Tuesday 7th July 2026

ECPAT UK is deeply concerned that the Immigration and Asylum Bill will have a profoundly negative impact on children in the UK. Measures that weaken access to protection, reduce safeguards for young people with insecure immigration status, and prioritise immigration control over children's welfare risk increasing children's vulnerability to trafficking, exploitation and harm.

The Government has committed to restoring the UK's response to modern slavery and improving the identification of, and support for, child victims. Yet key provisions in the Bill fail to provide the comprehensive protections that child victims of trafficking need. While there are positive steps, significant gaps remain that risk leaving some of the most vulnerable children without support simply because of their immigration status or because they turn 18 during the recovery process.

ECPAT UK welcomes the decision not to extend the proposed 'bad faith' disqualification provisions to children. However, we are deeply concerned that the new exception to the public order disqualification applies only to children who have the right of abode or leave to remain. The Government's own explanatory notes state that this safeguard is intended to "reflect the need for enhanced protection of children within the modern slavery framework." Enhanced protection is necessary for all children. A trafficked child's entitlement to being identified as a victim should never depend on their immigration status. This disqualification is also extended even further to include suspended sentences of any length.

The provisions on 'credibility' for trafficking determinations are particularly concerning for children. These proposals ignore the well-established reality that child victims of trafficking often disclose abuse only after significant delays because of trauma, fear, coercion, distrust of authorities, or because they do not recognise themselves as victims. The Home Office's own statutory guidance acknowledges that delayed disclosure is a common consequence of trauma, yet these provisions risk treating late disclosure as damaging to a child's credibility. Combined with limited access to specialist legal advice, this creates a real risk that child victims will be wrongly disbelieved and denied the protection they need, simply because they disclosed their exploitation when they were finally able to do so.

The Bill also gives the Secretary of State power to designate other competent authorities for the National Referral Mechanism (NRM) to further implement the successful devolved local pilot for decision making for children, which is welcome.  We are concerned however that the proposals limit children transitioning into adulthood, with young people who were exploited and referred as children into the NRM the decision remains with the Home Office simply because they have reached adulthood before their case is decided. Child victims should not lose child-centred decision making because of arbitrary reasons.

The Bill also removes important parliamentary scrutiny over the implementation of Independent Child Trafficking Guardian (ICTG) provisions. By removing the requirement to lay a report before Parliament following commencement of section 48 of the Modern Slavery Act 2015 and replacing the affirmative procedure for regulations with general commencement powers, Parliament's ability to scrutinise how these vital child protection measures are implemented will be significantly reduced.

We are deeply concerned by Clause 43, which removes the Secretary of State's statutory duty to provide support to child victims of trafficking. Although the Government argues this reflects existing operational practice, with support typically provided by local authorities, the Explanatory Notes make clear that children are being removed from these statutory protections. In practice, many child victims are already failing to receive the assistance they are entitled to under the Council of Europe's trafficking convention (ECAT) and, in some cases, receive little or no support from children's services. Rather than addressing these existing gaps, Clause 43 risks entrenching them and creating a dangerous cliff edge in support for young people transitioning into adulthood while in the National Referral Mechanism, particularly those who are not entitled to leaving care support or whose age is disputed. 

The Bill also removes the duty to grant Victim of Trafficking Stay (VTS) leave and further narrows eligibility by removing the "personal circumstances" ground. This represents a significant weakening of protections for confirmed victims of trafficking, reducing the ability to respond to the complex and individual needs of survivors. For children, the proposals move even further away from the standards set out in the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT), which provides that residence permits for child victims should be granted in accordance with their best interests. Instead of strengthening protection for trafficked children, the Bill further restricts access to secure immigration status, increasing the risk that child victims will be left without the stability and protection they need to recover.

Patricia Durr, CEO at ECPAT UK, said:

"Children who have been trafficked are victims of serious abuse. Their protection should never depend on their immigration status or whether they happen to turn 18 before the Home Office makes a decision. The Government has recognised that children require enhanced protection within the modern slavery framework, but these safeguards must apply equally to every child.

"We welcome the decision not to extend the 'bad faith' provisions to children. However, the Bill simultaneously creates new gaps in protection by introducing even more credibility thresholds, removing statutory support duties, weakening trafficking leave provisions, limiting parliamentary oversight of Independent Child Trafficking Guardians, and allowing child victims to lose child-centred decision making as they reach adulthood.

"The UK has long recognised that child victims of trafficking require specialist, trauma-informed support. This Bill risks moving away from that principle at precisely the point when young people are most vulnerable. We urge Parliament to amend these provisions to ensure that every trafficked child receives the protection and support they need, regardless of their immigration status."

• Ends     - 

Notes to editors:

• The full bill as laid in Parliament on 30 June 2026 can be found here.
• The explanatory notes on the bill can be found here.