, since ‘we’re more of a destination country, and
rely heavily on evidence from outside of the jurisdiction’.30
5.5 Prosecutions: bringing perpetrators to justice
the investigation, prosecution and conviction of the perpetrators of human trafficking and
modern slavery are crucial elements in the fight against this crime. this is because bringing
perpetrators to account changes the equation of fear and power; when would-be traffickers
are afraid of the consequences of their actions, potential victims start to become less vulnerable.
the CsJ recognises the array of challenges facing police in investigating cases of modern
slavery and human trafficking. Barriers of language, dialect and culture, a victim's fear of
reprisals from their traffickers, and the fear of shame from their families – both in cases of UK
and non-UK nationals who have been trafficked – mean that gathering evidence and pursuing
a prosecution is very difficult.
‘When our police units burst through the door of brothels, some of
the women think they are being robbed and get scared… Many of
the women… have a natural distrust for law enforcement as they
are corrupt in their own countries.’ 31
29
30
31
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Inter-Departmental Ministerial Group on Human trafficking, First annual report of the Inter-Departmental Ministerial Group on human
trafficking, London: Home Office, October 2012, p103
pam Bowen, Crown prosecution service, in evidence to the CsJ, november 2012
Detective Inspector sue Bradshaw, quoted in this is Gloucester, Human trafficking rife across Gloucestershire, 5 October 2012 [accessed
via: http://www.thisisgloucestershire.co.uk/Human-trafficking-rife-Gloucestershire/story-17039695-detail/story.html (20/12/2012)]
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there have been some successful convictions for human trafficking offences in the UK.
Further convictions have also taken place for related offences where trafficking may not
have been proven but offences such as rape or kidnap are successfully prosecuted. the
Ministry of Justice has published figures on the number of convictions for human trafficking
offences, which show that the number of convictions of trafficking for sexual and non-sexual
exploitation has actually fallen in the three years to 2011 (see Figure 5.2 below).32 However,
the validity of these statistics has been called into question by those working in the sector.33
the Government’s inability to keep track of the number of convicted traffickers it has
sentenced since 2009 is unacceptable and must be urgently rectified.
Many challenges exist in bringing successful prosecutions against traffickers. Charging for other
offences such as rape or abduction is often used as an alternative however evidence to the CsJ
shows that the reportedly low level of awareness of the offences among police and prosecutors
may be leading to underuse of human trafficking offences. Convicting a person for human
trafficking or slavery offences requires the understanding of the investigation team, prosecutors
and judges. Increasing convictions is vital if the UK is to build a better picture of the problem and
communicate the message that this country is a difficult and hostile place for traffickers to operate
in. Concerns currently remain that traffickers believe they may act with impunity in the UK. the
conviction figures below therefore represent the tip of the iceberg of the human trafficking crimes
that are potentially being committed in the UK. Whilst the Cps has helpful policies in place to
help prosecutors in charging trafficking offences, evidence to the CsJ shows that there is a need
for greater awareness among regional Cps prosecutors of this form of crime.34
Figure 5.2: Number of convictions for human traficking offences 2009–2011
25
20
15
10
5
0
2009
Convictions for sexual exploitation
2010
2011
Convictions for non-sexual exploitation
It is clear that more needs to be done. Firstly, investigations should be taken forward where at all
possible, with awareness levels improved amongst police and support readily available from the
UKHtC. secondly, victims of trafficking and modern slavery must be given every opportunity
32
33
34
Inter-Departmental Ministerial Group on Human trafficking, First annual report of the Inter-Departmental Ministerial Group on human
trafficking, London: Home Office, October 2012, p35
anonymous Cps representative, in evidence to the CsJ
Crown prosecution service, CPS Policy for Prosecuting Cases of Human Trafficking, London: Crown prosecution service, May 2011, p30
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to tell of their experiences. the intelligence and evidence they give must be appropriately
followed up. thirdly, prosecutors and other members of the judicial system need to understand
the nuances of this crime so that its impact and severity is recognised and perpetrators are
sentenced appropriately. this is not to say that other relevant offences should not also be
charged where appropriate, but awareness of the legislation on human trafficking is also crucial.
More general offences should not be relied upon simply because they may be more widely
known about, when it may be possible to successfully prosecute human trafficking offences.
5.5.1 Victims as witnesses
It is important that police are able to focus on elements of investigation other than victim
testimony. In cases of human trafficking, where a traumatised victim is too fearful or confused to
adequately share their experience, they will not always be suitable witnesses. In cases of trafficking
a victim can sometimes be the only witness to their abuse, and yet they often find it extremely
hard to testify against their traffickers for fear of reprisal, because of a lack of understanding about
the criminal justice system, or due the barriers created by not speaking english. In this regard,
parallels can be drawn with police investigations into domestic violence in the UK. Keir starmer
QC, Director of public prosecutions, recently called for police to ‘start focussing their energies on
gathering other forms of evidence (rather than relying on victim testimony) in domestic abuse
cases’.35 an over-reliance on the use of victim testimony is still an issue for police in tackling
modern slavery. the Cps has highlighted the importance of this approach:
‘As long as there is evidence which proves all the elements of the offence without the need
for the victim to make a complaint (for example, electronic surveillance, monitoring of bank
accounts and recovery of documentary exhibits) the CPS can still proceed to a prosecution
for human trafficking.The CPS has prosecuted a number of cases where law enforcement has
carried out pro-active investigation and the victims have not been required to give evidence’.36
However, the reality is that police across the country are under-resourced and ill-equipped for
this form of policing. police officers who have given evidence to this review have spoken of
the unhelpful reliance on victim testimony and have highlighted the need for better resourcing
for proactive disruption of this crime.
5.6 Legislation
Legislation relating to human trafficking and modern slavery has developed significantly in the
last decade.
‘the legislation is sufficient but it could be made clearer.’
Assistant Chief Constable Olivia Pinkney, ACPO lead on Migration and Associated Matters, in evidence to the CSJ
35
36
152
the Centre for social Justice, Beyond Violence: Breaking cycles of domestic abuse, London: CsJ, July 2012, p68
Inter-Departmental Ministerial Group on Human trafficking, First annual report of the Inter-Departmental Ministerial Group on human
trafficking, London: Home Office, October 2012, p33
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5.6.1 The Sexual Offences Act 2003
trafficking for sexual exploitation is criminalised under sections 57, 58 and 59 of the sexual
Offences act 2003. Offences under all three sections carry a maximum 14-year sentence.
section 57 makes it an offence to traffick a person into the UK, section 58 criminalises
trafficking within the UK and section 59 makes it an offence to traffick out of the UK, all
for the purpose of sexual exploitation.37 sexual exploitation is defined as the commission
of any of the wide range of offences detailed under part One of the sexual Offences act
2003, including rape and sexual assault, or any of the offences under section 1 (1) (a) of the
protection of Children act 1978 which made it illegal to make indecent images of children.38
5.6.2 The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
trafficking for non-sexual exploitation is criminalised in the UK under the asylum and Immigration
(treatment of Claimants, etc.) act 2004. a person commits an offence under this act if they
arrange or facilitate the arrival into the UK of an individual, and they intend, or know that
someone else intends, to exploit the person in the UK or elsewhere. If a person arranges travel
within the UK of an individual whom they know has been trafficked into the country, they also
commit an offence under this act. It is also an offence to arrange the departure from the UK of
an individual whom he intends, or knows that someone else intends, to exploit.39
Under this act, a person is exploited if they are subject to the abuse set out under article 4 of
the european Convention on Human rights, which states that ‘no one shall be held in slavery or
servitude and no one shall be required to perform forced or compulsory labour’.40 prosecutors
must refer to this article in order to prove trafficking for non-sexual exploitation under this act.
a person is also guilty of an offence if they require the person to do anything which would lead
to an offence under the Human Organ transplants act 1989 (see Chapter One, section 1.5.5)
or is made to provide services or benefits of any kind under force, threat or deception.41
Until recently, an inherent weakness in the offence of trafficking under the asylum and Immigration
act 2004 was the requirement first to prove trafficking into the UK, in order for it to be an
offence to traffick someone within the UK. the idea that an individual can only be prosecuted if
it can be proved that they were aware the person had been trafficked into the country created
a barrier to successful prosecutions for trafficking solely within the UK, and further widened the
disparity in evidential requirements for trafficking for sexual and non-sexual exploitation.
the CsJ Working Group therefore welcomes recent developments under the protection of
Freedoms act 2012 which meet this concern adequately.42 section 110 of this act removes the
need to prove both ‘episodes’ of trafficking and now criminalises the trafficking of an individual
37
38
39
40
41
42
section 57, 58, 59, sexual Offences act 2003 [accessed via: http://www.legislation.gov.uk/ukpga/2003/42/contents (06/07/12)]
Crown prosecution service website, Human Trafficking and Smuggling legal guidance [accessed via: http://www.cps.gov.uk/legal/h_to_k/
human_trafficking_and_smuggling/#a10 (14/12/12)]
section 4, asylum and Immigration (treatment of Claimants, etc.) act 2004 [accessed via: http://www.legislation.gov.uk/ukpga/2004/19/
contents (06/07/12)]
article 4, european Convention on Human rights, 1953 [accessed via: http://www.echr.coe.int/nr/rdonlyres/D5CC24a7-DC13-4318B457-5C9014916D7a/0/Convention_enG.pdf (28/02/13)]
Human Organs transplant act 1989 [accessed via: http://www.legislation.gov.uk/ukpga/1989/31/contents (11/02/13)]
section 110, protection of Freedoms act 2012 [accessed via: http://www.legislation.gov.uk/ukpga/2012/9/contents/enacted (11/02/13)]
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153
solely within the UK for non-sexual exploitation. this amendment was cited in the Home Office
‘report on the Internal review of Human trafficking Legislation’ published in May 2012, and is
a helpful step forward in bringing the legislation for both sexual and non-sexual exploitation
into line with each other.43 Under the protection of Freedoms act, the jurisdiction of the UK is
also extended, so that a UK national can be prosecuted regardless of where in the world the
arrangement or facilitation of trafficking takes place or where the trafficking occurs or is intended
to occur. this development reflects the international dimensions of trafficking by UK nationals.
5.6.3 The Coroners and Justice Act 2009
the Coroners and Justice act 2009 criminalises the holding of a person in slavery or servitude
or requiring them to perform forced or compulsory labour. Once again, this act refers to article
4 of the european Convention on Human rights. the original aim of this legislation was to
correct the oversight in the asylum and Immigration act 2004, where trafficking into the UK for
non-sexual exploitation had to be proved in order for a prosecution for human trafficking within
the UK to be taken forward. However, with the amendments under the protection of Freedoms
act 2012 which remove this problem, the Coroners and Justice act should instead now be used
for cases where human trafficking for forced labour cannot be proved, but holding a person in
slavery or servitude or requiring them to perform forced or compulsory labour can be.
the Crown prosecution’s guidance on utilising this legislation states that: ‘there are already
specific offences of trafficking people for labour exploitation…and trafficking people for sexual
exploitation…Where there is sufficient evidence to bring criminal charges for these specific
offences, they should be charged in preference to the section 71 offence’.44 the guidance also
highlights the benefits of this legislation when trafficking cannot be proved, stating that: ‘In cases
where the person was not trafficked, the benefit of the section 71 offence is that it allows
prosecutors to present the full extent of the behaviour, rather than having to rely on general
offences such as assault, false imprisonment or theft’.45 this guidance reflects the need for police
and prosecutors to be aware of the legislation surrounding human trafficking and slavery, servitude
and forced labour, so that appropriate charges can be brought against the perpetrators.
The Connors family
In July 2012, the first conviction for slavery and servitude was successfully brought against James John and
Josie Connors, who were found guilty of this offence as a result of recruiting vulnerable and often destitute
or homeless men into work with the promise of good pay and accommodation.they then exploited these
men through forced labour, giving them little food and completely removing their independence. In handing
down the sentence, His Honour Judge Michael Kay QC stated that ‘this is a difficult sentencing exercise
not only because of the absence of guidance but also because the sentences I am required to pass are for
offences which cruelly deprive a person of his liberty and it is difficult to put a tariff on freedom’.46 James
John Connors received a sentence of 11 years, and Josie Connors was sentenced to four years.
43
44
45
46
154
Home Office, Report on the Internal Review of Human Trafficking Legislation, London: Home Office, May 2012
Forced labour legal guidance, Crown prosecution service, May 2012 [accessed via: http://www.cps.gov.uk/legal/s_to_u/slavery_servitude_
and_forced_or_compulsory_labour/ (25/01/13)]
Ibid
Judiciary of england and Wales, Sentencing remarks of HHJ Michael Kay QC, 12 July 2012 [accessed via: http://www.judiciary.gov.uk/
resources/JCO/Documents/Judgments/james-connors-josie-sentencing-remarks-12072012.pdf (13/07/12)]
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5.7 The case for a Modern Slavery Act
5.7.1 Bring offences under one Act
there is damaging uncertainty surrounding UK legislation on human trafficking and slavery. as
outlined above, human trafficking offences are located within two separate acts and slavery,
servitude and forced or compulsory labour offences under a third. Offences are made even
more unclear by the fact that one of these acts – the asylum and Immigration (treatment
of Claimants, etc.) – falls under immigration law rather than criminal law. this separation of
the different forms of exploitation is unhelpful, and creates unnecessary confusion for those
whose job it is to implement the legislation. police, prosecutors, judges and the jury can
be misled to believe that any trafficking that is not for sexual exploitation is not a criminal
issue because of its immigration statute. this further perpetuates the misunderstanding of
trafficking as an immigration – and not a criminal – problem.
‘trafficking for non-sexual exploitation is the only immigration
crime that has a victim.’
Pam Bowen, Crown Prosecution Service, in evidence to the CSJ
the CsJ calls for the consolidation of legislation into one act: the Modern slavery act.
this would have both practical and symbolic significance. It would enable law enforcement
agencies to act with greater clarity, and would no longer require reference to immigration law
for the appropriate offence if they wish to prosecute for non-sexual exploitation.
‘If it was one simplified act – anything that’s made simpler
is a good thing.’
Anonymous police officer, in evidence to the CSJ
5.7.2 Make provisions for investigation and identification of victims
the CsJ recommends that the Modern slavery act should include provisions for the
investigation of cases of potential modern slavery. In view of the varying practice around
the country and across various sectors of the state, the CsJ is convinced that the most
appropriate way to bring about a proportionate and uniform effort to identify victims of
modern slavery and human trafficking and investigate the circumstances of their victimisation
is to enact the obligation to do so in statute. though this may seem a radical step, it is in fact
no more than a clarification of the obligations to which the UK is already subject through the
european Convention on Human rights (eCHr) and its associated case law.47
47
the european Convention on Human rights [accessed via: http://www.echr.coe.int/nr/rdonlyres/D5CC24a7-DC13-4318-B4575C9014916D7a/0/Convention_enG.pdf (10/02/13)]
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Rantsev v Cyprus and Russia
In the case of Rantsev v Cyprus and Russia the court concluded that human trafficking itself, within the meaning
of article 3(a) of the palermo protocol and article 4(a) of the Council of europe Convention, falls within
the scope of article 4 of the eCHr which prohibits holding someone in slavery or servitude or requiring
them to perform forced or compulsory labour.48 this case concluded that article 4 also entails ‘a procedural
obligation to investigate situations of potential trafficking’.49 It is clear from this case, that ‘the requirement to
investigate does not depend on a complaint from the victim or next-of-kin: once the matter has come to
the attention of the authorities they must act of their own motion’ (emphasis added).50 In this case the court
emphasised that such investigations must safeguard the legitimate interests of the victims. this recognition of
the positive obligations on all arms of the state to take action to ascertain whether an individual has been
a victim of modern slavery is the foundation of an effective strategy. It provides the direct and unequivocal
obligation upon which agencies’ national policy and multi-disciplinary local implementation should be founded.
enshrining this obligation in law would help to bring focus to those on the frontline who may be seeing
indicators of modern slavery.
5.7.3 Make provisions for non-prosecution of victims of modern slavery
Under the Modern slavery act provisions should also be made for ensuring that victims of
human trafficking are not prosecuted for crimes they committed as a direct consequence of
their trafficking situation. Whilst the creation of the Cps policy has provided an invaluable
step in implementing the obligations of police and judiciary towards potential victims of
modern slavery, the reality is that this obligation is not being adequately implemented across
the criminal justice sector. non-prosecution of victims is part of public criminal justice policy
which applies beyond the Cps. the appropriate form for such an obligation is therefore
statute, and not Cps policy which applies directly only to Cps staff. For this to be effective
and consistent and to eliminate the numerous gaps through which so many victims appear
to fall, such a policy must apply with equal force to, and be implemented by, all parts of the
criminal justice system (see Chapter Four, section 4.3.4). this requirement is recognised in
evidence received by the CsJ from the Cps and other stakeholders.
the most effective way to achieve this is by statutory statement of policy.51 this creates a
consistent obligation to implement the policy across all sectors of the criminal justice system,
including police, duty solicitors, prosecuting and defence advocates, judiciary and prison officers,
through identification and timely provision of information to inform the decision to prosecute
and not leaving the policy to be implemented solely by prosecutors. If the UK is to take the
duty of non-prosecution of victims seriously, then they deserve no less than such protection.
this proposal is not a recommendation for blanket immunity from prosecution. It is rather a
clear, high-level statement of the public interest that in each case a potential victim of modern
slavery deserves to have their status as a victim considered and, where appropriate, formally
identified. they also deserve to have the specific circumstances of the offences for which they
48
49
50
51
156
european Court of Human rights, Case of Rantsev v Russia and Cyprus, strasbourg, January 2010, paragraph 282
Ibid, paragraph 288
Ibid
an alternative way would be through the creation of a statutory defence akin to the statutory defence offered to refugees under
section 31 of the asylum and Immigration act 1999. In this example, a person may use as a defence for immigration offences he may
have committed the fact that he presented himself to the authorities without delay, showed good cause for his illegal presence in the
UK and made a claim for asylum as soon as he could
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have been arrested and charged considered in the light of their experience of modern slavery
and the pressures and controls that may have been brought to bear upon them. the CsJ
considers that the application of legal concepts such as ‘duress’ – which were never conceived
to apply to the type of coercion that applies in cases of modern slavery and human trafficking
– must be reconsidered. It is also appropriate to maintain a high threshold for this provision
so as not to create a loophole for criminals or those who may seek to take advantage of it. In
particular, expertise in areas such as domestic violence and child abuse should be considered
as police and others develop an understanding of the impact of compulsion or coercion on
victims, which can influence the decisions they make and the actions they take.
5.7.4 Outline the role of the Anti-Slavery Commissioner
the role of the anti-slavery Commissioner should also be contained under the Modern
slavery act. as discussed in Chapter two, the anti-slavery Commissioner should have a
statutory obligation to represent the rights of victims of modern slavery. similar to the role
of the Children’s Commissioner, the anti-slavery Commissioner should also have the ability
to launch inquiries without the permission of the Government.
the Modern slavery act will mark a radical step forward in the UK’s response to this appalling
crime. With provisions for the better identification of victims, and obligations to ensure that
potential victims of modern slavery are not prosecuted for offences they committed as a result
of their enslavement, the act will empower frontline professionals to look beyond the obvious
and proactively uncover modern slavery. provisions for the anti-slavery Commissioner under
this act will enable the UK to lead the way in making modern slavery a strategic priority, bringing
vital coordination to the UK’s response. as a significant part of the wide-ranging reforms called
for in this report, the Modern slavery act will provide a legislative foundation to equip the UK
to become a world leader in its approach to this abuse of human rights and dignity.
Human trafficking and slavery legislation under the Sexual Offences Act 2003, the Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004 and the Coroners and Justice Act 2009
should be brought under one ‘Modern Slavery Act’ to bring continuity and mitigate the risk of
confusion with immigration offences. This Act should also include provisions for the obligation
to proactively investigate indicators of modern slavery, and provisions for the non-prosecution
of victims of modern slavery;
The role of the Anti-Slavery Commissioner should be outlined under the Modern Slavery Act.
5.8 Recommendations
Human trafficking and modern slavery should form a part of all police strategic assessments and
feature on force control strategies.
A national policing policy on modern slavery and human trafficking should be developed, to
which all forces are subject, in order to improve levels of consistency in response across the UK
and outline the specific responsibilities of the police for tackling this criminal problem.
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157
Police and Crime Commissioners (PCCs) should hold their force accountable for their
response to human trafficking and modern slavery in their force area. Human trafficking and
modern slavery should also be included in the Strategic Policing Requirement, to enhance the
awareness of PCCs of the issue.
Her Majesty’s Inspectorate of Constabulary should add human trafficking and modern slavery to
its inspection criteria, and should be commissioned to conduct a thematic inspection of forces’
responses to this crime immediately.
An embedded Single Point of Contact (SPOC) role should be established in every force, to
enable local SPOCs to share information, intelligence and best practice with regional SPOCs,
which can then communicate with the UKHTC.
Modern slavery and human trafficking should be made a priority area for the NCA, to ensure
that this crime is not seen only in the context of border security or organised immigration
crime.
Dedicated researchers and intelligence analysts should be allocated to develop the policing
response to modern slavery at a regional level.
Every region should have a multi-agency forum for information sharing, based on the models
in Gwent (the Gwent Consultation Group on Human Trafficking) and the West Midlands
(the Regional Anti-Trafficking Network), which can feed information to the Anti-Slavery
Commissioner and to the UKHTC.
The UKHTC should increase its information-sharing capability so that it is able to communicate
to police forces the relevant information and intelligence about cases of which they may not
otherwise be aware.
There should be increased awareness and better promotion of the UKHTC’s Tactical Advisers,
bringing clarity to forces about the support they can expect from the UKHTC.
The relevance of the Proceeds of Crime Act 2002 (POCA) in cases of modern slavery should
be more widely recognised and should be added as a learning point in police training on modern
slavery.
Joint Investigation Teams (JITs) should be more widely used to aid police in their evidence-
gathering process. Funding is available for JITs, and should be applied for more frequently.
Police forces should consider establishing an international liaison unit, based on the European
Liaison Unit developed by Kent police.
The Home Secretary should reconsider the decision to opt out of EU police and justice
measures, taking into account the negative impact this would have on the UK’s ability to tackle
modern slavery.
Human trafficking and slavery legislation under the Sexual Offences Act 2003, the Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004 and the Coroners and Justice Act 2009
should be brought under one ‘Modern Slavery Act’ to bring continuity and mitigate the risk of
confusion with immigration offences. This Act should also include provisions for the obligation
to proactively investigate indicators of modern slavery, and provisions for the non-prosecution
of victims of modern slavery.
The role of the Anti-Slavery Commissioner should be outlined under the Modern Slavery Act.
158
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chapter six
supporting survivors
6.1 Introduction
a nation’s commitment to survivors of modern slavery is a test of its compassion and civility;
rebuilding the lives of those who have escaped modern slavery is a fundamental duty of care.
survivors need help to recover from their experiences to ensure that they do not fall back
into exploitation; their successful reintegration into society either in the UK or their home
country is an essential facet of their recovery.
this chapter looks at the available support for people who have been identified as potential
victims of modern slavery, and addresses the recovery and reintegration options that are
available to them. the Government has committed to providing some aftercare support
for adult survivors of modern slavery through the Ministry of Justice. this chapter looks at
how this support is delivered, points to examples of best practice and highlights how this
delivery can be improved. Victims of modern slavery (or those whose cases are yet to be
decided) are given a period of time for ‘recovery and reflection’ after their enslavement has
ended. this ‘reflection period’ is designed to allow time for an individual’s health, emotional
and practical needs to be met, as they begin to recover from their experiences. this chapter
asks how well this is working, assesses experiences of the current 45-day reflection period
allowed by the Government and considers how the national referral Mechanism (nrM)
process affects the provision of support.1 It also deals with the reintegration input available
to survivors, and what ‘moving on’ looks like for a person who has been a victim of this
most horrendous abuse.
aftercare provision for children takes on a different form from adults, not least because it is
the automatic duty of local authorities to safeguard vulnerable children within their area. the
most pressing concern registered with the CsJ during its research into support and care for
child victims of modern slavery has been the number of trafficked children going missing from
local authority care. this outrage is exposed in this chapter, and recommendations are made
for how the situation can be improved.
1
For further explanation and analysis of these mechanisms see Chapter three
It Happens Here | supporting survivors
159
6.1.1 Definitions
Under the Council of europe Convention, the UK must implement measures to identify and
protect victims, ensure their rights are safeguarded and ensure access to minimum standards
of service provision. this support can take many different forms, from 24-hour staff-secure
accommodation to outreach within the community.
Article 12: Council of Europe Convention on Action Against Trafficking in Human Beings
Assistance to Victims
1. each party shall adopt such legislative or other measures as may be necessary to assist victims in
their physical, psychological and social recovery. such assistance shall include at least:
a) standards of living capable of ensuring their subsistence, through such measures as: appropriate
and secure accommodation, psychological and material assistance;
b) access to emergency medical treatment;
c) translation and interpretation services, when appropriate;
d) counselling and information, in particular as regards their legal rights and the services available
to them, in a language that they can understand;
e) assistance to enable their rights and interests to be presented and considered at appropriate
stages of criminal proceedings against offenders;
f) access to education for children.
2. each party shall take due account of the victim’s safety and protection needs.
3. In addition, each party shall provide necessary medical or other assistance to victims lawfully
resident within its territory who do not have adequate resources and need such help.
4. each party shall adopt the rules under which victims lawfully resident within its territory shall be
authorised to have access to the labour market, to vocational training and education.
5. each party shall take measures, where appropriate and under the conditions provided for by its
internal law, to cooperate with non-governmental organisations, other relevant organisations or other
elements of civil society engaged in assistance to victims.
6. each party shall adopt such legislative or other measures as may be necessary to ensure that
assistance to a victim is not made conditional on his or her willingness to act as a witness.2
the team tasked with monitoring responses to human trafficking within the eU – the Group
of experts on action against trafficking in Human Beings (Greta) – recently visited the UK
to assess its response to the Council of europe Convention on action against trafficking in
Human Beings. It asserted in its subsequent report that the UK should make ‘further efforts to
ensure that all potential and actual victims of trafficking are provided with adequate support
and assistance from their identification through to their recovery’.3 Greta included in its
report recommendations for: the development of minimum support standards; appropriate
2
3
160
article 12, Council of europe Convention on action against trafficking in Human Beings, 2005 [accessed via: http://conventions.coe.int/
treaty/en/treaties/Html/197.htm (22/09/11)]
Greta, Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the
United Kingdom, strasbourg: Greta, september 2012, p64
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six
accommodation for children; access to the labour market, vocational training and education;
access to translation services; and improved access to legal advice. evidence to this review
suggests that whilst the UK has gone some way to helping survivors of modern slavery to
access help, significant gaps remain in the way they are supported.
6.2 Survivors of modern slavery: health and emotional needs
‘The damage to a person’s capacity to form and maintain relationships, together with
enduring personality change, helps to explain the profound problems faced by trafficking
victims in rebuilding their lives after release.’ 4
Modern slavery frequently involves sustained levels of abuse and violence, with many individuals
suffering serious health issues for a long time after their experience. some injuries may be less
visible; psychological and emotional damage is often serious, with aftercare providers reporting to
the CsJ cases of attempted suicide, night terrors, panic attacks and aggressive behaviour.5
‘she doesn’t really understand what a counsellor is but will give it
a try because the faces of her attackers keep coming to her during
the day and night.’
Anonymous aftercare provider, in evidence to the CSJ
Other survivors might experience insomnia, irritability and depression. the experience
of ‘inhumane living conditions, poor sanitation, inadequate nutrition, poor personal
hygiene, brutal physical and emotional attacks at the hands of their traffickers, dangerous
workplace conditions, occupational hazards and general lack of quality healthcare’
can have a sustained and damaging impact.6 those working with victims of modern
slavery report that individuals can often ‘feel degraded, isolated and unreachable’. 7
the psychological controls exerted over victims must not be underestimated; one individual
described the psychological hold of her trafficker in the following way:
‘He had beaten me with his mind’.8
extensive research has been conducted on the effects of post-traumatic stress Disorder
(ptsD) and Complex post-traumatic stress Disorder (Complex ptsD). these conditions
4
5
6
7
8
Korsinski M, ‘Identifying and responding to trauma in victims of trafficking and exploitation’, in p Chandran (ed), The Human Trafficking
Handbook: Recognising human trafficking and modern slavery in the UK, edinburgh: Lexisnexis, 2011, p69
anonymous aftercare providers, in evidence to the CsJ
europa website, Human Trafficking: Medical effects on victims [accessed via: http://ec.europa.eu/anti-trafficking/download.action;jsessionid=
9hQXrQhKLpY2jnrhrmFdJlFvtQp2btnnQG7HMQ2b2wtt1l5nbtbv!-656776111?nodepath=%2Fnational+Info+pages%2FIreland%2F5.+
resOUrCes%2F5.3+reports%2F5.3.2+Other+reports+and+publications%2FForum+Magazine+on+Medical+effects.pdf&filename=Fo
rum+Magazine+on+Medical+effects.pdf&filetype=pdf (06/06/12)]
Korsinski M, ‘Identifying and responding to trauma in victims of trafficking and exploitation’, in p Chandran (ed), The Human Trafficking
Handbook: Recognising human trafficking and modern slavery in the UK, edinburgh: Lexisnexis, 2011, p65
trafficking survivor, quoted in Korsinski M, ‘Identifying and responding to trauma in victims of trafficking and exploitation’, in p Chandran
(ed), The Human Trafficking Handbook: Recognising human trafficking and modern slavery in the UK, Edinburgh: LexisNexis, 2011, p69
It Happens Here | supporting survivors
161
can often be applied to the symptoms shown by a victim of modern slavery. In some cases,
issues of alcohol dependency and addiction will be of paramount concern, and the long-term
input needed to overcome these health problems must be recognised. sexual health needs
are also likely to be present in some cases, and established connections with sexual assault
referral Clinics (sarCs) are essential in order for aftercare providers to adequately support
individuals and meet their particular needs.
In some cases, the health needs of a person who has been a victim of modern slavery will
leave them unable to work due to injury, severe anxiety or depression. In the case of one
individual that the CsJ met, the person had such severe injuries from being trapped in forced
labour and beaten that he was unable to work and needed help to access disability benefits.
this man also had serious dental problems since many of his teeth had been pulled out by
his trafficker during an attack.9 a further implication of modern slavery upon a person is the
effect on their memory, which has been well-documented by those working directly with
survivors; it is common for a person who has endured severe trauma to disassociate and
‘forget’ their experience:
‘When a person is faced with a horrific experience they naturally try to disconnect
through splitting and disassociation. Disassociation has long been associated with trauma
exposure’.10
6.3 Aftercare provision for adults
the current role of the nrM is as a gateway to support for people who are exiting a situation
of modern slavery (extensions to the nrM’s remit are discussed in Chapter three). When
a person is referred to the nrM and if it is agreed that there are reasonable grounds to
believe they have been a victim of human trafficking, the person is then granted a 45-day
period of support.11 During this time, there are several elements of provision that the UK is
obliged to make available under the aforementioned Council of europe Convention. support
is delivered through partnership with voluntary sector organisations across the UK which
provide accommodation and help individuals to access their other entitlements. Once the
45-day period has ended – it ends when a final decision on a person’s ‘trafficking status’ is
made – the UK’s support obligations end.
the Ministry of Justice has allocated £2 million per year over an initial two-year period to
fund provision for survivors of trafficking in england and Wales.12 this funding is overseen
at present by the salvation army, which has been the prime contractor since July 2011. the
salvation army subcontracts to a range of different organisations across england and Wales
9
10
11
12
162
anonymous survivor of modern slavery, in evidence to the CsJ, December 2011
putnam FW, Disassociation in children and adolescents: A developmental perspective, new York: Guildford press, 1997 cited in Korsinski
M, ‘Identifying and responding to trauma in victims of trafficking and exploitation’, in p Chandran (ed), The Human Trafficking Handbook:
Recognising human trafficking and modern slavery in the UK, edinburgh: Lexisnexis, 2011, p77
For a diagram to show the nrM process, see Chapter three, section 3.2.2
salvation army, Supporting adult victims of human trafficking: Update on the first year of The Salvation Army’s anti-human trafficking contract,
London: salvation army, October 2012, p2
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to provide a variety of support to those who
are recovering from their experience of
modern slavery. these organisations range
from large supported housing providers to
small charities running safe houses only for
women trafficked into sexual exploitation.13
this reflects the varying needs of survivors,
who come from a wide variety of cultural
backgrounds and who will have had very
different experiences:
accommodation unit
provided by one of the
subcontracted aftercare
organisations
‘While there are patterns of vulnerability to being trafficked or being targeted by
traffickers, trafficked [people] are anything but a homogeneous population. They differ in
age, culture, nationality, personality, marital status, and education level’.14
the salvation army acts as a central point of coordination when a potential adult victim
of trafficking is referred into the nrM. each individual is then placed with one of the
subcontracting organisations who will provide support for the 45-day reflection period or
until the final decision is made as to whether they have been trafficked. as explained in
Chapter three, this decision is made by one of the nrM’s two Competent authorities – the
UKHtC or the UKBa. after the final conclusive decision has been given, the salvation army
is able to fund up to ten hours of resettlement work with the survivor. Once again, this may
be extendable in some circumstances. evidence presented to the Working Group shows
that the salvation army has facilitated good information sharing between the subcontracted
organisations. Quarterly meetings take place between subcontractors, which are helpful
for those organisations without previous experience of working directly with survivors of
modern slavery.15
aftercare provision in the UK is not limited only to those organisations working under the
Ministry of Justice contract; there are also a number of aftercare providers for survivors of
modern slavery which operate outside of this contract and are funded by other means.16 this
diverse provision of support is to be welcomed. the recommendations in this chapter for
those support organisations working under the government-funded contract will also apply
and be relevant to those operating independently. It is the hope of the Working Group that
any service provider, whether operating within or outside of the Ministry of Justice contract,
identifies with the need for improvement in service provision.
13
14
15
16
the full list of subcontractors includes: ashiana sheffield; BaWsO; Bournemouth Church Housing association (BCHa); City Hearts;
Hestia; Jarrett House; Medaille; Midland Heart; Migrant Help; riverside; sandwell Women’s aid; Unseen. a number of the above
organisations have multiple sites across england and Wales. this list is accurate at the time of printing
Zimmerman C et al, Stolen Smiles: a summary report on the physical and psychological health consequences of women and adolescents
trafficked in Europe, London: the London school of Hygiene and tropical Medicine, 2006, p8
this view was communicated by several aftercare providers at an evidence roundtable at the CsJ, april 2012
these include the poppy project and Leeds Women’s aid
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6.3.1 Aftercare arrangements in Northern Ireland and Scotland
though different contracts exist in northern Ireland and scotland, this chapter predominantly
explores the contract for england and Wales; many of the principles and problems will be
similar and recommendations will be replicable. northern Ireland’s Department of Justice
is responsible for the procurement of aftercare and support provisions to survivors of
trafficking. the Department of Justice contract sits with a single support agency – Migrant
Help – which coordinates the service delivery with subcontractors and delivers some
aftercare services itself. In scotland two different aftercare and support providers are
contracted – Migrant Help and the trafficking awareness raising alliance (tara). tara
receives referrals of females who have been trafficked into sexual exploitation and Migrant
Help receives all other referrals, including for sexually exploited male victims. as is the case
in england and Wales, there are also organisations working to support victims who do not
fall under these funding contracts.
6.4 Subcontractors: standards and approaches
evidence given to the CsJ has suggested that the salvation army model of subcontracting has
worked well since it began in July 2011, enabling the UK to provide a range of appropriate
accommodation for both men and women and helping those survivors who need to move
away from their current location to do so.17 the purpose of the new contract was to ensure
a wider range of services was available, across a wider variety of geographical locations,
accessible to a wider range of people. In order to achieve this, organisations that have
experience in supporting vulnerable people have had their awareness drawn to the issue
of modern slavery and are now able to support this group of vulnerable individuals as part
of a broadening of their existing services. However, one enduring concern raised during the
course of the CsJ’s evidence gathering is the lack of any minimum standards of care for the
variety of aftercare providers offering support in the UK.
Whilst a variety of approaches is to be welcomed there is a need for consistency across all
organisations which are providing support. this includes elements such as: an organisation’s
approach to providing supporting evidence for a nrM decision; the nature of the support
they give during an asylum application or any other legal process the individual may be
involved in; and the way in which they support survivors and link them with other services
when it is time for them to move on. the quality and scope of aftercare provision was mixed
from region to region: the CsJ has seen a substantial need for guidance on minimum standards
of care. this is a void that has been filled to some extent by nGOs in the sector; through
work with the Human trafficking Foundation (HtF) – a forum for organisations working in
anti-trafficking – some nGOs have developed a group to establish the key elements that
should be consistent across the spectrum of provision. this is a good example of coordination
among voluntary sector organisations. Local provision is welcome, but monitoring minimum
standards is essential practice in this area. It is therefore the CsJ’s recommendation that
agreed minimum standards of care, encased in a guidance document for aftercare providers,
17
164
this view was communicated by several aftercare providers at an evidence roundtable at the CsJ, april 2012
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are overseen by the Ministry of Justice. Organisations working outside of the Ministry of
Justice contract should also be subject to these minimum standards in a voluntary capacity,
and will be advantaged by adopting them should they seek sub-contractual arrangements in
the future. Guidelines should not be limited only to those operating under the contract. a
similar recommendation was made by the Office for security and Coordination in europe
(OsCe) in January 2012, after the special representative for Combating trafficking in Human
Beings visited the UK. the special representative recommended that the UK ‘ensure that
quality standards for victim services are maintained while centralizing the co-ordination and
the management of the provision of care’.18
Recommendation:
Agreed and monitored minimum standards of care provision should be established for aftercare
providers.
6.4.1 Decision making: contributing to the process
Whilst an individual is being supported by the aftercare provider, a parallel process is ongoing
whereby the nrM Competent authorities are gathering information to make a decision
about whether the person has been trafficked. aftercare providers both within and outside
of the Ministry of Justice contract expressed confusion over how they can best contribute
to the important decisions that are made by the Competent authorities.19 the first concern
among aftercare organisations focussed on how they should best share information with the
decision-maker. the second area of uncertainty surrounded what kind of information should
be shared: many aftercare providers were not clear about what information was relevant
and whether it should be forwarded as evidence for the decision. this lack of clarity has led
to a situation where, across the country, approaches to information sharing vary greatly. the
special representative upon her visit recommended that the UK should establish:
‘Formalized mechanisms for recognition of the role of experienced NGOs, service
providers and social partners during the identification process…[they] should not only
have authority to initiate referrals of presumed victims but should also formally contribute
with their opinion to the decision making on victim identification by the competent
authorities’.20
6.4.2 How should information be shared?
aftercare providers have raised the subject of how they should contribute to the decisionmaking process for a Conclusive Grounds decision. It became clear during our research
that aftercare providers are unsure of the method and frequency with which they should
18
19
20
Giammarinaro MG, Report by Organisation for Security and Cooperation in Europe Special Representative and Co-ordinator for Combating
Trafficking in Human Beings, following her visit to the UK, 7–10 March 2011, Vienna: OsCe, January 2012, p6
For a full explanation of the role of Competent authorities in the nrM, see Chapter three
Giammarinaro MG, Report by Organisation for Security and Cooperation in Europe Special Representative and Co-ordinator for Combating
Trafficking in Human Beings, following her visit to the UK, 7–10 March 2011, Vienna: OsCe, January 2012, p6
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be contributing information to the decisions of the Competent authority. subcontracted
aftercare providers are not only significant actors in the process of safeguarding and
supporting an individual, but also hold important information about the people with whom
they work.
It is therefore essential that these organisations are subject to clear and concise guidance
as to what is expected of them, and how they can contribute to a fair and just decision. It
is important that Competent authorities recognise the unique perspective that aftercare
providers can offer: at present ‘the opinion of experienced frontline staff is not always given
due weight’.21 Keyworkers for aftercare organisations spend a sustained period of time with
individuals, building trust as the individual begins to feel safe.
aftercare providers are in a prime position to develop a ‘sound understanding of the risks,
ethical considerations, and the practical realities related to trafficking [which] can…increase
the likelihood that a [victim] will disclose relevant and accurate information’.22 this fact must
not be disregarded. though aftercare providers and the Competent authority have different
and distinct roles – one to provide support and one to make a fair decision – there is a need
for greater understanding between the two agencies. as much information as possible must
be gathered in order to provide the Competent authority with enough insight to make an
informed decision. One aftercare provider in the south West has recognised this problem
and developed a pro forma document as a means of passing information to a Competent
authority in an unbiased and standardised way.23 However reception of this document by
Competent authorities has been mixed, highlighting the inconsistent approaches across the
country and the need for a standard process for information to be submitted.
‘they’ll tell you things they won’t tell anyone else.’
Becky, victim support worker, in evidence to the CSJ
the UKBa Competent authority guidance says that ‘decision makers should proactively
contact the support provider, the first responder, the investigating police force and the Local
authority (in the case of children) to consider whether an extension of the reflection period
is warranted’.24 It is worrying however that this active seeking of information is often not
happening. there was a general consensus among all aftercare providers spoken to that much
more comprehensive guidance on how to feed evidence to a Competent authority is crucial
to ensuring a fair decision, regardless of where and by which organisation the individual is
supported. It is the CsJ’s recommendation that, based on best practice in Bristol, a pro forma
document is submitted by all aftercare agencies to the Competent authority to enable
21
22
23
24
166
Greta, Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the United
Kingdom; First evaluation round, strasbourg: Greta, september 2012, p51
Watts C and Zimmerman C, Ethical and Safety Recommendations for Interviewing Trafficked Women, Geneva: World Health Organisation,
2003, p1
Unseen, in evidence to the CsJ, July 2012
UKBa, Guidance for Competent Authorities, p33 [accessed via: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/
asylumprocessguidance/specialcases/guidance/competent-guidance?view=Binary (18/10/11)]
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them to make a fair and just final decision. a pro forma approach would also take away
the responsibility from the aftercare provider to decide whether information is detrimental
to the individual; it would remove the potential for bias. also included should be an agreed
updating procedure, enabling aftercare providers to update the Competent authority with
new information – such as disclosures from the individual – as necessary.
‘they need to give us credibility for the information we pass on –
we work with them [survivors] 24/7 and they tell us things they
would not tell a Competent authority due to trust issues.’
Becky, victim support worker, in evidence to the CSJ
Recommendation:
Guidance should be given from Competent Authorities on the information needed from
aftercare providers. A pro forma document outlining the evidence and information required
should be used as standard practice.
6.4.3 What information should be shared?
additionally, aftercare organisations are largely unclear as to what level and form of
information or evidence they are required to communicate to the Competent authority
and how frequently they should update them. the value of different documents to the
decision-making process – such as medical certificates or counsellor’s letters – should also
be made clear. Once again, the CsJ was given the impression of national inconsistency. some
organisations have a very positive relationship with their local Competent authority with
regular contact over the telephone when new evidence or information is disclosed. Others
submit a substantial report for every individual they work with, including documentation of
the individual’s mood and attitudes. still others only provide information if and when it is
elicited directly by the Competent authority. some Competent authorities are therefore
overwhelmed with detail, whereas others will not receive the detail they need unless they
directly approach the aftercare provider.
‘a report should be the only standard way of feeding in to the
decision makers. It’s not standard procedure now, but it should be.’
Aftercare provider, in evidence to the CSJ
Much research has been conducted into the impact and effect of trauma on a person’s ability
to interact with others and their capacity to remember and recount traumatic experiences,
particularly when under pressure to do so. research shows that ‘the accounts of many victims
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are filled with omissions, distortions, and outright contradictions. Many struggle to recall what
happened or how and why they behaved in the way they did’.25 It is therefore essential that
a survivor’s vulnerabilities are recognised and the insight of a key worker is legitimised.
6.5 The NRM referral form
a pressing concern registered by aftercare providers is the recent policy change which
means that they are no longer permitted to see a copy of the nrM referral form for their
client. this form contains valuable information about the person, and prior to this change
ensured that support workers were aware of the background and needs of the individual
when they arrived. risk assessments are also made difficult in light of this development;
aftercare providers will know very little about the person being referred to them, and will
not be able to ascertain quickly the level of risk that the individual, and staff, may be at. If
aftercare providers are to deliver appropriate aftercare to a survivor with immediate effect,
including making an appropriate risk assessment regarding issues such as the immediate risk
of re-trafficking and the need for secure accommodation, it is essential that they are provided
with sufficient background information. Yet this should be provided without the need for the
survivor to have to retell his or her story, with all the potential trauma that may involve. Much
of this information is readily available in the nrM referral form. Formerly, aftercare agencies
were permitted to read the nrM referral form and gain from it an immediate understanding
of the background and needs of a survivor.
‘How can you begin to understand what that person has been
through? You don’t want to have to duplicate the process of
interviewing them to find out.’
Senior police officer, in evidence to the CSJ
this also makes the task of providing additional information to the Competent authority
very difficult, given that aftercare providers are no longer aware of what information has
been disclosed in the first instance. aftercare providers are not able to verify or challenge
information that may help Competent authorities, who do have access to the nrM referral
form, to make a fair decision. the CsJ recommends that aftercare providers are given
immediate restored access to the nrM referral form. the nrM referral form, as a multiagency document, is should be shared with aftercare providers who are responsible for
survivor care.
a further issue with the nrM referral form is that the current indicators featured on the form
are based on the Delphi Indicators, written in March 2009.26 since then, understanding of the
25
26
168
Korsinski M, ‘Identifying and responding to trauma in victims of trafficking and exploitation’, in p Chandran (ed), The Human Trafficking
Handbook: Recognising human trafficking and modern slavery in the UK, edinburgh: Lexisnexis, 2011, p76
results from the Delphi survey, implemented by the International Labour Organisation and the european Commission, March 2009
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types of modern slavery that are taking place in the UK has developed and these indicators
no longer reflect the latest knowledge about modern slavery. a specific example of this is the
recent recognition of trafficking for forced criminality in the UK. Indicators for this particular
form of exploitation are not found on the current form. It is important that indicators are
updated so that potential victims of modern slavery are referred to the appropriate support
provision; as much information about their situation as possible must be recorded on the
referral form. the forms, like the nrM itself, must be flexible to accommodate developments
in knowledge and experience. the CsJ recommends that the indicators on the referral form
are reviewed and updated annually by the nrM strategic Oversight Group, who should
oversee the development of new indicators, should the need arise.27
Recommendations:
Aftercare providers should be given access to the NRM referral form;
Updated indicators – reviewed annually – of human trafficking should be added to the NRM
First Responder form, as a result of a comprehensive review of the current indicators and
developments in understanding that have taken place.
6.6 The reflection period
the reflection period is the period of time given to individuals between receiving a positive
reasonable Grounds decision (which is the ‘gateway’ to support whilst authorities consider
evidence on whether they have been trafficked) and receiving their final decision. Under the
Council of europe Convention, the reflection period serves a number of purposes including:
to allow victims of trafficking to recover and escape the influence of traffickers;
to allow time for victims to decide whether they would like to cooperate with the
authorities.28
Its duration has not been defined under British legislation and is only outlined through policy
guidance, but the UK grants a 45-day reflection period, with a possibility of extension under
special circumstances.29
6.6.1 Contradictions in the reflection period
a fundamental flaw in the reflection period is the contradiction between the roles it is
trying to fulfil. this ‘random and fairly brief ’ 45-day period is designed both for the survivor
to be allowed time to recover from their ordeal but also for Competent authorities to
27
28
29
the nrM strategic Oversight Group exists to oversee the nrM. It includes nGO support organisations; Inter-Departmental Ministerial
Group on Human trafficking, First Annual Report of the Inter-Departmental Ministerial Group on Human Trafficking, London: Home Office,
October 2012, p82
article 13, Council of europe Convention on action against trafficking in Human Beings, 2005 [accessed via: http://conventions.coe.int/
treaty/en/treaties/Html/197.htm (22/09/11)]
the minimum amount of time for a reflection period, outlined under the Council of europe Convention, is 30 days; ibid
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begin and conclude their decision-making process.30 there may also be asylum interviews, or
engagement with the police during this period. to fulfil both objectives in the allotted time is
an untenable goal, and means that survivors are forced to share their experience and undergo
interviews during a time that should be given to recovery and reflection.
UKBA Competent Authority Guidance
‘Competent Authorities should attempt to gather all available information before deciding to interview
and should not normally conduct a NRM interview during the first 30 days of the recovery and
reflection period, unless there are strong reasons why this would be appropriate.’ 31
6.6.2 Insufficient time
‘You’re teaching people how to make an informed choice, often for
the first time in their lives.’
Kate Garbers, Co-Founder and Project Director of Unseen, in evidence to the CSJ
numerous aftercare providers told the CsJ of the unrealistic expectation that a 45-day period
is long enough for a survivor to become ready to move on and live independently, whether
in the UK or in their country of origin. One aftercare provider compared the constraints of
the reflection period to ‘a big stick beating the staff ’.32 a combination of processes for any
individual survivor means that the 45-day period is not typically a time of reflection, but one
of further pressure and stress. If the focus of the reflection period is to enable a survivor
to prepare for independence, self-sufficiency and eventually reintegration into society a very
different approach is required which focuses on long-term outcomes for the individual, and
not simply 45 days of support.
‘If they are going to survive and thrive after 45 days, then great. If
not, we need to arm them – they need to be economically and
emotionally safe or they are going to fall back through the gaps in
the system time and time again.’
Becky, victim support worker, in evidence to the CSJ
the key message from aftercare providers is that in light of the resources and provision that
is actually available, 45 days is an unrealistic timeframe to prepare a survivor for recovery.
30
31
32
170
anonymous UKBa Competent authority, in evidence to the CsJ, December 2011
UKBa Competent authority Guidance, p30 [accessed via: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/
asylumprocessguidance/specialcases/guidance/competent-guidance?view=Binary (21/04/12)]
anonymous aftercare provider, in evidence to the CsJ, april 2012
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a traumatised person who has had their liberty removed from them will face substantial
challenges in moving on and rebuilding their life again. It is crucial that each person is able to
make informed choices and informed decisions before they are deemed ready to move on.
the reflection period does not allow for the individual to prepare to move on in a safe and
sustainable way. One anonymous aftercare provider told the CsJ that the ad hoc extensions
that may be available after the Conclusive Grounds decision are putting survivors at serious
risk: ‘nobody’s yet been put out on the streets…but we’re always just waiting for the day
when somebody’s going to fall through the gaps – and it could really happen’.33 additionally, in
many cases, at the very time that a survivor’s support entitlement under the nrM concludes,
they are in need of help with the practical aspects of living independently.
‘Going from 24/7 support to independent housing is terrifying.’
Aftercare provider, in evidence to the CSJ
‘part of the reason they were trafficked was because they were
vulnerable – that needs to be addressed as they begin to move on.’
Aftercare provider, in evidence to the CSJ
the structure of the reflection period is at odds with the realities of a survivor’s support
needs. this situation puts enormous pressure on aftercare providers, who have reported
frantically trying to get all provisions in place before the person leaves their care. the
reflection period has been likened to a ‘runaway train’ with which support providers are
constantly trying to catch up.
6.6.3 Length of stay
the length of stay in aftercare facilities for survivors of modern slavery can vary greatly. this
is due largely to the decision-making process of the authorities, and how long a decision will
take to be produced. this can depend, as discussed in Chapter three, on the immigration
status of an individual, or on other issues such as how accessible information and evidence on
their case might be. It also depends upon the individual’s own support needs; in some cases
an individual will move on from the aftercare facility before their final decision comes through,
if they are deemed to be ready. recent analysis shows that the average length of time that
a person was supported by the salvation army or one of its subcontractors in the first year
of its contract was 69 days.34
However, it is important to note that in some cases a slow decision from the Competent
authority can benefit a survivor. For someone who is recovering from a very traumatic
33
34
anonymous aftercare provider, in evidence to the CsJ, april 2012
the salvation army, supporting Adult Victims of Human Trafficking: Update on the first year of The Salvation Army’s anti-human trafficking
contract, London: the salvation army, October 2012, p3 [accessed via: http://www.salvationarmy.org.uk/uki/anti_Human_trafficking_
One_Year_report (12/01/13)]
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experience and is in need of a high level of support, a delay in their Conclusive Grounds
decision will allow them to access the support of aftercare providers for an extended period.
Yet, this places pressure on the prime contractor – the salvation army – to fund extended
periods of support whilst an individual waits for their decision. this is unsustainable, given
that the Ministry of Justice funds the salvation army based on a model designed to cover
costs for the 45-day reflection period. For others, however, a quick decision is most beneficial,
allowing them to move forward and begin their new life either in the UK or back in their
home country, provided their support needs are identified and the correct move-on support,
accommodation and services are appropriately arranged. In these cases, delays to a decision
have a negative impact, and create a financially precarious situation for nGOs who are
maintaining an individual in accommodation whilst they wait for a decision to be made.
Worryingly, aftercare providers have reported that the increase in referrals to the nrM means
that they are under even more pressure to move victims on quickly, and before they are ready.
this is dangerous: if aftercare providers are forced to move an individual into independence
when they are not prepared, the risks of that person falling back into vulnerability are very
high. the absence of a focus on the outcomes for survivors, and the lack of funding which
creates increased pressure to move people on quickly is becoming a real problem. serious
questions must be asked about the standard of support and protection the UK is currently
offering to survivors of modern slavery within its communities.
‘You can have a Conclusive Grounds decision but have nowhere to
live and still be very traumatised. there might be drug and alcohol
problems. there might be vulnerabilities to re-trafficking.’
Victim support worker, in evidence to the CSJ
6.6.4 Ministry of Justice contract renewal
the CsJ recommends that the Ministry of Justice contract, which approaches renewal in
summer 2013, be developed to recognise the reality of provision needs. the current contract
is modelled on the provision of funds for a 45-day reflection period. the average number of
days an individual has been supported under the contract in the first year of delivery is 53 per
cent longer than the period of time the funding amount is based on.35 the Ministry of Justice
should develop this funding stream to ensure that financial provision reflects the reality of need
and allows for flexibility in the length of time the salvation army can provide support. It is also
notable that the average duration of Government contracts is eight years: the Ministry of Justice
contract with the salvation army will run for a maximum of three years.36 a longer duration of
contract would enable all partners to develop their response, overcoming ‘teething problems’
and enabling support services to establish processes based on experience.
35
36
172
Ibid
national audit Office, Central government’s management of service contracts: Report by the comptroller and auditor general, London: naO,
December 2008
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6.7 Reintegration: what happens next?
Under the provisions of the Council of europe Convention, the UK must engage in and
support the ‘social recovery’ of survivors of human trafficking.37 a number of support
providers in touch with our review voiced fears that many survivors are vulnerable to
isolation and even re-trafficking after receiving their Conclusive Grounds decision. this reflects
the lack of focus on complete reintegration, explored below.
‘to our knowledge, after the reflection period there’s this void.’
Chiara Gnoli, IOM Counter-Trafficking Service, in evidence to the CSJ
‘Our project is a safe place for women for a few short days, weeks
or months. Longer term support is desperately needed.’
Anonymous aftercare provider, in evidence to the CSJ
Under the government contract, the salvation army may fund up to ten hours of ‘resettlement’
support, and may in some cases allow extensions to aftercare providers on an individual
basis, but this is an ad hoc set-up which is unsustainable and unaffordable in the long term.
a number of aftercare providers told the CsJ that the ten hours of resettlement work they
are able to give someone who is moving on were insufficient, and some spoke of the unease
they feel when they have to ‘sign someone off ’ after this outreach has been completed. there
is no standard or sustained support to help individuals who have received their Conclusive
Grounds decision, who are allowed to remain in the UK but who find themselves vulnerable,
jobless and with limited options other than accessing benefits.
“If someone asked what integration efforts we have in place here
in the UK specific to the vulnerabilities and needs of a trafficked
person with a residence permit, my answer would be: ‘we have
nothing standard or mainstream’.”
Chiara Gnoli, IOM Counter-Trafficking Service, in evidence to the CSJ
‘We do all this work with you, but then you get a decision and now
we haven’t got anything to offer you.’
Becky, victim support worker, in evidence to the CSJ
In essence, significant support for a victim of modern slavery ends when the decision has
been made over their trafficking status. aftercare provision in the UK must develop a wider
37
article 12, Council of europe Convention on action against trafficking in Human Beings, 2005 [accessed via: http://conventions.coe.int/
treaty/en/treaties/Html/197.htm (22/09/11)]
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response that is victim-centred, forward-looking and which aims to give the survivor the best
possible chance at an independent and self-sufficient future.
6.7.1 National inconsistency in approaches to reintegration in the UK
Clients at an aftercare
provider on a day trip
there is a lack of coordinated focus on
reintegration and resettlement for survivors
who are able or allowed to remain in the UK.
this has led to regional inconsistencies, where
those aftercare organisations with good
relationships with other support agencies
in the area are able to signpost individuals
to these services as they leave their care.
Migrant Help, an aftercare provider based
in Kent, has procedures in place to refer
clients to eU migrant advice centres and One stop services for asylum seekers. Migrant Help
also works with a local counselling centre; it gained Big Lottery funding to provide ongoing
counselling services outside of the agreed timescales under the nrM.
Local counselling arrangements: Migrant Help
Migrant Help has a local arrangement that is specific to its aftercare work with victims of modern
slavery. Dover Counselling Centre and Migrant Help work in conjunction to provide the most
appropriate and case-sensitive counselling services, available to all survivors in their care. When a new
client arrives at the charity, an assessment is made and the person is offered counselling. If they agree
and wish to meet with a counsellor, a further assessment is made (with an interpreter if required) and
the counsellor will evaluate the needs of the person and estimate the number of sessions that are
likely to be required. However, given the time constraints of the 45-day reflection period, there is not
always time to complete the necessary counselling programme; this means that some survivors will
start a series of counselling sessions without ever completing them since funding and time will run out.
as a result of this, Dover Counselling Centre and Migrant Help have secured additional independent
funding to ensure that the full therapeutic needs can be met by ensuring the counselling sessions
continue, if required, even after the funding from the salvation army ends:38
‘It can take approximately three weeks for a victim to begin receiving counselling sessions – these
are usually supplied at a rate of one per week for eight weeks on average. However once the victims
receive a Conclusive Grounds decision, aftercare providers are expected to exit the victims from care.
At this stage they may have only received three or four sessions of counselling. This additional funding
that we have sought enables us to continue to provide the much-needed counselling services required
by the victims without causing more upset by having the service cut short’.39
Organisations without such sustained or positive links face a challenge in helping individuals
to access the ongoing support they might need when it is time for them to move on. Local
links with services are crucial to ensuring that a person’s experience of moving forward is
38
39
174
Migrant Help, in evidence to the CsJ, October 2012
Ibid
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robust and that their vulnerabilities are addressed. In the words of one support worker:
‘a victim’s experience shouldn’t stand and fall on the nature of your relationship with local
agencies’.40
‘You spend a lot of time trying to get mental health support
through statutory agencies – it’s a complete nightmare. so there’s
someone untreated who’s clearly got a mental health illness…that
is a big issue.’
Anonymous aftercare provider, in evidence to the CSJ
‘the kind of support an individual gets depends on where a
survivor is placed and depends on the relationships that the charity
has with the surrounding statutory authorities.’
Kate Garbers, Co-Founder and Project Director, Unseen, in evidence to the CSJ
Links within the community among other voluntary sector organisations who are able to
support vulnerable people back into the community are crucial, as can be seen in the work
of the William Wilberforce trust in London.
The William Wilberforce Trust
the William Wilberforce trust (WWt) anti-trafficking project provides help and support to women
who have been trafficked and who are exiting aftercare facilities after their Conclusive Grounds
decision. establishing links before the person leaves their supported accommodation, the WWt offers
practical help and a befriending service, recognising the risk of loneliness and isolation for women who
may be from overseas and have no local social networks.
‘When we started, there was very little support for women once they had left the shelters. In many
cases, aftercare providers were working at capacity and some women who had left their care were
struggling to get by in shocking circumstances with little or no support … Organisations need to realise
that it’s okay if they can’t do everything – admitting their limits allows other people to help.’
Hayley Bisofski, The William Wilberforce Trust in evidence to the CSJ
Mary
Mary was referred to an aftercare provider after having been trafficked from West africa to the UK
by a man who offered her a job and an education. she was instead forced to work in a brothel as
soon as she arrived. Mary was raped by her trafficker and became pregnant.41 During the time Mary
was with the aftercare provider she gave birth to a baby boy. When her positive Conclusive Grounds
decision was made, she was also granted Discretionary Leave to remain in the UK by the UKBa.
40
41
robert, victim support worker, in evidence to the CsJ, March 2012
For the beginning of Mary’s story, see Chapter One, section 1.5.2
It Happens Here | supporting survivors
175
Mary was then obliged to leave the aftercare facility and move into a council house. When WWt
met her, Mary was living in a house with a broken boiler and was very confused about her benefit
entitlements. WWt began to work with Mary, helping her to move house to a safer area, providing
furniture for her new home and supporting her with her application for benefits. Without the help
of this organisation, Mary would have been lost; she was in a new country, attempting to start again
with no friends and no family. WWt draws on the successful model of its partner organisation, Caring
for ex-Offenders, recognising that those beginning an independent life will often need significant help
getting started. It builds relationships of trust with those it supports, ensuring that when the time
comes to start rebuilding their lives, the William Wilberforce trust is a reliable support network for
them.
additionally, some aftercare organisations have excellent resources within their own service
provision for other vulnerable people, such as those who are homeless or overcoming
addiction. In these cases, organisations such as Midland Heart in Birmingham, for example,
are able to make an ‘internal transfer’, ensuring that although a survivor may be leaving their
trafficking support service, they are still very much under the organisation’s ‘umbrella’ of
support and are much less at risk of becoming isolated or going missing. On the other hand,
some smaller organisations are challenged by the fact that when their remit for trafficking
support ends there is a limited selection of services they are able to recommend or access
for individuals leaving their care.
Clients at an aftercare
provider
‘Our organisation has lots of other diverse services; mental health,
young people and inclusion services – it’s because of those other
provisions that we can provide additional floating support and
access to housing for survivors of human trafficking much more
readily.’
Staff member, Midland Heart Anti-Human Trafficking Project, in evidence to the CSJ
176
the Centre for social Justice
six
a longer-term focus on reintegration must be developed among aftercare organisations
and with the support of local government, which sustainably ties in services and voluntary
organisations at a local level to aid in the provision of move-on support.
‘We sometimes have victims who have more needs than we can
cater for – we are not mental health experts or qualified in dealing
with addictions, and it is difficult to move women on who have a
need for high support in these areas.’
Aftercare provider, in evidence to the CSJ
‘We’re not nurses, we’re not midwives, and certainly in the area of
mental health we do get quite a few issues.’
Medaille Trust staff member, in evidence to the CSJ
Maintaining contact
Maintaining contact with survivors once they have left an aftercare agency is also a challenge. this
is crucial, however, if organisations are to assess the long-term impact of the support they are able
to offer:
‘There have been few in-depth evaluations of long-term reintegration programmes and long-term
follow-up of victims can be difficult as those victims assisted move on with their lives and lose touch
with service providers, little is known about best practices for long-term reintegration’. 42
One aftercare organisation has attempted to keep track of those who have left their service by
hosting a regular coffee morning. this is to ensure that the survivors are safe and to acquire some
feedback on where they are and what they are doing. this helps to inform the charity of the success
of the service it provides and enables them better equip individuals for when they will inevitably
need to move on. this is, however, beyond the remit of the organisation, and fears remain that other
subcontractors are not doing the same and are losing track of survivors when they leave. the balance
between following up with a client and avoiding an unhealthy level of reliance is difficult but crucial,
and should form part of the standards of care guidance that the CsJ has recommended in section 6.4.
the International Justice Mission (IJM), an organisation working to enhance public justice systems
for victims of abuse and oppression who urgently need the protection of the law, has developed
substantial outcome measurements for its work in south asia. IJM puts in place key milestones for
every person it works with – such as finding a home, accessing work and registering with local
government for relevant benefits. It also maintains links with its clients, for example through monthly
meetings over a two-year period, in order to ensure that the person has reintegrated to such a level
as to establish economic self-sufficiency and resilience to re-trafficking.
42
the International Organisation for Migration, The IOM Handbook on Direct Assistance for Victims of Trafficking, Geneva: IOM, 2007, p105 in
rigby p, Malloch M and Hamilton-smith n, A report on child trafficking and care provision: Towards better survivor care, sterling: University of
sterling, april 2012, p24
It Happens Here | supporting survivors
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City Hearts, an aftercare provider giving support to survivors of modern slavery in sheffield, has
recognised the need for maintaining contact and supporting clients after they have left their service.
as a result, the snowdrop Foundation has been established to provide floating support to those who
are exiting the 45-day aftercare period.43 this project offers help in resettlement to those who may
not yet be ready to live independently.
6.7.2 Shifting the focus: reintegration
‘Reintegration is the process of recovery and economic and social inclusion following a
trafficking experience. It includes living in a safe and stable environment, having access
to a reasonable standard of living, enjoying mental and physical wellbeing, having
opportunities for personal, social and economic development and having access to social
and emotional support.’44
reintegration for survivors of modern slavery will involve a number of key organisations and
agencies including health services, housing providers, education and training programmes,
local authority services and others in the voluntary sector working to support the
vulnerable.
‘If you don’t invest in resettlement, people start bouncing back into
trouble.’
Support worker, the Poppy Project, in evidence to the CSJ
For one organisation working with survivors of trafficking, the average time it takes from when
an individual is given their Conclusive Grounds decision to when they are living independently
either with a job or access to benefits is 93 days; the process of reintegration is not a speedy
one, and can take time.45 the CsJ recommends that a joined-up reintegration programme for
survivors of trafficking who are able or allowed to remain in the UK should be developed.
resilience to exploitation should be a key outcome of this reintegration focus; it is vital that
a survivor is equipped to move forward without the fear of falling into the hands of those
who wish to exploit them once again. the CsJ has heard about two survivors who have left
the support of an aftercare agency and are now working in a brothel, where there are fears
that they are being forced to work against their will once again.46 there is a clear need to
rethink and reframe the aspirations of survivors who are ready to move on and reintegrate
into society as fully-participating members.
43
44
45
46
178
City Hearts, in evidence to the CsJ, February 2013
King Baudouin Foundation, Life beyond trafficking: Lessons from the King Baudouin Foundation’s Trafficking Victims’ Reintegration Programme,
2010 [accessed via: http://www.nexusinstitute.net/publications/pdfs /Life%20beyond%20trafficking_tVrp%20summary_neXUs.pdf
(21/12/12)]
aftercare provider, in evidence to the CsJ, november 2012
anonymous aftercare provider, in evidence to the CsJ
the Centre for social Justice
six
‘the challenge is nothing to do with where people are from – the
challenge is how you successfully integrate their social network into
the wider community.’
Aftercare provider, in evidence to the CSJ
For local authorities, supporting this reintegration effort will involve:
Identifying the wider issues within their area of responsibility which may be a hindrance to
support provision;
Working in partnership with aftercare agencies to remove these barriers. (Four significant
potential barriers are explored below);
active support of the work of aftercare agencies in their area; endorsing the work of these
invaluable charities is essential.
For those providing aftercare to survivors of trafficking, a successful reintegration ‘package’
will involve:
actively seeking important local services and making themselves known.this may constitute
asylum support services, housing providers, counselling services or education programmes;
the development of a forum for information sharing. this is essential in order to secure
commitment from agencies and organisations which may have no previous knowledge of
the problem of modern slavery. efforts to inform local agencies and organisations will be
invaluable in developing the response;
Measuring the success of a new focus on reintegration, through monitoring outcomes for
those leaving their support.
this new focus will help to ensure that the UK is delivering on its promise to help and
support survivors of modern slavery.
6.7.3 Improving reintegration: outcome-based provision
Whilst it has been suggested by some that a blanket extension of the reflection period
would help to solve the problem of individuals not being ready or able to move on into
independence, the CsJ does not believe this is the answer.47 What is instead needed is a
fundamental shift in the way the reflection period is approached, with a focus on outcomes
for the individual and a wraparound reintegration programme as key elements of their
support. this will mean that a survivor will not have to ‘go it alone’ once they have left the
nrM process with their Conclusive Grounds decision.
employment must be a key focus. Independent living and resilience must be outcomes. the
CsJ believes that, in order to make sure that survivors are given the best chance to rebuild
47
In norway, for example, the reflection period is six months
It Happens Here | supporting survivors
179
their lives, those providing support are measured on the outcomes they are able to deliver.
there is a risk with the prescriptive nature of compliance with the Council of europe
Convention that the reflection period – and the nrM process as a whole – becomes a boxticking exercise. It is essential that a holistic approach is taken to the rehabilitation of survivors
of trafficking as a crucial part of increasing their resilience to any further exploitation. One
aftercare provider gave the CsJ details of the outcomes of their clients; of those who settled
in the UK, 100 per cent were on welfare benefits.48 Benefits should not be an end, but a
means of support whilst a person gets back on their feet. Work is a fundamental element
in rebuilding independence, and education and training must also be accessible. Outcomebased measures must be implemented to ensure that individuals who are able to remain in
the UK are given appropriate support to access the job market and are not simply given
access to benefits. there is currently no measure of this kind in place. the CsJ is convinced
that implementing this form of measurement will vastly improve the outcomes for survivors
of modern slavery who remain in the UK.
Recommendations:
An outcome-based support model should be developed for aftercare providers to ensure that
survivors are able to rebuild their lives and enjoy long-term safety from re-trafficking;
Every aftercare provider should develop local partnerships with relevant agencies – outlined
in the agreed minimum standards – in order to facilitate a reintegration-focussed package of
support.
6.8 Potential barriers to reintegration
6.8.1 Access to work
too often, constraints in the timeframes under the nrM process mean that success for
service providers can only involve facilitating access to benefits. this is self-limiting and may
serve to disempower the individual in the long-term. Many victims of modern slavery from
overseas were brought to the UK under the impression that they were going to work in
order to improve their economic status and that of their dependents back at home. Despite
their ordeals many who are entitled to remain and work in the UK want to do so; the focus
of reintegration must be to work with them towards this goal.
“every single resident who has entered our project has said the
same thing; ‘I just want to work and be safe’.”
Anonymous aftercare provider, in evidence to the CSJ
48
180
anonymous aftercare provider, in evidence to the CsJ
the Centre for social Justice
six
It is accepted that there will be obstacles to this and some use of the benefits system may be
necessary in the short term, yet the CsJ is convinced that moving people towards playing a
fully productive role in society is a powerful tool not only for their recovery and self-worth,
but also as a means of reducing further exploitation and the risk of re-trafficking.
this must also hold true for those who choose or have to return to their country of origin.
In the first year of its contract, the salvation army reported that in 41 per cent of recorded
cases, individuals exiting their services returned to their country of origin.49 It is vital that a
clearly thought-through reintegration programme operates for those who want to, or must,
leave the UK and return to their country of origin.
Helping Survivors to Economic Independence: HERA
recognising the importance of economic independence in the prevention of re-trafficking, and for
the recovery and reintegration of survivors, Her equality, rights and autonomy (Hera) was founded
in 2004 as a charity to help women who have been trafficked to realise their potential. Hera helps
women to develop entrepreneurial skills with a view to empowering them to make positive decisions
about their futures, and to use these skills in starting their own small venture, accessing employment
or building on their education. Hera takes referrals from other agencies, nGOs, social services
departments and self-referrals from women. It recognises the potential in every woman to make
her own way in society. Hera runs a two-week programme in entrepreneurship at Imperial College
Business school, London. after this, each woman is assigned a mentor – a person from the business
community – to advise and support them as they move forward with their lives. the training course
is designed to offer women an alternative to living on benefits and a safer future back in their home
countries for those awaiting return.
‘Things get harder after a Conclusive Grounds decision, when they realise that their life is still their life
and they went through that abuse. Being asked ‘why haven’t you worked’ is a simple question with a
very difficult answer.’
The Poppy Project, in evidence to the CSJ
Huge increases in confidence and positive impacts on emotional wellbeing are just two of the benefits
reported by nGOs as a result of participation on the course:
‘They think they’ve got this thing – trafficked – tattooed on their foreheads. They don’t realise that
there is hope, that work is a possibility’. 50
Anna
anna is from albania, where she still has parents and a brother. she has university–level qualifications
in Maths, and came to London believing she had been offered a job in a travel agency. she lives in a
bedsit in a shared house. she still sees her counsellor on a ‘drop-in’ basis about once a month; she is
now mostly well, but she suffers from depression. she has few friends and no family in this country, but
goes to the local church on a regular basis. she was referred to the Hera programme in July 2011.
Many women are very nervous about the first day, so a Hera volunteer meets them and accompanies
them all to the Imperial College Business school. Being treated like any other Imperial student, with a
49
50
the salvation army, Supporting adult victims of human trafficking: Update on the first year of The Salvation Army’s anti-human trafficking
contract, London: salvation army, October 2012, p7
anonymous practitioner, in evidence to the CsJ
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door pass and full access to all the facilities gives the women a major boost in confidence right from
the outset, and is very symbolic for them. anna was very quiet on the first day, but was clearly taking in
everything she was told. a full handbook shows the women the schedule for the ten-day course and
they are expected to attend every day. the programme includes team-building activities and a trip to
a market where the women talk to the stall holders about their businesses. a range of visiting speakers
bring everything to life. anna met a couple of other women from albania, but most were from other
countries. By the second day anna felt fully part of the group, and had developed the confidence to ask
questions in class and join in the general chatter. she thought a lot during the programme about what
she might do in the future. she could not return to albania, but still wanted to do something she could
be proud of, and which would mean she could live independently. Over the next few weeks anna met
up with her mentor and talked about the ideas she had had on the programme. anna did not feel able
to go for job interviews, so working for herself seemed like a good option. Her mentor ran a small It
company herself, and was able to talk to anna about small ventures. anna enjoyed making cakes and
brought some along to the Hera graduation dinner to show off her skills. she was able to stand up in
front of all the Hera women, staff and volunteers and make a presentation about how she planned
to move forward. she already has her first client – a birthday cake for a woman in her block of flats.
she has made business cards to hand out and is talking to her Hera mentor about building a website.
6.8.2 Access to housing
access to housing has been described by many aftercare providers as a serious challenge.
For some, social housing may be appropriate. However, waiting lists are long – in 2011 there
were 4.5 million people on social housing waiting lists in the UK – and with the limited time
available to sort living arrangements under the restrictions of the reflection period, this wait
causes a problem.51 some aftercare organisations encourage survivors to opt for private rented
accommodation. However, even if an individual is entitled to and able to access housing benefits,
the deposit for a house is not covered and so must be raised; several aftercare providers have
reported that this is a significant hurdle. this is a particular problem since the cost of housing
deposits in the private rented sector continues to rise; the average deposit price in 2011 was
£979.52 as part of measures to overcome this obstacle, the salvation army has begun a victim
care fund of a starting value of £400,000 which can provide some financial assistance for
deposits and other support needs. the fund has also been used to purchase furniture for new
homes, social trips and even a bicycle to aid a survivor in travelling to and from work.53
Other aftercare organisations have developed innovative informal agreements with private
landlords, who waive deposit charges for survivors leaving the organisation’s support.54
Others have in the past chosen to serve eviction notices to survivors in their accommodation
to ‘prove’ to their local authority that the individual would become destitute if they were not
housed quickly.55 again, this is reflective of a varied and unmonitored approach to helping
survivors move on.
51
52
53
54
55
182
Department for Communities and Local Government, press release, Grant Shapps: New scheme will offer hope to millions on housing
waiting lists, 14 February 2011 [accessed via: www.communities.gov.uk/news/corporate/1842869 (08/11/13)]
the Dispute service, Tenancy Deposit Protection: An evaluation of the Scheme five years on, London: tenancy Deposit scheme, 2012, p6
salvation army, Supporting adult victims of human trafficking: Update on the first year of The Salvation Army’s anti-human trafficking contract,
London: salvation army, October 2012, p15
anonymous aftercare provider, in evidence to the CsJ
anonymous aftercare provider, in evidence to the CsJ
the Centre for social Justice
six
‘For us, in a way, the longer the nrM decision takes, the better it is
for the victim because they are at least being housed.’
Aftercare provider, in evidence to the CSJ
the ‘local connection’ housing policy has also been cited as an obstacle to survivors accessing
housing, where their inability to prove any local connection to the area in which they are
applying has meant that they are unable to access housing, or their application is severely
delayed. For some organisations this issue has been avoided through an agreement with the
local authority that a survivor applying for housing should be treated in the same way as a
person exiting a situation of domestic violence, and be housed as a priority.56
6.8.3 Access to floating support services
Cuts to floating support services for vulnerable people have also affected this ‘client group’.
In addition to the fact that existing floating support workers have little or no awareness
of modern slavery and the subsequent needs that will need to be addressed, the CsJ has
also been told that floating support services cannot offer an interpreter. a loss of funding
for floating support has meant that only very few services users can access this support,
and interpretation services are not included. this reflects a further need for a coordinated
reintegration approach for survivors of trafficking, where the needs of the individual are
recognised and support is tailored. the CsJ does not underestimate the challenge this poses,
given the limited resources of local authorities, however the risk that a trafficked person may
continue to be vulnerable to further exploitation as they move on from their 45 days of
support must be mitigated.
6.8.4 Access to benefits
an area of support for those exiting situations of modern slavery, in order to enable them to
begin to live independently, is access to welfare benefits. However one of the most significant
obstacles to this is the challenge in accessing national Insurance numbers. aftercare agencies
have reported that survivors have been forced to wait weeks for a national Insurance number
and are not able to make any benefits claims in the meantime, leaving a void between the
end of their entitled aftercare support and the beginning of their benefits payments.57 Whilst
the CsJ believes that access to benefits does not always represent a successful outcome and
that focussing on access to work and rebuilding lives is essential, the use of benefits in the
first instance as a stabilising factor is a key protection, particularly for those whose health or
emotional needs mean they cannot yet begin to work.
With all of these issues, aftercare providers are forced to be inventive with the help they
can offer to survivors when it is time for them to move on. Inconsistency remains across the
56
57
aftercare provider, in evidence to the CsJ, December 2012
anonymous aftercare provider, in evidence to the CsJ
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country. Individuals may have to pay a housing rental deposit in some areas, yet in others
would not need to. some may be referred to a charity such as Hera to help them back
into work, but others may not be offered such a referral. these are areas where improving
standards across the country is crucial.
there must be a national plan for reintegrating survivors of trafficking to ensure their
resilience to further abuse, and to enable them to become contributing members of society.
this is both in the case of survivors who are entitled to stay in the UK, and for those who
return home, as explored in section 6.10.
‘For this client group, you shouldn’t have to ‘get around’ things.
there should be provisions there.’
Aftercare provider, in evidence to the CSJ
6.9 The asylum system for survivors of modern slavery
the experience of many survivors of modern slavery in the UK will include contact with the
asylum system; for those trafficked from outside the eU who have no official status in the
UK, applying for asylum may be a viable option for them. Whilst it is beyond the remit of this
report to address the functions and effectiveness of the wider asylum process, it is important
to highlight some of the key ways in which this process affects a victim of modern slavery.58
as has already been discussed in Chapter three, the UKBa is not adequately placed to make
the decision over whether or not a person has been trafficked. It is also essential that the
issue of trafficking does not become unhelpfully conflated with issues of asylum. While there
may be some information and evidence overlap, the two decisions – whether someone has
been trafficked and whether someone has grounds for asylum – have different burdens of
proof and should be kept separate. One may inform the other, but it is not necessary for the
same agency – in some cases the same person – to make these two very different decisions.
Worryingly, one UKBa Competent authority told the CsJ that if an asylum claim on the
grounds of trafficking is refused, but a positive Conclusive Grounds decision is then given, this
is ‘not going to be helpful’.59 this illustrates the damaging links between the two processes; a
person could be refused asylum but may still have been trafficked, and these two decisions
must be made separately.
‘If you turn somebody down for one, how are you going to give a
different decision for the other?’
Anonymous anti-human trafficking practitioner, in evidence to the CSJ
58
59
184
For the CsJ’s discussion on the asylum system, see the Centre for social Justice, Asylum Matters: Restoring Trust in the UK Asylum System,
London: Centre for social Justice, December 2008
anonymous UKBa Competent authority, in evidence to the CsJ
the Centre for social Justice
six
‘We see a number of asylum refusals emerge at the same time a
nrM refusal is issued.’
Anonymous charity, in evidence to the CSJ
Figure 6.1: The asylum process
ASYLUM APPLICATION MADE
Possible Detained Fast
Track (DFT)
Possible detention
pending removal – if
another country
responsible)
Screening interview –
Croydon ASU (Fingerprints
and photograph taken, and
information regarding personal
details and dependants)
Case owner allocated
First meeting with case owner
(Process explained and any special
needs registered)
Asylum interview by case owner
(Applicant explains why they fear return)
ASYLUM GRANTED
Await decision
(No entitlement to work)
Five years in
the UK
It Happens Here | supporting survivors
ASYLUM REFUSED
Assisted
voluntary
return or
detention
and enforced
removal
Appeal
(Possible
humanitarian
protection or
temporary
leave, possible
reconsideration,
or refusal
maintained)
185
6.9.1 Asylum: a survivor’s experience
a proportion of people trafficked into the UK, upon exiting their situation, may be eligible to
apply for asylum. For many, this entails a long journey to the asylum screening Unit in Croydon:
‘The whole asylum process – having to travel to Croydon and wait up to five or six hours
for a meeting, having to specify that a private room is needed so the person doesn’t have
to share their story in a place where others can hear it, and having to wait again for a
room to become available – it’s very taxing on a victim of trafficking, and you cannot
expect them to do it on their own, but the funding means that often they must’.60
aftercare providers have expressed serious fears that staff at the asylum screening Unit
are not trained deal with victims of trafficking, and reports of insensitive handling of cases
have concerned the CsJ. One organisation taking a woman who had been trafficked to her
screening interview were told they were not entitled to a private room, despite the sensitive
nature of the woman’s experience.61
‘You get such a range of people behind that wall of glass in
Croydon, there’s a range of responses you can be given.’
Medaille Trust staff member, in evidence to the CSJ
‘It was the worst day of my working life, the day I had to
accompany a trafficked girl to the asylum screening Unit for her
asylum screening interview.’
Detective Constable Elaine O’Brien, Merseyside Police, in evidence to the CSJ
In light of this, some aftercare providers have told the CsJ of local agreements that they have
formed with the UKBa office in their region. In these cases, an asylum screening interview
can take place at these local offices, avoiding the cost and stress of travelling to Croydon
and ensuring that the survivor is appropriately supported through a potentially traumatic
experience. this is best practice and the kind of partnership-working arrangement that the
CsJ recommends should be replicated across the country.
the poppy project has arrangements in place to conduct the screening interview at one of their
premises, to ensure that their client is not subject to further intimidation or fear. a representative
from the organisation explained that this arrangement can help to ensure that a person who
may be frightened or intimidated feels safe enough to share their experience: ‘we have a person
who comes and conducts screening interviews at our centre – we get a lot more information’.
However it still remains that other aftercare providers have no such local arrangements.62
60
61
62
186
Becky, victim support worker, in evidence to the CsJ
anonymous aftercare provider, in evidence to the CsJ
the poppy project, in evidence to the CsJ, august 2012
the Centre for social Justice
six
‘there is a UKBa office 15 minutes down the road, but we have to
travel to Croydon.’
Victim support worker, in evidence to the CSJ
Overall, there is a need for a standardised approach to supporting a survivor through the asylum
process.the CsJ recommends that every aftercare provider works in partnership with their local
UKBa to ensure that arrangements are established to conduct screening interviews locally.
Residence permits
survivors of modern slavery who do not have the right to reside or stay in the UK, but who are
helping the police with an investigation, may be eligible for a one-year residence permit. police must
apply to the UKBa for this permit. However, the CsJ has heard alarming evidence that individuals
who receive this permit but who have also applied for asylum will not be allowed to appeal their
asylum decision, should it be refused. this is because section 83 of the nationality, Immigration and
asylum act 2002 states that the right to appeal asylum may only be given to an individual who ‘has
been granted leave to enter or remain in the United Kingdom for a period exceeding one year’.63
It is the CsJ’s recommendation that the duration of a residence permit be increased to at least one
year and one day. this will allow survivors, who are given a one-year residence permit because they
have been trafficked but who have also applied for asylum, the right to appeal their asylum decision
should they need to.
Recommendations:
All aftercare agencies should establish an agreement with local UKBA offices to ensure that
asylum screening interviews are conducted locally:
One-year Residence Permits that are issued to survivors of modern slavery should be increased
in length to at least one year and one day, in order to allow the individual to appeal their asylum
decision should they need to.
6.10 Returning home: ensuring safe repatriation
numerous aftercare organisations have expressed the need to be better informed about
the process that takes place when a survivor is required or chooses to return home, and
to be kept up to date with the survivor’s wellbeing and progress when they have returned.
at present, several aftercare providers are worried that survivors will return to unsafe
environments and once again be at risk of trafficking and exploitation. again, this betrays a
lack of focus on the importance of reintegration.
63
section 83, nationality, Immigration and asylum act 2002 [accessed via: http://www.legislation.gov.uk/ukpga/2002/41/section/83
(14/02/13)]
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‘the last thing you want to do is put someone on a plane, knowing
they are going to be vulnerable when they return home.’
Kate Garbers, Co-Founder and Project Director, Unseen, in evidence to the CSJ
the Government’s contract for facilitating the safe return of trafficked people sits with
refugee action, a charity working with refugees and asylum seekers. refugee action works
in partnership with the UKBa to facilitate the delivery of return schemes. trafficked people
who have also claimed asylum may apply to the Voluntary assisted return and reintegration
programme (Varrp) which offers reintegration support upon arrival in their home country.
every person who applies to Varrp is entitled to this support.
However, the CsJ has identified a loophole in that, for those victims of modern slavery
who have not applied for asylum and are ‘irregular migrants’, the assisted Voluntary return
of Irregular Migrants (aVrIM) scheme is the scheme that is offered. Under this scheme,
reintegration assistance will not always be an option. this is a serious concern for cases
involving victims of modern slavery.
6.10.1 Assisted Voluntary Return of Irregular Migrants
a person who wishes to return to their country who is in the UK illegally, has no leave to
remain and has not applied for asylum (is an ‘irregular migrant’) may qualify for help under
the assisted Voluntary return of Irregular Migrants (aVrIM) scheme. It is important to note
that in every case, the ‘decision about eligibility of the application for aVrIM rests with the
UKBa’.64 For a victim of modern slavery who has not applied for asylum and who has no
leave to remain in the UK, this scheme would be offered in order for them to return home.
this scheme entitles the person to help with: travel documents; flight arrangements; assistance
at UK airport; possible assistance at home airport; and transport from home airport to final
destination. this scheme is not available to citizens of the european economic area (eea).
the aVrIM scheme offers no financial assistance, unless it can be proved that the individual
returning is ‘particularly vulnerable’.65 If a person’s vulnerability is proven, they will be entitled
to up to £1,000 ‘vulnerability assistance’. this money has very specific conditions, and must
be used to fund: accommodation; education; training; business; and healthcare or counselling.
aVrIM vulnerability assistance must be applied for by a refugee action case worker, who
makes the case to UKBa for the extra financial assistance. this vulnerability assistance is
essential for a person who has been trafficked. However, unless a case worker recognises the
specific vulnerabilities of a victim of modern slavery who is not allowed to stay in the UK
or who has decided to return home, this assistance will not be given. the person would be
64
65
188
UKBa website, Assisted Voluntary Return of Irregular Migrants [accessed via: www.ukba.homeoffice.gov.uk/aboutus/workingwithus/
workingwithasylum/assistedvoluntaryreturn/avrim (06/09/12)]
Ibid
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returned in the same way as other irregular migrants, with no specific provision to protect
them from the risks they face in returning home, and no recognition of their particular
vulnerability as a survivor of modern slavery.
It is appalling that there is no specific returns programme for survivors of modern slavery who
wish to, or who must return home. the current system is dependent upon a case worker to
highlight the elements of modern slavery to the UKBa. It relies on the UKBa to accept the
person’s experience of modern slavery as a situation of vulnerability, in order for them to
access reintegration support through vulnerability assistance. there is no guarantee that this
assistance will be given to every victim of modern slavery who needs to return home, and
the decision is at the discretion of the UKBa. shockingly, there is also an annual limit on the
number of aVrIM applicants who are allowed access to vulnerability assistance – a maximum
of just ten per cent of applicants are allowed to access this provision per year. this means
that if a victim of modern slavery is referred to the aVrIM scheme when it is at its limit of
applications, they will be returned home with no financial assistance. In these cases, support
for the survivor will end when they arrive in their home country.
It is not difficult to see the flaws in this system: a survivor may be returned to the country from
which they were trafficked with no support, no assistance in reintegration and no safeguards
against re-trafficking. Financial assistance can be invaluable in ensuring a survivor’s autonomy
and safety, and it is imperative that every survivor of modern slavery is given the opportunity
to access this crucial support: ‘If they are returned home and to the same socio-economic
or cultural conditions which rendered them vulnerable to trafficking in the first place, such as
poverty, age, gender or family circumstances, they will be re-exposed to the same or increased
risks of trafficking and exploitation at the hands of other individuals or organised criminals’.66
‘the vulnerability to re-trafficking is likely to go up if a person has
no other income when they return home.’
Kat Lorenz, Refugee Action, Choices Project Team Manager, in evidence to the CSJ
the CsJ recommends that a specific returns programme for survivors of modern slavery
is developed, and that any survivor who receives a positive Conclusive Grounds decision
under the nrM but who is not entitled to stay in the UK is referred to this programme and
vulnerability assistance is guaranteed. the programme should include financial reintegration
assistance, as well as support in travelling to the country of origin. Greta’s recent report
on the UK’s response to human trafficking in light of the Council of europe Convention
requirements reinforces this point, and urged the UK ‘to review the appropriateness of
existing assisted voluntary return programmes for victims of trafficking as a specific category
and to adopt a clear legal and policy framework for the return of trafficked persons’.67
66
67
Chandran p and Finch n, ‘residence for Victims of trafficking in the UK: Humanitarian, asylum and Human rights Considerations’, in p
Chandran (ed), The Human Trafficking Handbook: Recognising trafficking and modern-day slavery in the UK, London: Lexis nexis, 2011, p243
Group of experts on action against trafficking in Human Beings, Report concerning the implementation of the Council of Europe Convention
on Action against Trafficking in Human Beings by the United Kingdom; First evaluation round, strasbourg: Greta, september 2012, p87
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189
there is scope, through facilitating the successful reintegration of survivors of modern
slavery who are returning home, for the UK Government to work in partnership with
governments and agencies in source countries to ensure that resilience is developed against
re-trafficking or continued vulnerability. In only one case out of 292 referrals to the nrM
between april and June 2012 was the country of origin of a potential victim unknown. It is
the recommendation of the CsJ that the Department for International Development and the
Foreign and Commonwealth Office, in partnership with refugee action, develop work with
the governments in, as a starting point, the ten most frequent source countries for victims
of modern slavery arriving into the UK, to ensure that provisions are in place for survivors’
successful reintegration upon their return.68 survivors should also be given assistance to claim
damages from the authorities in their home countries, since this is where their exploitation
began and, in numerous cases, could have been prevented.
the work of the recommended anti-slavery Commissioner is also significant here. the antislavery Commissioner should work with the Government to ring-fence international financial
assistance to be used for aiding the recovery and reintegration of victims of modern slavery in
those countries which are persistently in the top ten source countries for victims of modern
slavery in the UK and are consistently doing little to solve the problem.
Recommendations:
All survivors of modern slavery from outside of the EU or EEA who are given a positive
Conclusive Grounds NRM decision should be offered return and reintegration assistance when
returning home;
The Department for International Development and the Foreign and Commonwealth Office
should work together to ensure that source countries engage with the reintegration of
survivors who are returning home. This should be done in partnership with the Anti-Slavery
Commissioner, who should develop a programme which ring-fences international financial
assistance to persistent source countries for victims of modern slavery in the UK.
6.10.2 Assistance for EU and EEA nationals
there is currently no provision for assisted returns for eU or eea nationals. the International
Organisation for Migration (IOM) offers case-by-case assistance to individuals where funding
is available, but there is no national policy of assistance for trafficked eU nationals. this must
be rectified as soon as possible. IOM UK is making efforts to raise money for funds to return
eU nationals, with the development of its Victim’s Fund to assist survivors from the eU or
eea who wish to return to their country of origin and receive integration assistance. If funding
is available, IOM UK is able to provide help with access to travel and identity documents,
travel assistance and help in the country of origin through its IOM field offices. reintegration
assistance may involve family reunification, medical and healthcare, temporary accommodation
support, education or vocational training and support in activities to generate income, such as
68
190
Details on source countries, updated quarterly, can be found in UK Human trafficking Centre statistics [accessed via: http://www.soca.
gov.uk/about-soca/about-the-ukhtc/national-referral-mechanism/statistics (21/01/13)]
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starting a small business. Other organisations such as thames reach, based in London, are able
to offer some returns assistance for certain eU nationals who wish to go home, through their
‘reconnections’ programme. However this support is not tailored towards survivors. the UK
should ensure the safe return of all survivors, including those who have been trafficked from
the eU or eea. this should not just be dependent on the work of IOM in sourcing voluntary
and inconsistent donations.
Recommendation:
A return and reintegration scheme should be developed for victims of modern slavery who are
EU and EEA nationals.
6.11 Accommodation and support for children
provision for child victims of modern slavery takes on a different form to that of adults, not least
because local authorities have a duty to safeguard vulnerable children in their area. the most
pressing and serious issue the CsJ was made aware of during its research into support and care
for child victims of modern slavery has been the number of trafficked children going missing from
local authority care, often as a result of placing children in inappropriate accommodation.
Department for Education guidance on child trafficking
‘In all cases there is a likelihood that a child victim of trafficking is at risk of serious immediate harm.’ 69
‘The identification of a child who has been trafficked, or is at risk of being trafficked, should always
trigger the agreed local child protection procedures to ensure the child’s safety and welfare, and to
enable the police to gather evidence about abusers and coercers.’ 70
It has become clear during the review that whilst procedures, protocols and guidance do exist
to help trafficked children once they are identified in practice many children and young people
are not receiving the care they deserve.
Department for Education guidance on child protection investigations
Where a child has been referred to the local authority because of trafficking concerns, children’s social
care should decide within 24 hours whether to undertake an initial assessment to determine whether
the child is a child in need and, where appropriate, following a strategic discussion, initiate a section
47 enquiry.’ 71
69
70
71
Department for education, Safeguarding Children who may have been Trafficked, London: Department for education, 2011, p22
Ibid, p11
Ibid, p12
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Given that children who have been trafficked are at risk of immediate and significant harm, it
may be right in some cases to begin a section 47 child protection investigation. this will enable
the local authority to investigate whether the child should be removed from their situation,
and will go some way to making sure that a multi-agency approach is taken to safeguard a
trafficked child.
Section 47 investigation
the Children act 1989 requires that local authorities conduct an investigation if a child is ‘suffering,
or is likely to suffer, significant harm’.72 the local authority must make enquiries to ascertain whether,
and at what level, action should be taken to ‘safeguard or promote the child’s welfare’. a section 47
investigation often accompanies an emergency protection order, which grants parental responsibility
to the local authority after application to the court, or a police protection order, which enables police
to remove a child immediately if they are at risk of harm.
the CsJ has heard, however, that the need for a section 47 investigation is not always
recognised. Low awareness of the indicators of child trafficking means that investigations are
not ‘triggered’. evidence given to this review shows that social workers – even those recently
qualified – do not know about child trafficking or modern slavery issues, and are not aware of
the indicators unless they have been given access to specialist training. this training is itself ad
hoc and uncoordinated. the CsJ is convinced that better training and the resulting wider levels
of awareness would lead to more frequent and effective implementation of child protection
procedures for trafficked children. these children must not slip under the radar. social workers
have told the CsJ they struggle to initiate high-level child protection procedures if the indicators
of abuse are not apparent: ‘You can’t remove the child because you often have no evidence
with which to do it. even if you could, you’d have to go to court and make the case’.73 this is
understandable, however evidence given to the review shows that social workers often do not
know what they are looking for in cases of child trafficking, so may miss the warning signs. as
one social worker explained: ‘If we are still stuck on physical, sexual and emotional abuse in the
home we are going wrong…We forget that what we are dealing with here is child abuse in
its worst form…it’s just projecting in a slightly different way’.74 Missing the indicators of harm
could lead to catastrophic consequences for a trafficked child whose exploitation may continue
because those tasked to protect them are not properly equipped.
6.12 Trafficked children going missing
‘If they’re still with you in two weeks then you’ve achieved something.’
Anonymous manager at a large children’s services department, in evidence to the CSJ
72
73
74
192
section 47, Children act 1989 [accessed via: http://www.legislation.gov.uk/ukpga/1989/41/section/47 (22/01/13)]
Deputy Director of a large children’s services department, in evidence to the CsJ, august 2012
anonymous child trafficking nGO, in a speech to police officers, 28 March 2012
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the CsJ is shocked at the number of children who go missing from local authority care after
having been identified as victims of modern slavery. It has been estimated that 60 per cent of
trafficked children go missing from care.75 Between 1 april and 31 august 2011 for example,
25 potentially trafficked children went missing from care in one local authority alone – five
children per month in that time.76 this is a national disgrace: trafficked children who go missing
are at serious risk of exploitation or even re-trafficking. In many cases, trafficked children are so
effectively brainwashed or terrified that they will take the first chance they can to run away and
return to their traffickers. In a case the CsJ was told about a boy who had been trafficked into
the UK from abroad used the first opportunity he could to run away: during a visit to the dentist,
he climbed out of the window and disappeared.77 this high risk of re-trafficking and exploitation
during missing episodes is the case for both children trafficked from abroad and for those
trafficked within the country; in many cases the control measures are the same. In another case
discovered during the review, a foster carer had been looking after a young boy for a number of
weeks. He was settling in well, and started to take english lessons at a neighbour’s house across
the road. One day, he did not return from his lesson; it transpired that he had never arrived. the
boy was missing for months, until he was found again in the Midlands having been trafficked and
abused. He was then returned to the same area he had been fostered in before he went missing.
When the foster carer asked him what had happened, he told her the trafficker had been calling
him on his mobile the week before he disappeared, telling him ‘you will meet us on the corner
of the street and we will come and pick you up’. He was terrified, and did as he was told.78
a missing child who may have been trafficked should be treated as a very high-risk case, and
every possible effort should be made to find them and return them to safety. Yet missing
children are not being given the priority they deserve, and in many cases proper efforts are
not being made to find them. this view is confirmed by a number of practitioners from whom
the CsJ has taken evidence.
‘When you’ve got a child going missing 19 times a month, they can
be seen as less of a risk.’
Anonymous vulnerable children support worker, in evidence to the CSJ
‘We had one child who was trafficked into a cannabis farm. I assessed
her as a child. When she was taken into a foster placement, she went
missing and was moved around the country. she was then exploited in
the sex industry where she became pregnant. she was only found again
when she was admitted to hospital having fallen ill with the pregnancy.’
Paul Hadaway, social worker, in evidence to the CSJ
75
76
77
78
House of Commons, Home affairs Committee 2009, The Trade in Human Beings: Human Trafficking in the UK, sixth report of session
2008–09, Volume 1, London: House of Commons
the Guardian, Children lost from care in human trafficking cases, says Council, 19 October 2011 [accessed via: http://www.guardian.co.uk/
law/2011/oct/18/children-lost-human-trafficking (25/09/12)]
anonymous child safeguarding practitioner, in evidence to the CsJ
Foster carer, in evidence to the CsJ, January 2013
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according to data gathered by one voluntary sector organisation working to support
childcare professionals in safeguarding and protecting trafficked children, almost a third of
trafficked children that go missing disappear from care in less than one week.79 One local
authority has reported to the CsJ that every single child showing indicators of modern slavery
that has been in their care has gone missing at least once.
‘every child we’ve seen who has or may have been trafficked has
gone missing from our care at one point or another.’
Anonymous children’s services manager, in evidence to the CSJ
the wider issue of children going missing from care has come to the attention of the
Government and the media in recent months. In 2011, the Department for education
recorded just 930 instances of individual children going missing from care for more than 24
hours.80 However police data for the same period showed an estimated 17,000 instances of
children going missing from care for more than 24 hours, involving 5,000 individual children.81
there is a clear and worrying discrepancy between the monitoring and information-collection
approaches of the Department for education and police forces, and it is crucial that episodes
of going missing are recognised as creating a serious risk. the fact that the Department for
education has recorded less than 20 per cent of the missing cases that police have recorded
is a troubling reflection of the unsteady grip that the Government has on missing children.
there is no doubt that numerous trafficked children are included in these numbers. a 2012
survey found that just two out of 64 local authorities collected centralised data specifically
on whether children have been trafficked.82 these statistics are not just numbers; each one
represents a child who has been failed by the UK’s child protection system. they paint a bleak
picture, and improvement to this response is crucial.
police and local authorities need to be aware that children who have been trafficked are
likely to be at extremely high risk of running away from care – due to continued coercion by
their trafficker – and of being abused and exploited again. It is crucial that the placement of a
trafficked child is well thought-through and risk-assessed and that those involved in the child’s
safeguarding and welfare understand the unique risks a trafficked child may face. as Barnardo’s
has explained: ‘child trafficking is a hidden problem enhanced by the culture of disbelief and
lack of awareness amongst members of the public and practitioners. as a consequence,
children are put at risk in unsuitable accommodation rather than being given the specialist
protection they need’.83
79
80
81
82
83
194
nspCC submission to the all party parliamentary Group joint inquiry into children who go missing from care, June 2012 [accessed via:
http://www.nspcc.org.uk/Inform/research/ctail/response-missing-children_wdf89466.pdf (22/01/13)]
Hansard, Written answers and statements, 23 May 2012, Catherine McKinnell Mp, [accessed via: http://www.publications.parliament.uk/
pa/cm201213/cmhansrd/cm120523/text/120523w0003.htm#12052384002622 (24/05/12)]
the all party parliamentary Group for runaway and Missing Children and adults and the all party parliamentary Group for Looked
after Children and Care Leavers, Report from the Joint Inquiry into Children who go missing from care, June 2012, p11 [accessed via: http://
www.guardian.co.uk/law/2011/oct/18/children-lost-human-trafficking (06/07/12)]
Ibid, p30
Ibid, p14
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the CsJ recommends that the activities of local authorities to safeguard child victims of
trafficking and ensure their recovery be included in Ofsted inspections as part of their
assessment of local authority progress on identifying and safeguarding children at risk. In
particular, Ofsted should scrutinise cases of trafficked children going missing from local
authority care in order to bring increased accountability to local authority responses.
Recommendation:
The activities of local authorities to safeguard child victims of trafficking and ensure their
recovery should be included in Ofsted inspections as part of their progress on identifying and
safeguarding children at risk. In particular, Ofsted should particularly scrutinise cases of children
going missing from local authority care.
6.13 Safe accommodation for trafficked children
‘From the moment an unaccompanied child victim of trafficking in human beings is identified and until
a durable solution is found, Member States should apply reception measures appropriate to the needs
of the child and should ensure that relevant procedural safeguards apply.’
Preamble to EU Directive on preventing and combating trafficking in human beings and protecting its victims84
a recurring issue voiced to the CsJ by those from children’s services, the police and nGOs
is the lack of suitable accommodation for children who have been trafficked. the unique and
particular risks that a trafficked child is at – as illustrated by the high number that go missing
– mean that specific safety measures must be put in place.
‘the big missing link in all of this is safe accommodation.’
Anonymous vulnerable children support worker, in evidence to the CSJ
‘We’re limited in terms of the number of options, particularly around
the provision of where they go to next.’
Anonymous former social worker, in evidence to the CSJ
In the vast majority of cases this will mean that accommodation such as bed and breakfasts or
large children’s homes will not be appropriate. In the year to March 2012, 5,750 looked-after
children were placed in children’s homes or hostels.85 Of these, 15 per cent of placements
were in homes or hostels which are not subject to children’s homes regulations.86 the CsJ
84
85
86
paragraph 23, preamble, Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and
combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa [accessed via:
http://eur-lex.europa.eu/LexUriserv/LexUriserv.do?uri=OJ:L:2011:101:0001:0011:en:pDF (23/01/13)]
Department for education, Children Looked After by Local Authorities in England (including adoption and care leavers) – year ending 31
March 2012 [accessed via: http://www.education.gov.uk/rsgateway/DB/sFr/s001084/index.shtml (14/02/13)]
Ibid
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fears that proportion of these placements may have been used for children who have
been trafficked, given the low awareness of social services and the lack of recognition of
the risks these children face. If children trafficked both into and within the UK cannot be
offered homes that keep them safe, the UK is failing in its response. the lack of awareness
of modern slavery amongst social workers leads to trafficked children being placed in
inappropriate accommodation. the CsJ has also heard frequently that there is a lack of
suitable accommodation available. this creates a worrying situation where, even if a trafficked
child is identified, finding them safe accommodation is still very difficult.
‘assigning places is often about juggling resources to find
appropriate accommodation.’
Paula Neil, former manager of large children’s services, in evidence to the CSJ
‘We are persistently putting children in places where they are just
going to get away.’
Senior police officer, in evidence to the CSJ
6.13.1 Foster placements and specialist fostering
One way to contribute to the safeguarding of children who have been trafficked should be
through foster placements. However, the CsJ has been alarmed to find that, of the number of
trafficked children reported missing to one voluntary sector organisation, 38 per cent went
missing from foster care placements.87 In these cases, foster carers are unable to keep the
child from going missing because they do not understand the particular risks to the child and
are consequently unable to mitigate the risk of them disappearing. the CsJ was appalled to
learn that children have in the past been placed with foster carers who have not even been
told that the child has been trafficked.88
‘some foster carers just don’t get it – one carer left her phone lying
around, and the trafficked child in her care went missing.’
Former social worker, in evidence to the CSJ
Barnardo’s has been running a safe accommodation pilot project in the form of a specialist
foster placement service, specifically aimed at accommodating trafficked and sexually
exploited children in an effort to create a safer environment for these children.89 this model
is a positive step. Given that previous CsJ research into the experiences of children in care
87
88
89
196
nspCC submission to all party parliamentary Group Inquiry on children who go missing from care [accessed via: http://www.nspcc.org.
uk/Inform/research/ctail/response-missing-children_wdf89466.pdf (22/01/13)]
anonymous charity, in evidence to the CsJ
the Barnardo’s safe accommodation project [accessed via: http://www.beds.ac.uk/__data/assets/pdf_file/0003/203592/the-Barnardossafe-accommodation-project-Dr-Lucie-shuker.pdf (22/01/13)]
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and vulnerable children shows that relationships and trust are essential to making a child feel
safe, we are convinced that specialist foster placements are an appropriate means of helping
to safeguard a trafficked child.90
Barnardo’s Safe Accommodation Project
In evidence to the CsJ, one specialist foster carer spoke of the wide range of support that she and her
family were able to offer the trafficked children in her care. trained to identify and mitigate the specific
risks for a trafficked child, the specialist foster carer plays a significant part in keeping them safe. as
well as the practical aspects of protecting a child, such as ensuring they are not left alone in the initial
period of their stay, making sure that mobile phone and internet use is supervised and not allowing
the child to leave the house on their own, the foster carer is also able to offer emotional support
to the child. Barnardo’s training includes information on the impact of trafficking on a child, and the
specific emotional needs they may have. Foster carers taking part in this project will also support the
child through any immigration or legal procedures that are ongoing. In the words of one carer: ‘It’s
our responsibility to go through it with them. It helps with continuity. It helps the young person to feel
settled and safe: they have to learn to trust you somehow.’ 91
the carer also spoke of ‘learning on the job’, developing knowledge about what the child will need
and how to keep them safe, and being able to share this knowledge with other foster carers looking
after trafficked children. Barnardo’s runs a regular forum for this purpose. similarly, identifying possible
risks to the family is also an element that can be developed through experience: ‘My husband tends
to check the road and checks who is sat in any cars that we don’t recognise.’92 trafficked children
present a unique set of risks that must be acknowledged and dealt with; this pilot highlights the need
for particular training for foster carers looking after trafficked children.
For such a scheme to be successful, it is crucial that thorough training is given to prospective
specialist fosterers. the success of such placements also relies upon adequate numbers of
foster carers being recruited. there is currently a national shortage of foster carers in the UK
– an extra 8,750 foster carers were needed across the UK in 2012 alone.93 recruitment could
therefore be a significant stumbling block to the effectiveness of this programme. three out of
every five fostering services in the UK were reported in 2012 as ‘desperately seeking’ carers.94
In 2012, 98 per cent of foster services were looking for more families for teenagers.95 at
present, there are 12 specialist foster placements in place under the Barnardo’s pilot, and the
CsJ recommends that this format be replicated across the UK. the CsJ draws on its previous
recommendations regarding the recruitment of foster carers, and reiterates the need to
recognise and reward fostering in order to incentivise applications.96 these recommendations
can be found in the CsJ’s seminal 2009 report on the care system, Couldn’t Care Less.97
90
91
92
93
94
95
96
97
the Centre for social Justice, Couldn’t Care Less: A policy report from the Children in Care Working Group, London: Centre for social Justice,
september 2008
Foster carer, in evidence to the CsJ, January 2013
Ibid
the Fostering network [accessed via: http://www.fostering.net/foster-care-fortnight (22/01/13)]
the times, Drive to recruit foster carers from work force, 22 May 2012 [accessed via: http://www.thetimes.co.uk/tto/news/politics/
article3420656.ece (20/12/12)]
Ibid
the Centre for social Justice, Couldn’t Care Less: A policy report from the Children in Care Working Group, London: CsJ, september 2008,
p24
Ibid, pp83–86
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CSJ Couldn’t Care Less Report: policy recommendations:
Pay all foster carers a living wage that is separate from allowances.
Provide more space for fostering children by helping foster carers with housing improvement grants.
Encourage a level playing field between independent and local authority fostering agencies, and
develop better cooperation with independent providers in meeting the demand for foster carers
across the country. 98
It is also essential that the child feels involved and engaged in their own safety planning to
ensure that any safe placement does not feel punitive, but instead helps the child to feel
protected: ‘Creating a supportive accommodation environment that addresses the child’s
perceptions of risk is just as critical to promoting a child’s recovery as addressing risk from
traffickers.’99
‘We haven’t got a support network for trafficked kids. that is really
where we are falling down and where we will be vulnerable.’
Police officer, in evidence to the CSJ
Recommendation:
The number of specialist foster care placements available for trafficked children should be
increased in each region of the UK to improve the options for appropriate accommodation for
trafficked children at risk of going missing, as part of a wider push to recruit more foster carers.
6.13.2 Secure children’s homes: an under-used resource?
the CsJ has explored the option of secure accommodation for trafficked children and has
been convinced that, though not the whole answer, it can go some way to ensuring the safety
of a trafficked child in the first instance. In evidence given to the CsJ, practitioners explained
that the first week after a child is identified as trafficked is the point at which they are most
vulnerable. In some cases where absconding (or in this case often re-trafficking) is a serious
risk, a secure children’s home placement may be in the best interests of the child whilst a
protection plan is formulated. the CsJ identified misinterpretations, particularly among social
workers, of the purpose of a secure children’s home; many social workers view them as
punitive.
98
99
198
Ibid, pp83–86
eCpat, On the Safe Side, London: eCpat, 2011, p18
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“the misguided perception is ‘I am denying a child their freedom’,
rather than ‘I am keeping a child safe’…there is a misconception
that a Young Offenders Institution and a secure children’s home
are the same thing. Until people see the difference, it’s not going
to change. social workers need better education on the options
for a child.”
Secure children’s home representative, in evidence to the CSJ
there exist a small number of secure children’s homes specifically for children at risk either
of causing significant harm to themselves or who have ‘a history of absconding and [are] likely
to abscond from any other description of accommodation; and if [they] abscond, [are] likely
to suffer significant harm’.100, 101 a trafficked child may fit the latter profile, and in these cases
placement in a secure home could be in their best interests. these homes involve high levels
of security, have a very high staff to child ratio – in some cases two staff for every three
children – and children are not allowed to leave the unit in order to ensure their safety.102
‘We have nine beds vacant, and yet we hear of these young people
who are going missing.’
Representative from a secure children’s home for welfare placements, in evidence to the CSJ
‘some young people said they felt safest when they couldn’t do what
they had to do – ring and leave.’
Lynne Chitty, Barnardo’s, in evidence to the CSJ
Case study: Trafficked children in secure accommodation
two Vietnamese children were placed in a secure children’s home after being arrested under drugs
charges. this secure home was for young offenders, and was not a welfare placement. In time it
transpired that both children had been trafficked. though they were safe in the secure home, they
were immediately removed and placed in a children’s home. Within days they had disappeared.
though this example involves a secure home for young offenders, the principle remains that whilst the
children were in the secure home, they were safe. It was only when they were identified as trafficked
that they were placed somewhere less safe and disappeared. Given that secure homes for welfare
placements are available in the UK, the CsJ recommends that they are more widely considered as an
option for trafficked children, to keep them safe in the first stages of their recovery.103
100 there are currently three secure children’s homes in the UK that will only take children on a welfare placement. secure
accommodation network website [accessed via: http://www.secureaccommodation.org.uk/?page_id=33 (06/06/12)]
101 section 25, Children act 1989 [accessed via: http://www.legislation.gov.uk/ukpga/1989/41/contents (11/02/13)]
102 representative from a secure children’s home for welfare placements, in evidence to the CsJ, June 2012
103 Case study submitted by Keith smith, Chair of the secure accommodation network, in evidence to the CsJ, June 2012
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‘Children’s services need breathing space to find safe accommodation
rather than just shoving them anywhere that’s available.’
Anonymous child safeguarding practitioner, in evidence to the CSJ
Using secure children’s homes does not negate the need to help children build stable
relationships and find long-term placements for them. However, these homes can serve the
purpose of being a useful first step in a child’s protection, allowing them to achieve safety
from their traffickers. secure children’s home placements under welfare grounds should be
considered as an option for keeping trafficked children safe, in tandem with the provision of
more appropriate safe placements such as specialist foster placements.
‘If you think a child protection plan is what keeps a child safe, it’s
not; it’s the relationships around them that make a difference’
Children’s charity worker, in evidence to the CSJ
Placements in secure children’s homes
221 children were accommodated in secure children’s homes in england and Wales at 31 March 2011.
Only 70 per cent of approved places in england and Wales were occupied, which marks a significant
decrease on previous years.104
Nidos: the Dutch approach
the safe school run in
partnership by nidos
and Jade
as part of its response to vulnerable children
from outside of the netherlands, nidos (see
Chapter Four, section 4.4.2) and its partner
charity – Jade – provide safe accommodation
for trafficked children.105 this ‘protected unit’
is not a secure unit as the UK understands
the term ‘secure’, but has stringent security
measures in place to ensure that children stay
safe. It is situated in a remote location in the
countryside, and has a high staff to child ratio.
there is a strict routine and discipline in the
house. each child is given a mentor and there is a psychotherapist available to them for play therapy
and counselling. all children attend a dedicated school for trafficked and vulnerable migrant children.
teachers are trained in the risks of trafficking. the school bus takes every child to school, escorted by
a security guard, and takes them home again at the end of the day. Links with police are substantial;
in the case of an emergency, police will be at the property in five minutes. not a single child placed
at the protected unit has gone missing in the last three years.
104 Jade representative, in evidence to the CsJ, november 2012
105 nspCC, Breaking the Wall of Silence: Practitioners’ responses to trafficked children and young people, Bedfordshire: University of
Bedfordshire, June 2009, p119
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Recommendation:
Secure children’s homes should be used for the immediate safe accommodation of trafficked
children, when needed. Secure children’s homes, in partnership with social workers, should
ensure that a child leaving their care has a protection plan in place to make sure that therapeutic
progress made during their stay is not undone.This may include regular visits from a foster carer
before the child is discharged.
6.13.3 Guardianship
One means of countering the risk of children going missing is a system of guardianship for
trafficked children. some nGOs and lobby groups advocate immediately allocating a guardian
upon the recovery of a trafficked child, who would promote the best interests of the child and act
as a support. However, viewing a guardian as a ‘magic bullet’ who would automatically safeguard
a child and prevent them from going missing is dangerous and ‘while recommendations are often
made for an independent guardian… this cannot replace the need for each service to develop its
own protocol and service delivery plan, with its own designated key workers allocated for faceto-face work with the young people’.106 a system of guardianship also risks further separating
the protocols for trafficked children from those for other at-risk children – something the CsJ
would not advocate. In evidence to the CsJ, one nGO voiced concerns that: ‘at the moment
the guardian would just be someone else shouting into this void’.107 Whilst it must be recognised
that specific risks are present for some trafficked children, particularly those who are at risk of
returning to their traffickers, the intention of any system of protection must be to ‘integrate the
young person into mainstream service provision’.108 an alternative to a guardianship system
might be the development of a designated social worker in each local authority who is trained
in the protocol for a trafficked child and who will ensure the implementation of a protection
order. this is cited as best practice in Department of education guidance.
6.14 Therapeutic services for trafficked children
‘What therapeutic services are available for trafficked children
specifically? there is very little, and do we really understand
the issues?’
Mike Hand, former Tactical Adviser on child trafficking cases at the UK Human Trafficking Centre, in evidence to the CSJ
at present, therapeutic services for trafficked children are distinctly lacking and difficult to find.
Once a placement has been found, the CsJ has further concerns that a trafficked child may be
‘shoehorned’ into existing services for their recovery which are inappropriate for them. One
106 andy elvin, in evidence to the CsJ, september 2011
107 nspCC, Breaking the Wall of Silence: Practitioners’ responses to trafficked children and young people, Bedfordshire: University of
Bedfordshire, June 2009, p151
108 Department for education statistics [accessed via: http://www.education.gov.uk/researchandstatistics/statistics/allstatistics/a00196858/
childrenaccommodatedinsecurechildrenhomes (23/01/13)]
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foster carer told the CsJ of her frustration at the lack of available and appropriate support for
the trafficked children in her care, and spoke of taking it upon herself to chase up appointments
and find a counsellor. In one case, the foster carer eventually decided to pay for a private
counsellor for the child in her care from her own money rather than wait any longer.
‘I’ll phone them up and chase them. Meanwhile, she’s getting worse
trying to deal with things in her head that she can’t sort out.’
Foster carer, in evidence to the CSJ
If a child is a victim of trafficking, the unique impact of this particular form of abuse must be
recognised and responded to with the appropriate care and support. the CsJ recommends
that the particular emotional and psychological needs of children who have been trafficked
are recognised, and that provision is made available. the impact of trafficking and the abuse
that a child can face in a situation of modern slavery must not be underestimated. a foster
carer, in evidence to the CsJ, told us how a young girl in her care who had been trafficked for
sexual exploitation from Vietnam, and who had been sexually abused during the journey to
the UK, suffered a panic attack every time they took a trip to the local shop.the girl eventually
told her fosterer that the sight of a specific chocolate biscuit brand made her panic because
the lorry she had been brought to the UK in was shipping this biscuit and it reminded her of
the abuse she had suffered during the journey at the hands of her traffickers.109 the CsJ has
also heard evidence from specialist foster carers under the Barnardo’s safe accommodation
project who have spoken of fulfilling the role of ‘24/7 counsellors’ for the children in their
care: ‘she’ll talk to me for three hours at a time about what happened to her, perhaps when
we’re in the car, or going to the shops. she won’t tell anyone else’.
‘a different response is needed; being exploited by someone who is
not in your family has a very different impact on you.’
Anonymous children’s charity, in evidence to the CSJ
‘It is absolutely critical that we recognise and respond to the need for
ongoing support and that we get it right so we do not fail yet another
generation.’
Sheila Taylor, Director, National Working Group for Sexually Exploited Children
‘Assistance and support measures for child victims should focus on their physical and psycho-social
recovery and on a durable solution for the person in question.’
Preamble to EU Directive on preventing and combating trafficking in human beings and protecting its victims110
109 Foster carer, in evidence to the CsJ, January 2013
110 paragraph 22, preamble, Directive 2011/36/eU of the european parliament and of the Council of 5 april 2011 on preventing and
combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHa [accessed via:
http://eurlex.europa.eu/LexUriserv/LexUriserv.do?uri=OJ:L:2011:101:0001:0011:en:pDF (23/01/13)]
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the CsJ has heard that one of the few options for aiding the recovery of a trafficked child
is a referral to Children and adolescent Mental Health services (CaMHs). In its previous
work on children in care, the CsJ registered concerns at the pressures exerted on CaMHs
across the UK, which approach difficult cases in a variety of ways. as one CaMHs manager
told the CsJ, ‘[CaMHs] don’t know where to begin. there is so much pressure that the more
difficult cases tend to be pushed to the back of the queue.’111 Given that trafficked children
will often present with complex needs, the CsJ is concerned that services for them may not
be readily available:
‘Most of the funding available for children’s mental health services goes into CAMHS. The
Review heard, however, that CAMHS has not always been successful in making the best
use of the wide range of professionals who should be concerned with children’s mental
health. Nor has it met the wide-ranging needs of children of all ages, from all backgrounds
and in all settings’.112
It is essential that knowledge and expertise in dealing with the specific psychological
and emotional response to an experience like trafficking is available for children who
will desperately need it. As the CSJ has previously stated, ‘full training in evidence-based
interventions for those offering therapy for children is essential’.113
Love146, The Philippines
Love146, a charity working towards the
abolition of child trafficking, runs a safe home for
trafficked children in the philippines. the home
provides for the full recovery of the children
staying there, including access to therapies.
these include play therapy, music therapy and
art therapy. each child is carefully monitored
to ensure that any risks to their emotional or
physical wellbeing are mitigated. the home has
its own play therapy room, where children are
able to ‘recreate experiences and feelings by
manipulating or fashioning some representation of them out of art materials’.114 the safe home also
features a therapy tree house, creating a safe place for children to talk about or express their thoughts
and feelings. this model recognises the extreme and substantial impact of trafficking on children, which
warrants tailored therapies in order to ensure the full recovery and reintegration of a child who has
been a victim of modern slavery. all therapies and activities in the safe home aim to facilitate the
reintegration of a child into society once again, as a resilient young person: ‘aftercare in the safe home is
not the end of the recovery road. reintegration that is satisfactory to the child and in the best interest
of the child is the final destination of the work of aftercare’.115
111
112
113
114
115
the Love146 therapy tree
house in the philippines
the Centre for social Justice, Couldn’t Care Less: A policy report from the Children in Care Working Group, London: CsJ, september 2008, p115
the Centre for social Justice, Completing the Revolution: Transforming mental health and tackling poverty, London: CsJ, October 2011, p121
Ibid, p122
Love146, Philosophy of Aftercare [accessed via: http://www.love146.org/solutions-philosophies (21/12/12)]
Love146, Philosophy of Reintegration [accessed via: http://www.love146.org/solutions-philosophies (21/12/12)]
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Recommendation:
Therapeutic services for trafficked children should be made available, and CAMHS should have
the appropriate expertise to enable a child who has been a victim of modern slavery to receive
appropriate support.
6.15 Conclusion
the most pressing need for children trafficked into and within the UK is for better identification
and recognition of their needs and vulnerabilities. this impacts the way in which the child is
safeguarded when they are first identified, the type of placement they will be allocated, and
the form of recovery services and support they will have access to. the number of children
going missing from care must be urgently reduced; it is unacceptable that a child can go
missing and return once again to exploitation and abuse, without the authorities using every
power they have to find them again. Children who have been trafficked must be viewed as
victims of child abuse who deserve the highest quality of care, and who demand help and
support in rebuilding their lives.
6.16 Recommendations
6.16.1 Recommendations for adults
Guidance should be given from Competent Authorities on the information needed from
aftercare providers. A pro forma document outlining the evidence and information required
should be used as standard practice.
Agreed and monitored minimum standards of care provision should be established for aftercare
providers.
Aftercare providers should be given access to the NRM referral form.
Updated indicators – reviewed annually – of human trafficking and modern slavery should be
added to the NRM First Responder form, following a comprehensive review of the current
indicators and developments in understanding that have taken place.
An outcome-based support model should be developed for aftercare providers to ensure that
survivors are able to rebuild their lives and enjoy long-term safety from re-trafficking.
Every aftercare provider should develop local partnerships with relevant agencies – outlined in
the agreed minimum standards – in order to facilitate a reintegration-focussed package of support.
All aftercare agencies should establish an agreement with local UKBA offices to ensure that
asylum screening interviews are conducted locally.
One-year Residence Permits that are issued to survivors of modern slavery should be increased
in length to at least one year and one day, in order to allow the individual to appeal their asylum
decision should they need to.
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All survivors of modern slavery from outside of the EU or EEA who are given a positive
Conclusive Grounds NRM decision should be offered return and reintegration assistance when
returning home.
A return and reintegration scheme should be developed for victims of modern slavery who are
EU and EEA nationals.
The Department for International Development and the Foreign and Commonwealth Office
should work together to ensure that source countries engage with the reintegration of
survivors who are returning home. This should be done in partnership with the Anti-Slavery
Commissioner, who should develop a programme which ring-fences international financial
assistance to persistent source countries for victims of modern slavery in the UK.
6.16.2 Recommendations for children
The number of specialist foster care placements available for trafficked children should be
increased in each region of the UK to improve the options for appropriate accommodation
for trafficked children at risk of going missing, as part of a wider push to recruit more foster
carers.
Secure children’s homes should be used for the immediate safe accommodation of trafficked
children, when needed. Secure children’s homes, in partnership with social workers, should
ensure that a child leaving their care has a protection plan in place to make sure that therapeutic
progress made during their stay is not undone.This may include regular visits from a foster carer
before the child is discharged.
Therapeutic services for trafficked children should be made available, and CAMHS should have
the appropriate expertise to enable a child who has been a victim of modern slavery to receive
appropriate support.
The activities of local authorities to safeguard child victims of trafficking and ensure their
recovery should be included in Ofsted inspections as part of their progress on identifying and
safeguarding children at risk. In particular, Ofsted should particularly scrutinise cases of children
going missing from local authority care.
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seven
chapter seven
the role for business in
tackling modern slavery
7.1 Introduction
the business community has a crucial role to play in the fight against modern slavery. It is essential
that businesses in the UK and around the world identify the impact they are able to have on
putting an end to this crime. In its Human trafficking strategy, the Government recognises the
need for businesses to become more involved in ‘raising the risks to traffickers and making it more
difficult for them to exploit victims’.1 this chapter makes recommendations for how businesses
can begin to fulfil their ‘social duty’ and lift the stone on possible issues of modern slavery within
their areas of operation, particularly through engagement with their supply chains.2
The Institute for Human Rights in Business
the role of business in tackling modern slavery is highlighted by the Institute for Human rights in
Business (IHrB), which works to highlight the links between human rights and the work of the business
sector. each year, the IHrB develops a list of ten top priorities for business in the coming year. second
on their priority list for 2013 is ‘expanding action to combat forced labour and human trafficking’.3
‘Efforts to combat human trafficking and forced labour will continue to play a growing role on the agenda
for responsible business during 2013… As part of their responsibility to respect human rights, companies
must be prepared to ensure the safety and dignity of all those who make their products or provide services
to the business. Increased scrutiny on companies which fail to undertake effective due diligence on their
supplier factories or other areas of operations, which fail to take action on exploitative conditions, low pay
and have a callous disregard for a workforce in many parts of the world, will continually pose reputational
risk for companies and sanction by government, shareholders and consumers.’4
1
2
3
4
Home Office, Human Trafficking: The Government’s Strategy, London: Home Office, July 2011, p8 [accessed via: http://www.homeoffice.gov.
uk/publications/crime/human-trafficking-strategy?view=Binary (31/07/11)]
Ibid
Institute for Human rights in Business, top ten Business and Human rights Issues 2013 [accessed via: http://www.ihrb.org/top10/
business_human_rights_issues/2013.html (27/12/12)]
Ibid
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7.2 Current models of business response
the CsJ has been encouraged to see some members of the business community beginning
to accept their unique responsibility in this area, including through the end Human trafficking
now (eHtn) campaign, which aims to engage businesses on this subject. the eHtn
campaign was the first worldwide initiative to engage the private sector in anti-trafficking
efforts. It emphasises the role of the business community in the fight against modern slavery
through acknowledging and adopting best practice and moving towards a zero-tolerance
policy. It also aims to work on the prevention of trafficking by raising awareness and by
investing in programmes that benefit populations that are most at risk.
In a similar way, the athens ethical principles, also developed in 2006, aim to secure the
declarations of businesses to recognise their responsibilities regarding modern slavery. to
date, hundreds of individual companies have signed the principles and approximately 13,000
businesses have endorsed the principles through business associations.5
The Athens Ethical Principles
the athens ethical principles were adopted by companies and business associations on 23 January
2006 to combat human trafficking worldwide through focussing on seven main areas. those signed up
to these principles sign the following declaration:
‘We, members of the business community, being deeply concerned that the scourge of trafficking in
human beings, especially women and children, inflicts enormous suffering in the world today:
Consider unacceptable that millions of people are treated as commodities and slaves, and are therefore
denied their basic human rights and dignity,
Welcome the efforts of the international community to eradicate human trafficking, including through
public-private partnership, and envisage this initiative as an additional means to complement and
reinforce such efforts,
Recognise the significant potential of the business community to contribute to the global fight against
human trafficking, and are inspired by business community members who are already applying ethical
policies and codes of conducts concerning human rights,
Dissociate ourselves from such illicit practices by launching the following ethical principles in which
we will:
1. Explicitly demonstrate the position of zero tolerance towards trafficking in human beings,
especially women and children for sexual exploitation;
2. Contribute to prevention of trafficking in human beings including awareness-raising campaigns
and education;
3. Develop a corporate strategy for an anti-trafficking policy which will permeate all our activities;
4. Ensure that our personnel fully comply with our anti-trafficking policy;
5. Encourage business partners, including suppliers, to apply ethical principles against human trafficking;
6. In an effort to increase enforcement it is necessary to call on governments to initiate a process of
revision of laws and regulations that are directly or indirectly related to enhancing anti-trafficking policies;
7. Report and share information on best practices’.
5
208
end Human trafficking now, in evidence to the CsJ, January 2013
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7.3 Creating a framework
there is a pressing and immediate need for a more effective framework to tackle modern
slavery through the private sector, which provides a safe forum within which industry can
begin to address the integrity of its supply chains without the fear of public, media or nGO
censure. the current adversarial stance between some nGOs and businesses is ultimately
counter-productive because it leaves little room for businesses to conduct genuine and
open self-examination: a shift in culture is needed. Of course, a rogue business deserves
no protection. However, one that is taking genuine and responsible steps to examine its
supply chain and eliminate modern slavery and human trafficking deserves support, not
condemnation. It is crucial that an environment exists that encourages such self-regulation, in
which the discovery of slavery in a supply chain or business service is not only an occasion to
remedy and rectify the immediate situation but also a catalyst for developing robust processes
to ensure it does not occur again.
Case example: Forced labour in UK supply chains
Workers from Lithuania were kept in appalling conditions and subject to ‘a climate of fear’ of
threats and violence whilst working to provide eggs to some of the UK’s most prominent retailers
and restaurants.6 noble Foods, the UK’s largest egg producer and packer which supplies eggs to
companies including McDonald’s, tesco, sainsbury’s, asda and Marks and spencer, used labour
provider DJ Houghton Catching services Limited, which was licensed by the Gangmasters Licensing
authority (GLa) to provide workers to catch chickens on sites all over the UK. this labour provider
subjected migrant workers to debt bondage, giving them no option to leave the squalid house in
which they were forced to live and sleep. Workers were forced to work for up to 17 hours at a time.
this amounted to labour exploitation.
‘When they were brought back to their accommodation in Kent at weekends, they reported living 15
men to a small house in damp, squalid conditions. Mattresses on the floor were infested with bed
bugs and fleas.’ 7
the firm’s exploitation of the workers was ‘so extreme’ that the GLa ordered the firm to stop
supplying workers immediately.8 two individuals were arrested for human trafficking offences, having
reportedly perpetrated ‘one of the worst cases of exploitation the GLa has ever uncovered in the
food supply chain’.9
7.4 The global context
Increased engagement with company supply chains and the issue of modern slavery
comes as par t of a global shift in the way businesses approach human rights. as highlighted
6
7
8
9
Gangmasters Licensing authority, press release, Kent-based gangmaster stopped from trading for serious exploitation of workers, 30
October 2012, [accessed via: http://gla.defra.gov.uk/pageFiles/1373/revocation%2 0press%20release%2030-10-12f.pdf (09/01/13)]
the Guardian, Workers who collected Freedom Food chickens ‘were trafficked and beaten’, 29 October 2012 [accessed via: http://www.
guardian.co.uk/law/2012/oct/29/workers-chickens-allegedly-trafficked-beaten?IntCMp=srCH (09/01/13)]
Gangmasters Licensing authority, press release, Kent-based gangmaster stopped from trading for serious exploitation of workers, 30
October 2012 [accessed via: http://gla.defra.gov.uk/pageFiles/1373/revocation%20press%20release%2030-10-12f.pdf (09/01/13)]
Ibid
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by John ruggie’s repor t for the United nations and by subsequent work by prominent
business figures such as sir richard Branson, the role of business in promoting human
rights can no longer be ignored.10, 11 the ruggie repor t drew attention to the responsibility
of businesses in the effective prevention of, and remedy for, business-related human rights
harm.
7.4.1 The United Nations Ruggie report
the ruggie report was a product of a growing understanding and awareness of the
responsibility of businesses in the protection and promotion of human rights across the
globe. John ruggie observed that there were many initiatives, public and private, which
touched on business and human rights, but none had reached sufficient scale to truly
move markets; they existed as separate fragments that did not add up to a coherent or
complementary system. ruggie therefore proposed a ‘framework’ to help to develop a
joined-up system within which businesses were able to respond. this Framework rests on
three ‘pillars’.
1. State responsibility to protect
Under this pillar, the guiding principles explain that it is the responsibility of the state to take
appropriate steps to prevent, investigate, punish and redress human rights abuses through
effective policies, legislation and regulations. states are called upon to clearly highlight the
expectation that all businesses operating within their jurisdiction respect human rights
through all operations.
2. Corporate responsibility to respect
the guiding principles call on businesses to avoid infringing on the human rights of others. this
responsibility includes ensuring that adverse human rights impacts are not caused through
businesses’ activities, and addressing such impacts when they occur. these responsibilities
are shown to apply to all enterprises, regardless of size, ownership, structure and profit. It
is recommended businesses establish processes to enable the remediation of any negative
human rights impacts they may cause.
3. Access to remedy
as part of their duty to protect against business-related human rights abuses, states must take
appropriate steps to ensure, through judicial, administrative, legislative or other appropriate
means, that when such abuses occur within their territory or jurisdiction, those affected have
access to remedy. this means that state-based judicial systems must be equipped to offer this
remedy.
10
11
210
ruggie J, Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other
business enterprises, John Ruggie, new York: United nations, March 2011
Branson r, Screw Business as Usual, London: Virgin Books, november 2011
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Responding to reality: Apple
Global technology company apple recently pledged to eradicate child labour from its supply chains
after finding several cases of underage workers in its factories and the factories of its suppliers. apple
has come under significant public scrutiny after reports of the appalling working conditions at the
Foxconn manufacturer in China which led to the suicides of 14 workers in 2010.12 apple has agreed
to undergo independent audits in order to boost its transparency. this is a positive step for the global
technology giant and serves to highlight the multiple layers of suppliers that can be involved in one
business’s activities; smaller suppliers may face less scrutiny from auditors, as apple has found.13 It is
essential that more businesses are encouraged to ‘go deep into the supply chain’ to find and remedy
cases of modern slavery.14
7.5 The Transparency in UK Company Supply Chains
(Eradication of Slavery) Bill
82 per cent of people we polled would support the Government
requiring large companies to report on the efforts they are making to
ensure modern slavery is not in their supply chains.
CSJ/YouGov polling, November 2012
During the course of this review, the CsJ has engaged with politicians, business leaders and
nGOs to produce the transparency in UK Company supply Chains (eradication of slavery)
Bill (the tIsC Bill) which encourages business engagement with the problem of modern
slavery through increasing the transparency of supply chains across the globe. this builds on
successful legislation already enacted in the state of California, Usa.15
the tIsC Bill seeks to fulfil the following objectives:
engage the business sector in the fight against modern slavery and human trafficking;
enable the public to hold businesses to account for the efforts they make to ensure supply
chains are free of slavery and trafficking;
provide a framework through which businesses can offer support and remediation to
victims of slavery and human trafficking.
12
13
14
15
the Daily telegraph, Mass suicide protest at Apple manufacturer Foxconn factory, 11 January 2012 [accessed via: http://www.telegraph.
co.uk/news/worldnews/asia/china/9006988/Mass-suicide-protest-at-apple-manufacturer-Foxconn-factory.html (31/01/13)]
the Guardian, Apple pledges to eradicate child labour from technology supply industry, 25 January 2013 [accessed via: http://www.guardian.
co.uk/technology/2013/jan/25/apple-eradicate-child-labour (31/01/13)]
apple Chief executive tom Cook, quoted in the Guardian, Apple pledges to eradicate child labour from technology supply industry, 25
January 2013 [accessed via: http://www.guardian.co.uk/technology/2013/jan/25/apple-eradicate-child-labour (31/01/13)]
California transparency in supply Chains act 2010
It Happens Here | the role for business in tackling modern slavery
211
the tIsC Bill seeks to achieve these aims by:
requiring that every company operating in the UK with annual worldwide gross receipts
exceeding £100 million publicly discloses its efforts to eradicate slavery, human trafficking,
forced labour and the worst forms of child labour from its direct supply chains for tangible
goods and services offered for sale;
requiring that these businesses disclose this information in their annual report and on their
website, with a clear link to the information on the company’s business homepage;
requiring that this information includes details of the extent to which they:
engage in verification of their supply chains, internally or independently,
Conduct audits of suppliers to ensure compliance with company standards on slavery
and trafficking. If the audit is not independent, this must also be specified,
require direct suppliers to certify materials they use as compliant with laws regarding
slavery and human trafficking in the country in which they are doing business,
Maintain internal accountability procedures for any employees or contractors who fail
to meet company standards on slavery and human trafficking,
provide employees who have direct responsibility for supply chain management with
training on slavery and human trafficking,
ensure that recruitment practices at all suppliers comply with the company’s standards
for eliminating exploitative labour practices;
requiring that businesses which do expose slavery or human trafficking in their supply chains
take appropriate action to assist victims and report on this action in their annual reports.
the CsJ recognises that there will be a need for guidelines or an explanatory briefing to
assist businesses in becoming compliant with this legislation. In California, legal organisations
are working with large companies to do this.16 this report recommends that the tIsC Bill
be enacted by parliament because it is good for: victims of modern slavery; consumers and
investors who wish to make responsible and informed decisions; and responsible businesses
who want to promote their actions.
the CsJ also understands that the Government is concerned about over-regulating the
private sector. However, if there is one good reason for overseeing business activity it is to
ensure that supply chains are free from modern slavery. the CsJ therefore suggests that the
concepts in the tIsC Bill be included as part of wide-ranging deregulation reforms, with only
the most pressing and serious areas overseen through legislation. this legislation encourages
self-regulation of businesses, and would not demand any direct government involvement.
7.5.1 Empowering consumers
this Bill relies on the engagement of the public to hold businesses to account in the way
that they source and produce materials and products. the tIsC Bill empowers consumers
to recognise companies that proactively engage in efforts to ensure their supply chains are
free from modern slavery and exploitation, enabling them to make an informed purchasing
decision. It is therefore also a vehicle to highlight to the public that slavery remains a global
16
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squire sanders LLp, California Transparency in Supply Chains Act, February 2012 [accessed via: http://www.squiresanders.com (31/01/13)
the Centre for social Justice
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problem and demands a response. With disclosure comes the increased understanding of the
risks of modern slavery in supply chains, leading to better awareness of the problem in the
public arena and therefore increased demand for positive action.
7.5.2 Business impact
Given the complexity of modern supply chains, many UK companies are at risk of
encountering these situations within their sphere of influence. this presents a number of
financial, reputational and legal risks to companies and their investors. Large companies can,
by adopting responsible sourcing, recruitment and supply chain management practices, play
an important role in helping to reduce the risk and spread of modern slavery.
there remains a gap in corporate transparency on the issue of modern slavery. this makes
it extremely difficult for investors to assess the extent to which the companies in which they
invest are effectively mitigating the risks. It further creates an uneven playing field, potentially
disadvantaging those companies which choose to publically disclose their actions. Unscrupulous
companies are currently not held to account by investors because supply chains remain opaque.
It is essential that businesses begin to see the benefit of engaging with supply chain
transparency. the CsJ has heard of some nervousness and reluctance for businesses to show
involvement with the problem of modern slavery for fear of reputational damage, or due to
a lack of knowledge about how to respond:
‘I’ve approached a number of FTSE100 companies about raising awareness on the issue of
trafficking and after pleasant smiles and kind words they make clear they wouldn’t touch
the issue with a bargepole. In their view it’s a subject that isn’t palatable in a corporate
environment and I suspect they also worry that engaging with the subject will shine a wider
spot light on their lack of focus on this in their supply chains and wider practices’.17
In light of attitudes such as these it is crucial that a shift takes place in UK business’s
understanding of the value of engaging with their supply chains and the modern slavery that
may be hidden within them. as has been seen in California, companies are beginning to realise
that being ‘left behind’ on the matter of supply chain transparency is not good for business;
companies such as exxon Mobil and WalMart are two leading companies now looking into
the issue.18 numerous businesses are also engaging increasingly with human rights measures
– for example through the ethical trading Initiative.19 this Bill encourages the many businesses
already doing good work to declare publically the measures they have in place. this will create
a situation where leading firms are encouraged to share best practice and develop better
company performance in a ‘race to the top’; the financial threshold outlined in the tIsC Bill will
affect business leaders such as alliance Boots and the John Lewis partnership. the Bill will play
a key part in shifting the culture of business and advancing the global fight against this problem.
17
18
19
Business leader, in evidence to the CsJ, December 2012
professor Kevin Bales, in evidence to the CsJ, May 2012
the ethical trading Initiative works in partnership with companies, trade unions and voluntary organisations to improve the working
lives of poor and vulnerable people across the world who make or grow consumer goods [accessed via: http://www.ethicaltrade.org/
(31/01/13)]
It Happens Here | the role for business in tackling modern slavery
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7.5.3 Demonstrating leadership
the tIsC Bill will contribute to the fulfilment of the Government’s pledge to become a ‘world
leader’ in tackling modern slavery, demonstrating recognition that any strategic response to
slavery in the UK must involve the private sector.20 In a letter to prime Minister David Cameron,
president pro tempore of the California state senate Darrell steinberg called for the UK to join
California in taking ‘a modest yet powerful step forward in consumer awareness and corporate
responsibility’ and taking a ‘global leadership role in the elimination of modern slavery’.21
Lessons from California: The Transparency in Supply Chains (TISC) Act 2010
similar legislation has been passed in California, where it has been viewed by many leading businesses
as a helpful guide for them from which to navigate the complex issue of their responsibility in
addressing and exposing modern slavery and human trafficking in their supply chains.22
‘As shareholders and analysts that have worked for many years with corporations to adopt codes of conduct
that establish rules for respecting basic human rights in the workplace, the availability of information like
that requested in TISC is critical to our business and is an important input into our evaluation of a company’s
risks and opportunities. Lack of attention to these issues can lead to business interruptions, negative publicity,
public protests, and a loss of consumer confidence, all of which can impact shareholder value.’ 23
It is reported that businesses are now engaging positively with the opportunity for analysis,
understanding and reporting created by the new law; the lack of sanctions involved in the California
transparency in supply Chains act 2010 has arguably helped in its successful implementation. Instead
of sanctions, this act gives organisations an opportunity to improve their response in a safe framework.
By creating a climate of dialogue aimed at simply reporting, the act has moved corporations forward
towards ethical sourcing. the act creates room for businesses to work out their response, drawing
on and expanding their existing corporate social responsibility activity to cover an issue they may not
have previously known about or may have avoided. the act has had global impact, affecting company
supply chains all over the world.
7.6 Recommendations
The Transparency in UK Company Supply Chains (Eradication of Slavery) Bill should be enacted
by Parliament in order to help businesses to identify modern slavery in their supply chains and
to enable investors and consumers to make better informed choices.
20
21
22
23
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the Independent, UK signs trafficking directive after 10-month delay, 27 March 2011 [accessed via: http://www.independent.co.uk/news/uk/
crime/uk-signs-trafficking-directive-after-10month-delay-2254137.html (17/02/13)]
Darrell steinberg, president pro tempore of the California state senate, in a letter to the prime Minister, 31 October 2012; see
appendix for the full letter
professor Kevin Bales, in evidence to the CsJ, May 2012; see also exxon Mobil website [accessed via: http://www.exxonmobil.co.uk/
Corporate/community_ccr_globalstories_supplychain.aspx (09/01/13)]
Christian Brothers Investment services letter to Governor of California, arnold schwarzenegger [accessed via: http://www.cbisonline.
com/page.asp?id=1062 (13/02/13)]
the Centre for social Justice
Recommendations
Recommendations
Full list of
recommendations
Chapter One: Modern slavery in the UK
Police forces should develop short-term ‘crackdown and consolidation’ teams in areas which
frequently display indicators of modern slavery due to seasonal work.
Local authorities should develop more proactive identification processes for children in private
fostering arrangements, through partnerships with schools and health services.
Local authority responses to private fostering arrangements should be included in the criteria
for Ofsted inspections.
The Human Tissue Authority should conduct a review to look at the safeguards available to
prevent the forcible removal of organs and tissue, in light of two recent cases of trafficking for
organ removal.
Chapter Two: Effective strategic leadership
An Anti-Slavery Commissioner should be established to develop independent monitoring and
reporting on the UK’s response to modern slavery.
Effective coordination should be developed between the Inter-Departmental Ministerial
Group on Human Trafficking (IDMG) and the Anti-Slavery Commissioner.
More effective information and intelligence sharing should be established within the NGO
sector, through encouraging engagement with the independent Anti-Slavery Commissioner.
The Anti-Slavery Commissioner should work with the Government to develop ring-fencing
or sanctions on international financial assistance to countries which are persistently top
source countries for victims of modern slavery.
An independent review of the Anti-Slavery Commissioner should be conducted after it is
established, to ensure that it is adding value.
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Chapter Three: Building a clearer picture: enhancing the National Referral
Mechanism
The Government should create a two-tier National Referral Mechanism (NRM) system which
allows information about a person’s experience of modern slavery to be gathered through an
anonymous referral, which does not require the person’s consent. If the potential victim then
wishes to make a full referral to access support services, they may give their consent and a
‘second-tier’ referral can be made.
The UK Border Agency should be removed as a Competent Authority for the NRM. The
single Competent Authority under the UK Human Trafficking Centre should approach all
agencies to gather information and make a decision on whether or not an individual has been
trafficked.
An agreed First Responder training package should be developed, which should include guidance
on the indicators of modern slavery and on the appropriate levels of information which should
be included on the NRM referral form. This should be monitored by the UKHTC in the short
term and by the Anti-Slavery Commissioner in the long term.
Her Majesty’s Prison Service should be granted the status of First Responder, being given the
authority to make referrals to the NRM. This should include all Foreign Nationals Officers,
Prison Governors and YOTs, who should be trained to identify the indicators of modern slavery;
The detection of potential victims of trafficking should be a criteria addressed during prison
inspections made by Her Majesty’s Inspectorate of Prisons.
Police should explore the development of partnerships with NGOs, allowing well-trained and
experienced NGO workers to accompany police on visits to locations where modern slavery
is suspected to be taking place.
Chapter Four: Identifying victims
Responsibility in government for human trafficking and modern slavery should be transferred
from the Immigration Minister to the Policing and Criminal Justice Minister in the Home Office.
The obligation to proactively investigate indicators of modern slavery should be outlined in
statute, under the new Modern Slavery Act.
A statutory statement of policy of non-prosecution of victims of modern slavery, creating an
obligation across all sectors of the criminal justice system, should be encased within the Modern
Slavery Act.
Increased partnership should be developed between support NGOs and police and UKBA
during visits to venues where suspected trafficking victims may be present.
Training for UKBA staff should be focussed on widening the understanding of human trafficking
and modern slavery to ensure that staff understand that a victim is not, first and foremost, an
illegal immigrant.
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All officers should be sensitised to the basic indicators of modern slavery and human trafficking,
Recommendations
referral, recognising that delays in these cases are unacceptable.
Recommendations
Detained or imprisoned individuals should be removed from detention or prison upon a NRM
and be aware of who they should speak to if these indicators are present; this will be fulfilled
by every officer completing, on a mandatory basis, the National Centre for Applied Learning
Technologies (NCALT) e-learning package (or equivalent). This should form part of police
officers’ Continued Professional Development.
There should be more detailed, practical training for Senior Investigating Officers, vice teams,
drug teams and Custody Sergeants.
The Anti-Slavery Commissioner should develop a system of accreditation of training packages
used by statutory authorities such as the police.
The remit of the Gangmasters Licensing Authority should be extended to include additional
sectors where high volume cheap labour is employed, such as non-food manufacturing, the
hospitality industry and construction work.
Given the risks of exploitation of overseas domestic workers, the Government should restore
the ability for domestic workers to change employers. In these cases, the domestic worker
should be allowed only to access other domestic work.
Clear and concise information should be given to all domestic workers arriving in the UK,
outlining their rights and providing clarity on how to access help should they require it.
Prosecutors should have a wider awareness of the protocol in prosecuting individuals who are
showing indicators of modern slavery. Swift hearings in magistrates’ courts under the ‘Don’t
Delay Justice!’ initiative should not hinder the ability to halt proceedings if modern slavery is
suspected.
Recommendations to help identify child victims
Trainee social workers should be taught about the risks of child trafficking in the UK as part of
their qualification, and existing social workers should be trained effectively through an agreed
programme.This training should form part of social workers’ continued professional development.
The newly established College of Social Work should be aware of the gap in training on
trafficking for social workers, and should recommend that it be added to the curriculum for
student social workers.
Training should be given to local authority Emergency Duty Teams on the risks and processes for
a trafficked child, in recognition that trafficking does not take place only during working hours.
Social workers conducting age assessments should be trained to spot indicators of modern
slavery, and should know what the NRM is and how to make a referral.
Fraud investigation officers in the new Single Fraud Investigation Service (SFIS) should be trained
to identify the indicators of modern slavery during checks for benefit fraud.
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All Local Safeguarding Children Boards (LSCBs) should be aware of the issue of modern slavery
and the risks that it may be hidden within their region of responsibility.
LSCBs should consider creating a combined subgroup for missing, runaway and trafficked
children in recognition of the many links between these issues. and to guard against the creation
of silos of information.
All children showing indicators of modern slavery should be referred to the NRM.
The UKBA should not be a Competent Authority for the NRM; all NRM decisions should be
made by one Competent Authority, and should have formal and sustained input from child
safeguarding practitioners.
Police should be tasked to proactively investigate the links between missing children and child
trafficking, given the risk factors involved. For example, the Metropolitan Police Sapphire unit
or equivalent units, which investigate rape and other serious sexual violence cases, should be
sensitised to modern slavery in order to increase detection.
Child Abuse Investigation Teams (CAITs) should be trained in investigations into modern slavery
and human trafficking and should recognise child trafficking as part of their remit.
Further research should be conducted by the UKHTC into the extent of child trafficking in
the UK, taking into account the number of referrals that are not made by social workers, and
exploring the reasons behind this.
Multi-agency child safeguarding teams should be established at airports, particularly those with
a high number of flights from top source countries for human trafficking or known transition
countries. These should be based on the Operation Paladin model at Heathrow airport.
Training should be given to flight staff on budget airlines, in recognition that these are more
frequently used by traffickers due to the low cost of tickets.
Recommendations for responding to British children trafficked for sexual exploitation
Human trafficking, and the relevant legislation under section 58 of the Sexual Offences Act 2003,
should be more widely recognised in cases of organised sexual exploitation of British children.
The relevance of this legislation should be more widely understood, and used as another tool
to better understand the experience of the victims and the criminality of the perpetrators.
The Home Secretary should ensure that, as part of the remit of the newly formed National
Crime Agency (NCA), the internal trafficking of British children is considered a priority issue.
This will involve ensuring that the necessary expertise and experience is brought into the NCA,
and that clarity is brought to the remit of both CEOP and the UKHTC as a result.
Multi-agency policing teams should be established in every region, based on the ENGAGE model
in Blackburn, where co-located professionals share information in order to tackle child sexual
exploitation, which may be linked to internal trafficking.
Hotels should be helped to recognise the need to raise staff awareness of the problem of child
trafficking, and should take up the ‘Say Something if you See Something’ campaign launched by
the National Working Group for Sexually Exploited Children and the Children’s Society.
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Recommendations
summary
an agreed module set by the Anti-Slavery Commissioner in partnership with the Department
for Education and the Home Office. A school resource containing training for teachers on how
to identify indicators of internal trafficking, and what to do in the case of fears or suspicions
should also be established.
Recommendations
Education on the risks of internal trafficking should be included as part of PSHE in schools, with
Chapter Five: Strategic and frontline direction: tackling the crime
Human trafficking and modern slavery should form a part of all police strategic assessments and
feature on force control strategies.
A national policing policy on modern slavery and human trafficking should be developed, to
which all forces are subject, in order to improve levels of consistency in response across the UK
and outline the specific responsibilities of the police for tackling this criminal problem.
Police and Crime Commissioners (PCCs) should hold their force accountable for their
response to human trafficking and modern slavery in their force area. Human trafficking and
modern slavery should also be included in the Strategic Policing Requirement, to enhance the
awareness of PCCs of the issue.
Her Majesty’s Inspectorate of Constabulary should add human trafficking and modern slavery to
its inspection criteria, and should be commissioned to conduct a thematic inspection of forces’
responses to this crime immediately.
An embedded Single Point of Contact (SPOC) role should be established in every force, to
enable local SPOCs to share information, intelligence and best practice with regional SPOCs,
which can then communicate with the UKHTC.
Modern slavery and human trafficking should be made a priority area for the NCA, to ensure
that this crime is not seen only in the context of border security or organised immigration
crime.
Dedicated researchers and intelligence analysts should be allocated to develop the policing
response to modern slavery at a regional level.
Every region should have a multi-agency forum for information sharing, based on the models
in Gwent (the Gwent Consultation Group on Human Trafficking) and the West Midlands
(the Regional Anti-Trafficking Network), which can feed information to the Anti-Slavery
Commissioner and to the UKHTC.
The UKHTC should increase its information-sharing capability so that it is able to communicate
to police forces the relevant information and intelligence about cases of which they may not
otherwise be aware.
There should be increased awareness and better promotion of the UKHTC’s Tactical Advisers,
bringing clarity to forces about the support they can expect from the UKHTC.
The relevance of the Proceeds of Crime Act 2002 (POCA) in cases of modern slavery should
be more widely recognised and should be added as a learning point in police training on modern
slavery.
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Joint Investigation Teams (JITs) should be more widely used to aid police in their evidence-
gathering process. Funding is available for JITs, and should be applied for more frequently.
Police forces should consider establishing an international liaison unit, based on the European
Liaison Unit developed by Kent police.
The Home Secretary should reconsider the decision to opt out of EU police and justice
measures, taking into account the negative impact this would have on the UK’s ability to tackle
modern slavery.
Human trafficking and slavery legislation under the Sexual Offences Act 2003, the Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004 and the Coroners and Justice Act 2009
should be brought under one ‘Modern Slavery Act’ to bring continuity and mitigate the risk of
confusion with immigration offences. This Act should also include provisions for the obligation
to proactively investigate indicators of modern slavery, and provisions for the non-prosecution
of victims of modern slavery.
The role of the Anti-Slavery Commissioner should be outlined under the Modern Slavery Act.
Chapter Six: Supporting survivors
Guidance should be given from Competent Authorities on the information needed from
aftercare providers. A pro forma document outlining the evidence and information required
should be used as standard practice.
Agreed and monitored minimum standards of care provision should be established for aftercare
providers.
Aftercare providers should be given access to the NRM referral form.
Updated indicators – reviewed annually – of human trafficking and modern slavery should be
added to the NRM First Responder form, following a comprehensive review of the current
indicators and developments in understanding that have taken place.
An outcome-based support model should be developed for aftercare providers to ensure that
survivors are able to rebuild their lives and enjoy long-term safety from re-trafficking.
Every aftercare provider should develop local partnerships with relevant agencies – outlined in
the agreed minimum standards – in order to facilitate a reintegration-focussed package of support.
All aftercare agencies should establish an agreement with local UKBA offices to ensure that
asylum screening interviews are conducted locally.
One-year Residence Permits that are issued to survivors of modern slavery should be increased
in length to at least one year and one day, in order to allow the individual to appeal their asylum
decision should they need to.
All survivors of modern slavery from outside of the EU or EEA who are given a positive
Conclusive Grounds NRM decision should be offered return and reintegration assistance when
returning home.
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The Department for International Development and the Foreign and Commonwealth Office
Recommendations
summary
EU and EEA nationals.
Recommendations
A return and reintegration scheme should be developed for victims of modern slavery who are
should work together to ensure that source countries engage with the reintegration of
survivors who are returning home. This should be done in partnership with the Anti-Slavery
Commissioner, who should develop a programme which ring-fences international financial
assistance to persistent source countries for victims of modern slavery in the UK.
Recommendations for supporting children
The number of specialist foster care placements available for trafficked children should be
increased in each region of the UK to improve the options for appropriate accommodation for
trafficked children at risk of going missing, as part of a wider push to recruit more foster carers.
Secure children’s homes should be used for the immediate safe accommodation of trafficked
children, when needed. Secure children’s homes, in partnership with social workers, should
ensure that a child leaving their care has a protection plan in place to make sure that therapeutic
progress made during their stay is not undone.This may include regular visits from a foster carer
before the child is discharged.
Therapeutic services for trafficked children should be made available, and CAMHS should have
the appropriate expertise to enable a child who has been a victim of modern slavery to receive
appropriate support.
The activities of local authorities to safeguard child victims of trafficking and ensure their
recovery should be included in Ofsted inspections as part of their progress on identifying and
safeguarding children at risk. In particular, Ofsted should particularly scrutinise cases of children
going missing from local authority care.
Chapter Seven: The role of business in tackling modern slavery
The Transparency in UK Company Supply Chains (Eradication of Slavery) Bill should be enacted
by Parliament in order to help businesses to identify modern slavery in their supply chains and
to enable investors and consumers to make better informed choices.
It Happens Here | Full list of recommendations
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appendix: a letter to prime Minister David Cameron
from president pro tempore of the California state senate, Darrell steinberg
October 31, 2012
Mr. David Cameron
Prime Minister
10 Downing Street
London
SW1A 2AA
Dear Mr. Prime Minister:
As President pro Tempore of the California State Senate, I respectfully request that you join in the effort to eradicate human
trafficking and modern slavery through your support of the Transparency in UK Company Supply Chains Bill.
This bill is modeled after my successful effort in California to give consumers, investors and businesses the information
they need to use their purchasing power, over time, to help shrink and perhaps eliminate the market for goods produced by
slave and trafficked labor. Similar to the proposal of Michael Connarty, my Senate Bill 657, the California Transparency in
Supply Chains Act of 2010, requires large retailers and manufactures doing business in California and having more than
$100 million in annual worldwide gross receipts to simply post on their websites what steps, if any, they take to identify and
combat slavery and trafficking in the supply chains of tangible goods they offer for sale. Since January 1 of this year when it
became effective, scores of companies have complied.
It is estimated that more than 12 million people worldwide work in some form of forced labor, with nearly 2.5 million of
those people having been trafficked into deplorable working conditions. While we assume such victims are somewhere far
from home, in California we were alarmed to find that a taskforce study concluded that California is among the top four
destinations for trafficked labor in the United States. In particular, any nation or state where people immigrate to find a
better life can be especially susceptible to these crimes.
As intended under this disclosure law, these large companies doing business in California are embracing a higher level of
corporate social responsibility which may well lead to even more proactive measures to eliminate slavery or human
trafficking. While the high threshold of economic activity limits the Act’s impact to a relatively small percentage of
companies, the magnitude of their market share provides a powerful tool that can influence behavior in product supply
chains. I am confident that under the TISC Bill the United Kingdom would see similar positive results.
The TISC UK Bill, like the California Transparency in Supply Chains Act of 2010, represents a modest yet powerful step
forward in consumer awareness and corporate responsibility. Please join us in taking a global leadership role in the
elimination of modern slavery.
Sincerely,
DARRELL STEINBERG
President pro Tempore
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‘It ought to concern every person, because it is a debasement of our common
humanity. It ought to concern every community, because it tears at our social
fabric. It ought to concern every business, because it distorts markets. It ought
to concern every nation, because it endangers public health and fuels violence
and organized crime. I’m talking about the injustice, the outrage, of human
traficking, which must be called by its true name – modern slavery.’
Barack Obama, president of the United states
‘these are some of the most faceless, voiceless, helpless people that we have
in the country.’
Chief superintendent John sutherland, Metropolitan police
£35.00
the Centre for social Justice
4th Floor, Victoria Charity Centre,
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