Harmful Nationality and Borders Act passes - April 29th 2022

The Nationality and Borders Act received Royal Assent this week after a hard-fought battle to increase rights and protections

As set out in our joint letter to government ministers, the Nationality and Borders Act 2022 will significantly impact children’s rights to protection and leave them at risk of dangerous journeys, trafficking and criminalisation.

There has been widespread opposition to the raft measures affecting the UK’s treatment of refugees in the Act which will fail to protect those in need of safety. It also makes extensive changes to the identification, protection and support of victims of trafficking and modern slavery, which are not immigration matters. As such, it is an attack on all those seeking refuge (from abuse, persecution, torture, exploitation or trafficking) and an attack on fundamental, hard-won human rights.

During the bill’s passage through parliament, ECPAT UK has worked with many other organisations to raise concerns about child victims of trafficking and unaccompanied children at risk of exploitation. Amendments to exempt children from the most harmful aspects of the legislation on modern slavery and age assessments and to ensure decision-making is based on children’s best interests had widespread and cross-party support which resulted in one of the very few government concessions. This means that children will not be penalised for missing deadlines on disclosing their trauma and in the new ‘trafficking notices’ that the Act creates.

Children will still be subject to the following new measures:

Section 57 introduces a new procedure for ‘slavery or trafficking information notices’ to be issued to potential victims subject to immigration control. The notices will be issued to seek further information needed to make trafficking determinations in the NRM. Victims must provide this information within a specified timeframe.
Section 59 allows the government to change (in guidance) the legal threshold for the first decisions victims of trafficking and modern slavery receive after being identified as potential victims. The government made their intentions to raise this threshold clear in the New Plan for Immigration.
Section 62 disqualifies from protection those who have served custodial sentences of over a year, as well as those prosecuted for particular offences which can include child victims who are commonly criminalised for offences committed due to their exploitation.
Section 64 creates a duty to grant leave to victims of trafficking but does not recognise the specific standard for trafficked children and makes their leave contingent on unlawful requirements which contravene international law.

The Act will have a devastating impact for all trafficked children, and for migrant children who are at high risk of exploitation. Part 4 of the Act will increase the number of children who have to undergo traumatic age assessments, and increase the number of children wrongfully treated as adults and placed at risk.

Patricia Durr, CEO of ECPAT UK, said: “The Nationality and Borders Act 2022 will deepen the existing child protection crisis for child victims of trafficking and unaccompanied children at risk. It will affect all child victims regardless of their immigration status and will reduce significantly reduce protection that we know is already dangerously lacking.

“Trafficked children are already one of the most at-risk groups in the UK: almost a third went missing from local authority care in 2020. A lack of long-term sustainable solutions for every trafficked child, based on their best interests, continues to be a major factor in trafficked children going missing and suffering further exploitation.

“The government has repeatedly said that it supports decision making based on children’s best interests but continues to resist putting this on the face of primary legislation, whilst at the same time creating laws that have the exact opposite effect. We have raised the flag about this legislation and will continue to stand with child victims as this Act is implemented and to make the case about their rights and protection.”

ECPAT UK and joint briefings (developed with partner organisations) on the Nationality and Borders Bill are available here:

Latest

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VIDEO EVENT - Prevention and identification of children and young adults experiencing, or at risk of, modern slavery in the UK.

Launch event of our latest report, ‘Prevention and identification of children and young adults experiencing, or at risk of, modern slavery in the UK', with ECPAT UK and Rights Lab on 26 February 2024.
ECPAT UK Expresses Deep Concern Over Dismissal of Chief Inspector of Borders and Immigration  Amidst Unpublished Report on Unaccompanied Children in Home Office Hotels

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Prevention and identification of children and young adults experiencing, or at risk of, modern slavery in the UK.

New research report reveals the alarming reality of child modern slavery in the UK and calls for urgent action to protect children and young people.

Joint statement on the treatment of unaccompanied children in response to Chief Inspectorate reports

ECPAT UK has joined 19 other organisations in continuing the call for an independent inquiry into the treatment of unaccompanied children following the publication of outstanding reports including the reinspection of Home Office hotels, by His Majesty's Chief Inspector of Borders and Immigration
New research reveals the alarming reality of child modern slavery in the UK and calls for urgent action to protect children

This new report identified the reality of child modern slavery in the UK and signalled a critical call to action. The research highlights challenges stemming from gaps in resources and policy, especially in the absence of a UK wide Child Exploitation Strategy.
Child victim of trafficking failed by Barnet Council and the Home Office wins High Court case

High Court has found that a child victim of trafficking was failed by the London Borough of Barnet and the Home Office after receiving no specialist support for several years.
Home Affairs Committee speaks out against Home Office treatment of migrant children and calls for increased care for child victims of trafficking in new report.

ECPAT UK has welcomed the report from the Home Affairs Select Committee published today following its inquiry into human trafficking. The report speaks out against Home Office treatment of migrant children and calls for increased care for child victims of trafficking in new report.
Judge rules that the Home Secretary acted irrationally in the case brought by Kent County Council on the operation of the National Transfer Scheme

High Court rules that the Home Secretary acted irrationally in its operation of the National Transfer Scheme in a further judgement about the accommodation of unaccompanied children in Home Office hotels.
ECPAT UK BIG GIVE CHRISTMAS CHALLENGE 2023

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King’s Speech announces new laws to tackle online child exploitation whilst reconfirming the UK government’s desire to remove the rights of child victims

The King’s Speech, which was held on 7th November 2023, announces new laws to tackle online child exploitation whilst reconfirming the UK government’s desire to remove the rights of child victims.
ECPAT UK welcomes the announcement of a new Independent Anti-Slavery Commissioner

Eleanor Lyons, current Deputy to the Children's Commissioner, has been announced as the new Independent Anti-Slavery Commissioner today by the Home Office after 18 month vacancy
High Court orders Home Office to transfer unaccompanied children from hotels into care

At a further High Court hearing on 15th September Mr Justice Chamberlain ordered the Home Office to take all possible steps to transfer all unaccompanied children seeking asylum currently in Home Office hotels to local authority care by 22 September 2023.
High Court retains oversight of the treatment of unaccompanied children

At a further High Court hearing on 17th August Mr Justice Chamberlain ordered continued oversight of the treatment of unaccompanied children by the Home Secretary and Kent County Council, marking the unlawful conduct of the local authority by a specific declaration and setting out further conditions and evidence for the defendants to comply with and a further court hearing.

Child trafficking statistics

The latest data on the number of victims of trafficking in the UK and worldwide.
National Referral Mechanism

The National Referral Mechanism is a process set up by the Government to identify and support victims of trafficking in the UK. It was born out of the Government's obligation to identify victims under the Council of Europe Convention on Action against Human Trafficking, which came into force on 1 February 2008.
What is child trafficking?
The Secret Gardeners: New film on child trafficking from Vietnam

The Secret Gardeners aims to inform professionals about the plight of children who are forced by organised crime gangs to grow drugs in houses across the UK but who often face criminalisation and prison.
Volunteer

ECPAT UK relies on committed volunteers to support the work that we do. Without their help, we would not be able to campaign as effectively against child exploitation.
Our team

ECPAT UK's team has more than 30 years' experience working on issues of child trafficking, child protection, child sexual exploitation, unaccompanied children, modern slavery and more.
United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. The UK signed the Convention on 19 April 1990, ratified it on 16 December 1991 and it came into force on 15 January 1992.
About us

ECPAT UK is a leading children's rights organisation working to protect children from child trafficking and transnational child exploitation. We support children everywhere to uphold their rights and to live a life free from abuse and exploitation.
Urgent action needed: Independent guardianship for all trafficked, unaccompanied and separated children

Last October, an incredible 120,535 supporters called for specialist support for all trafficked children. However, the fight is not finished. Make sure your voice is heard by contacting the Home Secretary asking him to provide guardianship for all trafficked, separated and unaccompanied children
Demand specialist support for trafficked children

In 2018 we worked with Care2 to call on the Home Secretary, Sajid Javid MP, to overhaul the current system of identification and support for victims of trafficking – the National Referral Mechanism (NRM).