What is child trafficking? Expand Child trafficking is defined as the “recruitment, transportation, transfer, harbouring or receipt” of a child for the purpose of exploitation. This definition comes from the United Nations Palermo Protocol, which has been adopted by the UK and the majority of countries around the world, making it the internationally accepted definition of human trafficking. A child is defined by the Palermo Protocol and the United Nations Convention on the Rights of the Child as any person under the age of 18. In the UK, trafficking is regarded as a form of modern slavery. The trafficking of children is a process comprised of two distinct stages: the Act and the Purpose. This is the “recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons ... for the purpose of exploitation.” The definition of child trafficking differs slightly from that of adults, which requires an extra stage for trafficking to be present – that of the 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”. The Means stage is not required for the definition of child trafficking. This is not to say that this stage does not occur for child victims, but the definition recognises that a child cannot give informed consent to his or her own exploitation, even if he or she agrees to travel or understands what has happened. Essentially, child trafficking is child abuse and should be treated within a child protection context. It is also a crime and abuse of an individual’s human rights. Trafficking can occur across international borders (i.e. into and out of the UK) but also within borders. The latter is commonly known as ‘internal trafficking’. This means that children who are moved around the UK for the purposes of exploitation, whether they are children from abroad or citizen children, can be considered victims of trafficking. Many children may have been trafficked to other countries prior to arriving in the UK. It is estimated that 5.5 million children are trafficked worldwide each year.[1] Children account for nearly half of all trafficking victims discovered in the UK,[2] and the global child trafficking market is valued at over $12 billion a year.[3] There is sometimes confusion between human trafficking and people smuggling. Smuggling involves the movement of people across an international border, when a person cannot access a legal route to migrate. In people smuggling, the transaction between the person and the smuggler ends on arrival at their destination. In cases of human trafficking, the movement can take place through clandestine entry across international borders but it can also happen when a person enters a country legally or within a country where a person does not cross an international border at all. However, there is a grey area between the two due to the inherent vulnerability to exploitation of people who have a precarious immigration status and cannot access safe, legal routes in migration. It can be particularly confusing in cases when a child or adult may think they are being smuggled by paying an agent to enable them to travel overseas. However, the agent may deceive the person and exploit them. This then becomes human trafficking. Children may have been exploited and abused en route to the UK or forced to undergo a long and traumatic journey before arriving in the UK. Practitioners working with children must be mindful of this, even if initially there is no immediate evidence of trauma. [1] International Labour Organization and Walk Free Foundation. (2017). Global estimates of modern slavery: forced labour and forced marriage. ILO: Geneva. [2] National Crime Agency. (2018) 2018 NRM statistics: http://www.nationalcrimeagency.gov.uk/publications/national-referral-mechanism-statistics/2018-nrm-statistics. [3] International Labour Organization. (2009). Training Manual to Fight Trafficking in Children for Labour, Sexual and Other Forms of Exploitation. ILO: Geneva.
Who are the victims? Expand Victims of trafficking in the UK come from all over the world, but are often British citizens too. In 2019, of 4,550 potential victims identified, British children represented the largest group (52%), followed by children from Vietnam (9%), Eritrea (6%), Albania (6%) and Sudan (5%).[1] Other notable countries of origin include Romania, Iraq, Afghanistan, Nigeria, Iran and Ethiopia.[2] Trafficking can affect children of all ages, although research indicates that most children are aged over 12 when they are identified. Both boys and girls are trafficked into and within the UK. In 2019, 76% of children identified as potential victims of trafficking were male compared to 24% of victims who were female.[3] The government collects data on suspected child victims of trafficking through the National Referral Mechanism (NRM), which was set up in 2009 to identify and support victims of trafficking. However, awareness of the NRM is low among frontline practitioners, and ECPAT UK understands that hundreds of children each year are not referred into this system, meaning they are not formally identified as victims. The available statistics on child trafficking are therefore not regarded as indicative of the true scale of the problem in the UK. Children are recognised as being ‘particularly vulnerable’,[4] which can make them an easy target for traffickers. Traffickers often recruit children with false promises of work, and by exploiting children and their families’ desire for a better life. Often, families are aware of the initial arrangements for another adult to look after their child, but they may lose contact with the child or have no knowledge of the exploitation that occurs. The majority of children trafficked to and within the UK are already vulnerable because of poverty, discrimination, conflict or political unrest, lack of education, job scarcity or a lack of family support. Traffickers recruit them by offering opportunities of employment, education, holidays or even love and marriage. In areas of poverty around the world, many children feel the burden of responsibility to contribute to their family’s income. While a family may sometimes be aware of the risks of sending their child abroad or paying an agent, they may nonetheless see it as a survival strategy that offers the hope of a better life for both the child and the family. Children growing up in the UK may be more at risk of exploitation when they have experienced other forms of abuse, are disabled, in care and/or living in poverty. Children on the move are at a particularly high risk of exploitation, especially if they are unaccompanied children or separated from their immediate family or carers. European governments’ failures to respond to children on the move with proper safeguarding strategies and safe, legal routes for migration mean that these children’s vulnerability is further increased. It is estimated that at least 10,000 of these children across Europe are thought to have gone missing, with many feared to be exploited and abused for sexual or labour purposes.[5] Traditional practices, such as migration and private fostering, can also make children vulnerable to trafficking. In some countries, children moving unaccompanied at a young age is part of a deep-rooted socialisation process in which it is expected that a child will leave home and work elsewhere to provide for their family. In some areas of the world, a customary practice is for parents to hand over the care of their child to a relative or community member who may be seen as better able to provide for the child. Traffickers exploit such practices, with children being brought to the UK and other countries in order to be domestic servants or for benefit fraud, rather than to receive education. Families have been known to sell their children, and children have reported the involvement of a family member who knowingly passes them on to someone else to abuse or exploit them. Therefore, the possible role of a family in the case of a child being trafficked must be established before any attempt is made to reunite a child with them. [1] https://www.gov.uk/government/statistics/national-referral-mechanism-statistics-uk-end-of-year-summary-2019 [2] https://www.gov.uk/government/statistics/national-referral-mechanism-statistics-uk-end-of-year-summary-2019 [3] https://www.gov.uk/government/statistics/national-referral-mechanism-statistics-uk-end-of-year-summary-2019 [4] 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/ [5] Townsend, M, (2016) ‘10,000 refugee children are missing, says Europol’, The Guardian: https://www.theguardian.com/world/2016/jan/30/fears-for-missing-child-refugees
How are children exploited in the UK? Expand Children may be exploited in one or more ways. Often, one form of exploitation may make the child more vulnerable to other types of abuse and exploitation; for example, a child trafficked for domestic servitude may also be sexually abused by adults in the household. The main types of exploitation are: Labour exploitation This is where a child is exploited in labour for someone else’s gain. It may involve victims being compelled to work long hours, often in arduous conditions, and to relinquish the majority, if not all, of their wages. It will likely interfere with their education and may also pose a risk to their health. Identity documents may be retained by the traffickers, meaning a young person cannot leave or prove their identity. In many cases, victims are subjected to verbal threats or actual violence to achieve compliance. Particular industries are often represented in known cases of forced labour in the UK, such as manufacturing, catering, beauty, entertainment, agriculture and construction. Often, large numbers of individuals are housed in single dwellings. Criminal exploitation Child criminal exploitation (CCE) can be understood as the exploitation of a person to commit a crime, such as possession of false identity documents, pick-pocketing, shoplifting, burglary, cannabis cultivation, electricity theft, drug transportation and distribution. ‘County lines’ is a police term often used to describe the exploitation of children by urban gangs to sell drugs to suburban areas, market and coastal towns using dedicated mobile phone lines. Sexual exploitation Child sexual exploitation (CSE) is a form of sexual abuse that involves the grooming and/or coercion of young people under the age of 18 into sexual activity. This includes abuse of the child for the production of child abuse images or videos. Children in such exploitative situations may receive gifts, money, drugs, cigarettes, alcohol or affection as a result of performing sexual activities or others performing sexual activities on them. The child may be tricked into thinking that they are in relationship with the abuser. Sexual exploitation of children can be by adults, often in groups, or even by others in their peer group. Domestic servitude Domestic servitude involves the victim being exploited in private households. Their movement will often be restricted, and they will be forced to perform household tasks such as childcare and housekeeping over long hours and for little, if any, pay. Victims will usually lead very isolated lives and have little or no unsupervised freedom, but may still attend school. Their own privacy and comfort will be minimal, often sleeping on a mattress on the floor, hidden in a cellar or locked room. In rare circumstances where victims receive a wage, it will be heavily reduced, ostensibly to pay for food and accommodation. In Nigeria, domestic servitude is commonly referred to as ‘Omo-Odo’. Forced begging Children, including babies and younger children, can be used as tools for begging. Children may also be forced to beg alone, with the money handed to adults and gangs controlling them. Organ harvesting This is a very rare form of trafficking in the UK, where children are exploited for the purposes of using, buying, selling, or otherwise commodifying parts of their bodies. There have been several reported potential cases involving children in the past few years. Cases of organ harvesting have increased in areas with protracted humanitarian crises, such as in Syria, which may affect children who arrive in the UK to seek protection. Other types of exploitation Other activities, such as illegal adoption, financial fraud or forced marriage, may also be considered trafficking when the child is also a victim of exploitation. Of the children identified as potential trafficking victims in the UK in 2019, the most common exploitation types recorded were criminal and labour exploitation, followed by sexual exploitation, then unknown exploitation and domestic servitude. The least common exploitation type is organ harvesting, although in 2019, 8 children were identified as victims of this form of exploitation. No further details or distinctions are provided within these categories, so we are unable to assess the number of children exploited for criminal purposes, or which areas of labour and criminal exploitation were most prevalent. It is also difficult to ascertain whether these figures represent the reality of child trafficking in the UK. For example, domestic servitude is often harder to detect as the child is kept in a residential setting, where often the only people who know that the child is there are the family itself – which may mean fewer victims are being identified.
Who are the traffickers? Expand Much less is known about the traffickers than their victims. The main reason children are trafficked is for financial gain, but some might gain in other ways. For those trafficked from abroad, this can include payment from or to the child’s parents or other adults who facilitate their journey, and can place the child in debt bondage to the traffickers. Commonly, the trafficker receives payment from those wanting to exploit the child once he or she is in the UK. Traffickers may operate as part of an organised crime network in which many ‘agents’ or ‘facilitators’ play a role in enabling trafficking within the UK and often across countries. Border officials have been known to accept bribes to allow victims to enter a country. Some organised crime groups are very complex and well-organised, trafficking a number of victims in many countries. Some are primarily UK or regionally based. However, sometimes a child is trafficked within a familial setting or a much smaller group of individuals as a ‘one-off’ occurrence. The number of people who have been prosecuted for human trafficking is low compared to the number of victims identified, although the numbers are slowly increasing. In 2017-18 in England and Wales, 239 suspects were charged with modern slavery offences and 185 people were convicted under the Modern Slavery Act.[1] In 2016-17 in Scotland, there were no convictions overall, with 25 cases ongoing and in Northern Ireland, four were convicted for trafficking offences during this period.[2] In addition to the international legal instruments, in the UK there are three separate pieces of anti-trafficking legislation that cover acts committed against children: the Modern Slavery Act 2015 (England and Wales), the Human Trafficking (Scotland) Act 2015 and the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. Criminal offences of human trafficking, slavery, servitude, forced and compulsory labour are included in all three of the Acts, although there is no separate offence for exploiting a child. A child is defined in all of the Acts as any person under the age of 18 years. All three Acts include a duty on certain public authorities to notify a particular government body when they come across a potential victim. The authorities do not require consent from the child to notify the government body in children’s cases. The legislation also created new civil orders aimed at preventing future trafficking and exploitation. In all three laws there is a provision for the non-criminalisation of victims, including children. In the Modern Slavery Act and Northern Ireland Act, there is a statutory defence for victims who are prosecuted for crimes they were compelled to commit as a direct result of their trafficking. In Scotland, the law works differently. The Act requires the Lord Advocate to issue guidance on the prosecution of victims and includes that individuals must be referred to the National Lead Prosecutor who decides whether or not to prosecute. All three Acts also provide for a child guardian scheme, or equivalent, to support, advise and guide children who have been trafficked or who are at risk of being trafficked, and help them navigate complex systems such as children's services, criminal justice and immigration. The broadest and most detailed model for guardianship is found in the Northern Ireland Act. The non-statutory guardianship scheme in Scotland includes provision for all unaccompanied and separated children within its remit. In England and Wales, however, the legislation provides for Independent Child Trafficking Guardians (ICTGs), formerly known as Independent Child Trafficking Advocates (ICTAs), but only for those identified as potential victims of trafficking, rather than all unaccompanied and separated children. This scheme is currently operational in Wales and certain parts of England, however the timeframe for full, national rollout of the scheme is unclear. How do traffickers control their victims? Traffickers control their victims in a number of ways, such as direct violence or threats of violence – of a physical and/or sexual nature – against both the child and his or her family. Some traffickers abduct or kidnap their victims, but frequently children and their families are deceived into believing the child will gain education or work, such as in a restaurant or as a domestic worker. Children may be groomed into a relationship of trust with the trafficker, such as through giving the child attention or buying them gifts. Grooming can occur both online and in person. Use of sexual images may also be used vindictively to exploit a child. Traffickers often keep the child isolated, which may be made easier if the child is unable to speak English or the language of the trafficker and any people surrounding them. The child may be locked up and deprived of their own money. Often children are told that they and their family owe large amounts of money and they must work to pay this off; sometimes these sums are impossibly large. For example, a child is told they owe £30,000 but is only given £5 a week. This is commonly defined as debt bondage. The majority of children trafficked from abroad enter the UK without identity documents or on false documents in someone else’s name, often incorrectly depicting them as adults. Traffickers may seek to control the child by removing their documents and threatening that the child will be deported if he or she tries to escape. In addition, the creation of a false identity can give the trafficker direct control over every aspect of the child’s life, particularly if they claim to be a parent or family member. Children are often isolated once they are in the UK and traffickers exploit their lack of connections and poor understanding of the system that can enable them to get help. Traffickers may actively seek to undermine their trust and confidence in the authorities. Traffickers often control children by providing them with a sense of belonging. Traffickers are also known to use children’s precarious immigration status to keep them in exploitation and to prevent them from coming forward to public authorities. Traffickers exploit children’s fear of removal from the UK, threatening that they will report them to the police and immigration control if they report their exploitation to the authorities. In some cases, children may be controlled through spiritual and/or institutional abuse. These forms of control are characterised by systematic patterns of coercive behaviour regarding a person’s systems of belief. Some of the characteristics may be scripture or belief misused to control behaviour, threats of negative spiritual consequences and/or the idea that a spiritual leader is “called” by God to a position, and therefore cannot be questioned. All belief systems can be manipulated to exercise control and abuse. The long-term impact of such abuse can be complex and devastating for children. [1] https://www.cps.gov.uk/modernslavery. [2] Independent Anti-Slavery Commissioner (2017), Annual report 2016-17. London.
What is the impact on children? Expand Children may not only be deprived of their liberty and right to be free from exploitation and abuse, but also from health care and education. Those who have been trafficked may not show obvious signs of distress, but the short and long-term impact of exploitation cannot be underestimated. The creation of a false identity, together with the loss of family and community, may seriously undermine their self-worth and confidence. There are various physical, emotional and psychological abuses that the child may have suffered and continue to experience. These include but are not limited to: Physical abuse and physical disorders, such as skin diseases, headaches, backaches and/or general pains Drug and alcohol addiction (particularly if the child has been given these in order to subdue them) Disorientation and isolation, loss of trust, low self-esteem, depression and/or suicidal thoughts or attempts Psychological distress/sense of powerlessness Dependent relationships with abusers Loss of ability to concentrate and/or memory loss Post-Traumatic Stress Disorder, flashbacks, nightmares, anxiety attacks, stress and/or nervous breakdowns Anti-social behaviour, anger and/or fear of authorities Sexual abuse, sexually transmitted infections, pregnancy, HIV/AIDS and/or damage to reproductive health Malnutrition, physical and/or sensory deprivation The child may require immediate medical attention when discovered as commonly victims are deprived of routine and even emergency medical treatment by their traffickers. In the majority of cases, children will require mental health support, even if they do not initially wish to engage with health services. Experiences of children who have been trafficked “I will never be the same again…” “I was hit in the head by my trafficker and I have problems remembering things from yesterday” “My inner world has changed. The things around me have a different colour; everything seems to be dark grey…” “Sometimes when I am in the street I feel that everyone is looking at me and I want to shout. I’m tired of being afraid…” “What happened to me will always stay with me. Sometimes I still have nightmares”
How are children identified as trafficked in the UK? Expand Early identification of children is critical, but it is not an easy task. Child victims are unlikely to give direct disclosures, and their accounts may be confused and sometimes contradictory – often because they are traumatised, scared of telling the truth or have been coached into telling a story. Child victims of trafficking in the UK come to the attention of the authorities through a wide range of sources, including the health, legal, education, welfare, police and immigration sectors, together with NGOs and the wider public. In 2009, as a result of the UK ratifying the Council of Europe Convention on Action against Trafficking in Human Beings, a system for formal identification of child and adult victims was introduced, called the National Referral Mechanism (NRM). It is a framework for identifying victims of trafficking and ensuring they receive appropriate protection and support. The NRM is also the mechanism through which the government collects data about victims. This information aims to help build a clearer picture about the scope of human trafficking in the UK. In the same way as any child protection referral, the referral should be made with or without the child’s consent, however, it is best practice to explain the process to the child. ECPAT UK has criticised the way the NRM operates for children. Awareness of the NRM among frontline workers is very low, which often means children are not referred; obscuring the reliability of statistics to give an accurate picture of the scale of the problem. An ECPAT UK survey found that only 6% of frontline professionals felt that there was good awareness of the NRM amongst those professionals working directly with children.[1] Decisions under this process are not made by child protection experts but instead by Home Office officials, far removed from the child and often lacking child-specific knowledge. The decision-making process is often poorly made and subject to lengthy and unnecessary delays. A positive decision does not lead to any additional or specialist support, unlike for adults. There is no formal appeals process in the NRM, however, a decision can be informally challenged if new evidence is presented or the case can be taken to a judicial review. ECPAT UK's survey of frontline professionals showed that there is a widespread perception that the NRM for children needs to be reformed. More than half of respondents believed that the current NRM process needs to be revised and only 7% believed the system should remain as it is.[2] Most respondents felt that the system should be changed so that decisions are carried out by professionals working closely with children affected, as well as in a multi-agency structure and part of the existing child protection system. Respondents also felt that it should lead to better support for those who have been trafficked. This echoes ECPAT UK’s campaign to embed the NRM within multi-agency child protection systems, and provide guaranteed specialist support for children affected. Early and robust identification of child victims of trafficking is essential for trust to be developed to enable the child to disclose their experiences, which then enables practitioners to safeguard the child effectively and for evidence to be gathered for a criminal investigation. The reaction of practitioners to a suspected trafficked child will have an important bearing on the child’s perception of UK authorities. Many children are not believed when they disclose their experiences, often because their accounts seem too horrific. Discrepancies in accounts can lead to accusations that the child has made up the story in order to improve a potential claim for asylum in the UK. However, it is paramount to document and act on all information given by the child, particularly any disclosure of abuse/exploitation. Guidance for professionals It is for this reason that ECPAT UK has developed training for professionals working with children – to improve awareness of indicators and knowledge of how to safeguard victims. The latest statutory guidance for practitioners on Care of unaccompanied migrant children and child victims of modern slavery states that “[a]ll those involved in the care of unaccompanied children and child victims of modern slavery should be able to recognise and understand the particular issues likely to be faced by these children. This includes recognising the indicators of trafficking, slavery, servitude and forced or compulsory labour as a child’s previous history or current experience of being a victim of modern slavery might not be apparent to begin with.”[3] There is also statutory guidance on children who go missing that is highly relevant for safeguarding child victims of trafficking.[4] At present there is insufficient mandatory training on child trafficking for frontline police officers, social workers, health professionals or education professionals in the UK. Where trafficking is suspected, a Section 47 inquiry should be initiated in order to establish the risk to the child and introduce measures to keep them safe. In practice, once a child has been identified as a possible victim of trafficking, relevant information should be referred to the police immediately because a crime may have taken place. Research shows that this is often not the case and information simply is not shared between agencies, often placing the child at further risk of harm. See Question 7 for further guidance on working with child victims of trafficking. ECPAT UK has an online resources hub for practitioners to view guidance and best practice: https://www.ecpat.org.uk/Pages/Category/guidance. [1] ECPAT UK (2017), Time to transform: Results of a survey of frontline professionals on the National Referral Mechanism for child victims of trafficking and modern slavery. ECPAT UK: London. [2] ECPAT UK (2017), Time to transform: Results of a survey of frontline professionals on the National Referral Mechanism for child victims of trafficking and modern slavery. ECPAT UK: London. [3] Department for Education (2017), Care of unaccompanied migrant children and child victims of modern slavery: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf. [4] Department for Education (2014), Statutory guidance on children who go missing or run away from home or care: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/307867/Statutory_Guidance_-_Missing_from_care__3_.pdf.
What challenges do child victims face once identified? Expand One of the biggest concerns around child trafficking is that children are not identified early enough, or even at all, meaning their exploitation and abuse often goes undetected for years. However, once a child is identified as a suspected victim of trafficking, there are many other challenges that must be overcome. Age assessments Article 10 of the European Convention enshrines the concept of ‘benefit of the doubt’ regarding the age of suspected victims of trafficking. It states that “[w]hen the age of the victim is uncertain and there are reasons to believe that the victim is a child, he or she shall be presumed to be a child and shall be accorded special protection measures pending verification of his/her age.” All of the UK legislation on trafficking and modern slavery references this presumption. Child victims of trafficking encounter various issues relating to their age: some have been in the UK for long periods of time, may not have official identity documents or know their exact age. Some are instructed to say they are adults in order to cross borders more easily and to attract less attention. These children will often adhere to the story given to them by their trafficker. Some children may not understand the importance placed on age as in their country of origin it is not significant and/or not recorded officially. It is important to remember that many of these children, who have been sexually, physically and emotionally abused, may well be suffering from a range of mental health issues, such as post-traumatic stress disorder, and are highly vulnerable. Research claims there is often an over-reliance on physical appearance and credibility as indicators of age. This fails to take into account factors such as variation among cultures and ethnicities. It can also add to the child’s sense of not being believed. According to statutory guidance, for trafficked children, “age assessments should only be carried out where there is reason to doubt that the claimant is a child. Age assessments should not be a routine part of a local authority’s assessment of unaccompanied or trafficked children”.[1] The importance of assessing age accurately and appropriately cannot be underestimated. If a child is assessed to be an adult, the treatment and support they receive will be vastly different. ECPAT UK is aware that many children are trafficked on adult documents so that they pass through the border more easily. In some instances, officials accept the given age on the document, even if they acknowledge the document is false. Missing children Research by ECPAT UK has shown that high numbers of child victims of trafficking go missing from local authority care once identified as victims, or even before they are formally identified as victims.[2] There are no commonly agreed safety and protection standards across the UK for the placement of children who are suspected or known to be victims of trafficking. ECPAT UK’s research also identified a worrying lack of consistency in the way in which local authorities identify and record risk of trafficking and exploitation. These inconsistencies have allowed safeguarding issues to be sidelined and, in some instances, cast aside; leading to further harm to the child. It also means that the number of trafficked and unaccompanied children going missing is probably far higher than the number represented in official figures. Criminalisation of child victims Despite being the victims of crime themselves, many children are unjustly charged and convicted for offences they are forced to commit while being exploited. This is particularly the case for children who are exploited for cannabis cultivation and those exploited in drug trafficking. Other children are prosecuted for document-related offences or for crimes such as theft-related offences, despite being forced into the activities and not benefiting financially from the crimes themselves. At the initial point of contact, children may be seen as criminals, and indicators of trafficking are not recognised and/or acted upon, often with adverse consequences. ECPAT UK’s training programme aims to reduce the number of children who are treated in this way by building the capacity of frontline professionals to identify victims and respond appropriately. The Crown Prosecution Service has issued guidance on the non-prosecution of victims of trafficking in line with European legislation. It states that “[i]f the defendant is a child victim of trafficking/slavery, the extent to which the crime alleged against the child was consequent on and integral to his/her being a victim of trafficking/slavery must be considered. In some cases the criminal offence is a manifestation of the exploitation.”[1] Despite this and provisions in law to counter criminalisation, convictions still take place and young people continue to suffer. Regularising their immigration status Foreign national children who are identified as victims of trafficking often experience significant challenges to regularise their immigration status and remain in the UK as adults. Under the current system, a child from outside the European Union who has had their asylum claim refused may be given what is known as UASC leave. This is limited leave to remain in the UK until the age of 17.5 or 30 months leave (whichever is shorter), if it is not safe to return them to their country of origin. Children have the right to appeal if they should have been recognised as a refugee. However, these appeals may be refused and they may then face removal directions, returning them to countries where they often have few connections and face serious risks on return such as re-trafficking. In the case of EU nationals, there is often confusion about their right to remain in the UK and concerns have been raised about returning these children to situations where there has not been a sufficient assessment of ongoing risk. Children who are victims of modern slavery need long-term support and protection to stay safe and recover from their abuse. Many child victims of trafficking turning 18 will have had to overcome considerable barriers in order to rebuild their lives, reclaim their childhoods, establish an education, gain work and make personal connections here. Young people will face a significant risk of being re-trafficked if they are returned. The current system therefore undermines the ability of the child, or those supporting the child, to properly plan for that child’s protection and recovery. [1] Crown Prosecution Service (2016), Human trafficking, smuggling and slavery. Available at: http://www.cps.gov.uk/legal/h_to_k/human_trafficking_and_smuggling/. [1] Department for Education (2017), Care of unaccompanied migrant children and child victims of modern slavery: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf. [2] ECPAT UK and Missing People (2018), Still in Harm’s Way: An update report on trafficked and unaccompanied children going missing from care in the UK. Available at: https://www.ecpat.org.uk/still-in-harms-way.
How can child trafficking be prevented? Expand Child trafficking must be viewed within the wider contextual factors which make children vulnerable to it, and which enable or benefit traffickers. Primarily, preventing child trafficking requires addressing and responding to the factors that make children vulnerable around the world, including poverty, inequality and conflict. It also requires highlighting government policies that exacerbate vulnerability and prevent children getting the support they need. Many organisations, including ECPAT UK, have anti-trafficking programmes operating across the world, often working in collaboration with smaller organisations, and national and local governments. There have been many awareness-raising programmes across the world, both in countries of origin, transit countries and destination countries for trafficking, particularly among those seen as ‘at risk’. While these help to educate young people and their families about the risks of paying agents for travel or sending children away to work, many people feel they have no option but to take such risks. The Council of Europe Convention on Action against Trafficking places specific responsibilities on states to reduce all children’s vulnerability to trafficking, in recognition of the heightened vulnerability of children to exploitation and abuse. It calls for a ‘protective environment’ for children. In the UK, anti-trafficking efforts have traditionally focused on the investigation and prosecution of traffickers, and on assisting children identified as potential victims of trafficking. There has been a less strategic and coordinated approach to actual prevention methods. Immigration control is seen by some as a way of preventing trafficking, but while border officials can play an important role in identifying trafficking, all victims – adults or children – should not be defined by their immigration status. At the same time, poor safeguarding structures and a lack of safe, legal routes for migration to the UK means many children become more vulnerable to exploitation and trafficking while undertaking dangerous journeys. Once they are in the UK, harsh policies that criminalise irregular migration also increase children's vulnerability to trafficking and prevent them from seeking assistance from authorities. ECPAT UK has called for improved training for police, local authority staff, health practitioners, border officials and all frontline workers who are in contact with children in order to improve identification of risk. Robust and regular training is essential for staff to be able to identify potential indicators, be aware of trends and profiles, know how to respond accordingly and keep a child safe. In addition, there must be robust legislation and policy, as well as proactive police investigations that include cross-border cooperation. Children should never be sent back to their country of origin without proper risk assessments and full assessment of the best interests of the child which includes their views. Children who are identified as suspected victims must be safeguarded and given safe accommodation and support so that, once in local authority care, they do not go missing and become re-trafficked, which is a major risk for those who have already been exploited. Unfortunately, many children return to their trafficking situation because they are in debt bondage or they fear repercussions if they do not. It is the responsibility of those who have a duty to children to ensure they are kept safe and informed, and that the risk of re-trafficking is reduced.
What rights do child victims of trafficking have in the UK? Expand Rights Trafficking constitutes a grave violation of human rights and child victims of trafficking have special rights to protection from the UK Government. Their rights are outlined in national legislation as well as the European and international legal framework. For example, the UK is required to create a ‘protective environment’ and find a ‘durable solution’ for child victims to reduce their vulnerability to trafficking. Other obligations that are specific to children include: Provide for representation of the child by a legal guardian Take the necessary steps to identify the child’s identity and nationality Use ‘benefit of the doubt’ when the age of a child is uncertain and there is reason to believe the victim is a child, by ensuring that the child is presumed to be a child Make every effort to locate his/her family when this is in the best interests of the child Give assistance, support and protective measures to child victims, including specific additional assistance to children who are unaccompanied or separated Ensure privacy and protection Provide appropriate and safe accommodation Facilitate access to medical treatment, interpreter services, counselling, education, legal information, advice and assistance in criminal proceedings Provide residence permits when legally necessary and in the child’s best interests Refrain from returning a child to their country of origin if there is an indication, following a risk and security assessment, that such return would not be in the best interest of the child Ensure that the number of interviews with the child is as limited as possible and that interviews take place without delay and in premises adapted for that purpose Provide access to possible compensation schemes Take necessary measures when a child is involved in criminal proceedings, particularly when giving evidence The child has the right to be heard and have their wishes taken into account Ensure a child is not criminalised in any way or liable for any status-related offence Ensure a child is never placed in a law enforcement detention or immigration detention facility The Convention on the Rights of the Child applies to all children under the jurisdiction or control of a state, which means that non-UK national child victims of trafficking are entitled to the same protection as UK nationals in all matters, regardless of their immigration status. Suspected child victims of trafficking who arrive in the UK unaccompanied will usually be accommodated by the local authority. They should be safeguarded as statutory agencies have a duty to safeguard children in their area under Section 11 of the Children Act (2004). Status Child trafficking from abroad is often associated with unaccompanied children seeking asylum, but evidence demonstrates a more complex picture in reality. An increasing number of children are trafficked from countries within the EU. The vulnerability of these children is often overlooked at point of entry because they are able to pass through immigration checkpoints as EU citizens. Also, children from non-EU states can travel to the UK on a valid visa. It is important to note that trafficked children may arrive in the UK alone or arrive accompanied by others, including their traffickers. Some children will have been directed to claim asylum by their traffickers. Once placed in local authority care, the trafficker will pick up the child or the child will go missing and return to their trafficker. This is usually because the child has been ordered to follow the trafficker’s instructions and is both scared of the repercussions of disobeying the trafficker and wary of the UK authorities. In our experience, most children have no knowledge of the asylum process when they enter the country, and it is only when they come into contact with professionals that they may be advised to do this in order to stay in the UK and be protected from re-trafficking and further harm. Some children remain undetected for many years without coming to the attention of authorities. Protection claims for child victims of trafficking should be made in tandem with the United Nations Convention on the Rights of the Child, Section 55 of the Borders, Citizenship and Immigration Act 2009, the Council of Europe Convention on Action against Trafficking in Human Beings, the EU Directive on preventing and combating trafficking in human beings and protecting its victims, current case law, the Refugee Convention 1951 (and the 1967 Protocol), and the Human Rights Act 1998, if applicable, to provide the most comprehensive arguments. Concern has been raised about negative trafficking decisions (issued by the National Referral Mechanism) being used in asylum appeals of victims of trafficking to discredit children’s claims. ECPAT UK believes such practice is unlawful, and the two processes should not be conflated.
How can I support ECPAT UK’s work against child trafficking? Expand ECPAT UK needs your help! Our supporters make a real difference to the lives of trafficked young people by raising money and awareness to protect children from exploitation. Without the generous support of our supporters, none of our vital work could continue. Make a secure, one off donation or set up a regular gift here You can also send us a donation by cheque or postal order made payable to ECPAT UK. Remember, if you’re a UK taxpayer, you can increase your donation with Gift Aid. This enables us to claim back the tax you pay on your donation, increasing its value to us by 25%, at no extra cost to you. Please don’t forget to tick the Gift Aid declaration when making your donation. For more information, email [email protected]. Don’t miss out on our latest research, campaigns, training courses and opportunities to get involved with our work. Sign up for our monthly email updates by letting us know you'd like to keep in touch.