Thematic Study on child trafficking [United Kingdom]

FRA
Thematic Study on Child Trafficking

[United Kingdom]

David Harris
Ralph Sandland
Margaret Akullo

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 Thematic Study on child trafficking [United Kingdom]

Contents
EXECUTIVE SUMMARY............................................................... 5
A. General anti-child trafficking framework.......................................................14
A.1. Ratification of international legal instruments [15].....................14
A.2. Legal provisions criminalising child trafficking [16]. .................15
A.2.1. Legal provisions criminalising child trafficking in line with
definitions of international standards..................................15
A.2.2. Legal provisions criminalising international trafficking for
reasons relating to the commission of sexual offences [16].
............................................................................................15
A.2.3. Legal provisions criminalising international trafficking for
reasons other than relating to the commission of sexual
offences...............................................................................18
A.3. Legal provisions criminalising all forms of trafficking within the
UK [17]. 19
A.4. Legal provisions and/or case law establishing direct applicability
of international standards on child trafficking [18]. ....................20
A.5. Legal provisions establishing the principle of best interests of the
child [19]. ....................................................................................20
A.5.1. Duties to protect the best interest of the child.....................21
A.5.2. The duty to provide services to safeguard and promote the
welfare of children in need. ................................................22
A.5.3. The duty to investigate suspected cases of abuse................22
A.5.4. The duty to provide accommodation for children in need. .24
A.6. The UK Action Plan on Tackling Human Trafficking [20].........25
A.7. Impact Assessment of the UK Action Plan on Tackling Human
Trafficking [21]. ..........................................................................26
A.8. Existence of data collection mechanisms [22].............................29
A.9. Designated Budget of relevant ministries for anti-trafficking
measures [23]. .............................................................................30
A.10. Designated budget to support research in child trafficking [24]..31
A.11. Existence of Monitoring mechanisms such as National
Rapporteurs [25]..........................................................................32
A.12. Existence of National Referral Mechanisms [26]........................32
A.13. Training strategy [27]. .................................................................33
A.14. Policy of non-criminalisation of child victims of trafficking [28].
34

B. Prevention of child trafficking..........................................................................36

B.1. Evidence of Awareness raising campaigns [29]. .........................36
B.2. Evidence of direct participation of children and relevant NGOs in
awareness raising [30]. ................................................................39
B.3. Evidence of direct participation of local communities and
minority groups [31]....................................................................39
B.4. Policies to prevent that children in a vulnerable position become
victims of trafficking [32]............................................................40

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C. Appointment of legal guardian.........................................................................41

C.1. Appointment of a Legal Guardian [33]. ......................................41
C.2. Age limit for qualifying for legal representation [34]. ................43
C.3. Age Assessment Policies [35]. ....................................................44
C.4. Specialised training of legal guardians and the provision of
adequate time for the preparation of cases [36], [37]. .................48

D. Coordination and cooperation..........................................................................49

D.1. Existence of a formalised Task Force on child trafficking [38]. .49
D.2. Existence of cooperation agreements concerning child trafficking
between relevant Ministries [39]. ................................................50
D.3. Existence of cooperation agreements between state agencies and
non-governmental actors [40]......................................................50
D.4. Guidelines aimed at protecting personal data of trafficked children
[41]. 51
D.5. Existence of cooperation agreements with countries of origin
outside the EU [42]......................................................................52
D.6. Support programmes in countries of origin or within the EU [43].
52

E. Care and protection...........................................................................................54

E.1. Legal Provisions ensuring respect for a reflection period of
minimum 30 days [44].................................................................54
E.2. Legal Provisions ensuring a right/entitlement to residence to
trafficking victims, irrespective of cooperation with
police/prosecutor [45]..................................................................54
E.2.1.1. Residence Permits for Trafficking Victims...............55
E.2.1.2. Asylum, humanitarian protection and discretionary
leave to remain. .........................................................55
E.3. Number of children granted temporary stay on grounds of
trafficking (2000-2007) [46]........................................................58
E.4. Legal Framework concerning administrative detention/detention
pending deportation for children [47]..........................................59
E.4.1.1. Detention under Immigration Law. ...........................59
E.4.1.2. Detention by local social service authorities. ............62
E.4.1.3. Detention in Secure Accommodation........................63
E.5. Special safeguards for children who are detained [48]................67
E.6. Family tracing [49]. .....................................................................67
E.7. Existence of specialised shelters [50]. .........................................68
E.8. Statistics of children who leave shelters [51]. .............................68
E.9. Legal provisions ensuring access to health care services [52].....70
E.10. Legal provisions ensuring access to education and vocational
training [53]. ................................................................................73
E.11. Legal provisions ensuring access to legal assistance [54]. ..........75
E.12. Special needs of children coming from different ethnic
backgrounds and of children with disabilities [55]......................77
E.13. Existence of EU 116 000 hotline [56]. ........................................78
E.14. Existence of similar hotlines in the UK [57]. ..............................78

F. Best interests determination and durable solutions, including social

inclusion/return..................................................................................................81
F.1. Best Interest Determination [58]. ................................................81

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F.2. Availability of Asylum/subsidiary protection for child victims of

trafficking [59].............................................................................81
F.3. Evidence of respect for participation of the child in decision-
making [60]. ................................................................................82
F.4. Access to integration programmes including access to full health
care, education and vocational training [61]................................82
F.5. Establishment of specialised integration programmes for
trafficked children [62]................................................................83
F.6. Special needs of children coming from ethnic backgrounds and of
children with disabilities [63]. .....................................................83

G. Prosecution.........................................................................................................84
G.1. Legal Provisions offering child-sensitive procedures in front of
police, prosecutors and courts [64]..............................................84
G.2. Number of convictions for child trafficking offences [65]. .........96
G.3. Legal Provisions granting access to justice for trafficked children
[66]. 96
G.4. Amounts of compensation paid to trafficked children [67]. ......100

H. Miscellaneous ...................................................................................................100
H.1. Current issues in the debate relating to child trafficking [68]....100
H.2. Additional Information [69]. .....................................................101

I. Good Practice [70]. ..........................................................................................103

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Executive Summary
General anti-child trafficking framework
[1]. The United Kingdom (UK) has ratified the ILO Convention Nr. 182 on the
Worst Forms of Child Labour in 2000 and the UN Convention against
Transnational Organised Crime/ Palermo Protocol in 2006 and intends to ratify
the Council of Europe (CoE) Convention on Action against Trafficking in
Human Beings by the end of 2008.

[2]. The Sexual Offences Act 2003 introduced measures, in England, Wales and
Northern Ireland, to criminalise trafficking of both children and adults, where
that trafficking is related to the commission of sexual offences. In Scotland,
offences prohibiting human trafficking, including child trafficking, were
introduced by the Criminal Justice (Scotland) Act 2003 and the Protection of
Children and Prevention of Sexual Offences (Scotland) Act 2005.

[3]. International trafficking for reasons not related to the commission of sexual
offences is criminalised by the Asylum and Immigration (Treatment of
Claimants, etc) Act 2004, which applies in all parts of the UK. Section 4 of the
Act creates three offences: trafficking a person (adult or child) into the UK,
within the UK, and out of the UK respectively. In each case, the offence is
committed by a person (A) who ‘arranges or facilitates’ the trafficking of a
person (B) intending to exploit that person or believing that a third person (C) is
likely to exploit B.

[4]. Legal provisions establishing the principle of the best interest of the child. The
principle of the best interest of the child, which is described as ‘the welfare
principle’ in UK law, is well established. Law and policy regarding the needs,
welfare and interests of trafficked children are incorporated within an integrated
framework which applies to all children. There are various legal duties to
safeguard and promote the welfare of the child, including in the context of
trafficked children the duty to provide services and accommodation to children
in need and the duty to investigate suspected cases of abuse.

[5]. The UK Action Plan on Tackling Human Trafficking was published by the
Home Office and the Scottish Executive in March 2007, and an updated version
in July 2008. Its main objectives are: (i) to underscore that the central focus of
UK policy is on the needs of victims, (ii) to ensure that there is an ‘end to end’
strategy in place, in which the various agencies and areas of policy – prevention
and law enforcement, immigration, and support for victims – function in an
holistic and ‘joined up’ way and (iii) to broaden and deepen the scope of anti-

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trafficking policy and practice. The Action Plan contains a chapter dedicated to
the safeguarding and protection of child victims of trafficking.

[6]. The July 2008 Update to the UK Action Plan provides up to date information on
progress in the key areas of prevention, enforcement and prosecution and the
protection and support of adult and child victims of trafficking, and proposes a
number of new actions. A major change is the Equality impact assessment
which assesses impact on preventative and investigative methods and support
provided to adult and child victims. Moreover, the Update envisages the
development of a National Referral Mechanism to help co-ordinate the
identification and referral of victims into support.

[7]. The UK Human Trafficking Centre (UKHTC), which has been established
under the UK Action Plan, works together with other agencies to address the
trafficking of human beings. Part of its work involves designing data collection
mechanisms, gathering information and being the central data collection point
for the UK. The timetable for agencies such as the Home Office, the Serious
and Organised Crime Agency (SOCA) and the Scottish Crime Drug
Enforcement Agency (SCDA) to regularly provide data on trafficking will
commence from 1 October 2008. Funding for UKHTC as well as for anti-
trafficking initiatives and research have increased in the last years.

[8]. Training and awareness-raising of professionals on human trafficking is a key

element of the UK Action Plan. It outlines the need for further training and
gives an overview of training programmes already undertaken or still ongoing,
such as the Keeping Children Safe programme for UK Border Agency staff,
training courses by UKHTC delivered to senior investigation officers from the
police, as well as specialised training provided by NGOs for practitioners and
professionals in different government agencies.

Prevention of child trafficking

[9]. The UK is running several nationwide and regional campaigns to raise
awareness of human trafficking amongst the general public, through posters,
press, radio and audio-visual media, as well as online toolkits. Moreover, the
Home Office is currently conducting a cross government review of its strategy
on prostitution which is specifically focussing on the demand for purchasing
sexual services in the UK, and is discussing new guidance for its staff on
safeguarding children from sexual exploitation.

[10]. Between 2006-2007 the Home Office operated a Community Partnership

programme which aimed, inter alia, to improve mechanisms for safeguarding
children and promoting good practice between statutory bodies, local minority
ethnic communities and faith groups. Examples of direct participation of local
communities in this programme include working with supplementary schools
run by the Bangladeshi, Somali, Roma, Kosovan, Ethiopian and Southern

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Sudan communities to provide training on child abuse, including child

trafficking and exploitation. The Home Office also funded a series of
Community focus meetings among the African Community on the trafficking of
children into the UK.

Appointment of legal guardian

[11]. The current policy of the UK Government is that the establishment of a formal
scheme for the automatic appointment of a guardian when a child is identified
as a trafficking victim is not required; nor in its view is it necessary in any case
that such a scheme be established, whether or not the unaccompanied child has
been identified as a trafficking victim, because all unaccompanied children
seeking asylum in the UK come within the provenance of child services
authorities and Local Safeguarding Children Boards (LSCB) or Child Protection
Committees (CPC) (in Scotland), exercising the duties to safeguard and
promote the welfare of children in their area. In addition, there are a number of
other forms of assistance available to child victims of trafficking, e.g. the
Refugee Council Children’s Panel, legal advice and representation, the
appointment of a Court Official to safeguard the welfare of the child and the
appointment of a Guardian with parental powers for private law hearings.
However, as the UK Government intends to ratify the CoE Convention by the
end of 2008, there will be a need for domestic law to comply with Article 10(4)
of the Convention which requires the appointment of a legal guardian.

[12]. The age of a trafficking victim is a vital question, in terms of immigration

status, entitlement to services, and the manner in which those services will be
provided. There is at present no statutory provision that deals with issues around
age assessment, and both the UK Border Agency (UKBA) and local authority
social services departments have procedures for age determination. UKBA
guidance provides that an applicant will be given the benefit of the doubt when
there is uncertainty about that person’s age, but it will dispute his or her claimed
age where ‘physical appearance and/or general demeanour very strongly
suggests that they are aged 18 or over’, and will treat as an adult any claimant
whose physical appearance and general demeanour suggest is significantly over
18 years of age. If the social services authority undertakes an assessment of age,
there is case law which provides some guidance and lays down some minimum
standards for age assessment by a social worker, which includes that an assessor
should elicit and examine the history and background of the applicant, including
family circumstances and history, with appropriate recognition of any cultural
or ethnic factors, and any relevant prior statements of age made by the
applicant, as well as his or her physical appearance and behaviour; although a
decision should not rest solely on physical appearance, except in an ‘obvious
case’.

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Coordination and cooperation

[13]. The main formalised task force on trafficking in human beings is the UK
Human Trafficking Centre (UKHTC), the multi agency body tasked with
developing expertise and co-ordinating operational activity with agencies in the
UK and abroad. UKHTC is working closely with the Child Exploitation and
Online Protection (CEOP) Centre who are responsible for building a strategic
and national picture on child trafficking in the UK. Moreover, since 2005, a
cross-government ministerial arrangement, through the Inter-Departmental
Ministerial Group (IDMG) on Human Trafficking, has been monitoring
progress made in tackling child trafficking. The IDMG is considered the most
suitable body to monitor trafficking in the UK as it holds responsibility for
implementing Government policy on human trafficking, including monitoring
the implementation of the CoE Convention and the UK Action Plan.

[14]. Nothing in the UK Data Protection Act refers specifically to personal data of the
trafficked child, however there is cross-government guidance in the form of the
‘Information sharing: Practitioners’ guide. Integrated working to improve
outcomes for children and young people’ which includes information on how to
exchange information legally and professionally with respect to children and
young people.

[15]. The UK recognises the importance of international co-operation in preventing

human trafficking and has played an active role in the G6 initiative to assist in
enhancing international cooperation, to increase knowledge of human
trafficking, to develop victim care capabilities and to increase the specialist
capability of participating states. The UKBA runs a programme, Organised
Immigration Crime: Source and Transit Countries (Nexus Points), which
involves developing knowledge on trafficking from key source and transit
countries that impact the UK. Based in 40 different countries are 140 Liaison
Officers who work, inter alia, on human trafficking. According to the Update to
the UK Action Plan, the Home Office and other agencies will engage in further
capacity building activities in source and transit countries relating to organised
immigration crime, including human trafficking.

Care and protection

[16]. There is no statutory regime which governs the entitlement to remain in the UK
of trafficking victims as such, nor is there currently any automatic legal right to
remain in the UK. However, it has recently been announced that, by April 2009,
the UK intends to implement measures allowing for the grant of a temporary
residence permit to trafficking victims, whether adults or children, with a
duration of one year in the first instance with the possibility of renewal.

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[17]. Children who have been trafficked into the UK from outside the EU may apply
for asylum, which is granted in accordance with the provisions of the Geneva
Convention of 1951, and are then considered within the regime for
unaccompanied asylum-seeking children (UASC). If a child trafficking victim
seeking asylum does not fall within the Geneva Convention definition of a
refugee, he or she may be eligible for humanitarian protection or for
Discretionary Leave (DL) to remain in the UK.

[18]. Detention. There is no explicit prohibition of the administrative detention or

detention pending deportation of a child trafficking victim in the UK, however
it is the policy of the UK that the detention of a child, whether or not a victim of
trafficking, should only occur as a last resort. Detention of trafficked children
may be used by (i) immigration authorities, under the powers of the
Immigration Act 1971, in order to prevent unauthorised entry into the UK or to
facilitate removal or deportation from the UK for a maximum of 28 days; or (ii)
local social service authorities as a measure to prevent the child from
absconding. In the latter case, authorities may make use of Emergency
Protection Orders (EPOs, known as Child Protection Orders in Scotland) and
Child Assessment Orders, which authorise the restriction of a child’s liberty for
one week. If a child is suffering or likely to suffer significant harm, local
authorities can apply for ‘care orders’ which give them parental responsibility
for the child. In cases where the child ‘is likely to injure himself or other
persons’ or has a history of absconding, he or she might, as a last resort, be
placed in ‘secure accommodation’, that is accommodation provided for the
purpose of restricting the liberty of children, but only for a strictly limited
period of time.

[19]. Family tracing. The UK Government recognises that the best interest of the
children should be taken into consideration when deciding to return children to
their country of origin. This includes providing for their safe resettlement and
repatriation. Therefore, the UKBA only returns a child if they are completely
satisfied that adequate reception arrangements are in place. Family tracing is
undertaken by the UKBA, with the help of British Embassies or High
Commissions and charitable organisations such as the British Red Cross, or by
local authorities who are looking after a child.

[20]. Access to services – healthcare. The UK National Health Service provides free
health care to the people ordinarily resident in the UK jurisdiction. Therefore, a
trafficked child is eligible to access the full range of medical services on the
basis of need, if it is a citizen of the UK or if it has been granted asylum,
humanitarian protection or discretionary leave to remain in the UK, as well
temporary leave to remain in the UK under the terms of the Immigration Act
1971 pending the outcome of an application. There has been some controversy
on whether a person whose asylum claims had been rejected, but who has
temporary leave in the UK pending the making of removal directions, would
have access to free healthcare. According to new guidance on the issue, a
person who has been lawfully in the UK for more than 12 months is entitled to

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free healthcare, whatever his or her immigration status. In other cases, it will be
a question of fact, to be determined by the service provider before offering
treatment, whether or not a person in the above situation is to be deemed to be
‘ordinarily resident’ in the UK.

[21]. As to access of trafficked children to education, there are no specific legal

provisions; instead the general law applies as it does to all children. Every child
of compulsory school age in the UK should attend school or otherwise have
appropriate provision made for his or her education.

[22]. Although there are no specific legal provisions ensuring access to legal
assistance for trafficked children solely by reason of them being trafficked
children, a child seeking asylum is entitled to legal assistance in connection
with his or her claim, in the form of (i) advice and assistance on immigration,
nationality, asylum, deportation and terms of entry to stay in the UK (Legal
Help); (ii) preparation and advocacy for proceedings before the Asylum and
Immigration Tribunal (AIT) (Controlled Legal Representation); (iii) full
representation for judicial review and onward appeals (under different
arrangements). The provision of information about and help with access to legal
assistance for trafficked children is integrated into the obligations placed on all
agencies and professionals working with children and falls in particular within
the remit of the Children’s Panel of the Refugee Council.

[23]. Hotlines. The EU 116000 hotline for victims of trafficking will be fully
operational in the UK by September 2008. There are however a number of other
free phone-in services, which provide help for trafficking victims.

Best interests determination and durable

solutions, including social inclusion/return
[24]. The principle of best interest of the child is outlined in the UK Government’s
Every Child Matters: Change for Children agenda which, based on the
Children’s Act 2004, sets out the national framework for programmes to build
services around the needs of children and young people. Based on the five
outcomes of ‘(1) Be healthy, (2) Stay safe, (3) Enjoy and achieve, (4) Make a
positive contribution and (5) Achieve economic well-being’ the Every Child
Matters agenda places responsibilities on all practitioners to carry out a
thorough assessment of the child, and outlines information to statutory,
voluntary and community agencies relating to improved access for children to
health care and education.

[25]. The provision of care and support, including appropriate placements for
unaccompanied asylum seeking children is ensured the National Register of
Unaccompanied Children (NRUC) which contains on all unaccompanied

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asylum seeking children, missing and separated children supported by local

authorities.

[26]. There are legal provisions in all UK jurisdictions requiring that a child
participates in, and is consulted on, decisions made by local authorities
regarding that child; and obliging courts to listen to children and in certain
circumstances appoint a court official and a lawyer to represent the child in the
proceedings in question. Moreover, guidance issued to immigration officers, for
example on the conduction of screening and other interviews with children who
may have been trafficked, similarly requires that interview are a dialogue rather
than an inquisition, with the views of the child being taken into account.

Prosecution
[27]. Child sensitive procedures. There are legal provisions which are designed to
protect vulnerable and/or intimidated witnesses in police stations, prosecutors’
offices, and courts, and there are particular measures in place for child victims
of sexual or violent or certain other crimes. All of these provisions are relevant
to the protection available to victims of child trafficking.

[28]. While there are no specific legal provisions guaranteeing child trafficking
victims that child-sensitive procedures will be used by police officers, there is
specific guidance issued to police and prosecutors in all parts of the UK in
relation to the identification and subsequent treatment of ‘vulnerable witnesses’,
which includes all child witnesses under the age of 17.

[29]. Guidance requires that in every police force there is a named dedicated officer
who is the single point of contact for outside agencies in relation to any issue
relating to child trafficking. In Scotland, a police officer has a legal duty to refer
any case in which compulsory measure of protection might be required to the
Principal Reporter.

[30]. Guidance for prosecutors dealing with cases involving children as victims
and/or witnesses of crime emphasises the need to treat child victims and
witnesses of crime with sensitivity, and refers prosecutors to the ‘special
measures’ regime under the Youth Justice and Criminal Evidence Act 1999
which includes screening the witness from the accused in court; the giving of
evidence by live video link, in private or in chief by recorded video; the
removal by legal personnel of wigs and gowns; and the cross-examination or re-
examination of that witness by recorded video.

[31]. Scotland has established a slightly different framework from that which
operates in the rest of the UK, creating only one category of witness eligible for
protection. Pursuant to the Criminal Procedure Scotland Act 1995 a ‘vulnerable
witness’ is defined as either a child under the age of 16, or as a person in respect

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of whom there is a ‘significant risk’ that the quality of his or her evidence will
be diminished by reason of mental disorder.

[32]. With respect to witness protection, the Serious Organised Crime and Police Act
2005 provides the statutory basis for providing protection to witnesses before,
during, and subsequent to criminal investigations and prosecutions in the UK.
Section 82 of this Act gives a power to the chief officer of any police force in
the UK as the ‘protection provider’ to ‘make such arrangements as he considers
appropriate’ for the purposes of protecting a person.

[33]. On the basis of the decision of the High Court in R(A) v Health Secretary and
West Middlesex University Hospital NHS Trust, it would seem that any child
trafficking victim who is in the UK, whether having been granted asylum,
humanitarian protection or DL to remain in the UK, will qualify for witness
protection, provided that he or she has spent ‘a significant period’ of time in the
UK.

[34]. Right to compensation. There are no legal provisions which provide access to
justice specifically for trafficked children, however there are a number of legal
mechanisms by which compensation may be provided for them: (i)
compensation as a victim of a violent crime through the Criminal Injuries
Compensation Authority (CICA), which is funded through the Ministry of
Justice and pays compensation according to a tariff; (ii) a compensation order
made by a court on conviction for a criminal offence, with the amount payable
being at the discretion of the Court; or (iii) compensation through civil action as
the trafficking of children usually involves the commission of various torts
(civil wrongs) for which the child may sue the trafficker in court.

Miscellaneous
[35]. The issue of human trafficking, in particular child trafficking, is receiving
increasing attention by Parliament/the UK Government. Recent Parliamentary
debates focused on the problem of trafficked children missing from local
authority care, the lack of comprehensive statistical information on trafficking,
as well as on budgetary considerations.

[36]. The UK courts have taken a robust attitude towards the sentencing of persons
convicted of child trafficking offences. Sentences for trafficking offences range
from 5 years imprisonment for the trafficking of one individual for
prostitution/sexual purposes, to 23 years imprisonment for trafficking several
women, including girls for purposes of prostitution. Recently, an award of
£62,000 from the Criminal Injuries Compensation Authority (CICA) was made
to a Romanian national who was forced into prostitution.

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Good practice
[37]. There are a number of mechanisms in place to provide assistance and support to
victims of trafficking and to raise awareness on the issue. These include a
national register for unaccompanied children, a helpline for trafficking victims
and professionals, online training tool kits, as well as specialised groups dealing
with research on trafficking and the provision of care for its victims.

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A. General anti-child trafficking

framework
A.1. Ratification of international legal
instruments [15]1.
[38]. The United Kingdom (UK) has ratified the following international legal
instruments:

• ILO Convention Nr. 182 on the Worst Forms of Child Labour (1999).
Ratified 22.03.2000.
• UN Convention against Transnational Organised Crime/Palermo Protocol to
Prevent, Suppress and Punish Trafficking in Persons (2000). Ratified
06.02.2006.
[39]. The UK has signed but has not to date ratified the following international legal
instruments:

• Optional Protocol to the UN Convention on the Rights of the Child on the

Sale of Children, Child Prostitution and Child Pornography (2000). Signed
07.09.2000.2
• Council of Europe (CoE) Convention on Action against Trafficking in
Human Beings (2005). Signed 23.03.07.3 However the UK has stated its
intention to ratify this Convention by the end of 2008.
• CoE Convention on the Protection of Children against Sexual Exploitation
and Sexual Abuse (2007). Signed 05.05.08.4

1
The number in brackets refers to the paragraph numbers of the guidelines for this report.
2
The Government has recently carried out an assessment to determine whether the UK is
compliant with the provisions of the Optional Protocol, and is currently reviewing this
assessment. Following this review, it is hoped that the ratification process can begin.
Information provided by Sergio Moreno (Policy Advisor, Ministry of Justice) on 28.07.2008.
3
The UK has stated its intention to ratify this Convention by the end of 2008. See Home Office
Press Release (2008) Home Secretary Moves to Ratify the Council of Europe Convention
Against Trafficking in 2008, 14 January 2008, available at
http://press.homeoffice.gov.uk/press-releases/Trafficking (30.07.2008)
4
The UK government considers itself compliant with most of the Convention’s obligations and
aims to ratify the Convention soon. Information provided by Sergio Moreno (Policy Advisor,
Ministry of Justice) on 28.07.2008.

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A.2. Legal provisions criminalising child

trafficking [16].

A.2.1. Legal provisions criminalising child trafficking in

line with definitions of international standards.
[40]. The criminal law of the UK with respect to child trafficking is compatible with
the requirements of international law, and in particular with the requirements of
Council Framework Decision 2002/629/JHA of 19 July 2002 on combating
trafficking in human beings.5 There are specific offences relating to trafficking
which are discussed below. In addition, prosecutions for other offences, such as
kidnapping, may be brought against a person alleged to have trafficked a child
or children, as well as for offences under Section 25 of the Immigration Act
1971,6 which prohibits actions which facilitate a breach of immigration law (i.e.
the unlawful entry of a child who is not a citizen of the European Union into the
UK).

A.2.2. Legal provisions criminalising international

trafficking for reasons relating to the commission of
sexual offences [16].
[41]. The Sexual Offences Act 2003,7 which applies for these purposes in England,
Wales and Northern Ireland,8 introduced, in sections 57-60, measures to
criminalise trafficking of both children and adults, where that trafficking is
related to the commission of sexual offences. An offence is committed under
UK law wherever in the world the prohibited acts are committed and whether or
not by a UK citizen.9

[42]. Section 57 of the Sexual Offences Act 2003 is concerned with the trafficking of
persons into the UK, whether as a final destination or in transit to another
country. It is a criminal offence, punishable by a maximum of 14 years in
prison,10 for a person (A) intentionally to ‘arrange or facilitate’ the arrival of

5
Official Journal L 203 of 01.08.2002, available at
http://europa.eu/scadplus/leg/en/lvb/l33137.htm (02.07.2008).
6
UK/ Immigration Act 1971 c.77 (28.10.1971), available at:
http://www.statutelaw.gov.uk/LegResults.aspx?LegType=All+Primary&PageNumber=57&N
avFrom=2&activeTextDocId=1578007 (11.07.2008).
7
UK/ Sexual Offences Act 2003 c.42 (20.11.2003), available at
www.opsi.gov.uk/Acts/acts2003/ukpga_20030042_en_1 (02.07.2008).
8
UK/ Sexual Offences Act 2003 c.42 (20.11.2003), s142(2).
9
UK/ Sexual Offences Act 2003 c.42 (20.11.2003), s60(2).
10
UK/ Sexual Offences Act 2003 c.42 (20.11.2003), s57(2).

15
 Thematic Study on child trafficking [United Kingdom]

another person (B) in the UK if A intends to do anything in respect of B after

his or her arrival in the UK (or subsequently if B subsequently leaves the UK,
after B’s arrival in a third country), which is defined by section 60 of the 2003
Act as a ‘relevant offence’. A also commits an offence under section 57 if he or
she believes that a third person (C) will commit a ‘relevant offence’, whether in
the UK or elsewhere.

[43]. Section 60 says that a ‘relevant offence’ is any offence to be found in Part One
of the 2003 Act, and other listed offences. Part One of the 2003 Act contains a
large number of sexual offences. Although some of these are generally
applicable offences, such as rape and sexual assault, the 2003 Act also contains
many offences designed to protect vulnerable citizens, such as those with a
mental disorder and, in particular for present purposes, children. Thus, relevant
offences include:

• Rape, assault by penetration, sexual assault of, and the incitement to sexual
activity by, a child under 13 (ss. 5-8);
• Sexual activity with a child or in the presence of a child, or inciting a child to
engage in or to observe sexual activity (ss. 9-12);
• Arranging or facilitating any of the offences listed above (s.14);
• Meeting with a child following sexual grooming (s.15);
There are separate offences when the prohibited acts listed above are engaged in
by a person in breach of trust (ss. 16-22) and when the child in question is a
member of the family of the offender (ss.25-29).11
[44]. Section 60 also refers to the offences under section 1(1)(a) of the Protection of
Children Act 1978, the offences listed in Schedule 1 to the Criminal Justice
(Children) (Northern Ireland) Order 1998 (S.I. 1998/1504), and those listed
under Article 3(1)(a) of the Protection of Children (Northern Ireland) Order
1978 (S.I. 1978/1047). These are offences concerned with the making or
possession of indecent images of children.

[45]. Section 59 of the 2003 Act is concerned with trafficking children out of the UK.
Here the offence is committed if a person (A) intentionally arranges or
facilitates the departure from the UK of a person (B), and A either intends to
commit a relevant offence in relation to B elsewhere in the world or believes
that a third person (C) will commit such an offence. The ‘relevant offences’ for
this purpose are the same as those discussed above in relation to the offence
under section 57, and again the maximum punishment is 14 years
imprisonment.12

11
No offence is committed if the parties to the act are lawfully married (section 28) or if the acts
in question pre-dated the formation of family relationship (see section 29).
12
UK/ Sexual Offences Act 2003 c.42 (20.11.2003), s59(2).

16
 Thematic Study on child trafficking [United Kingdom]

[46]. When a person has been arrested in connection with an offence under sections
57 or 59, a police constable or senior immigration officer may detain any land
vehicle, ship or aircraft, until such time as a decision is taken not to charge that
person, or he or she is acquitted by a court, or, following conviction, an order is
made that the vehicle, ship or aircraft be forfeited to the state.13

[47]. Following a conviction on indictment (that is, before a Crown Court) of an

offence under section 57 or section 59 the court may make an order that the
convicted person forfeit a land vehicle, ship or aircraft that was used or was
intended to be used for the commission of the offence, provided that the owner
of the vehicle, ship or aircraft knew or ought to have known of the intention to
use it in connection with trafficking offences.14

[48]. In Scotland, offences prohibiting human trafficking, including child trafficking,

were introduced by Section 22 of the Criminal Justice (Scotland) Act 200315
and Sections 10 to 12 of the Protection of Children and Prevention of Sexual
Offences (Scotland) Act 2005.16 The offence in section 22 of the 2003 Act is the
arrangement or facilitation by a person, A, of the arrival of another person, B,
into the UK, or the travel of B within the UK, or the departure from the UK of
B, in circumstances in which A ‘intends to exercise control over prostitution by
[B] or to involve [B] in the making or production of obscene or indecent
material’. The offence is also committed if A believes that another person, C, is
likely to exercise such control or to so involve B.

[49]. An offence is committed under section 22 of the 2003 Act wherever it is

committed if the offender is a British citizen, which is widely defined,17 or is a
body incorporated under the law of any part of the UK.18 The maximum penalty
on conviction is 14 years imprisonment.19

[50]. Section 10 of the 2005 Act makes it an offence for a person, A, to cause or
incite another, B, to provide sexual services or to be involved in pornography if
B is aged under 18 years of age and A does not reasonably believe that B is
older than 18, or if B is under 13 years of age.

[51]. Section 11 of the 2005 Act creates an offence of intentionally controlling the
activities of such a person relating to the provision of sexual services or the
13
UK/ Sexual Offences Act 2003 c.42 (20.11.2003), s60B.
14
UK/ Sexual Offences Act 2003 c.42 (20.11.2003), s60A.
15
UK/Criminal Justice (Scotland) Act 2003 asp7 (26.03.2003), available at:
http://www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030007_en_1 (02.07.2008)
16
UK/ Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 asp9
(12.07.2005), available at:
http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050009_en_1 (02.07.2008).
17
The Act applies to a British citizen, a British overseas territory citizen, a British National
(Overseas), a British Overseas, a British subject under the British Nationality Act 1981 and a
British protected person under the 1981 Act: ss. 22(4) and 22(6) Criminal Justice (Scotland)
Act 2003.
18
UK/ Criminal Justice (Scotland) Act 2003 asp7 (26.03.2003), s.22(4)(b)(ii).
19
UK/ Criminal Justice (Scotland) Act 2003 asp7 (26.03.2003), s.22(3)(a).

17
 Thematic Study on child trafficking [United Kingdom]

involvement in pornography; and section 12 creates a further offence of

intentionally arranging or facilitating the provision of sexual services or the
involvement in pornography of such a person. In each case, the offence is
committed wherever in the world the provision of sexual services or the
involvement in pornography occurs.20 The maximum penalty under any of these
sections is 14 years imprisonment.21

A.2.3. Legal provisions criminalising international

trafficking for reasons other than relating to the
commission of sexual offences.
[52]. International trafficking for reasons not related to the commission of sexual
offences is criminalised by Section 4 of the Asylum and Immigration (Treatment
of Claimants, etc) Act 2004,22 which applies in all parts of the UK.23 Section 4
creates three offences; trafficking a person (adult or child) into the UK, within
the UK, and out of the UK respectively. In each case, the offence is committed
by a person (A) who ‘arranges or facilitates’ the trafficking of a person (B)
intending to exploit that person or believing that a third person (C) is likely to
exploit B.

[53]. All three of the offences contained in section 4 apply to anything done in the
UK, and to any act of a body incorporated under the law of any part of the UK
inside or outside the UK, and to anything done by a British citizen or any other
person inside or outside the UK.24 The maximum penalty for any of these
offences is 14 years imprisonment.25

[54]. Section 4(4) states that a person is ‘exploited’ if:

• he or she is the victim of behaviour in breach of Article 4 of the European

Convention on Human Rights (slavery and forced labour) (section 4(4)(a));
or
• ‘he is encouraged, required or expected to do anything as a result of which
he or another person would commit an offence under the Human Organ

20
UK/ Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 asp9
(12.07.2005), s.10(1)(a), 11(1)(a) and 12(1)(a).
21
UK/ Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 asp9
(12.07.2005), s.10(2), 11(2) and 12(2).
22
UK/ Asylum and Immigration (Treatment of Claimants, etc) Act 2004 c.19 (22.07.2004),
available at: http://www.opsi.gov.uk/ACTS/acts2004/ukpga_20040019_en_1 (02.07.2008).
23
UK/ Asylum and Immigration (Treatment of Claimants, etc) Act 2004 c.19 (22.07.2004),
s.49.
24
UK/ Asylum and Immigration (Treatment of Claimants, etc) Act 2004 c.19 (22.07.2004),
s.5(1), 5(2).
25
UK/ Asylum and Immigration (Treatment of Claimants, etc) Act 2004 c.19 (22.07.2004),
s.4(5).

18
 Thematic Study on child trafficking [United Kingdom]

Transplants Act 1989,26 or sections 32 or 33 of the Human Tissue Act 200427

or the Human Tissue (Scotland) Act 2006’28 (section 4(4)(b)); or
• ‘he is subjected to force, threats or deception designed to induce him— (i) to
provide services of any kind, (ii) to provide another person with benefits of
any kind, or (iii) to enable another person to acquire benefits of any kind’
(section 4(4)(c)); or
• he or she is vulnerable by reason of physical or mental disability, family
connection or, most relevantly for present purposes, youth, and ‘is requested
or induced to undertake any activity, having been chosen as the subject of
the request or inducement’ because of this vulnerability, and ‘a person
without the illness, disability, youth or family relationship would be likely to
refuse the request or resist the inducement’ (section 4(4)(d)).
[55]. This is a very broad definition of exploitation which catches all reasons for
which a child is trafficked.

[56]. Under the terms of the Proceeds of Crime Act 200229 the assets of traffickers,
obtained from the profits of trafficking operations, can be seized on the
authority of an order made, in England, Wales and Northern Ireland, by the
Crown Court, or in Scotland by the High Court of Justiciary or by a sheriff.30

A.3. Legal provisions criminalising all forms

of trafficking within the UK [17].
[57]. In England, Wales and Northern Ireland, section 58 of the Sexual Offences Act
2003 criminalises the trafficking of people within the UK. This offence is
identical in form and requirements to those in sections 57 and 59, discussed
above, and the same powers to seize vehicles, ships and aircraft, and to seize the
assets of those convicted of a trafficking offence apply. The only difference is
that there is no necessary international element to the offence.

[58]. In Scotland, section 22 of the Criminal Justice (Scotland) Act 2003, discussed
above, criminalises both international and domestic trafficking for prostitution
or involvement in pornography.

26
UK/Human Organ Transplants Act 1989 c.31 (27.07.1989), available at:
http://www.opsi.gov.uk/acts/acts1989/ukpga_19890031_en_1 (02.07.2008).
27
UK/ Human Tissue Act 2004 c.30 (15.11.2004), available at:
http://www.opsi.gov.uk/ACTS/acts2004/ukpga_20040030_en_1 (02.07.2008).
28
UK/ Human Tissue (Scotland) Act 2006 asp.4 (16.03.2006), available at:
http://www.oqps.gov.uk/legislation/acts/acts2006/asp_20060004_en_1 (02.07.2008).
29
UK/ Proceeds of Crime Act 2002 c.29 (24.07.2002), available at:
http://www.opsi.gov.uk/acts/acts2002/ukpga_20020029_en_1 (02.07.2008)
30
See UK/ Proceeds of Crime Act 2002 c.29 (24.07.2002), s6 (England and Wales); s92
(Scotland); s156 (Northern Ireland).

19
 Thematic Study on child trafficking [United Kingdom]

[59]. Section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act
2004, which applies in all parts of the UK,31 creates an offence of trafficking
for exploitation within the UK, the elements of which are identical to those
offences with an international element.

A.4. Legal provisions and/or case law

establishing direct applicability of
international standards on child
trafficking [18].
[60]. There is no case law which establishes the direct applicability of international
standards on child trafficking within the UK. Instead, the UK courts have
focussed their attention on the national legislation discussed above. However, as
that legislation was passed in order to bring the UK and the countries within it
in line with international standards, it certainly establishes the applicability of
relevant international standards, albeit indirectly, but with the same net effect.

A.5. Legal provisions establishing the

principle of best interests of the child
[19].
[61]. Although there is no constitutional guarantee of the primacy of the best interests
of the child as there is no written constitution in the UK, the principle, which is
described as ‘the welfare principle’ in the UK, is nonetheless well established.
Law and policy regarding the needs, welfare and interests of trafficked children
are incorporated within an integrated framework which applies to all children.32

[62]. Local social services authorities are under various statutory duties to work
together to provide services to safeguard and promote the welfare of children. In
England and Wales, a multi-agency framework was put in place by the Children
Act 2004,33 which requires each local authority to establish a Children’s Service
Authority (CSA), and each CSA to establish a Local Safeguarding Children
Board (LSCB).34 In Scotland the equivalent to the LSCB is the Child Protection

31
UK/ Asylum and Immigration (Treatment of Claimants, etc) Act 2004 c.19 (22.07.2004), s49.
32
See HM Government (2007) Safeguarding Children, para. 7.126.
33
UK/ Children Act 2004 c.31 (15.11.2004), available at:
http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040031_en_1 (15.07.2008).
34
UK/ Children Act 2004 c.31 (15.11.2004), ss. 10 and 11.

20
 Thematic Study on child trafficking [United Kingdom]

Committee (CPC).35 The UK Border Agency (UKBA) is required to play a full

part in the activities of the local LSCB or CPC.36 In Northern Ireland there is no
equivalent to the LSCB or CSA but a similar policy framework can be found in
the 10 year strategy for children and young people in Northern Ireland,
published in 2006.37

A.5.1. Duties to protect the best interest of the child.

[63]. There are various legal duties to safeguard and promote the welfare of the child.

[64]. Legislation in all parts of the UK places a duty on all courts hearing matters
relating to the upbringing of a child to give paramount consideration to the
welfare of the child.38

[65]. As public bodies, local authorities, and the other agencies involved in
safeguarding and protecting the best interests of children, are obliged by section
6(1) of the Human Rights Act 199839 not to act in a way incompatible with the
terms of the European Convention on Human Rights which applies the best
interest principle.

[66]. The UKBA will also be required, when section 21 UK Borders Act 200740
comes into force, to take ‘appropriate steps to ensure that while children are in
the UK they are safe from harm’. Section 21(1) of the 2007 Act also requires

35
See Scottish Executive (2005) Protecting Children and Young People; Child Protection
Committees, available at: http://www.scotland.gov.uk/Resource/Doc/36496/0023577.pdf
(09.08.2008).
36
Home Office and Border and Immigration Agency (2008) The Border and Immigration
Agency Code of Practice for keeping children safe from harm, para. 3.6.13.
37
See Office of the First Minister and the Deputy First Minister (2006) Our Children and Young
People – Our Pledge: A Ten Year Strategy for Children and Young People in Northern
Ireland 2006-2016, p. 7, available at: http://www.allchildrenni.gov.uk/ten-year-strategy.pdf
(09.07.2008).
38
UK/ Children Act 1989 c.41 (16.11.1989), s1 (England and Wales), available at:
http://www.opsi.gov.uk/Acts/acts1989/ukpga_19890041_en_1 (09.07.2008) ; UK/ Children
(Scotland) Act 1995 c.36 (19.07.1995), s. 22 in Scotland, available at:
http://www.opsi.gov.uk/ACTS/acts1995/ukpga_19950036_en_1 (08.07.2008); UK/ Children
(Northern Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art. 3, available at:
http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=3&Browse
Letter=C&NavFrom=1&parentActiveTextDocId=2963047&ActiveTextDocId=2963055&file
size=5132 (08.07.2008).
39
UK/ Human Rights Act 1998 c.42 (09.11.1998), available at:
http://www.opsi.gov.uk/ACTS/acts1998/ukpga_19980042_en_1#pb3-l1g6
(10.07.2008).
40
UK/ Borders Act 2007 c.30 (30.10.2007), available at:
http://www.opsi.gov.uk/acts/acts2007/pdf/ukpga_20070030_en.pdf (16.07.2008).

21
 Thematic Study on child trafficking [United Kingdom]

the Secretary of State to issue a Code of Practice, to which the UKBA must
have regard in the exercise of its functions.41

A.5.2. The duty to provide services to safeguard and

promote the welfare of children in need.
[67]. Legislation places a duty42 on local social services authorities43 to safeguard and
promote the welfare of children in their area who are in need, with ‘need’ being
defined44 as comprising situations in which the child ‘is unlikely to achieve or
maintain, or to have the opportunity of achieving or maintaining, a reasonable
standard of health or development without the provision for him of services by a
local authority…[or] his health or development is likely to be significantly
impaired, or further impaired, without the provision for him of such services’.

A.5.3. The duty to investigate suspected cases of abuse.

[68]. There are duties to investigate possible abuse of children in each country in the
UK. In England and Wales45 and Northern Ireland46 every local authority is
required to investigate any situation where it has reasonable cause to suspect
that a child in its area is suffering or likely to suffer significant harm, in order to
ascertain whether it should take action to safeguard or promote the child’s
welfare. It must also do this if an Emergency Protection Order47 (EPO) has been
made in respect of a child or if a child is in police protection. If access to the
child is prevented, or information about the child’s whereabouts is not disclosed
to the local authority, it must apply to a court for the most appropriate order in

41
See Home Office and Border and Immigration Agency (2008) The Border and Immigration
Agency Code of Practice for keeping children safe from harm, available at:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/closedcons
ultations/keepingchildrensafe/uasc_codeofpractice.pdf?view=Binary (09.07.2008). At the
time of writing this Code of Practice is in draft form. Its substance was the subject of
consultation between 31 January and 25 April 2008. The Code is likely to come into force
later in 2008 (Note that in 2008 the Border and Immigration Authority was replaced by the
UK Border Agency).
42
UK/ Children Act 1989 c.41 (16.11.1989), s17 (England and Wales), UK/ Children (Scotland)
Act 1995 c.36 (19.07.1995), s. 25, and UK/ Children (Northern Ireland) Order 1995 (No. 755
(N.I.2)) (15.03.1995), art. 18.
43
Known as social work departments in Scotland and as health and social care trusts in
Northern Ireland.
44
UK/ Children Act 1989 c.41 (16.11.1989), s17(10) (England and Wales), UK/ Children
(Scotland) Act 1995 c.36 (19.07.1995), s. 93(4), and UK/ Children (Northern Ireland) Order
1995 (No. 755 (N.I.2)) (15.03.1995), art. 17.
45
UK/ Children Act 1989 c.41 (16.11.1989), s47 (England and Wales).
46
UK/ Children (Northern Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art. 66.
47
The EPO is an emergency order by which a child is taken into local authority care for a
maximum of eight days under section 44 of the Children Act 1989 (in England and
Wales) or Article 63 Children (Northern Ireland) Order 1995.

22
 Thematic Study on child trafficking [United Kingdom]

the circumstances which may be an EPO, a Child Assessment Order (CAO),48

or a care or supervision order,49 unless satisfied that the child’s welfare can be
satisfactorily protected without such an order being made.50

[69]. A local authority acting under these powers may also call on involvement from
housing, health and education authorities. In this way the duty to investigate
should ensure that the child is provided with whichever services are required in
his or her best interest.

[70]. In Scotland the duty to investigate is similar in scope but the framework in
which it operates differs from elsewhere in the UK. Section 53 of the Children
(Scotland) Act 1995 requires a local authority, which receives information
suggesting that compulsory measures of supervision may be required in respect
of a child, to make inquiries unless of the view that inquiries are unnecessary.51
Compulsory measures are appropriate for a variety of reasons52 including the
commission of a criminal offence by the child, or his or her continued absence
from school, but the most relevant reasons for present purposes include that the
child (i) is falling into bad associations or is exposed to moral danger; (ii) is
likely to suffer unnecessarily: (iii) is a child victim, aged under 17, of specified
sexual, or violent, or child cruelty or neglect, offences.53

[71]. The findings of such an inquiry must be given by the local authority to the
Principal Reporter.54 The Principal Reporter, a role which has no direct
equivalent elsewhere in the UK, is charged to decide whether compulsory
measures of supervision are required in respect of a child. He or she must, on
receipt of information which suggests that a Children’s Hearing55 may be
necessary, investigate the matter; and those investigations may include the
production of a further report by the local authority social work department.56

48
UK/ Children Act 1989 c.41 (16.11.1989), s43 (England and Wales); UK/ Children (Northern
Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art. 62. This is an order which a local
authority should apply for when there is reasonable cause to suspect that the child in question
is suffering or is likely to suffer significant harm, and there is a need to assess the child to see
if those suspicions are confirmed or not. The order requires the child be made available by
those with control or him or her so that an assessment can take place.
49
Discussed in paras. 209-216 below.
50
UK/ Children Act 1989 c.41 (16.11.1989), s47(6) (England and Wales); UK/ Children
(Northern Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art. 66(6).
51
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.53(1).
52
These are listed in section 52 Children (Scotland) Act 1995.
53
These offences are listed in Schedule 1 of the UK/Criminal Procedure (Scotland) Act 1995 c.
46(08.11.1995), available at: http://www.opsi.gov.uk/Acts/acts1995/ukpga_19950046_en_1
(10.07.2008).
54
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.53(1)(b).
55
Again, there is no direct equivalent to Scottish Children’s Hearings in the rest of the UK. A
Children’s Hearing is an informal alternative to a court, staffed by non-lawyers on a voluntary
basis. See UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.39.
56
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.56.

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 Thematic Study on child trafficking [United Kingdom]

[72]. In order to facilitate investigations, local authorities may apply for a Child
Protection Order (the Scottish version of an EPO)57 or a CAO58 on essentially
the same basis as in the rest of the UK.

A.5.4. The duty to provide accommodation for children in

need.
[73]. Local authorities in all parts of the UK are placed under a duty,59 to provide
accommodation for any child in need of it. Accommodation may also be
provided under the general power to protect children in need (discussed in
para.67 above).

[74]. The Home Office has estimated that around 4500 unaccompanied children
seeking asylum were being supported by local authorities in March 2008.60

[75]. If the child in question is 16 years old or older (18 in Scotland), the local
authority must provide him or her with accommodation if otherwise his or her
welfare would be seriously prejudiced,61 or, in Scotland, if to do so would
safeguard that young person’s welfare.62 In all jurisdictions, the wishes of the
child must be taken into consideration.63

[76]. A child who has been provided with accommodation by a local authority
becomes a ‘looked after’ child, in respect of whom the authority is then placed
under further duties. These include the duty to safeguard and promote the
welfare of the child, maintain him or her and to provide other relevant
services.64 Each child who is accommodated must be the subject of a care plan
and his or her situation must be subjected to regular reviews, at which the views
of the child must be considered before any change in his or her status is
implemented.65

57
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.57.
58
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.55.
59
UK/ Children Act 1989 c.41 (16.11.1989), s20 (England and Wales); UK/ Children (Scotland)
Act 1995 c.36 (19.07.1995), s.25; UK/ Children (Northern Ireland) Order 1995 (No. 755
(N.I.2)) (15.03.1995), art.21.
60
Home Office (2008) Asylum Statistics First Quarter 2008 United Kingdom available at:
http://www.homeoffice.gov.uk/rds/pdfs08/asylumq108.pdf (14.07.2008), p. 8, footnote 9.
61
UK/ Children Act 1989 c.41 (16.11.1989), s20 (3) (England and Wales); UK/ Children
(Northern Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art.21(3).
62
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.25(3).
63
UK/ Children Act 1989 c.41 (16.11.1989), s20 (6) (England and Wales); UK/ Children
(Scotland) Act 1995 c.36 (19.07.1995), s.25(5); UK/ Children (Northern Ireland) Order 1995
(No. 755 (N.I.2)) (15.03.1995), art.23.
64
UK/ Children Act 1989 c.41 (16.11.1989), s22 (England and Wales; UK/ Children (Scotland)
Act 1995 c.36 (19.07.1995), s.17; UK/ Children (Northern Ireland) Order 1995 (No. 755
(N.I.2)) (15.03.1995), art.26 and schedule 2.
65
See the UK/Arrangements for the Placement of Children (General) Regulations 1991
(No.890) (14.10.1991) (England), available at:

24
 Thematic Study on child trafficking [United Kingdom]

[77]. If a child is looked after for 13 weeks or more, he or she is eligible to further
assistance on leaving the accommodation provided by the local authority, if
aged 16 or older at that point.66 This can be in the form of advice and assistance
with accommodation for example.

[78]. Local authorities have greater powers of compulsion than are described here.
These are discussed in paras. 209-227 below.

A.6. The UK Action Plan on Tackling Human

Trafficking [20].
[79]. The UK Action Plan on Tackling Human Trafficking was published by the
Home Office and the Scottish Executive in March 2007,67 and a revised version
was published in 2008.68 This document applies to trafficking both in children
and in adults. Its key aims are:

• To underscore that the central focus of UK policy is on the needs of victims.

This entails the further building of human rights principles into policy and
practice, and to ensure that strong law enforcement is backed up by effective
protection and services for trafficking victims.

http://www.opsi.gov.uk/si/si1991/Uksi_19910890_en_1.htm#end (07.07.2008); the UK/

Placement of Children (Wales) Regulations 2007 (No.310 W.27) (01.07.2007), available at:
http://www.opsi.gov.uk/legislation/wales/wsi2007/wsi_20070310_en_1 (07.07.2008); the
UK/ Arrangements to Look After Children (Scotland) Regulations 1996 No. 3262 (S.252)
(01.04.1997) (Scotland) available at:
http://www.opsi.gov.uk/si/si1996/Uksi_19963262_en_1.htm (07.07.2008); UK/
Arrangements for the Placement of Children (General) Regulations (Northern Ireland) No.
453 (04.11.1996), available at: http://www.opsi.gov.uk/sr/sr1996/Nisr_19960453_en_1.htm
(07.07.2008).
66
See the UK/ Children (Leaving Care) Act 2000 c.35 (30.11.2000) (England and Wales),
available at: http://www.opsi.gov.uk/acts/acts2000/ukpga_20000035_en_1 (08.07.2008);
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s29 (Scotland) and the UK/ Support and
Assistance of Young People Leaving Care (Scotland) Regulations 2003 (No.608)
(01.04.2004), available at:
http://www.opsi.gov.uk/legislation/scotland/ssi2003/ssi_20030608_en.pdf (08.07.2008); the
UK/ Children (Leaving Care) Act (Northern Ireland) 2002 c. 11 (22.11.2002), available at:
http://www.opsi.gov.uk/legislation/northernireland/acts/acts2002/pdf/nia_20020011_en.pdf
(08.07.2008). See also R(Behre) v London Borough of Hillingdon and Secretary of State for
Skills and Education [2003] EWHC 2075 (Admin) available at:
http://www.bailii.org/ew/cases/EWHC/Admin/2003/2075.html (08.07.2008).
67
Home Office and Scottish Executive (2007) UK Action Plan on Tackling Human
Trafficking, available at: http://www.homeoffice.gov.uk/documents/human-traffick-action-
plan (23.06.2008). (09.07.2008). Hereinafter referred to as UK Action Plan.
68
Home Office and Scottish Executive(2008) Update to the UK Action Plan on Tackling
Human Trafficking, available at:
http://www.crimereduction.homeoffice.gov.uk/humantrafficking004.pdf (09.07.2008).
Hereinafter referred to as Update to the UK Action Plan.

25
 Thematic Study on child trafficking [United Kingdom]

• To ensure that there is an ‘end to end’ strategy in place, in which the various
agencies and areas of policy – prevention and law enforcement,
immigration, and support for victims – function in an holistic and ‘joined up’
way
The UK Human Trafficking Centre (UKHTC) has been established to co-
ordinate policy and practice across the range of relevant agencies. The UK
signed the CoE Convention on Action against Trafficking in Human Beings
on 23 July 2007 and intends to ratify it by the end of 2008. Compliance with
the Convention by all agencies involved in combating human trafficking will
help to ensure a coherent multi-agency approach.

• To broaden and deepen the scope of anti-trafficking policy and practice.

The historical focus on trafficking for reasons of sexual exploitation is being
broadened to also focus on trafficking for non-sexual reasons, such as for
forced labour. As seen in the section on legal provisions criminalising child
trafficking (paras.40-59), new legislation is already in place to ensure that all
types of trafficking are within the purview of the criminal law, and in 2006
the Serious Organised Crime Agency (SOCA) was established, 25% of the
resources of which are dedicated to combating organised immigration crime
including trafficking. Trafficking within the UK has been the subject of new
policy guidance.69

• The Action Plan also provides for the ‘mainstreaming’ of trafficking policy
and practice, so that it is integrated into the working frameworks and
practices of immigration, law enforcement, and victim support services.
• The Action Plan contains a Chapter dedicated to the safeguarding and
protection of child victims of trafficking.

A.7. Impact Assessment of the UK Action

Plan on Tackling Human Trafficking [21].
[80]. The UK Action Plan on Tackling Human Trafficking 2007 made some
recommendations with regard to child trafficking that included: (i) the
development of a National Referral Mechanism that identifies victims;70 (ii) the
development of a code of practice on the carriage of minors71 and (iii) safe

69
In 2006 the UK Government commissioned research on the nature and extent of child
trafficking within the country: see Child Exploitation and Online Protection (CEOP) Centre
(2007) A Scoping Project on Child Trafficking in the UK, available at:
http://polis.osce.org/library/f/2973/1500/GOV-GBR-RPT-2973-EN-
A%20Scoping%20Project%20on%20Child%20Trafficking%20in%20the%20UK.pdf
(09.07.2008).
70
Home Office and Scottish Executive (2007) UK Action Plan, p.105.
71
Home Office and Scottish Executive (2007) UK Action Plan, p.64.

26
 Thematic Study on child trafficking [United Kingdom]

arrangements for trafficked children to be accommodated within the

Unaccompanied Asylum Seeking Children Reform Programme.72

[81]. The July 2008 Update provides up to date information on progress in the key
areas of prevention, enforcement and prosecution and the protection and support
of adult and child victims of trafficking. A major change that forms part of the
impact assessment of the UK Action Plan on Tackling Human Trafficking 2007
is the Equality impact assessment.73 It assesses impact on preventative and
investigative methods and support provided to adult and child victims.

[82]. A number of new actions74 have been proposed: (i) to combat the trafficking of
children for benefit fraud and domestic servitude, (ii) to reduce the numbers of
foreign trafficked children going missing or at risk of being trafficked from
Local Authority care by improving Working Together to Safeguard Children
arrangements, (iii) to develop effective policing strategies to disrupt the internal
trafficking of UK resident children and ensure victims are adequately supported
and safeguarded, (iv) ensure the safeguarding elements of the CoE Convention
on Action against Trafficking in Human Beings are implemented, (v) review the
UK’s human trafficking legislation to enable more traffickers to be successfully
prosecuted.

[83]. The updated plan also highlights changes that have seen different child
protection agencies incorporating child trafficking into their agency plans.
These plans, mentioned in the following paragraphs, pay particular attention to
child specific factors linked to child trafficking because agencies are now in a
position to recognise that trafficking is different from factors that affect
trafficked men and women.

[84]. The cross government strategy, Staying Safe: Action Plan75 makes reference to
providing better protection for children and young people coming in/going out
of the country by (i) publishing new guidelines on cross-border issues to help
raise awareness amongst all children’s services professionals, (ii) implementing
reforms as set out in Better Outcomes: The Way Forward. Improving the care of
unaccompanied asylum seeking children and trafficked children,76 (iii) issuing a
Code of Practice on keeping children safe from harm, following placing the
Border and Immigration Agency’s duties towards children on a statutory
72
Home Office and Scottish Executive (2007) UK Action Plan, p.68.
73
Home Office and Scottish Executive (2007) UK Action Plan, Annex c, pp 73.
74
Home Office (2008) Keeping Children safe, pp.1-2, available at:
http://police.homeoffice.gov.uk/publications/operational-policing/issue-4?view=Binary
(09.07.2008).
75
HM Government (2008) Staying Safe: Action Plan, para.4.21 pp. 52, available at:
http://publications.everychildmatters.gov.uk/eOrderingDownload/DCSF-00151-2008.pdf
(09.07.2008) Para 4.21 pp 52.
76
Home Office/ Border and Immigration Agency (2008) Better Outcomes: The Way Forward.
Improving the care of unaccompanied asylum seeking children and trafficked children,
available at:
http://www.bia.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/closedconsult
ations/uasc/betteroutcomes.pdf?view=Binary (09.07.2008).

27
 Thematic Study on child trafficking [United Kingdom]

footing and (iv) disseminate recently published guidance for practitioners on

child trafficking and how to safeguard and promote the welfare of children who
may have been trafficked. The plan also encourages all professionals to know
what signs to look and to be able identify what specialist information is
available to assist a child victim of trafficking77.

[85]. The Department for Children, Schools and Families (DCSF) aims to make
England the best place in the world for children and young people to grow up78
and this aim is set out in the Children’s Plan.79 DCSF is responsible for
disseminating guidance on child trafficking to agencies concerned with the
protection of children.80

[86]. In December 2007, DCSF together with the Home Office, jointly issued
guidance, Safeguarding children who may have been trafficked.81 This guidance
aims at raising awareness of ways of identifying children or young people who
may have been trafficked and places where they can get help. It provides the
role and functions of relevant agencies, giving guidance on procedures that
ensure the safety and well being of trafficked children.

[87]. The Safeguarding children who may have been trafficked guidance is
supplementary to the UK Government’s statutory guidance: Working Together
to Safeguard Children82 and is intended to assist agencies and their staff,
safeguard and promote the welfare of children who may have been trafficked.

[88]. The Better Outcomes83 guidance outlines the reforms to procedures in

identifying and helping child victims of trafficking who may be unaccompanied
asylum seeking children. Paragraph 6.1 of the guidance recognises that all
children and young people granted refugee status are supported in their
integration into the UK society. If there is no legal reason for them to remain in
the UK, they are fully supported in their return to their country as it is believed
that the needs of children are best served by being with their families.

77
HM Government (2008) Staying Safe, para.4.4.
78
http://www.dfes.gov.uk/ (09.07.2008).
79
Department for Children, Schools and Families (2007) The Children’s Plan. Building
Brighter Futures, available at: http://www.dfes.gov.uk/publications/childrensplan/
(09.07.2008).
80
HM Government (2007) PSA Delivery Agreement 13: Improve Children’s and Young
People’s Safety, chapter 3, and para.3.34, available at: http://www.hm-
treasury.gov.uk/media/8/7/pbr_csr07_psa13.pdf (09.07.2008).
81
HM Government (2007) Safeguarding children who may have been trafficked, available at:
http://publications.everychildmatters.gov.uk/default.aspx?PageFunction=productdetails&Page
Mode=publications&ProductId=HMG-00994-2007 (09.07.2008). Para. 11.76 – 11.80 outline
circumstances of child victims of trafficking.
82
HM Government (2006) Working Together to Safeguard Children: A guide to inter-agency
working to safeguard and promote the welfare of children, available at:
http://www.everychildmatters.gov.uk/resources-and-practice/IG00060/ (09.07.2008).
83
Home Office/ Border and Immigration Agency (2008) Better Outcomes: The Way Forward.
Improving the care of unaccompanied asylum seeking children and trafficked children.

28
 Thematic Study on child trafficking [United Kingdom]

[89]. The revised plan has also seen trafficking sub groups established in Local
Authorities under LSCBs and CPCs84 to increase awareness of child trafficking
as a child protection issue. UKBA for example now recognise that LSCBs need
to apply a multi agency approach in order to properly safeguard child victims of
trafficking. This will assist in the identification child victims of trafficking and
providing safe accommodation and specialist services to victims.

[90]. The revised Action Plan 2008 further highlights two important decisions. The
CoE Convention on Action against Trafficking in Human Beings requires a
minimum of 30 days for reflection and recovery and a minimum of six months
for temporary residence. The revision to the length of time all identified victims
are granted for reflection and recovery has been increased from 30 days to 45
days in the revised Action Plan and the length of time of temporary residence
has been increased from 6 months to one year with the option to extend
depending on the circumstances.85

A.8. Existence of data collection mechanisms

[22].
[91]. The UKHTC works together with other agencies to address the trafficking of
human beings.86 Part of this work involves designing data collection
mechanisms that will be gathered via a central repository at UKHTC. UKHTC
is working closely with the Child Exploitation and Online Protection (CEOP)
Centre who are responsible in building a strategic and national picture on child
trafficking in the UK.87

[92]. CEOP collected data on trafficked children from 41 UK police forces and law
enforcement agencies, 8 non-governmental organisations and 21 Border and
Immigration Agencies.88

[93]. UKHTC started collecting data from April 2008 when Home Office funding
became available. The responsible agencies for this process will be the Home
Office, UKHTC, Serious and Organised Crime Agency (SOCA) and the
Scottish Crime Drug Enforcement Agency (SCDA). The time table to regularly
provide data gathering information will therefore commence from 1 October
2008.89

84
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.32.
85
Home Office and Scottish Executive (2008) Update to the UK Action Plan, pp.3 and 30.
86
See http://www.ukhtc.org/history.htm (09.07.2008).
87
Child Exploitation and Online Protection (CEOP) Centre (2007) A Scoping Project on Child
Trafficking in the UK, p.8.
88
See http://www.ceop.gov.uk/about/child_trafficking.asp (09.07.2008).
89
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.37.

29
 Thematic Study on child trafficking [United Kingdom]

[94]. Research on human trafficking has been carried out by the Scottish Government
Justice Analytical Services with findings to be released soon.90 Data has been
collected from police, statutory agencies, victim services and NGOs in the last
year, 2007/8.

[95]. A model protocol91 exists between LSCBs and the Police which outlines the
necessary action needed should a child come to the attention of police
investigation during Operation Pentameter 2.92 It encourages joint planning
between named contacts from LSCBs and the local police force. A National
Advocate93 in accordance with the appropriate child protection procedures in
England, Scotland, Wales and Northern Ireland, supports the Local authority
through LSCBs to ensure that children recovered from Operation Pentameter 2
receive the necessary care. This service was provided by the National Society
for the Prevention of Cruelty to Children (NSPCC) and ECPAT UK (End Child
Prostitution, Child Pornography and the Trafficking of Children for Sexual
Purposes) staff who are qualified and experienced in working with child victims
of trafficking. Both organisations are members of the Pentameter Gold
Command Victim Care Group coordinated by the UKHTC.

[96]. EU funding is being sought by UKHTC94 for another scoping study that would
examine the sources of data on both victims and suspected traffickers. It is
intended that international models of data collection from organisations like the
International Organization for Migration will be applied.

A.9. Designated Budget of relevant ministries

for anti-trafficking measures [23].
[97]. The Home Office has increased funding for the work of UKHTC.95 For the
financial year 2008/9, there has been an increase from a budget of £834,084 in
2007/08 to £1,712,000 in 2008/09, and £1,602,000 in 2009/10. The increased
budget in 2008/09 includes a one off payment for a National Intelligence system
that forms part of the anti-trafficking measures within UKHTC.

90
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.7.
91
Copy of protocol provided by David Macdonald (Vulnerable Persons Coordinator, Home
Office) on file with the authors.
92
In October 2007, Operation Pentameter 2 was launched by the UKHTC. It was a UK wide
multi agency campaign that aimed to rescue and protect victims of trafficking for sexual
exploitation and to identify, disrupt, arrest and bring to justice those involved in criminal
activity. See also Home Office Press Release, Major Police probe into trafficking leads to 528
arrests, 2 July 2008, available at: http://press.homeoffice.gov.uk/press-releases/police-probe-
trafficking (09.07.2008).
93
Copy of protocol provided by David Macdonald (Vulnerable Persons Coordinator, Home
Office) on file with the authors.
94
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.7.
95
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.7.

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 Thematic Study on child trafficking [United Kingdom]

[98]. Funding has been made available by the Home Office and Comic Relief, who
will contribute £100,000 each, per annum over 3 years, for a telephone advice
line for professionals, and victims of human trafficking. The line, National
Child Trafficking Advice and Information Line (CTAIL), will offer training
packages to professionals dealing with child trafficking and also offers an
appropriate response to victims of child trafficking (see para 275).

[99]. £30,000 has been paid as a single payment by the Home Office to ECPAT UK
for the development of an e-learning tool for professionals.

A.10. Designated budget to support research

in child trafficking [24].
[100]. The CEOP scoping study in 2007 on the extent of child trafficking was funded
at a cost of £37,500.96 Currently, SOCA are funding a CEOP Strategic Threat
assessment on trafficking.97

[101]. Operation MAXIM98 is a Metropolitan Police Service partnership with the

UKBA and the Crown Prosecution Service (CPS) targeting organised
immigration crime across London. In 2003, Operation Maxim through Reflex,99
the Government’s multi-agency response to organised immigration crime,
tasked with coordinating intelligence on the problem of trafficking, provided
£100,000 funding for a research initiative on trafficking called Operation
Paladin Child.100 The report101 published in 2004, summarised more than eight
months of work undertaken in an attempt to define the nature of child migration
from non – EU countries to the UK via London Heathrow.

96
Home Office and Scottish Executive (2007) UK Action Plan, p.93.
97
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.2008.
98
http://www.met.police.uk/op_maxim/ (09.07.2008).
99
Metropolitan Police Authority (2006) Operation Maxim, available at:
http://www.mpa.gov.uk/committees/ppr/2006/061109/08.htm (09.07.2008).
100
Metropolitan Police and Reflex (2004) Paladin Child. The Safeguarding children strand of
MAXIM funded by Reflex, available at:
http://www.mpa.gov.uk/downloads/committees/ppr/ppr-040712-14-appendix01.pdf
(09.07.2008).
101
Metropolitan Police and Reflex (2004) Paladin Child. The Safeguarding children strand of
MAXIM funded by Reflex.

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 Thematic Study on child trafficking [United Kingdom]

A.11. Existence of Monitoring mechanisms

such as National Rapporteurs [25].
[102]. Article 29(4) of the CoE Convention on Action against Trafficking in Human
Beings states that member states should consider appointing a National
Rapporteur. The concept of a National Rapporteur was developed as one of the
tools to combat and strengthen action against Human Trafficking in the
European Union (see Experts Group on Trafficking in Human Beings).102

[103]. Though the role a National Rapporteur has been recognised as one to collect,
monitor and report information on a range of issues including trafficking, in the
UK Action Plan 2007,103 the UK Government, feels that the appointment of an
independent National Rapporteur has not been necessary.

[104]. Since 2005, a cross-government ministerial arrangement, through the Inter-

Departmental Ministerial Group (IDMG)104 on Human Trafficking, has been
monitoring progress made in tackling child trafficking. The IDMG are
considered the most suitable body to monitor trafficking in the UK as they hold
responsibility for implementing Government policy on human trafficking,
including monitoring the implementation of the CoE Convention and the UK
Action Plan.105

[105]. In addition to the IDMG, there is a NGO Advisory Group on Human

Trafficking which also covers the cross-government ministerial arrangements
for monitoring progress.

[106]. The independent Children's Commissioner for England also has an active
interest in child trafficking.106

A.12. Existence of National Referral

Mechanisms [26].
[107]. In the updated Action Plan 2008, a National Referral Mechanism is being
developed to help co-ordinate the identification and referral of victims into

102
European Commission, Directorate-General Justice, Freedom and Security, Report of the
Experts Group on Trafficking in Human Beings (2004) p.77, available at:
http://ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_expert_group_1204
_en.pdf (09.07.2008)
103
Home Office and Scottish Executive (2007) UK Action Plan, p.13.
104
House of Commons (HC) Deb (2006–07) 461, oral answers column 397. See also: House of
Lords (HL) Deb (2006–07) 692, written answers column WA188.
105
Home Office and Scottish Executive (2007) UK Action Plan, p.13.
106
See http://www.parliament.the-stationery-
office.co.uk/pa/ld200607/ldhansrd/text/70625w0008.htm (09.07.2008).

32
 Thematic Study on child trafficking [United Kingdom]

support. This is being pilot tested under Operation Pentameter 2.107 Pentameter
2 is taking place in conjunction with a G6 project on human trafficking being
led by the UK and Poland. UKHTC believe that a National Referral Mechanism
would require a model that reflects existing child safeguarding procedures and
will include working with Local Authorities and LSCBs as key stakeholders.

[108]. CEOP are working on developing an assessment and referral tool to support the
process for determining “reasonable grounds to believe” an individual child
may have been trafficked.108 The assessment of this tool would be through
partnership work with LSCBs, and key agencies at the Home Office, UKBA,
CEOP, UKHTC, DCSF, the Scottish Government and NGOs.

A.13. Training strategy [27].

[109]. The need for further training for a range of agencies is addressed by the UK
Action Plan 2007.109 The plan gives an overview of training programmes
already undertaken, e.g. training has already been delivered to front line staff
working on the labour trafficking project led by UKBA.110

[110]. In October 2007, the UKBA introduced a Keeping Children Safe training
programme111 for all staff members. The training programme aimed at UKBA
staff, raises awareness about children's issues so that they are more responsive
to children and their needs, including protection issues. Leaflets have also been
available for both EEA and non-EEA nationals explaining that officers may
seek to establish the relationship between children and the adult accompanying
them.

[111]. UKHTC have delivered training courses to over 100 senior investigation
officers from most UK police forces. Future plans are underway to develop and
update all training materials and toolkits.112 E-learning packages on specific
trafficking topics have also been distributed to over 65000 police officers.

[112]. ECPAT UK provides training for all professionals in different agencies who
come into contact with victims of trafficking.113 The Department for Children

107
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.5.
108
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.33, objective
67.
109
Home Office and Scottish Executive (2007) UK Action Plan, p.30.
110
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.21.
111
See http://www.parliament.the-stationery-
office.co.uk/pa/cm200708/cmhansrd/cm080611/text/80611w0021.htm (09.07.2008).
112
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.20.
113
See http://www.ecpat.org.uk/training.html (09.07.2008).

33
 Thematic Study on child trafficking [United Kingdom]

Schools and Families have funded ECPAT UK with £220,000 over three years
to deliver this multi agency training programme.114

[113]. The NGO ‘Africans Unite against Child Abuse’ (AFRUCA), in partnership with
ECPAT UK, run training programmes for practitioners across the UK on Child
Trafficking.115 AFRUCA also run their own National and In-house training
programme for different agencies in order to deliver customized training to help
meet internal needs and organizational priorities on issues of child trafficking
within the African community.116

[114]. CEOP are undertaking a cross agency pilot training course on child
trafficking.117

[115]. The Home Office Trafficking Toolkit118 provides helpful guidance on dealing
with trafficking. The toolkit is aimed at police, immigration officials, the
Crown Prosecution Service (CPS), victim support, social services departments,
local authorities, NGOs and other agencies throughout the UK.

[116]. The Immigration and Advisory Service have designed an anti-trafficking

toolkit119 for caseworkers and external organisations. The toolkit provides
guidance on identification and referral procedures, guidance on effective asylum
case construction and an overview of the legal framework covering domestic
and international legislation on related asylum cases.

A.14. Policy of non-criminalisation of child

victims of trafficking [28].
[117]. Although it is not implemented through substantive criminal law or legislation,
the UK does have a policy of the non-criminalisation of children who have been
trafficked. If a child has committed an offence whilst under the control of
traffickers, prosecutors should consider whether the offence was committed as a
result of coercion amounting in law to duress.120 The Code for Crown

114
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08
115
See http://www.afruca.org/work_trafficking.php (09.07.2008).
116
AFRUCA (2008) Training Programme, available at:
http://www.afruca.org/documents/afruca%202008-2009%20training%20courses.pdf
(09.07.2008).
117
See:
www.londoncouncils.gov.uk/London%20Councils/Crime%20and%20Public%20Protection/B
IA20080310LApresentationv0.ppt (09.07.2008).
118
See: http://www.crimereduction.homeoffice.gov.uk/toolkits/tp00.htm
119
Immigration and Advisory Services Anti Trafficking Toolkit, available at:
http://www.iasuk.org/C2B/document_tree/ViewAdocument.asp?ID=389&CatID=53&Search
=true (09.07.2008).
120
HM Government (2007) Safeguarding children, para. 5.25.

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 Thematic Study on child trafficking [United Kingdom]

Prosecutors further and generally requires prosecutors to consider the interests

of the child in deciding whether a prosecution should proceed,121 and also states
that a child should only normally be considered for prosecution (but depending
on the severity of the offence) after having already been given a reprimand and
a final warning.122

[118]. The UK Action Plan 2007 explains that ‘Victims of trafficking should not
normally be charged with an immigration offence under Section 2 of the Asylum
and Immigration (Treatment of Claimants, etc.) Act 2004 as the circumstances
of their case are likely to constitute a reasonable defence to entering the UK
without a passport’; and places an obligation on prosecutors to stop
prosecutions if a person who has been trafficked is wrongly charged with a
trafficking offence.123

[119]. The Updated Plan 2008124 addresses the issue of criminalisation of victims
under two key objectives: (i) to develop effective strategies to combat the
trafficking of children forced or coerced into criminal activities, such as illegal
cannabis farming and street crime for the profit of organised crime gangs125 and
(ii) to explore effective strategies to combat the trafficking of children for the
purpose of fraudulently acquiring welfare benefits.126 These objectives are
meant to safeguard children from criminal exploitation and to ensure that
trafficked children are not punished by the criminal justice system for being
coerced or forced to engage in criminal activities like cannabis farming and
street crime.

[120]. The Updated Plan 2008127 also refers to the need to criminalise, prevent and
deter trafficking with a periodic review and assessment of legislation. The
assessment of and any subsequent changes to legislation will ensure that child
victims of trafficking are not criminalised (See para 117). Guidance about non-
criminalisation of child victims of trafficking128 has been issued to all Police
Chief Constables and Regional Crown Prosecution Service by ACPO and CPS.

121
Director of Public Prosecutions (2004) The Code for Crown Prosecutors, para.8.8, available
at http://www.cps.gov.uk/victims_witnesses/code.html (09.07.2008).
122
Director of Public Prosecutions (2004) The Code for Crown Prosecutors, para.8.9, available
at http://www.cps.gov.uk/victims_witnesses/code.html (09.07.2008).
123
Home Office and Scottish Executive (2007) UK Action Plan on Tackling Human Trafficking
p. 57.
124
Home Office and Scottish Executive (2008) Update to the UK Action Plan.
125
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.35, objective
84.
126
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.35, objective
85.
127
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.44, action 17.
128
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08.

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 Thematic Study on child trafficking [United Kingdom]

[121]. The Home Office ran a consultation in 2007 on ‘Planning better Outcomes and
Support for Unaccompanied Asylum Seeking Children’.129 The consultation
covered the issue of child victims of trafficking who are seeking asylum, and
how best to secure their protection.

[122]. The guidance issued by HM Government which is specifically concerned with

the situation of trafficked children is explicit in its statement of the policy of
non-criminalisation of children trafficked for prostitution:

‘The use of a child in a criminal enterprise is a form of child abuse. A

child who is forced into prostitution will be treated by [the prosecution
authorities] as an abused child and a victim who needs help rather than
as a defendant.’130

B. Prevention of child trafficking

B.1. Evidence of Awareness raising
campaigns [29].
[123]. In October 2007, Operation Pentameter 2 was launched by the UK Human
Trafficking Centre (UKHTC). It was a UK wide multi agency campaign that
aimed at tackling trafficking for sexual exploitation through the rescue and
protection of victims.131

[124]. The Blue Blindfold campaign,132 launched in December 2007, is a joint pilot
poster national campaign run in partnership with Crimestoppers, UKHTC, End
Child Prostitution, Child Pornography and the Trafficking of Children for
Sexual Purposes (CEOP), the Poppy project, ECPAT UK (End Child
Prostitution, Child Pornography and the Trafficking of Children for Sexual
Purposes), Europol, Interpol, MTV Exit, and Stop the Traffik.133 It has been

129
Home Office/ Immigration and Nationality Directorate (2007) Planning better outcomes and
support for unaccompanied asylum seeking children, available at:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/closedcons
ultations/uasc/consultationdocument.pdf?view=Binary (09.07.2008).
130
HM Government (2007) Safeguarding children (2007) para. 5.24. There is currently no
equivalent statement in the draft guidance issued for consultation in Scotland.
131
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.17.
132
See http://www.blueblindfold.co.uk/ (09.07.2008).
133
See http://www.blueblindfold.co.uk/partners/ (09.07.2008).

36
 Thematic Study on child trafficking [United Kingdom]

launched in 12 UK cities and on 550 buses to raise awareness amongst male sex
buyers of the exploitation and trafficking involved in off street prostitution.134 It
encourages public involvement in sharing any suspicions or information with
the police or through the free police line through Crimestoppers.135

[125]. UKHTC and the Home Office run a marketing campaign between May and
June 2008.136 Posters are being piloted in men's toilets in pubs and clubs in two
UK cities - Westminster and Nottingham. They will be supported by online
advertising, with additional advice on the UKHTC ‘Blue Blindfold’ website.
The impact of the campaign will be evaluated in autumn 2008 and fed into any
recommendations made at the end of the review.137

[126]. The Home Office is leading a cross government review of its prostitution
strategy which is specifically focussing on the demand for purchasing sexual
services in the UK. Ministers have visited Sweden and the Netherlands as part
of their evidence collection. The review will be published later this year. On
18th July the Government published for consultation new guidance on
safeguarding children from sexual exploitation. The guidance includes advice
on how front line staff should be aware of the risks of children being sexually
exploited and then trafficked within the UK.138

[127]. The Home Office have commissioned Bedfordshire University to scope the
criminal justice agencies response to child sexual exploitation with reference to
the children who might also then be at risk of trafficking within the UK. The
report will be published by the University this summer.139

[128]. An online e learning tool140 funded by the Home Office has been developed by
ECPAT UK in 2007. It is aimed at social workers, immigration officers and
other frontline professionals who come into contact with vulnerable children
from abroad. The e- learning tool provides access to a mini website and gives
information on the issues of trafficking in general context and best practice
approaches. It has been tested by some local authorities, Local Safeguarding
Children Boards (LSCB) and child care practitioners.141

134
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p. 10.
135
See http://www.crimestoppers-uk.org/ (09.07.2008).
136
Seehttp://www.blueblindfold.co.uk/poster_campaign_may2008.htm (09.07.2008).
137
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.12.
138
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08.
139
Lead Expert on the project is Professor Jenny Pearce, Director of the Institute of Applied
Social Research, Professor of Young People and Public Policy, University of Bedfordshire.
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08.
140
See http://course.ecpat.org.uk/ (09.07.2008).
141
Home Office (2008) Keeping Children safe, pp.1-2.

37
 Thematic Study on child trafficking [United Kingdom]

[129]. With funding from the Foreign and Commonwealth Office (FCO) Drugs and
Crime Fund, UKHTC have run a campaign in Romania and Bulgaria
highlighting the dangers of trafficking.142

[130]. The Poppy Project ran a four week poster campaign in 2007 with Transport for
London,a local government body responsible for the transport network
throughout Greater London in England. Their poster focussed on human
trafficking for sexual exploitation and was targeted not only to victims of
trafficking but to the general public. Posters were placed on the underground
train network and bus shelters.143

[131]. Between 2007 and 2008, a nationwide press and radio campaign by the UK
Border Agency (UKBA) targeted employers who employ illegal migrants. This
was supplemented by guidance booklets that can be found on the UKBA
website.144

[132]. The Department of Health has embarked on an awareness campaign that aims to
respond to victims of violence and abuse. The campaign is targeting health
professionals through its Victims of Violence and abuse Prevention Programme
and the programme of work is due for completion in autumn 2008.145

[133]. In 2006, the NGO ‘Africans Unite Against Child Abuse’ (AFRUCA) was
awarded a government grant146 to run a national advocacy campaign in England
on safeguarding African children including victims of trafficking. AFRUCA is
the main charity campaigning against the trafficking of African children into the
UK.

[134]. UKHTC in partnership with the Home Office, CEOP, the National Society for
the Prevention of Cruelty to Children (NSPCC), Street Reach Doncaster and
Sheffield Children’s Services, are producing a film147 aimed at school children
that warns of the danger of young girls being seduced into sexual exploitation
by older teenage boys. The film will be shown as part of an education pack in
schools and forms part of UKHTC internal trafficking education campaign.

142
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.39, action 9.
143
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.13.
144
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.13.
145
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.32.
146
AFRUCA – Africans Unite against child abuse (AFRUCA) press release AFRUCA awarded
£290,000 Government Grant, available at:
http://www.afruca.org/archive/AFRUCA%20DFES%20GRANT%20PRESS%20RELEASE.h
tm (09.07.2008).
147
Home Office (2008) Keeping Children safe, p.6, available at:
http://www.dfes.gov.uk/localauthorities/_documents/content/2205080001_Keeping%20Child
ren%20Safe%20issue%204.pdf (09.07.2008).

38
 Thematic Study on child trafficking [United Kingdom]

B.2. Evidence of direct participation of

children and relevant NGOs in
awareness raising [30].
[135]. Since the Child Trafficking Advice and Information Line (CTAIL) was launched
in September 2007, it has helped around 60 children aged 18 months to 18 who
148
have been trafficked from across the globe. Two children from the Young
People’s Advisory Group sit on the CTAIL Advisory Group who meets to
discuss child trafficking issues.149

B.3. Evidence of direct participation of local

communities and minority groups [31].
[136]. Between 2006-2007, a Community Partnership programme150 was funded by
the Department for Education and Skills DFES (now DCSF), the Home Office,
and jointly managed with eight London boroughs. The project recognised the
diverse needs of different cultures and so aimed to improve mechanisms for
safeguarding children and promoting good practice between statutory bodies,
local minority ethnic communities and faith groups.

[137]. Examples151 of direct participation of local communities from the Community

Partnership programme are as follows: (i) training sessions on spirit possession
with the Congolese Action Group, Sudan’s Women Group and relevant
statutory agencies and (ii) Working with supplementary schools run by the
Bangladeshi, Somali, Roma, Kosovan, Ethiopian and Southern Sudan
communities to provide training on the four areas of child abuse - female genital
mutilation, honour based violence, abuse linked to a belief in spirit possession
and child trafficking and exploitation.

148
National Society for the Prevention of Cruelty to Children (NSPCC) press release, Alert for
‘Invisible’ Children and Young People, 5 May 2008, available at:
http://www.nspcc.org.uk/whatwedo/mediacentre/pressreleases/alert_invisible_children_wdn5
7019.html (09.07.2008).
149
Information provided by Mandy John-Baptise, NSPCC, on 18.07.08.
150
London Safeguarding Children Board (2007) Community Partnership Project Report, p.23,
available at:
http://www.londonscb.gov.uk/files/conference07/community_partnership_project_30_nov_20
07.pdf (09.07.2008).
151
London Safeguarding Children Board (2007) Community Partnership Project Report, p.23,
available at:
http://www.londonscb.gov.uk/files/conference07/community_partnership_project_30_nov_20
07.pdf (09.07.2008).

39
 Thematic Study on child trafficking [United Kingdom]

[138]. AFRUCA received funding from the Home Office to hold a series of
Community focus meetings152 in 2006 on the trafficking of children into the
UK. The aims of the meeting was to gather views from members of the African
community across the capital about prevention, identification, protection and
rehabilitation of victims and provide feedback to government and the relevant
agencies concerned with trafficking of African children. A key outcome of this
meeting, now part of the UK Action Plan as a result of a consultation process,
addresses the trafficking of children through private fostering and for benefit
fraud.153

B.4. Policies to prevent that children in a

vulnerable position become victims of
trafficking [32].
[139]. The UKBA’s policies are geared to recognise children in vulnerable positions
and not by their immigration status. An example of such policy is the
Immigration Code of Practice154 which forms part of the Government work in
improving the welfare of asylum seeking children in the UK. There are no safe
houses providing 24-hour care and protection in the UK and many trafficked
children are referred to the local authority children’s service and usually end up
in foster care or hostels. Policy and guidance is generally provided under the
government’s Every Child Matters programme.

[140]. The Ports Safeguarding Team (Paladin Team)155 of the Metropolitan Police is
based at London Heathrow airport and the Home Office Asylum Screening
Unit. The team, made up of Child abuse investigators, work with Immigration
Officers and social workers in addressing child protection issues including
trafficking.

152
See http://www.afruca.org/events_archive.php (08.07.2008).
153
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.34.
154
Border and Immigration Agency (2008) Border and Immigration Agency Code of Practice
For Keeping Children safe from harm. Consultation, para 3.3 – 3.6, available at:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/closedcons
ultations/keepingchildrensafe/uasc_codeofpractice.pdf?view=Binary (09.07.2008).
155
See http://www.met.police.uk/scd/specialist_units/child_abuse.htm (09.07.2008).

40
 Thematic Study on child trafficking [United Kingdom]

C. Appointment of legal guardian

C.1. Appointment of a Legal Guardian [33].

[141]. Trafficked children who are separated from their legal guardians or parents
become the responsibility of the local authority under Section 17 or 20 of the
Children Act 1989. If they remain at risk of harm the ‘Working together to
Safeguard Children 2006’ statutory guidance states that there should be a
Section 47 investigation to assess their need and a child safety plan put in place.
As a looked after child the local authority and their representative social worker
act ‘in loco parentis.’156

[142]. The appointment of a legal guardian, organisation or authority with an

obligation to act in the best interests of the child, for any unaccompanied child
as soon as he or she has been identified as a victim of trafficking, is required by
Article 10(4) of the CoE Convention on Action against Trafficking in Human
Beings. In addition, the UK is bound by Directive 2003/9/EC, Article 19 of
which requires that unaccompanied child asylum seekers be provided, where
necessary, with representation by a legal guardian or an appropriate
organisation or other appropriate form of representation able to promote the
care and well-being of the child.

[143]. The current policy of the UK Government is that neither of these provisions
requires the establishment of a formal scheme for the automatic appointment of
a guardian when a child is identified as a trafficking victim; nor in its view is it
necessary in any case that such a scheme be established,157 whether or not the
unaccompanied child has been identified as a trafficking victim.158 This is
because all unaccompanied children seeking asylum in the UK come within the
provenance of child services authorities and Local Safeguarding Children
Boards (LSCB) or Child Protection Committees (CPC) (in Scotland), exercising
the duties to safeguard and promote the welfare of children in their area,
outlined in paras. 61-78 above, which devolve in practice to named case

156
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08.
157
UK Government (2007) UK Consolidated 3rd and 4th Periodic Report to the UN Committee
on the Rights of the Child, 15 July 2007, p. 149, para 8.12, available at:
http://www.everychildmatters.gov.uk/_files/0B51045676CEF239367221123B913E60.pdf
(10.07.2008).
158
See the Memorandum provided by Liam Burt, a Minister of State at the Home Office,
included as an appendix to the Joint Committee on Human Rights (2007) Seventeenth Report
of Session 2006-07, HLC Paper 134 HC 790, at para. 31, available at:
http://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/134/13402.htm
(22.06.2008).

41
 Thematic Study on child trafficking [United Kingdom]

workers. In addition, there are specific provisions to provide the assistance that
would be provided by a legal guardian in various circumstances.

[144]. However, it is the stated intention of the UK Government to ratify the CoE
Convention by the end of 2008,159 and so there will be a need for domestic law
to comply with Article 10(4) of the Convention. It seems, therefore, that it will
become the practice to appoint a legal guardian in line with this provision in the
UK in or on that event. The Scottish Executive has announced that it is working
with stakeholders to devise a Scottish model of guardianship and pilot that
model.160

[145]. Although there is at present in the UK no legal provision to require that a legal
guardian automatically be appointed when a child has been identified as a
victim of trafficking, the following forms of assistance, in addition to that
provided by local social service authorities and UK Border Agency (UKBA)
under the powers and duties described above, are available:

• The Refugee Council Children’s Panel (RCCP)161

The RCCP provides assistance to unaccompanied children seeking asylum,
in the form of (i) facilitating access to legal representation (ii) providing
advice and assistance through the asylum process (iii) accompanying the
child, where necessary, to asylum interviews, tribunal and panel hearings
and court appointments and (iv) accompanying the child where necessary to
other appointments, for example with health or social care providers.

• Legal Advice and Representation

A court may appoint a solicitor for a child who is able to give instructions,
and in the view of the court to do so is in the best interests of the child in
certain circumstances, for example when there is an application to make a
care or secure accommodation order162 in respect of that child. A child is
also entitled to legal advice and representation in respect of a claim for
asylum. Further information about this is given in chapter E, under the
section on access to legal assistance (paras.260-268).
• Appointment of a Court Official to safeguard the welfare of the child
A court official (the Official Solicitor in England and Wales or a Guardian
ad litem in Northern Ireland) can be appointed to act on behalf of a child,
including the provision of instructions to the legal representatives of a child

159
See Home Office Press Release (2008) Home Secretary Moves to Ratify the Council Of
Europe Convention Against Trafficking in 2008, 14 January 2008, available at
http://press.homeoffice.gov.uk/press-releases/Trafficking (30.07.2008).
160
See Scottish Executive (2008) Safeguarding children who may have been trafficked in
Scotland, p. 24.
161
See http://www.refugeecouncil.org.uk/howwehelp/directly/children (08.07.2008)
162
UK/ Children Act 1989 c.41 (16.11.1989), s41 (England and Wales); UK/ Children
(Northern Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art. 60.

42
 Thematic Study on child trafficking [United Kingdom]

in specified proceedings.163 This will be especially pertinent if the

instructions the child wishes to give are deemed not to be in his or her best
interests (a situation said to be not uncommon in child trafficking cases),
However, a court official cannot appear for the child in the early stages of
the asylum process, at UKBA interviews or before the Asylum and
Immigration Tribunal,164 although a child can be legally represented and
should only be interviewed in the presence of an adult who, if not a parent or
carer, must be a person independent of the Secretary of State.165
• Appointment of a Guardian or Special Guardian with parental powers in
private law hearings
- A ‘Guardian’ here means a person appointed by the court, either on the
application of that person or, in ongoing proceedings, on the initiative of
the judge, in a situation where no person has parental responsibility for a
child. The person appointed acquires parental responsibility for the
child.166
- A Special Guardian is a person appointed by the court in a situation
where arrangements for a child’s family life need to be set on a
permanent and secure footing and the parents of the child are unavailable
or unsuitable to care for the child but where, for example because of the
wishes of the child, adoption is not an appropriate option. The person
appointed acquires parental responsibility for the child.167

C.2. Age limit for qualifying for legal

representation [34].
[146]. There is no maximum age limit for qualifying for legal advice and
representation.. The courts will not ordinarily appoint a person to act as a
guardian once the child has obtained the age of 18, although the courts may
appoint the Official Solicitor to act on behalf of a person above that age if that
person is particularly vulnerable by reason of limited mental capacity. The
Mental Capacity Act 2005 also now provides a framework for the protection of
adults lacking capacity, including the appointment of a ‘deputy’ to make

163
UK/ Children Act 1989 c.41 (16.11.1989), s41 (England and Wales); UK/ Children
(Northern Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art. 60.
164
See Letter from the Immigrant Law Practitioners Association, 2 April 2008, available at:
http://www.ilpa.org.uk/submissions/Lord%20Adonis%20-%202%20April%202008.doc
(08.07.2008)
165
UK/ Consolidated Immigration Rules (June 2008), Rule 352, available at:
http://www.bia.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/
(08.07.2008).
166
UK/ Children Act 1989 c.41 (16.11.1989), s.5 (England and Wales). Section 6 provides that a
Guardianship Order may be revoked on the application of the guardian or the child or by the
court acting on its own initiative.
167
UK/ Children Act 1989 c.41 (16.11.1989), s.14A-14G (England and Wales).

43
 Thematic Study on child trafficking [United Kingdom]

decisions relevant to the welfare or affairs of the person in question. Mental

capacity may be limited for various reasons, including for example the effects
of trauma or abuse on the person concerned.

C.3. Age Assessment Policies [35].

[147]. The age of a trafficking victim is a vital question, in terms of immigration
status, entitlement to services, and the manner in which those services will be
provided. It is also a statistically significant issue: in 2006, of 5,515 people who
claimed asylum as an unaccompanied child, 2,270 had their age disputed by the
immigration authorities in the first instance.168

[148]. In a Home Office and Border and Immigration Authority document listing five
key reforms to improve the quality of services to unaccompanied asylum
seeking children (UASC), published in January 2008,169 key reform four is to
improve the system for assessing the age of those seeking asylum who claim to
be children, in order to ensure that adults and children are not housed together
in any accommodation provided for asylum seekers.

[149]. However, there is at present no statutory provision that deals with issues around
age assessment, and both the UKBA and local authority social services
departments have procedures for age determination. There is a Joint Working
Protocol on age assessment,170 agreed between immigration and social services
at senior management level. The Protocol aims to ensure that there is minimum
delay in decision-making, with clear and common procedures to consider all the
available evidence, and to ensure that information is shared between
immigration and social service agencies,171 although each service will make its
own assessment for its own purposes.

[150]. How the system works in practice172 depends on how a trafficking victim of
uncertain age first comes to the attention of the authorities. If a trafficking
victim is detected at a port of entry (or of departure), perhaps because an

168
Home Office (2007) Home Office Bulletin 14/07 Asylum Statistics United Kingdom 2006,
table 2.4., available at: http://www.homeoffice.gov.uk/rds/pdfs07/hosb1407.pdf (15.07.2008).
169
Home Office and Border and Immigration Authority (2008) Better Outcomes: The Way
Forward – Improving the care of unaccompanied asylum seeking children.
170
Immigration and Nationality Directorate (IND) and the Association of Directors of Social
Services (ADSS) (2004) Age Assessment Joint Working Protocol between Immigration and
Nationality Directorate of the Home Office and the Association of Directors of Social
Services For UK Local Government and Statutory Child Care Authorities, available at:
http://www.adss.org.uk/publications/guidance/ageassessment.pdf (26.06.2008). Hereinafter
referred to as Joint Working Protocol.
171
IND and ADSS (2004) Joint Working Protocol, para.5.
172
For a detailed empirical investigation, see Heaven Crawley (2007) When is a child not a
child? Asylum, age disputes and the process of age assessment. London: Immigrant Law
Practitioners’ Association, available at:
http://www.ilpa.org.uk/publications/ILPA%20Age%20Dispute%20Report.pdf. (27.06.2008).

44
 Thematic Study on child trafficking [United Kingdom]

immigration officer has cause to be suspicious that a child is being trafficked or

perhaps because the trafficking victim seeks asylum at the point of entry, the
UKBA will make an assessment of age173 and will give notice of its decision
and the reasons for it to the young person. If the outcome of that assessment is
that the young person in question is a child he or she will be referred to the local
social services authority in the absence of any other suitable carer,174 and the
social services authority should then carry out an assessment of the needs of the
child.

[151]. UKBA guidance provides that an applicant will be given the benefit of the
doubt when there is uncertainty about that person’s age, but it will dispute his or
her claimed age where ‘physical appearance and/or general demeanour very
strongly suggests that they are aged 18 or over’, and will treat as an adult any
claimant whose physical appearance and general demeanour suggest is
significantly over 18 years of age.175

[152]. A child trafficking victim may not be identified until after arrival in the UK.
Others will have been trafficked within the UK. Such an individual might
present themselves at a police station or social services facility, or might be
discovered as a result of law enforcement and child protection activities within
the UK or elsewhere. Here the primary issue will be the need of the child for
services rather than his or her immigration status. In this case, it will be the
social services authority for the area where the child is found that will undertake
an assessment of age if that is deemed necessary, in pursuance of its duty to
investigate where a child appears to be in need (see paras.61-78). The
assessment will ordinarily be undertaken by a social worker.

[153]. There is case law which provides some guidance and lays down some minimum
standards for age assessment by a social worker, although no case has yet
reached the appellate courts. The first of these cases, and the most important, is
R (B) v London Borough of Merton.176 In this case B had arrived in the UK from
Senegal. He claimed to be 17 years old. He sought asylum and was denied it by
an immigration officer on the grounds that his application for asylum had not
been made as soon as reasonably practical after his arrival.177 Part of that
assessment for eligibility for consideration for asylum entailed that B’s age be
assessed. The immigration officer determined that B was an adult. Thereafter B
was referred by the Refugee Council to the social services authority for the area
for assistance under section 17 of the Children Act 1989. The assessment of B’s
needs was undertaken by a social worker, R, who concluded that she was

173
Following the guidance issued by the UKBA (2007) Disputed Age Cases, available at:
http://www.opsi.gov.uk/Acts/acts2002/ukpga_20020041_en_1 (14.07.2008).
174
IND and ADSS (2004) Joint Working Protocol, para.10.c.
175
UKBA (2007) Disputed Age Cases, p.3, emphasis in original.
176
R (B) v London Borough of Merton [2003] EWHC 1689; 4 ALL E.R. 280. In interview for
this Report, David Macdonald, Vulnerable Persons Coordinator, Home Office, stated that the
Merton guidance was generally accepted as the best model for practice (17.07.08).
177
UK/ Nationality, Immigration and Asylum Act 2002 c.41 (07.11.2002), s.55, available at:
http://www.opsi.gov.uk/Acts/acts2002/ukpga_20020041_en_1 (14.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

‘taking the stance of the Home Office’,178 namely that B was not a child. B
sought judicial review of that decision.

[154]. The High Court decided the judicial review in B’s favour, but only on the
narrow grounds that the pro forma form used by R required that the assessor
give the person being assessed the chance to respond to the specific points that
the assessor was minded to hold against him or her; and R had not given B this
opportunity.179 The broader significance of the case is that the High Court
provided guidance on the legal requirements of the assessment process. The
main points of significance are as follows:

• There is no single or simple test for age determination and an assessor

should elicit and examine the history and background of the applicant,
including family circumstances and history, with appropriate recognition of
any cultural or ethnic factors,180 and any relevant prior statements of age
made by the applicant,181 as well as his or her physical appearance and
behaviour;182 although a decision should not rest solely on physical
appearance,183 except in an ‘obvious case’;184
• An assessment is not a trial and may be relatively informal, provided that
minimum standards of inquiry and fairness are adhered to;185 and the
applicant may be questioned about the evidence that he or she has given to
test its credibility;186
• Any decision must be based on adequate evidence;187
• If there is a prior-existing UKBA assessment of the applicant, a social
worker deciding age for the purposes of the provision of services for
children cannot simply accept that decision, albeit that it is a relevant
consideration, but must make his or her own judgement;188
• Adequate reasons for the decision must be given to the applicant so as to
enable him or her to understand the decision and to decide whether it is
lawful;189
• The court was not keen to impose what it described as ‘unrealistic and
unnecessary burdens’ on those required to assess age, for example requiring

178
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 13.
179
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 56.
180
R (B) v London Borough of Merton [2003] EWHC 1689, at paras. 30 and 37.
181
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 38.
182
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 30.
183
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 37.
184
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 38.
185
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 36.
186
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 37.
187
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 39.
188
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 39.
189
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 45.

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 Thematic Study on child trafficking [United Kingdom]

as a matter of law that medical evidence of age is obtained by those persons

before making a decision;190
• The court also held it to be ‘preferable’, but not essential, that, if required, an
interpreter should be physically present during the interview (as opposed to
being on the end of a phone line);191 and a verbatim note of the interview is
‘helpful’ but, again, not essential.192 On the other hand the court did also
emphasise that each case is different and the appropriate level and extent of
information required will vary from case to case.193 In some cases, a higher
standard of inquiry and procedural formality will be appropriate if the
assessment is to be held lawful.
[155]. The Court did not discuss explicitly the question of whether the applicant
should be given the benefit of any doubt. The tenor of the judgement does seem
however to suggest that this would not necessarily be the case. The judge was
clear that the burden of proving age was on the applicant not the service
provider.194 The nature of judicial review is such that the courts will only
intervene when there has been a manifestly unreasonable decision, which does
seem to indicate that in cases of doubt the assessor is lawfully entitled not to
give the benefit of any doubt to the applicant.

[156]. The Merton case was applied in R (T) v London Borough of Enfield,195 a case in
which a local authority social worker had assessed a young woman, T, who
claimed to be 17 years old, and who was seeking asylum from a very traumatic
life in Angola, as being an adult. That decision was successfully challenged in
the High Court on the basis that the person conducting the assessment had not
given sufficient weight to medical evidence of age, to psychological and
psychiatric evidence that T was suffering from post-traumatic stress disorder;
had not given T sufficient chance to answer questions; and had questioned her
in an unduly hostile manner. The Court emphasised that those conducting age
assessments must be sensitive to the presence of any psychological or mental
health difficulties that the young person may harbour as a result of trauma in his
or her history, and of the relevance of such difficulties to the attitude,
demeanour and answers given by the young person in interview.196

[157]. In England and Wales,197 and Northern Ireland,198 the courts have powers to
issue a direction that a local social services authority investigate the
circumstances of a child ‘Where, in any family proceedings in which a question

190
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 49-50.
191
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 52.
192
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 54.
193
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 50.
194
R (B) v London Borough of Merton [2003] EWHC 1689, at para. 50.
195
R (T) v London Borough of Enfield [2004] EWHC 2297 (Admin).
196
See also E (by her litigation friend PW) v London Borough of X [2005] EWHC 2811 (Fam)
and R(A) v Liverpool City Council [2007] EWHC 1477 (Admin) for further applications of
the Merton guidance.
197
UK/ Children Act 1989 c.41 (16.11.1989), s.37 (England and Wales).
198
UK/ Children (Northern Ireland) Order 1995 (No. 755 (N.I.2)) (15.03.1995), art. 56.

47
 Thematic Study on child trafficking [United Kingdom]

arises with respect to the welfare of any child, it appears to the court that it may
be appropriate for a care or supervision order to be made with respect to him’.
Thus, this power can only be used when there are already court proceedings
underway. In London Borough of Lambeth v TK (by her Litigation Friend) and
KK199 such a direction had been made, but the local authority had declined not
to apply for any order because in its view TK, the young person in question,
was not a child. The response of the court was to order that a hearing take place
for it to establish the age of TK. The local authority challenged this decision in
the courts, arguing that its assessment of TK’s age could not be challenged or
re-opened by the court, or by any other person or body, except by way of
judicial review.

[158]. The Court of Appeal rejected this argument, holding that the nature of the duty
on the court is to be satisfied that a care or supervision order was not necessary
and so it was open to the court in its discretion to order a hearing so that it could
determine TK’s age, although the court ‘must be satisfied that the proceedings
are not a contrivance in which, by the proposed direction, to secure the facility
to challenge a local authority's assessment of a person's age in a judicial enquiry
de novo which would run counter to the statutory scheme for the discharge of
local authority functions’.200

C.4. Specialised training of legal guardians

and the provision of adequate time for
the preparation of cases [36], [37].
[159]. As discussed above, it is not the policy in the UK to appoint a legal guardian for
a trafficked child on a routine basis. The training of professionals involved in
providing services to and safeguarding the welfare of child trafficking victims
has been discussed in paras. 109-116. As discussed in the section on access to
legal assistance below (paras. 260-268), all contracts made for the provision of
legal services to UASC are made only with specialist service providers. The
Immigrant Law Practitioners’ Association is an organisation of lawyers and
other related professions which provides specialist legal services and which
provides training and accreditation of expertise in all matters relating to
immigration, including people trafficking. Details of training programmes are
available at http://www.ilpa.org.uk/.

[160]. There is no direct or systematic evidence demonstrating that sufficient time for
the preparation of legal cases is available. It is hoped that this sort of data will
be made available under data collection programmes that began in April 2008

199
London Borough of Lambeth v TK (by her Litigation Friend) and KK [2008] EWCA Civ 103.
200
London Borough of Lambeth v TK (by her Litigation Friend) and KK [2008] EWCA Civ 103,
para. 33.

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 Thematic Study on child trafficking [United Kingdom]

(see section on data collection mechanisms, paras.91-96). The standard

processing time for a typical asylum claim by a child is 35 days. This time
scale, rather than that which pertains to adults, is also followed in cases in
which UKBA dispute the claimed age of the applicant (and such persons are no
longer put on the ‘detention fast track’, under which claims are determined
within days of initial application.

D. Coordination and cooperation

D.1. Existence of a formalised Task Force on
child trafficking [38].
[161]. The main formalised task force on trafficking in human beings is the UK
Human Trafficking Centre (UKHTC), the multi agency body tasked with
developing expertise and co-ordinating operational activity with agencies in the
UK and abroad. UKHTC utilises law enforcement expertise and a victim
centred approach by working with the Child Exploitation and Online Protection
(CEOP) Centre, the Serious Organised Crime Agency (SOCA) and NGOs.

[162]. UKHTC has prevention subgroups which focus on prevention and awareness
raising campaigns in source and transit countries.201 UKHTC has work streams
in Research, Prevention, Victim Care, Learning and Development, Operations
and Intelligence. Each of these work streams has a subgroup.202 Other sub
groups are the UKHTC Overview and Advisory Group, the child protection
victim care group of the UKHTC and the Independent Advisory Group to the
UKHTC.

[163]. CEOP, affiliated to SOCA has the responsibility of intelligence analysis of child
trafficking in the UK and provides a specialist, child-focused approach to
tackling child trafficking. CEOP also works with law enforcement partners in
UKBA, specialist charities and NGOs203 and have established an
ACPO204/CEOP Child trafficking steering group, a police strategic group
chaired by the Director General of CEOP.

[164]. Other groups are the National Society for the Prevention of Cruelty to Children
(NSPCC) Child Trafficking helpline advisory group, the Joint Ministerial NGO
stakeholder group on human trafficking which holds bi-monthly meetings

201
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.9.
202
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.19.
203
See http://www.ceop.gov.uk/about/child_trafficking.asp (09.07.2008).
204
Association of Chief Police Officers (ACPO), which covers police service in England, Wales
and Northern Ireland).

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 Thematic Study on child trafficking [United Kingdom]

organised by the Home Office Minister and the Solicitor General and the Home
Office-NGO Steering Group focuses on child trafficking.205

D.2. Existence of cooperation agreements

concerning child trafficking between
relevant Ministries [39].
[165]. The Inter-Departmental Ministerial Group (IDMG)206 is chaired by the Under-
Secretary of State for the Home Office and meets four times a year.207 The
group has representatives from the Department for Children, Schools and
Families; the Department for International Development, the Department for
Work and Pensions (Minister for Equality), the Solicitor General, the Foreign
and Commonwealth Office (FCO), the Department of Health, the Department
for Communities and Local Government and the Scotland Office.208 The group
is supported by the Human Trafficking NGO Advisory Group on focusing on
victim support.209 A dedicated project team on trafficking was also set up within
the Border and Immigration Agency in May 2007 and this team also reports to
the IDMG.

D.3. Existence of cooperation agreements

between state agencies and non-
governmental actors [40].
[166]. See section on existence of specialised shelters for trafficked children (paras.
234-240).

205
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08.
206
See para.104.
207
House of Commons (HC) Debate (2006–07) 459, written answer column 1141W.
208
Information provided by David McDonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.2008.
209
Home Office and Scottish Executive (2007) UK Action Plan, p.48.

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 Thematic Study on child trafficking [United Kingdom]

D.4. Guidelines aimed at protecting personal

data of trafficked children [41].
[167]. The Information Commissioner's Office210 is the UK's independent authority set
up to promote access to official information and to protect personal information.
All organisations are legally bound to protect personal information. The Data
Protection Act211 places a legal obligation on organisations who process
personal information, to comply with eight important principles212 related to
privacy and disclosure. Nothing in this Act refers specifically to personal data
of the trafficked child. (See also Information Commissioner’s report 2008213)

[168]. The cross-government guidance, Information sharing: Practitioners’ guide.

Integrated working to improve outcomes for children and young people214 gives
information practitioners on the following: (i) how to exchange information
legally and professionally with respect to children and young people,215 (ii)
provides core guidance for practitioners on information sharing216 and (iii) sets
out further information to inform practitioners’ decisions on information
sharing.217

[169]. The IDMG on Human Trafficking is responsible for the monitoring of anti
trafficking initiatives in the UK and overseeing the ratification and
implementation of the CoE Convention on Action against Trafficking in Human
Beings. The UKHTC has the responsibility for the collation of all data relating
to the recording of trafficking cases. This is in the early stages of development.

[170]. However, in 2004, the Bichard Enquiry report218 was published. The enquiry
focussed on child protection procedures particularly in relation to record
keeping and information sharing of intelligence data within police forces.
Recommendation 1 of the report gives the Home Office full responsibility

210
See http://www.ico.gov.uk/ (09.07.2008).
211
UK/ Data Protection Act 1998 c.29 (16.07.1998), available at:
http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_1 (09.07.2008). Further
information: http://www.ico.gov.uk/Home/what_we_cover/data_protection.aspx
(09.07.2008).
212
See http://www.ico.gov.uk/Home/what_we_cover/data_protection/the_basics.aspx
(09.07.2008).
213
Information Commissioner’s Office (2008) Annual Report 2007/8, available at:
http://www.ico.gov.uk/upload/documents/library/corporate/detailed_specialist_guides/annual
_report_2007_08.pdf (07.07.2008).
214
HM Government (2006) Information sharing: Practitioners’ guide. Integrated working to
improve outcomes for children and young people, available at:
http://www.everychildmatters.gov.uk/_files/ACB1BA35C20D4C42A1FE6F9133A7C614.pdf
(09.07.2008). Hereinafter referred to as Practitioner’s Guide.
215
HM Government (2006) Practitioners’ guide, p.5.
216
HM Government (2006) Practitioners’ guide, p.7.
217
HM Government (2006) Practitioners’ guide, p.13.
218
Sir Michael Bichard (2004) The Bichard Inquiry Report, available at:
http://www.bichardinquiry.org.uk/10663/report.pdf (09.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

(responsibility for this has now moved to the National Policing Improvement
Agency (NPIA)) for a national IT system for England and Wales to support
police intelligence, including personal data of children.

[171]. The Home Office, the Department for Children, Schools and Families (DCSF),
the Scottish Government and UKBA are implementing a process for vetting and
approving addresses and carers for unaccompanied children applying to stay in
UK in excess of 28 days 2008.219 Data issues will be addressed as part of this
process.

D.5. Existence of cooperation agreements

with countries of origin outside the EU
[42].
[172]. UKBA’s programme, Organised Immigration Crime: Source and Transit
Countries (Nexus Points) involves developing knowledge on trafficking from
key source and transit countries that impact the UK. Based in 40 different
countries are 140 Liaison Officers who work alongside the Serious and
Organised Crime Agency (SOCA) priorities including human trafficking.220

D.6. Support programmes in countries of

origin or within the EU [43].
[173]. In the Updated UK Action Plan 2008,221 actions around capacity building in
source and transit countries relating to organised immigration crime including
human trafficking will be progressed by the Home Office, FCO and SOCA. In
addition, the European Police Chiefs Task Force is carrying out work around
cooperation agreements.

[174]. The G6 Initiative222 coordinates an international campaign of activity to tackle

the trafficking of human beings. Ireland, UK, Netherlands, Poland, Italy and
Spain are participating in the Initiative which is being supported by Europol,
Interpol and Eurojust.

219
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.62, action 60.
220
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.39.
221
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.38, action 8.
222
See
http://www.justice.ie/en/JELR/Pages/Lenihan%20welcomes%20launch%20of%20G6%20Hu
man%20Trafficking%20Initiative (09.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

[175]. British Police have been working with their counterparts in Romania. Four
Romanian police officers are now working in Britain.

[176]. A Home Office working group that is working with the seconded Romanian
police officers are looking at the issue of what should happen to trafficked
children and how they can be safely sent back to Romania.223

223
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08.

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 Thematic Study on child trafficking [United Kingdom]

E. Care and protection

E.1. Legal Provisions ensuring respect for a
reflection period of minimum 30 days
[44].
[177]. At present there is no statutory provision in UK law which provides for a period
of reflection. However, the use of a 30 day reflection period has been piloted in
the UK, for example as a component of a recent and successful multi-agency
anti-trafficking law enforcement and victim rescue operation.224 In addition, it
has been announced that the UK Government intends to implement a reflection
and recovery period of 45 days,225 with the implementation date set at April
2009.226

E.2. Legal Provisions ensuring a

right/entitlement to residence to
trafficking victims, irrespective of
cooperation with police/prosecutor [45].
[178]. Any decision about entitlement to residence in the UK, whether on a permanent
or a temporary basis, is made irrespective of whether the person seeking
permission to stay in the country has cooperated in an investigation or
prosecution of those carrying out the trafficking, although guidance to
immigration officials requires that when an applicant for asylum does indicate a
wish to co-operate with investigations, consideration must be given to whether
that strengthens the claim for asylum.227 This may be so, for example, because
co-operation entails a risk of traffickers carrying out reprisals to a victim who
co-operates with law enforcement agencies.

224
This was known as Operation Pentameter 2, discussed in para.95.
225
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.3, 5 and 6.
226
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.55.
227
UKBA (2008) Victims of Trafficking, available at:
http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/asylumprocessguidan
ce/specialcases/guidance/victimsoftrafficking.pdf?view=Binary (16.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

E.2.1.1. Residence Permits for Trafficking Victims.

[179]. There is no statutory regime which governs the entitlement to remain in the UK
of trafficking victims as such, nor is there currently any automatic legal right to
remain in the UK. However, it has recently been announced that, by April 2009,
the UK intends to implement measures allowing for the grant of a temporary
residence permit to trafficking victims, whether adults or children, with a
duration of one year in the first instance with the possibility of renewal.228

[180]. The criteria for the grant of a temporary residence permit are not yet clear,
although they will have to comply with Article 14 of the CoE Convention on
Action against Trafficking in Human Beings, which provides that a residence
permit can be issued either because of the personal circumstances of the subject
of the permit or in order to allow that person to co-operate with any criminal
proceedings.

E.2.1.2. Asylum, humanitarian protection and discretionary leave

to remain.
[181]. Children who have been trafficked into the UK from outside the EU may apply
for asylum, and are then considered within the regime for unaccompanied
asylum-seeking children (UASC). The definition of a UASC includes a child
who has entered the UK with an adult, but that adult is not their parent or legal
or customary carer, which means that children who are trafficked into the UK
by any other person are treated as a UASC.229 Most UASC have arrived in the
UK as a result of being smuggled or trafficked.

[182]. Many child trafficking victims do apply for asylum, or for humanitarian
protection, in the UK.230 The vast majority of claims for asylum from UASC are
made after entry to the UK,231 with the consequence that most claims for asylum
from UASC are determined at an Asylum Screening Unit rather than by an
immigration officer stationed at a port of entry.

[183]. The situation is complicated by the fact that there are concerns that some
trafficked children are told by their traffickers to apply for asylum (or
humanitarian protection or discretionary leave) as a mechanism to secure their

228
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.5-6 and 56.
229
UK Border and Immigration Authority (2005) Processing Asylum Applications from Children
p.7, available at:
http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/asylumprocessguidan
ce/specialcases/guidance/processingasylumapplication1.pdf?view=Binary (10.07.2008).
230
HM Government (2007) Safeguarding children, p.32.
231
Home Office (2007) Home Office Bulletin 14/07 Asylum Statistics United Kingdom 2006
shows that of the 3,245 applications for asylum made by those aged 17 or under in 2006, only
390 were made at the port of entry compared to 2,860 applications made by children already
in the UK at the time asylum was sought.

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 Thematic Study on child trafficking [United Kingdom]

entry into the UK.232 Once in the UK, some trafficked children abscond from
accommodation provided by social services authorities and rejoin their
trafficker.

[184]. One measure to be taken in order to break this pattern is the use of a specialist
network of local authorities with the expertise necessary to adequately protect
trafficked children.233 This is partly an administrative measure, designed to take
the pressure off local authorities in the south east of England, particularly
around the London airports, where most children seeking asylum are currently
accommodated. It is also an attempt to develop expertise and high quality inter-
agency networks in a number of local authority areas with respect to identifying
and providing for the particular needs of trafficked children, for example in
respect of healthcare and education services (see paras. 241-259 below); the
provision when necessary of secure accommodation (see paras. 217-227 below)
in an environment which is sensitive to these needs; and the provision of after
care services for trafficked children leaving care (see para. 77 above). The
reduction of the number of children absconding from local authority
accommodation is a key motivation for the development of this specialist
network, in respect of which discussions between the UKBA and selected local
authorities are ongoing (see, generally, para. 240 below).

[185]. Nonetheless, such concerns may impact on the decision-making process

undertaken by an immigration officer when determining whether a claim for
asylum, humanitarian protection or discretionary leave should be accepted.234

[186]. In general terms, the same asylum system that applies to adults applies also to
children. Asylum is granted by the Home Secretary in accordance with the
provisions of the Geneva Convention of 1951,235 that is to say, the person

232
Home Office and Scottish Executive (2007) UK Action Plan, p.66. Research published by the
Home Office and the Border and Immigration Authority found that the UK’s systems of child
protection and the granting of asylum ‘seem to be blatantly exploited by traffickers who evade
authorities and keep control of these children’: see Child Exploitation and Online Protection
(CEOP) Centre (2007) A Scoping Project on Child Trafficking in the UK, p. 46.
233
Home Office and Border and Immigration Authority (2008) Better Outcomes: The Way
Forward – Improving the care of unaccompanied asylum seeking children, key reform four.
In early 2008 it was reported that although the initial consultation postulated that around 50 or
60 local authorities could constitute a network of specialist provision for UASC, UKBA was
in consultation with a much smaller group of local authorities, in Liverpool, Leeds, Glasgow,
Swansea and Solihull (Birmingham). See Amy Taylor (2008) Plans to reduce support for
older unaccompanied asylum-seeking children, available at:
www.communitycare.co.uk/Articles (09.07.2008).
234
According to the Scottish Refugee Council (2007) Evidence submitted to the Independent
Asylum Commission, para. 4.1.3, available at:
http://www.scottishrefugeecouncil.org.uk/pub/Response_IAC_Nov07 (19.08.2008) ‘Scottish
Refugee Council is concerned that the Border and Immigration Agency perceives the majority
of children’s claims for asylum to be unfounded and abusive’.
235
See UK/ Consolidated Immigration Rules (June 2008), Rule 334, made by the Secretary of
State under powers given by section 3(2) Immigration Act 1971. See also UK/Refugee or
Person in Need of International Protection (Qualification) Regulations 2006 No.2525
(09.10.2006), available at: http://www.opsi.gov.uk/si/si2006/20062525.htm (16.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

seeking asylum does not wish to return to his or her home country ‘owing to
well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such fear, is unwilling to
avail himself of the protection of that country’.

[187]. The person in question must also (i) be in the UK or at a port of entry; (ii) not
constitute a danger to the security or to the safety of communities within the
UK.236 These considerations apply in all cases, including those of a UASC.237

[188]. If a child trafficking victim seeking asylum does not fall within the Geneva
Convention definition of a refugee, he or she may be eligible for humanitarian
protection, which includes permission to remain in the UK.238 The criteria for
the provision of humanitarian protection239 are that the person in question (i) is
in the UK or is at a port of entry; (ii) is not eligible for asylum under the terms
of the Geneva Convention and (iii) ‘substantial grounds have been shown for
believing that the person concerned, if he returned to the country of return,
would face a real risk of suffering serious harm and is unable, or, owing to such
risk, unwilling to avail himself of the protection of that country’.

[189]. ‘Serious harm’ is defined as comprising (i) the death penalty (ii) unlawful
killing (iii) a serious risk to life or person because of indiscriminate violence in
situations of armed conflict and, of most relevance here, (iv) torture or inhuman
or degrading treatment in the country of return. This will be particularly
relevant, for example, if there are concerns that, if returned, the child would
again fall into the hands of traffickers and be trafficked again.

[190]. If a young person under 18 does not meet the criteria for asylum or
humanitarian protection, the question is then whether he or she should
nonetheless be granted Discretionary Leave (DL) to remain in the UK. DL will
only be granted for a maximum of three years in the first instance.240 The
criteria for DL are to be found in the policy guidance issued by the Home Office
and the UK Border Agency (UKBA) to immigration officers.241 This provides
that DL to remain should be granted in all cases, whether child or adult, (i)
when to organise the removal of that person to the country of return would
breach his or her rights under Article 8 ECHR on the basis of family life
established in the UK; (ii) when to organise the removal of that person to the
country of return would breach his or her rights under Article 3 ECHR in a case

236
UK/ Consolidated Immigration Rules (June 2008), Rule 334.
237
UK/ Consolidated Immigration Rules (June 2008), Rule 351.
238
UK/ Consolidated Immigration Rules (June 2008), Rule 339E.
239
UK/ Consolidated Immigration Rules (June 2008), Rule 339 C.
240
See UKBA (n.d.) Asylum Policy Instructions: Discretionary Leave, p.8, available at:
http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/asylumpolicyinstructi
ons/apis/discretionaryleave.pdf?view=Binary, (04.07.2008).
241
See UKBA (n.d.) Asylum Policy Instructions: Discretionary Leave, p.8.

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 Thematic Study on child trafficking [United Kingdom]

where that person is not eligible for humanitarian protection,242 or because the
feared breach of Article 3 is not related to a failure to protect that person in the
country of return, for example where the breach of Article 3 relates to a serious
medical condition or severe humanitarian concerns, such as an absence of basic
amenities in the country of return.

[191]. DL to remain should also be granted, but only to an unaccompanied asylum-

seeking child, if there are not appropriate arrangements in the country of return
to receive the child if returned.

[192]. In such a case it is the usual practice for DL to be granted for either three years
or one year, depending on the country of origin; or until the child reaches 17.5
years of age, whichever is the shorter period. The age limit was reduced to 17.5
years from 18 years in 2007.243 This is to enable a final decision to be made on
any application for permanent or open-ended leave to remain in the UK to have
been conclusively determined by the 18th birthday of the child.

[193]. If any or all applications made by a trafficked child for asylum, humanitarian
protection and DL to remain are rejected, then, although ‘Any decision that a
UASC is excluded from DL should be referred to the Children and Families
Asylum Policy Team (CFAPT)’ in order for it to be reviewed,244 guidance
issued by HM Government in 2008 provides that ‘the child will usually have to
return’245 to his or her country of origin.

E.3. Number of children granted temporary

stay on grounds of trafficking (2000-
2007) [46].
[194]. According to a study conducted by ECPAT UK (End Child Prostitution, Child
Pornography and the Trafficking of Children for Sexual Purposes),246 there were
6000 unaccompanied asylum seeking children in England and Wales between
2002 and 2005. The Home Office believes that at least 10% of the 6000

242
This will usually be because that person has committed a war crime or a crime against
humanity, or constitutes a danger to the security of the UK: see UK/ Consolidated
Immigration Rules (June 2008), Rule 339D.
243
See Home Office (2007) APU Notice 3/2007, Amendment to Discretionary Leave Policy
relating to Asylum Seeking Children, available at:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/asylumpolicyinstru
ctions/apunotices/amendmenttodlpolicyasc.pdf?view=Binary (04.07.2008).
244
UKBA (n.d.) Asylum Policy Instructions: Discretionary Leave p.8.
245
HM Government (2007) Safeguarding children, para 7.44 and Scottish Executive (2008)
Safeguarding children who may have been trafficked in Scotland, p. 36.
246
ECPAT UK (2007) Missing Out - A Study of Child Trafficking in the North-West, North-East
and West Midlands, p.22, available at
http://www.ecpat.org.uk/downloads/ECPAT_UK_Missing_Out_2007.pdf (09.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

unaccompanied asylum seeking children may have been trafficked and as such
it is necessary to have a National Referral Mechanism to get a true figure of
missing and trafficked children.

[195]. There is no data available on the number of children granted temporary stay on
grounds of trafficking. However, the most recent set of annual asylum statistics
available, for 2006,247 show that 2,545 initial decisions (not including any
appeals) were made in 2006 in relation to UASC aged 17 or less, of whom 180
(6%) were granted asylum, 10 (0.4%) were granted humanitarian protection,
1,925 (70%) were given DL to remain and 435 (16%) were refused any of the
above.248

E.4. Legal Framework concerning

administrative detention/detention
pending deportation for children [47].

E.4.1.1. Detention under Immigration Law.

[196]. There is no explicit prohibition of the administrative detention or detention
pending deportation of a child trafficking victim in the UK. In general terms,
detention by immigration authorities is used (i) to prevent unauthorised entry
into the UK; (ii) to facilitate removal or deportation from the UK; (iii) to
facilitate investigation of a person’s identity or the basis of his or her claim; (iv)
where there are reasonable concerns that the person detained would fail to
comply with any condition attached to leave to enter the UK; and (v) to
facilitate the resolution of claims by the ‘fast track’ procedure 249

[197]. At the time of writing, the UK’s reservation to its ratification of the UN
Convention on the Rights of the Child (UNCRC) remains in force. This
provides that ‘The United Kingdom reserves the right to apply such legislation,
in so far as it relates to the entry into, stay in and departure from the United
Kingdom of those who do not have the right under [United Kingdom] law to
enter and remain in the United Kingdom, and to the acquisition and possession
of citizenship, as it may deem necessary from time to time’.250

247
Home Office (2007) Home Office Bulletin 14/07 Asylum Statistics United Kingdom 2006.
248
Home Office (2007) Home Office Bulletin 14/07 Asylum Statistics United Kingdom 2006,
paras. 10 and 12.
249
This explanation was given by the Home Office to the Joint Committee of the Houses of
Commons and Lords and was cited by the Joint Committee at para. 210 and Appendix 69 of
its Tenth Report of 2006-07, The Treatment of Asylum Seekers HL 81-I/HC 60-I available at:
http://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/81/8102.htm (11.07.2008).
250
See http://www2.ohchr.org/english/bodies/ratification/11.htm#reservations (04.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

[198]. One effect of the UK’s reservation is that the various general principles which
are found in the UNCRC, in particular the best interests of the child principle in
Article 3(1), do not bind the UK for immigration law purposes. The detention of
a child victim of trafficking for reasons relating to immigration status or in
order to facilitate the removal of that child is therefore not of itself unlawful
under UK law.

[199]. Various parties, including the UN Committee on the Rights of the Child, have
called on the UK Government to withdraw the reservation.251 In January 2008
the Home Office announced a review of the UK position with a view to
deciding whether its reservation to the UNCRC could be withdrawn.252 The
process of review is continuing at the time of writing.

[200]. The administrative detention or the detention pending deportation, of any

person, including a child, who is seeking leave to enter the UK or whose leave
to enter has been rescinded is authorised by para. 16 of Schedule 2 to the
Immigration Act 1971.253 A detained person may be kept in any place authorised
by the Secretary of State.254 Detention will in general terms be compliant with
Article 5(1)(f) of the European Convention if its use proportionate.

[201]. The Nationality, Immigration and Asylum Act 2002 specifically provides that an
unaccompanied child seeking asylum cannot be accommodated within an
Accommodation Centre (set up under section 17 of the 2002 Act to provide
accommodation for asylum-seekers and dependent children if destitute or likely
to become destitute without the provision of such accommodation) because an
asylum-seeker for these purposes is defined by section 18 as a person who is at
least 18 years old, and the only children who can be accommodated in an
accommodation centre are the dependent children of that (adult) asylum-seeker.

[202]. However, some who arrive in the UK, or who are detained at a port of departure
from the UK because of concerns that their departure involves the commission
of a trafficking offence or because an application for asylum is made at that
point, may be below the age of 18 at the time they are trafficked but may pass
their 18th birthday whilst matters relating to or responding to their trafficking are
still on-going. If in such circumstances that young person sought asylum it is
possible that a trafficked child would be accommodated in a centre of the type
referred to in section 17 of the 2002 Act.

251
See for example UN Committee on the Rights of the Child (1995) Concluding Observations:
United Kingdom of Great Britain and Northern Ireland CRC/15/Add.34, para. 22. The
Committee repeated the point in its following report in 2002, see Concluding Observations:
United Kingdom of Great Britain and Northern Ireland CRC/C/15/Add.188, paras. 6 and 7,
47 and 48(g).
252
See Home Office Press Release (2008) Home Secretary Moves to Ratify the Council Of
Europe Convention Against Trafficking in 2008, 14 January 2008.
253
UK/ Immigration Act 1971 c.77 (28.10.1971).
254
UK/ Immigration Act 1971 c.77 (28.10.1971), schedule 2, para. 18.

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 Thematic Study on child trafficking [United Kingdom]

[203]. It is also possible that siblings, one or more of whom is an adult and one or
more of whom is a child have been trafficked together. In such circumstances, it
is possible that the minor siblings would be regarded as the dependent children
of their adult brothers or sisters and, again, might be accommodated in an
accommodation centre.255

[204]. A child whose age is determined as being above 18 by an immigration officer

may be detained in an adult facility. The UK government has accepted that this
is a possibility and has pledged to improve the system for assessing the age of
those seeking asylum who claim to be children, in order to ensure that adults
and children are not housed together in any accommodation provided for
asylum seekers.256

[205]. The detention of adults with dependent children will be done only as a last
resort257 and will only be done after other possibilities, such as voluntary
departure have been explored.258

[206]. Detention of children by UKBA beyond 28 days must be justified and must be
reviewed by a Home Office minister. Detention beyond this point can only be
justified if there are no alternatives and will not lead to harm being caused
unnecessarily to the child.259 The decision of the Minister is subject to judicial
review by the High Court at the instigation of the detained person.

[207]. On the 29th March 2008 35 children under the age of 18 were detained solely
under Immigration Act powers. Of these, 20 of these had been in detention for
less than 29 days, 15 for between 29 days and two months and the remainder for
between two and three months. None of these was an unaccompanied child.260

[208]. The policy of the UK is that the detention of a child, whether or not a victim of
trafficking, should only occur as a last resort.261 If the detention of an
unaccompanied child is necessary at a port of entry or departure from or into the
UK, the draft Code of Practice states that this will be ‘only in exceptional

255
UK Border and Immigration Authority (2005) Processing Asylum Applications from Children
p. 6.
256
Home Office and Border and Immigration Authority (2008) Better Outcomes: The Way
Forward – Improving the care of unaccompanied asylum seeking children, key reform 4.
257
Home Office and Border and Immigration Agency (2008) The Border and Immigration
Agency Code of Practice for keeping children safe from harm, para 3.4.3.
258
Home Office and Border and Immigration Agency (2008) The Border and Immigration
Agency Code of Practice for keeping children safe from harm, para.3.4.6.
259
Home Office and Border and Immigration Agency (2008) The Border and Immigration
Agency Code of Practice for keeping children safe from harm, para.3.4.10.
260
Home Office (2008) Asylum Statistics First Quarter 2008 United Kingdom, p.10.
261
Home Office and Border and Immigration Agency (2008) The Border and Immigration
Agency Code of Practice for keeping children safe from harm, para. 3.4.1.

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 Thematic Study on child trafficking [United Kingdom]

circumstances and for their safety whilst alternative care arrangements are
made, and even then just normally overnight’.262

E.4.1.2. Detention by local social service authorities.

[209]. There will be occasions when the best interests of the particular child might
require some form of detention, for example if there are concerns that the child
may seek to abscond from accommodation provided, in order to be reunited
with his or her trafficker. However, if detention is required it should be
provided by the local social services authority.

[210]. As discussed in paras.73-78, local social services authorities have a duty to

provide accommodation on a voluntary basis, and it is the responsibility of
Local Safeguarding Children Boards (LSCB) (in England and Wales) or Area
Child Protection Committees (CPCs) (in Scotland) to facilitate communication
between agencies to ensure trafficked children are appropriately accommodated.

[211]. In some situations it may be that there is a need to take further steps to prevent
the child from absconding, whether or not it is known or suspected that the child
intends to abscond in order to meet with his or her trafficker or to avoid removal
from the UK. The availability in all UK jurisdictions of Emergency Protection
Orders (EPOs, known as Child Protection Orders in Scotland) and Child
Assessment Orders (CSAs) has been discussed in an earlier Chapter of this
Report.263 However, both of these Orders are designed for emergency and short-
term use.264 If it is necessary to restrict the child’s liberties for a period of more
than a week or so it will be necessary to use longer-lasting court orders.

[212]. In England, Wales and Northern Ireland ‘care orders’ are available, on the
application to a court of a local social services authority, and should be made by
the court if the child is suffering, or is likely to suffer, significant harm.265 A
care order may only be made in respect of a child before his or her 17th
birthday.266

[213]. On the making of a care order, the social service authority obtains parental
responsibility for the child and may, amongst other things, therefore regulate the

262
Home Office and Border and Immigration Agency (2008) The Border and Immigration
Agency Code of Practice for keeping children safe from harm, para 3.4.2.
263
See paras.68-72.
264
An EPO may be of 8 days maximum duration and is renewable only once: see for example
UK/ Children Act 1989 c.41 (16.11.1989), s. 45(1), 45(6) (England and Wales).
265
UK/ Children Act 1989 c.41 (16.11.1989), s. 31; UK/ Children (Northern Ireland) Order 1995
(No. 755 (N.I.2)) (15.03.1995), art.50.
266
UK/ Children Act 1989 c.41 (16.11.1989), s. 31(6); UK/ Children (Northern Ireland) Order
1995 (No. 755 (N.I.2)) (15.03.1995), art.50 (4). The age limit is 16 if the child is married.

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 Thematic Study on child trafficking [United Kingdom]

contact of the child with any other person and, with the permission of the court,
refuse contact between the child and any person named in the order.267

[214]. In Scotland the equivalent order is known as a supervision order.268 Such an

order may be made by a Children’s Hearing following referral by the Principal
Reporter269 in a case in which the Reporter has concluded following
investigations that such an order should be made because at least one of the
criteria laid out in Section 52 of the Children (Scotland) Act 1995270 is satisfied.

[215]. A supervision order may contain specifications, directed towards the local
social work department, as to where the child is to reside and with whom he or
she is to have, or not have, contact.271

[216]. These orders may go some way to allow the social services authority to fashion
a regime in which the child is accommodated safely and securely and which
may involve a, perhaps significant, degree of control. But for some cases a
stricter regime of detention may be required. This is known as ‘secure
accommodation’.

E.4.1.3. Detention in Secure Accommodation.

[217]. In all UK jurisdictions, secure accommodation is defined widely, as
‘accommodation which is provided for the purpose of restricting the liberty of
children’,272 and it will be a question of fact whether the accommodation in
question restricts the liberty of the child to the extent that it is deemed to be
secure accommodation.

[218]. Although local social services have dedicated secure accommodation estate, the
accommodation in question does not have to be designated as a place in which
children may be detained for it to come within the definition of secure
accommodation. In A Metropolitan Borough Council v DB,273 for example, that

267
UK/ Children Act 1989 c.41 (16.11.1989), s. 34(4); UK/ Children (Northern Ireland) Order
1995 (No. 755 (N.I.2)) (15.03.1995), art.53 (4).
268
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.70 (Scotland).
269
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.65 (Scotland).
270
The criteria in section 52 and the investigative powers of the Principal Reporter are discussed
in para.71.
271
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.70(3), 70(5), 71 (Scotland).
272
UK/ Children (Secure Accommodation) Regulations 1991 No.1505 (14.10.1991) (England
and Wales), Reg. 2(1), available at:
http://www.opsi.gov.uk/si/si1991/Uksi_19911505_en_1.htm (08.07.2008); UK/ Secure
Accommodation (Scotland) Regulations No.1255 (01.04.1997) (Scotland), Reg. 2, available
at: http://www.opsi.gov.uk/si/si1996/Uksi_19963255_en_1.htm (08.07.2008); UK/The Secure
Accommodation (Northern Ireland) Regulations 1996 No.487 (10.10.1996) (Northern
Ireland), Reg.1, available at: http://www.opsi.gov.uk/sr/sr1996/Nisr_19960487_en_2.htm
(08.07.2008).
273
A Metropolitan Borough Council v DB [1997] 1 FLR 767.

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 Thematic Study on child trafficking [United Kingdom]

High Court in England held274 that a hospital ward in which DB, a heavily
pregnant 17 year old girl, was held because she was refusing necessary medical
care and because of concerns that she would return to her boyfriend and a life of
serious drug abuse and prostitution, did constitute ‘secure accommodation’.
This was because the ward was locked (albeit to keep undesirable people out
rather than to keep the patients in), DB was not given a key, and nursing staff
had been instructed to prevent DB from leaving.275

[219]. Secure accommodation may only be used as a last resort. In England, Wales and
Northern Ireland the criteria to be satisfied are that the child ‘is likely to injure
himself or other persons’ if housed in any other form of accommodation,276 or
because the child has a history of absconding (from being ‘looked after’ by a
local authority),277 is ‘likely to abscond’ unless detained in secure
accommodation and, if he or she does abscond, is ‘likely to suffer significant
harm’.278

[220]. In Scotland, the criteria are ‘(a) that the child, having previously absconded, is
likely to abscond and, if he absconds, it is likely that his physical, mental or
moral welfare will be at risk or (b) that the child is likely to injure himself or
some other person’.279

[221]. A child can be placed in secure accommodation for a total of 72 (not necessarily
consecutive) hours within any 28 day period without a court order.280 If a longer
period of detention is required, a Secure Accommodation Order must be made
by a court (or in Scotland, by a Children’s Hearing), it having first determined
that the above criteria are satisfied.281 In England, Wales and Northern Ireland,
the child in question must be legally represented, funded by the state, at a
hearing to determine if a secure accommodation order should be made, unless

274
A Metropolitan Borough Council v DB [1997] 1 FLR 767, 773E-F.
275
See also R v Northampton Juvenile Court, ex parte London Borough of Hammersmith and
Fulham [1985] 1 FLR 193.
276
UK/ Children Act 1989 c.41 (16.11.1989), s. 25(1)(b); UK/ Children (Northern Ireland) Order
1995 (No. 755 (N.I.2)) (15.03.1995), art. 44(2)(b).
277
UK/ Children Act 1989 c.41 (16.11.1989), s. 25(1)(c); UK/ Children (Northern Ireland) Order
1995 (No. 755 (N.I.2)) (15.03.1995), art. 44(2). This terms refers both to the voluntary
provision of accommodation and the formal powers to take a child into local authority care
under section 31 Children Act 1989.
278
UK/ Children Act 1989 c.41 (16.11.1989), s. 25(1)(a); UK/ Children (Northern Ireland) Order
1995 (No. 755 (N.I.2)) (15.03.1995), art. 44(2) (a).
279
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.70(10).
280
UK/ Children (Secure Accommodation) Regulations 1991 No.1505 (14.10.1991) (England
and Wales), Reg. 10(1); UK/ Secure Accommodation (Scotland) Regulations No.1255
(01.04.1997) (Scotland), reg. 5; UK/The Secure Accommodation (Northern Ireland)
Regulations 1996 No.487 (10.10.1996) (Northern Ireland), reg. 6(1).
281
UK/ Children Act 1989 c.41 (16.11.1989), s. 25(3) and (4); UK/ Secure Accommodation
(Scotland) Regulations No.1255 (01.04.1997) (Scotland), reg. 5; UK/The Secure
Accommodation (Northern Ireland) Regulations 1996 No.487 (10.10.1996) (Northern
Ireland), Reg. 6(1).

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 Thematic Study on child trafficking [United Kingdom]

he or she does not wish to have legal representation.282 In Scotland, legal aid is
not available to fund legal representation in a hearing to determine whether a
secure accommodation order should be made before a Children’s Hearing as
such Hearings do not permit legal representation.

[222]. In Scotland, secure accommodation may be ordered by a Children’s Hearing on

hearing an application for the use of compulsory measures of supervision, and
the accommodation must be supplied by the local authority.283

[223]. In England, Wales and Northern Ireland a secure accommodation order is a

distinct order, and must be applied for separately,284 whether or not the child in
question is in local authority care, and secure accommodation may be utilised
by local social services authorities, as well as health and education service
providers and the police.285

[224]. In England, Wales and Northern Ireland, secure accommodation may not be
used in respect of a child being looked after by a local authority once that young
person has reached the age of 16;286 and no child under the age of 13 may be
placed in secure accommodation in a local authority childrens’ home without
the consent of the Department of Health and Social Services (in Northern
Ireland)287 or the Secretary of State (in England and Wales).288

[225]. In England, Wales and Northern Ireland an Order must be time-limited289 and in
any case cannot extend beyond 3 months in the first instance,290 although an
existent order can be extended by a further court order to a maximum of 6

282
UK/ Children Act 1989 c.41 (16.11.1989), s. 25(6); UK/ Children (Northern Ireland) Order
1995 (No. 755 (N.I.2)) (15.03.1995), art. 44.
283
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.70(9), 70(9A), 70(10).
284
UK/ Children Act 1989 c.41 (16.11.1989), s.25; UK/ Children (Northern Ireland) Order 1995
(No. 755 (N.I.2)) (15.03.1995), art. 44.
285
See UK/ Children (Secure Accommodation) Regulations 1991 No.1505 (14.10.1991)
(England and Wales), Reg.7(1), which lists health authorities, Primary Care Trusts, National
Health Service trusts, foundation trusts, local education authorities, and residential care
homes, nursing homes or mental nursing homes which provide accommodation for children
as all being entitled to use secure accommodation. In addition reg. 6 permits the use of secure
accommodation in respect of children detained by the police. The criteria for detention are
modified in such circumstance: see regs 6 and 7.
286
UK/ Children (Secure Accommodation) Regulations 1991 No.1505 (14.10.1991) (England
and Wales), Reg. 5(2)(a); UK/The Secure Accommodation (Northern Ireland) Regulations
1996 No.487 (10.10.1996) (Northern Ireland), reg. 3(2). An order made before the child’s 16th
birthday continues in force for the full extent of its duration notwithstanding that the child
turns 16 whilst the order is in force: Re G (A Child) (Secure Accommodation Order) [2000] 2
FLR 259.
287
UK/The Secure Accommodation (Northern Ireland) Regulations 1996 No.487 (10.10.1996),
reg. 2.
288
UK/ Children (Secure Accommodation) Regulations 1991 No.1505 (14.10.1991), reg. 4.
289
UK/ Children Act 1989 c.41 (16.11.1989), s.25(4) (England and Wales); UK/The Secure
Accommodation (Northern Ireland) Regulations 1996 No.487 (10.10.1996), reg. 7.
290
UK/ Children (Secure Accommodation) Regulations 1991 No.1505 (14.10.1991), reg.11(1);
UK/The Secure Accommodation (Northern Ireland) Regulations 1996 No.487 (10.10.1996),
reg. 7(1).

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 Thematic Study on child trafficking [United Kingdom]

months.291 If the criteria for the use of secure accommodation cease to be met
whilst the Order is still in force the child must nonetheless be released: LM v
Essex CC,292 although it is not currently clear if that must be immediate.293 In
Scotland, a secure accommodation order is not time limited, but continues in
force as long as the manager of the accommodation in which the child is placed
and the chief social worker of the local authority in question regard the order as
necessary,294 although the continued subsistence of the order must be subject to
regular reviews.295

[226]. In Re K (A Child) (Secure Accommodation Order: Right to Liberty)296 the use of

secure accommodation survived challenge under Art 5(1) of the European
Convention, in a case in which a child was detained by reason of being beyond
parental control. The Court of Appeal held although detention in secure
accommodation was of the type covered by Art 5(1),297 its use did not in
principle breach that Article. The court made reference to Art 5(1)(d), which
permits ‘the detention of a minor by lawful order for the purpose of educational
supervision…’. This, held Lady Butler-Sloss, the President of the Family
Division of the High Court,298 provides a justification for the use of secure
accommodation. In that case, as is usual, K was in fact continuing with his
education whilst in secure accommodation, as required by statute, so that it
could be said that secure accommodation was ‘for the purposes of educational
supervision’ within the meaning of Art 5(1)(d) albeit that section 25 of the
Children Act 1989299 makes no mention of education.

[227]. It would also be possible to justify the use of secure accommodation by

reference to Art 5(1)(f), which allows ‘the lawful arrest or detention of a person
to prevent his effecting an unauthorized entry into the country or of a person
against whom action is being taken with a view to deportation or extradition’,
provided that its use was proportionate.

291
UK/ Children (Secure Accommodation) Regulations 1991 No.1505 (14.10.1991), reg.12(1);
UK/The Secure Accommodation (Northern Ireland) Regulations 1996 No.487 (10.10.1996),
reg. 8(1).
292
LM v Essex CC [1999] 1 F.L.R. 988 (High Court).
293
It is perhaps unlikely that a court would require immediate release in this context, given that
for adult patients the European Court has sanctioned delayed release, in cases where a
mentally disordered person has been determined eligible for release on the grounds that the
patient is no longer mentally disordered, in order to give time for a safe and controlled release
to occur: see Johnson v UK (1997) 27 EHRR 296. In A (A Child) v Knowsley BC [2004]
EWHC 491; [2004] 2 FLR 716 it was said by Charles J that judicial review is the most
appropriate mechanism to challenge unwarranted detention.
294
UK/ Children (Scotland) Act 1995 c.36 (19.07.1995), s.70(9)(b).
295
UK/ Secure Accommodation (Scotland) Regulations No.1255 (01.04.1997) (Scotland), regs.
11 and 15.
296
Re K (A Child) (Secure Accommodation Order: Right to Liberty) [2001] Fam 377; [2001] 2
WLR 1141.
297
Re K (A Child) (Secure Accommodation Order: Right to Liberty [2001] Fam 377 at 392, para
32.
298
Re K (A Child) (Secure Accommodation Order: Right to Liberty [2001] Fam 377 at 386.
299
The same is true of the legislation which applies elsewhere in the UK.

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 Thematic Study on child trafficking [United Kingdom]

E.5. Special safeguards for children who are

detained [48].
[228]. As explained above, children who are detained will only rarely be detained by
immigration authorities and then only for very short periods. If detention is
necessary it will be in local authority premises which are used only for the
detention of children. As also explained above, detention in secure
accommodation is either subject to strict maximum time limits (in England,
Wales and Northern Ireland) or to regular review (in Scotland). Any decision to
detain, whether by means of a care order or compulsory measures of
supervision falling short of secure accommodation, or in secure
accommodation, is subject to appeal and judicial review.

E.6. Family tracing [49].

[229]. In the UK, the government recognises that the best interest of the children
should be taken into consideration when deciding to return a child to their
country of origin. This includes providing for their safe resettlement and
repatriation. As a result of this and in the interest of immigration control, the
UKBA only return a child if they are completely satisfied that adequate
reception arrangements are in place.300 This process involves a risk assessment
process that considers the abusers access to the child and their family. UKBA
plan the timing and nature of the return to country of origin.

[230]. The Government has voluntary return programmes for victims of trafficking
from the European Economic Area.301 The Government works with the
International Organization for Migration, the Poppy project and others to help
victims return voluntarily to their home country.

[231]. Regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005302

requires the Secretary of State, to endeavour to trace the child’s family as soon
as possible after the child makes an asylum application.

[232]. However, the policy of UKBA is that family tracing can only commence once
an application for asylum has been determined, unless the child requests earlier
commencement. UKBA will enlist the help of British Embassies or High

300
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.22.
301
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.31.
302
UK/The Asylum Seekers (Reception Conditions) Regulations 2005 No.7 (05.02.2005),
available at: http://www.opsi.gov.uk/si/si2005/20050007.htm (14.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

Commissions and charitable organisations such as the British Red Cross to

assist in family tracing.303

[233]. A local authority may also engage in family tracing for children that it is
looking after. Government guidance to all agencies requires that family tracing
only be undertaken if that is consistent with the welfare of the child and that it
be done with discretion and caution, and following the performance of a risk
assessment of the possible dangers of repatriation.304 In any event local
authorities must act in the best interests of the children they are looking after.305

E.7. Existence of specialised shelters [50].

[234]. The London Refuge for Runaway Children is run in partnership with the
National Society for the Prevention of Cruelty to Children (NSPCC)306 and
provides secure accommodation for vulnerable children including those that
have been trafficked.

[235]. Outside of local authority care, there are no specific provisions for specialised
shelters for trafficked children. However, the Poppy Project, set up in 2003,
provides accommodation and support to women who have been trafficked into
prostitution. This service is only available to adult victims aged over 18 years of
age. It provides 35 bed spaces in houses throughout London. Proposals are
being developed to use the Poppy project model for victim support.307

E.8. Statistics of children who leave shelters

[51].
[236]. The UK has made proposals to reduce the number of foreign trafficked children
going missing or at risk of being trafficked from Local authority care in its UK
Action Plan 2007. The Government guidance Young Runaways Action Plan
2008308 addresses the issue of runaways, missing and trafficked children. It will

303
UK Border and Immigration Authority (2005) Processing Asylum Applications from Children
p. 37. For information about the British Red Cross international family tracing service, see
http://www.redcross.org.uk/standard.asp?id=238 (14.07.2008).
304
HM Government (2007) Safeguarding children, paras. 7.39 and 7.40.
305
See paras.73-78.
306
See http://www.stchris.org.uk/pages/what-we-do/london-refuge/the-london-refuge.html
(09.07.2008).
307
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.6.
308
HM Government (2008) Young Runaways Action Plan, available at:
http://www.dfes.gov.uk/publications/runaways/downloads/YoungRunawaysActionPlan.pdf
(09.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

be supported by the guidance Children Missing from Care and Home309

(currently under revision) and Every Child Matters and the Unaccompanied
Asylum Seeking Child Reform Program.310

[237]. In 2007, ECPAT UK (End Child Prostitution, Child Pornography and the
Trafficking of Children for Sexual Purposes) released findings of their study
into missing children that focussed on three major cities in the UK. The
findings311 by ECPAT showed that there were 80 cases of known or suspected
victims of trafficking with 60% (48) of those cases being children who had gone
missing from the care of Social Services.

[238]. The scoping report by the Child Exploitation and Online Protection Centre
(CEOP)312 provides evidence of child trafficking into and within the UK. 330
children were identified as trafficked cases after CEOP fitted each to a child
trafficking profile developed by the LSCB. Within that report, over half of the
children identified were found to be missing, some from care.

[239]. Between 2004 and 2007, London Gatwick Airport children's team at West
Sussex County Council admitted 145 unaccompanied minors into care. The
council lost 42 of these children.313

[240]. More than 400 foreign children, many suspected of being trafficked into the sex
or drug trade in Britain, have gone missing from local authority care.314
According to records in July 2004 and July 2007 from 16 local authorities
around England’s ports and airports, an estimated 408 unaccompanied asylum
seekers children disappeared from care. See also para. 184.

309
Department of Health, Local Authority Circular (2002) Children missing from care and from
home – Good practice guidance, available at
http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digital
asset/dh_4012718.pdf (09.07.2008).
310
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.69, action 79.
311
ECPAT UK (2007) Missing Out - A Study of Child Trafficking in the North-West, North-East
and West Midlands, available at
http://www.ecpat.org.uk/downloads/ECPAT_UK_Missing_Out_2007.pdf (09.07.2008).
312
Child Exploitation and Online Protection (CEOP) Centre (2007) A Scoping Project on Child
Trafficking in the UK.
313
‘Saved from child traffickers, but not for long’, The Guardian, 23 April 2008, available at
http://www.guardian.co.uk/society/2008/apr/23/child.traffickers (09.07.2008).
314
‘Lost 400 children may have been trafficked into sex or drugs trade’, The Guardian, 23 April
2008, available at
http://www.guardian.co.uk/society/2008/apr/23/childprotection.immigrationandpublicservices
(09.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

E.9. Legal provisions ensuring access to

health care services [52].
[241]. There are no legal provisions specifically ensuring the access of trafficked
children to health care services. The general situation in the UK is that the
National Health Service (NHS) is funded out of general taxation and provides a
service in which access to health care services is free at the point of need ‘to the
people of’ the jurisdiction in question, by means of imposing a duty on the
central government to continue the promotion of a comprehensive health
service,315 and to provide particular services for care, treatment and aftercare,
including rehabilitation.316 There is no question, then, that a trafficked child
who is a citizen of the UK is eligible to access the full range of medical services
on the basis of need.

[242]. However this right is subject to the availability of resources and to competing
demands on services. In R(B) v Cambridge District Health Authority,317
followed in subsequent cases,318 the Court of Appeal held that the decision
whether or not to provide treatment to a given individual rests with local health
resource managers, and a decision to deny treatment will only be unlawful if it
was a decision that was so unreasonable that no reasonable health resource
manager would make it.

[243]. Any decision to deny treatment to a child could however be challenged in court
on the basis that this was not in the best interests of the child.319 The decisions
taken by National Health Services officers must also be compliant with the
requirements section 6(1) of the Human Rights Act 1998, which prohibits a
315
See UK/ National Health Service Act 2006 c.41 (08.11.2006) (in England), s.1, available at
http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060041_en_1 (07.07.2008); UK/ National
Health Service (Scotland) Act 1978 c. 29(20.07.1978) (in Scotland), s.1, available at
http://www.statutelaw.gov.uk/LegResults.aspx?LegType=All+Primary&PageNumber=48&N
avFrom=2&activeTextDocId=2301536 (07.07.2008); UK/ National Health Service (Wales)
Act 2006 c.42 (08.11.2006) (in Wales), s.1, available at http://www.uk-
legislation.hmso.gov.uk/acts/acts2006/ukpga_20060042_en_2 (07.07.2008); UK/Health and
Personal Social Services (Northern Ireland) Order 1972 No. 1265 (N.I.14) (14.08.1972), art.
4, available at
http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Health+and+
Personal+Social+Services+(Northern+Ireland)&Year=1972&searchEnacted=0&extentMatch
Only=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDoc
Id=2938810&PageNumber=1&SortAlpha=0 (07.07.2008).
316
See UK/ National Health Service Act 2006 c.41 (08.11.2006) (in England), s.3; UK/ National
Health Service (Wales) Act 2006 c.42 (08.11.2006) (in Wales), s. 3; UK/Health and Personal
Social Services (Northern Ireland) Order 1972 No. 1265 (N.I.14) (14.08.1972), art. 4. There is
no comparable duty in the Scottish Act.
317
R(B) v Cambridge District Health Authority [1995] 1 W.L.R. 898; [1995] 2 All E.R. 129
(Court of Appeal).
318
See for example Rogers v Swindon NHS Primary Care Trust [2006] EWCA Civ 392;
[2006] 1 W.L.R. 2649 (Court of Appeal).
319
Portsmouth NHS Trust v Wyatt [2005] EWCA Civ 1181; [2005] 1 W.L.R. 3995 (Court of
Appeal).

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 Thematic Study on child trafficking [United Kingdom]

government body from acting in a way incompatible with human rights

requirements unless it is required so to act by the terms of a UK statute.

[244]. Foreign nationals generally have no right to access services provided by the
National Health Service free of charge. There are, at EU level, reciprocal
arrangements in place for citizens of member states of the European Union,320
but these arrangements extend only to emergency treatment or treatment
planned and approved before travel. The UK also has reciprocal arrangements
with other countries,321 but for treatment not covered by reciprocal
arrangements with the country of origin, whether that person is an EU citizen or
not, the policy, except for emergency or primary care, is to charge for treatment
of persons ‘not ordinarily resident’ in the UK.322 Those who are ‘ordinarily
resident’ for the purposes of eligibility to free healthcare include persons who
have been granted asylum, humanitarian protection or DL to remain in the UK,
as well as those given temporary leave to remain in the UK under the terms of
the Immigration Act 1971 pending the outcome of an application.323

[245]. In Guidance on the interpretation of the 1989 Regulations issued in 2004,324 the
Minister of State for Health in England stated that those (adult) persons who
had been denied asylum but in respect of whom removal directions had not yet
been made (often because of concerns about the situation into which that person
would be placed if returned to their country of origin) were not ‘ordinarily
resident’ and would therefore be required to pay for healthcare services
provided by a National Health Service provider.

[246]. The legality of that Guidance was successfully challenged in 2008 in R(A) v
Health Secretary and West Middlesex University Hospital NHS Trust.325 The
High Court held that Guidance was unlawful insofar as it stated that a person

320
Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social
security schemes to employed persons and their families moving within the Community.
321
These are listed at Schedule 2, UK/ National Health Service (Charges to Overseas Visitors)
Regulations 1989 SI No. 306. (01.04.1989).
322
See, in England and Wales, UK/National Health Service Act 2006 c.41 (08.11.2006), s. 175
and the UK/ National Health Service (Charges to Overseas Visitors) Regulations 1989 SI
1989/306 (01.04.1989). SI 1989/306 as amended, available at:
http://www.opsi.gov.uk/si/si1989/Uksi_19890306_en_1.htm (14.07.2008); in Scotland UK/
National Health Service (Scotland) Act 1978 c. 29(20.07.1978), s.98 and The NHS (Charges
to Overseas Visitors) (Scotland) Regulations 1989 SI 1989/364 (05.04.1989), as amended,
available at: http://www.opsi.gov.uk/si/si1989/Uksi_19890364_en_1.htm (14.07.2008). There
are presently no charging arrangements in Northern Ireland.
323
See UK/ National Health Service (Charges to Overseas Visitors) Regulations 1989 SI
1989/306, para. 4; UK/ Immigration Act 1971 c.77, schedule 2, para.21 and Szoma v the
Secretary of State for the Department of Work and Pensions [2006] 1AC 564 (House of
Lords).
324
Department of Health (2004) Guidance on implementing the overseas visitors hospital
charging regulations, available at:
http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuida
nce/DH_4080313 (16.07.2008).
325
R(A) v Health Secretary and West Middlesex University Hospital NHS Trust [2008] EWHC
855 (Admin).

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 Thematic Study on child trafficking [United Kingdom]

whose application for asylum had been rejected could never been ‘ordinarily
resident’ in the UK. An application to the Court of Appeal by the Government
challenging that decision is currently pending, but in the meantime the
Department of Health intends to issue further Guidance.326

[247]. The pending appeal is relevant only to England. In Northern Ireland there is no
provision to charge for treatment. The Welsh Assembly has recently announced
that it intends to make regulations exempting failed asylum seekers from
charges.327 In Scotland, guidance issued in 2008 advises healthcare providers
that because a course of treatment commenced before an application for asylum
has been rejected must be completed even if or when that application is rejected
‘For all practical purposes this is likely to mean that failed asylum seekers who
have previously been resident in Scotland and remain in Scotland will remain in
the care of the NHS in Scotland until arrangements for their return home can be
made’.328

[248]. New Guidance will provide that it will be a question of fact, to be determined
by the service provider before offering treatment, whether or not a person who
has had an application for asylum rejected, but has temporary leave to be in the
UK pending the making of removal directions, is to be deemed to be ‘ordinarily
resident’ in the UK. In the Health Secretary and West Middlesex University
Hospital NHS Trust case the High Court adopted the approach of the House of
Lords in the case of Shah,329 holding that ‘I can see no reason why a person
lawfully in the United Kingdom… should not become ordinarily resident by
dint of his voluntary wish to settle, coupled with residence for a significant
period’.330

[249]. The new Guidance will also make it clear that a person who has been lawfully
in the UK for more than 12 months is entitled to free healthcare services
whatever his or her immigration status.331 It is also suggested by the Department
of Health that it is less likely that a person who has been in the UK for less than
6 months will be deemed to be ordinarily resident, but it is emphasised that each
case turns on its facts. There is no specific guidance as to what is meant by ‘a
significant period’.

326
Department of Health (2008) Letter of 1 May 2008 from the Department of Health to the
Chief Executives of NHS Trusts, available at
http://www.dh.gov.uk/en/Publicationsandstatistics/Lettersandcirculars/Dearcolleagueletters/D
H_084479 (07.07.2008).
327
See
http://wales.gov.uk/publications/accessinfo/drnewhomepage/healthdrs/Healthdrs2008/amendo
verseasvisirorchargesregs/?lang=en (16.07.2008).
328
Scottish Government (2008) Overseas Visitors – Shortened Guidance CEL 9 (2008), available
at: http://www.scotland.gov.uk/Resource/Doc/216038/0057750.pdf (15.05.2008).
329
Shah v Barnet London Borough Council [1983] 2 AC 309 (House of Lords).
330
Shah v Barnet London Borough Council [1983] 2 AC 309 (House of Lords), para. 25.
331
See UK/ National Health Service (Charges to Overseas Visitors) Regulations 1989 SI
1989/306 (01.04.1989). reg 4(1)(b).

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 Thematic Study on child trafficking [United Kingdom]

[250]. This decision in the Health Secretary and West Middlesex University Hospital
NHS Trust case has implications for child trafficking victims who have been
granted temporary leave to stay in the country pending the making of
arrangements for their departure to the country of removal. Provided that it can
be said that the child has been in the UK for a ‘significant period’ he or she will
be deemed ‘ordinarily resident’ and so be able to access healthcare services on
the same basis as British citizens.

[251]. Regardless of the legal position, however, the provision of necessary healthcare
services to child trafficking victims is an integral part of the overall policy to
safeguard the welfare of trafficked children. The Guidance Safeguarding
children who may have been trafficked published by HM Government in 2007
sees the provision of healthcare services as part of the integrated multi-agency
response to child-trafficking, and refers all agencies including health service
providers to Guidance produced by HM Government on inter-agency working
published in 2006, which requires a ‘joined-up response’ to child trafficking.332

[252]. The rules relating to healthcare for foreign nationals in England are currently
being reviewed jointly by the UKBA and the Department of Health.333

[253]. There is no data regarding the number of trafficked children who are provided
with healthcare services in general or with psychosocial care and rehabilitation
in particular.

E.10. Legal provisions ensuring access to

education and vocational training [53].
[254]. There are no legal provisions specifically ensuring the access of trafficked
children to education or vocational training. Instead, the general law applies as
it does to all children. In general terms every child of school age in the UK
should attend school or otherwise have appropriate provision made for his or
her education.

[255]. There is a legal duty placed on Local Education Authorities (LEAs) in England,
Wales and Scotland, and on Education Boards in Northern Ireland, to provide
education for all children in their area.334 Guidance on the provision of good
332
HM Government (2006) Working Together to Safeguard Children: a guide to inter agency
working to safeguard and promote the welfare of children, para. 11.79.
333
Independent Asylum Commission (2008) Safe Return: How to improve what happens when
we refuse people sanctuary, available at: http://www.independentasylumcommission.org.uk/
(11.07.2008).
334
UK/Education Act 1996 c.56 (24.07.1996) (England and Wales), s.13-14, available at:
http://www.opsi.gov.uk/Acts/acts1996/ukpga_19960056_en_1 (11.07.2008); UK/Education
(Scotland) Act 1980 c.44 (01.08.1980), s.1, available at:
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800044_en_1
(11.07.2008); UK/The Education and Libraries (Northern Ireland) Order 1986 (No. 594 (N.I.

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 Thematic Study on child trafficking [United Kingdom]

quality education to children seeking asylum, was published in England in

2004.335 In Scotland, the duty placed on LEAs is to provide ‘adequate and
efficient’ education and further education services and facilities.

[256]. As mentioned above, government policy, most recently stated in Parliament on

11 June 2008 is that ‘Education is made available to all children of asylum
seekers who are of compulsory school age’.336 The policy also extends to
unaccompanied asylum seeking children, by virtue both of the relevant LEA or
Education Board’s legal obligations to provide education to all children of
school age and also by virtue of the legal obligations of local social services
authorities who are accommodating children, whether under voluntary or
compulsory powers imposed by child protection legislation.

[257]. Further (post-16) and vocational training is available to a trafficked child on the
same terms as it is available to a UK citizen. There are schemes in each
jurisdiction to pay an allowance to certain children who undertake further or
vocational training. This is known as the Educational Maintenance Allowance
(EMA).

[258]. In the Welsh scheme,337 which is typical of what also happens in England and
Northern Ireland,338 a payment of currently up to £30 each week in which the
education or training is attended, is available to children living in households
with income of currently less than £30,810 who undertake full time education or
vocational training and are either citizens of the EEA or who have been granted
refugee status. The payment is also available to those with leave to remain in
the UK if that person has been ordinarily resident in the UK for three years.339

[259]. In the Scottish scheme, which is in all other ways very similar to that which
operates elsewhere in the UK, the three year requirement was removed on 1
January 2008.340 The implication of the Health Secretary and West Middlesex

3)) (26.03.1986), art. 5-6, available at:

http://www.opsi.gov.uk/RevisedStatutes/Acts/nisi/1986/cnisi_19860594_en_1 (11.07.2008).
335
Department for Education and Science (2004) Aiming High: Guidance on the Support of
Asylum Seeking and Refugee Children, available at:
http://www.standards.dfes.gov.uk/ethnicminorities/links_and_publications/AH_Gdnc_AS_RF
G_Apr04/asylumguidance.pdf (14.07.2008).
336
See the statement made by Liam Byrne, Minister of State for Borders and Immigration at HM
Treasury and the Home Office in the House of Commons, HC Hansard 11 Jun 2008: Column
334W, available at: http://www.parliament.the-stationery-
office.co.uk/pa/cm200708/cmhansrd/cm080611/text/80611w0021.htm (14.07.2008).
337
See UK/Education Maintenance Allowances (Wales) Regulations 2007 No.2311
(31.08.2007), available at:
http://www.opsi.gov.uk/legislation/wales/wsi2007/plain/wsi_20072311_en (15.07.2008).
338
For information about all national schemes, see http://ema.direct.gov.uk/ (15.07.2008).
339
See UK/Education Maintenance Allowances (Wales) Regulations 2007 No.2311
(31.08.2007), regs. 3, 4, 5 and Schedule 1.
340
UK/Education Maintenance Allowances (Scotland) Regulations 2007 No. 156(01.08.2007),
reg. 2(1) and para. 6, schedule 1, available at:
http://www.oqps.gov.uk/legislation/ssi/ssi2007/ssi_20070156_en_1 (14.07.2008); modifying
the UK/Education Maintenance Allowances (Scotland) Regulations 2004 No. 273

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 Thematic Study on child trafficking [United Kingdom]

University Hospital NHS Trust case is that such provision may also available to
those who have been refused leave to remain but in respect of whom a removal
direction has not yet been made.

E.11. Legal provisions ensuring access to

legal assistance [54].
[260]. Although there are no specific legal provisions ensuring access to legal
assistance for trafficked children solely by reason of them being trafficked
children, a child seeking asylum is entitled to legal assistance in connection
with his or her claim.341

[261]. The provision of information about and help with access to legal assistance for
trafficked children is integrated into the obligations placed on all agencies and
professionals working with children342 and falls in particular within the remit of
the Children’s Panel of the Refugee Council (see para.145). Legal assistance
may be applied for by the child personally or by a third party on behalf of the
child.343

[262]. Guidance published by UKBA notes that unaccompanied asylum seeking

children are entitled to legal assistance with their application for asylum, and
immigration officers dealing with asylum claims are required to notify the
Refugee Council Children’s Panel in instances where the child has no legal
representative.344 Guidance issued by the Chief Adjudicator of the Asylum and
Immigration Tribunals Service to adjudicators hearing appeals from decisions
made by immigration officials requires that an unaccompanied child appearing
before an asylum and immigration tribunal should be legally represented and
the legal representative must attend the tribunal hearing (and the child must also
be accompanied by an appropriate adult).345

(02.07.2004), available at :
http://www.opsi.gov.uk/legislation/scotland/ssi2004/20040273.htm (14.07.2008).
341
See
http://www.legalservices.gov.uk/civil/remuneration/immigration_asylum_graduated_fee_sche
me.asp (14.07.2008).
342
See HM Government (2007) Safeguarding children para 7.39 (England), and equivalent
guidance for Wales (para.72) and Scotland (page 16).
343
See for example UK/ Civil Legal Aid (Scotland) Regulations 1996 No.2444 (07.10.1996),
para.6, available at: http://www.opsi.gov.uk/si/si1996/Uksi_19962444_en_3.htm#mdiv5
(14.07.2008).
344
UK Border and Immigration Authority (2005) Processing Asylum Applications from
Children.
345
See Chief Adjudicator of the Immigration Appellate Authority (2004) Unaccompanied
Children, paras 3.1., 3.7., available at:
http://www.ait.gov.uk/Documents/CaseLaw/PracticeDirections/GuideNoteNo8.pdf
(08.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

[263]. In England and Wales, section 4 of the Access to Justice Act 1999 places the
obligation for promoting the availability of legal services (other than in relation
to criminal proceedings) to individuals, and for securing that individuals have
access to services which effectively meet their needs, on the Legal Services
Commission (LSC). In Northern Ireland, article 3(3)(a) of the Access to Justice
(Northern Ireland) Order 2003 places a similar responsibility on the Northern
Ireland Legal Services Commission (NILSC). In Scotland, section 1 of the
Legal Aid (Scotland) Act 1986 places a similar responsibility on the Scottish
Legal Aid Board (SLAB).

[264]. Each of these bodies publishes detailed information about the legal services to
be funded, and enters into contracts with providers of legal services including
legal advice and legal representation in various contexts.

[265]. The sum effect of the relevant provisions346 is that children who have been
trafficked are eligible for funded legal assistance in relation to the following
matters (i) advice and assistance on immigration, nationality, asylum,
deportation and terms of entry to stay in the UK (Legal Help); (ii) preparation
and advocacy for proceedings before the Asylum and Immigration Tribunal
(AIT) (Controlled Legal Representation) and (iii) full representation for judicial
review and onward appeals (under different arrangements).

[266]. Funding is also available for (i) the Home Office Interview (when within
scope); (ii) an oral Case Management Review Hearing (CMRH); (iii) a
telephone CMRH; (iv) a substantive Asylum and Immigration Tribunal (AIT)
hearing and (iv) adjourned hearings which are part-heard or re-listed.

[267]. Contracts for the provision of legal services to unaccompanied children seeking
asylum in England and Wales are only made by the LSC with specialist
providers of such services.347 Lawyers providing these services must be
approved for the work in question under the terms of the Immigration and
Asylum Accreditation Scheme and must be registered with the Solicitors
Regulatory Association as an approved provider.348 Reimbursement to legal

346
See, for example, England and Wales sections 13.1-13.5 of LSC (2007) The Funding Code
Part A: Criteria, available at
http://www.legalservices.gov.uk/civil/guidance/funding_code.asp (14.07.2008) and section
12.3.2 of the Legal Services Commission (2004) General Civil Contract, available at:
http://www.legalservices.gov.uk/docs/civil_contracting/general_civil_contract_july04.pdf
(14.07.2008).
347
Legal Services Commission (2007) Legal Aid Reform: Final Immigration and Asylum Fee
Schemes, para. 2.64, available at:
http://www.legalservices.gov.uk/docs/civil_contracting/Legal_Aid_Reform_Final_Immigrati
on_and_asylum_fees.pdf (14.07.2008).
348
See UK/The Community Legal Service (Asylum and Immigration Appeals) Regulations 2005
No.966 (04.04.2005) and Legal Services Commission (2007) Letter to Immigration and
Asylum Practitioners 26 June 2007, available at:
http://www.legalservices.gov.uk/docs/immigration_docs/Letter_to_Suppliers_26th_June_200
7.pdf (14.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

advisers is paid at an hourly rate rather than by way of fixed fee.349 This is
designed to ensure that children receive all the legal help that they require.

[268]. There are no legal provisions which provide specifically for access by trafficked
children to legal assistance for claiming compensation. However, compensation
is available to trafficked children in certain circumstances. There circumstances
and the forms of compensation available are discussed in paras. 348-350).

E.12. Special needs of children coming from

different ethnic backgrounds and of
children with disabilities [55].
[269]. Provision to take the special needs of children by reason of ethnic background
or disability in legal contexts and in relation to legal procedures is made in the
following ways:

• A court hearing any case relating to the upbringing of a child must treat the
welfare of the particular child, including his or her ethnicity and any
disability, as paramount;350

• A court official appointed by a court to safeguard and protect the welfare of

a child will have to take the particular circumstances of the individual child
into account;351

• Local authority social services authorities who are providing

accommodation for children are required to draw up a care plan which must
protect and promote the welfare of the particular child;352

• Local authority social workers353 and immigration officers354 who interview

children are required by guidance to, when necessary, use professional
interpreters, who have been checked by the Criminal Records Bureau, in
any case where English is not the child’s preferred language.355As a matter

349
See Legal Services Commission (2007) Unified Contract, Civil Specification: Section 11
Immigration Category of Law Specific Provisions, para. 11.2.j., available at:
http://www.legalservices.gov.uk/docs/civil_contracting/070813_Civil_Specification_Section_
11_ImmigrationSpecification.pdf (14.07.2008).
350
See para.64.
351
See section on appointment of a legal guardian, paras.141-145.
352
See paras.73-78.
353
HM Government (2007) Safeguarding children, para. 7.41.
354
UK Border and Immigration Authority (2005) Processing Asylum Applications from Children
p.17.
355
HM Government (2007) Safeguarding children para. 7.31.

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 Thematic Study on child trafficking [United Kingdom]

of good practice, where it is necessary to use an interpreter, that person

should be present at the interview356

• Better Outcomes: The Way Forward. Improving the Care of

Unaccompanied asylum seeking Children 2008357 gives guidance on care
support arrangements for unaccompanied asylum seeking children.

E.13. Existence of EU 116 000 hotline [56].

[270]. The UK hotline is expected to be fully operational by September 2008. Missing
People is the UK member of Missing Children Europe. They will be the UK
operator of the 116 000 service to report children missing.358

E.14. Existence of similar hotlines in the UK

[57].
[271]. Crimestoppers is a UK charity independent of the police and government.
Crimestoppers have a free phone number (0800 555 111)359 that people can call
with criminal information 24 hours a day, 7 days a week. The service is
accessible in the UK and operates on an entirely anonymous basis where callers
have the option not to give their name and number. Callers from abroad can also
reach Crimestoppers on 0044 1883 731 336. Successful cases, some of which
relate to human trafficking, can be found on their webpage.360 Crime Stoppers
also works with the multi-agency project, Operation Pentameter 2, which was
launched in October 2007 to protect victims of the sex trafficking industry.

[272]. In October 2007, The Home Office, in partnership with the National Society for
the Prevention of Cruelty to Children (NSPCC),361 End Child Prostitution,
Pornography and Trafficking (ECPAT UK), CEOP and Comic Relief,362
launched a National Child Trafficking Advice and Information Line (CTAIL).
CTAIL is a new phone line service for anyone with concerns about human

356
See R (B) v London Borough of Merton [2003] at para. 52, discussed in the section on age
assessment policies (paras.147 - 158).
357
Home Office/ Border and Immigration Agency (2008) Better Outcomes: The Way Forward.
Improving the care of unaccompanied asylum seeking children and trafficked children.
358
See http://www.missingpeople.org.uk/news-and-events/news/detail.asp?dsid=1369
(09.07.2008).
359
See http://www.crimestoppers-uk.org/how-we-help/who-are-crimestoppers (09.07.2008).
360
See http://www.crimestoppers-uk.org/how-we-help/our-achievements/success-stories
(09.07.2008).
361
See http://www.nspcc.org.uk/ (09.07.2008).
362
See http://www.comicrelief.com/all-about-us/ (09.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

trafficking.363 A free phone number (0800 107 7057) is available and open from
9.30am-4.30pm. The phone line targets children’s practitioners, police and
immigration officers. The service which works collaboratively on a national and
international basis, provides a range of services that include guidance, case
consultancy to professionals and data gathering on trafficked children.

[273]. In May 2008, the NSPCC launched a poster campaign targeting hospitals, ports
and transport companies in the UK. 364 Posters have been sent to nearly 2000
airlines, airports, accident and emergency departments, and bus and coach
services asking staff to keep a lookout for vulnerable children. The free phone
number 0800 107 7057 is given as an emergency contact for any suspicions of
trafficking.

[274]. Though not directly linked to trafficking, Missing People supports missing
people, young runaways, unidentified people and their families. There is a free
phone service365 for all categories of children.

[275]. The UK branch of the Salvation Army has a confidential 24 hour helpline that
targets trafficking victims.366 The Salvation Army provides a range of services
that range from welfare to assistance to emergency services and is involved
with the Inter-Departmental Ministerial Group (IDMG) on trafficking.

[276]. Child Line367 operates out of 11 counselling centres around the UK and offers
help to vulnerable children and young teenagers. A 24 hour helpline (0800
1111) is available for their use.

[277]. AFRUCA is currently researching the possibility of establishing a free

Community Hotline for Child Victims of Trafficking. The hotline will target the
African community who may know victims of trafficking and exploitation in
the London area and may be reluctant to contact the authorities.368

[278]. EU Justice Ministers have not been able to agree on a Child alert system
(CRA).369 However, Police Forces in England and Wales will use a new CRA370
scheme, to contact the media at the earliest stage of suspected child abduction.

363
See
http://www.nspcc.org.uk/inform/resourcesforprofessionals/freshstart/ctail/ctail_wda51323.ht
ml (09.07.2008).
364
National Society for the Prevention of Cruelty to Children (NSPCC) press release, Alert for
‘Invisible’ Children and Young People, 5 May 2008.
365
See http://www.missingpeople.org.uk/ (09.07.2008).
366
See http://www.salvationarmy.ie/uki/www_uki.nsf/vw-dynamic-
index/29402C651FEEEF6B802570C70053D6FA?Opendocument (08.07.2008).
367
See http://www.childline.org.uk/Pages/default.aspx (09.07.2008).
368
See http://www.afruca.org/work_trafficking.php (09.07.2008).
369
See ‘EU unable to agree child alert system, boosts cooperation’ EU Business, 08 July 2008,
available at http://www.eubusiness.com/news-eu/1215507722.06 (09.07.2008).
370
‘Missing child alert system starts’ BBC news, 26 March 2006, available at
http://news.bbc.co.uk/1/hi/uk/4847750.stm (09.07.2008).

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CRA's will be sent out if the missing person is under 18 and believed to have
been kidnapped, abducted or are in danger of serious harm.

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 Thematic Study on child trafficking [United Kingdom]

F. Best interests determination and

durable solutions, including social
inclusion/return
F.1. Best Interest Determination [58].
[279]. The best interest of the child is outlined in the Every Child Matters agenda
where practitioners have to carry a thorough assessment of the child, basing
provisions for children on the five outcomes371 of the Every Child Matters
agenda.

[280]. Formal processes for identifying, safeguarding and promoting the welfare of the
child in the form of durable solutions have been discussed in paras.61-78 above.

F.2. Availability of Asylum/subsidiary

protection for child victims of trafficking
[59].
[281]. The process by which asylum, humanitarian protection or discretionary leave to
remain is decided is explained in the section on asylum, humanitarian protection
and discretionary leave to remain (paras.181-193).

[282]. The National Register of Unaccompanied Children (NRUC)372 is a partnership

project involving the Home Office, the Department for Children, Schools and
Families, London Councils, the London Asylum Seekers Consortium, the
Association of Directors of Children's Services (ADCS) and local authorities.
NRUC contains information on all unaccompanied asylum seeking children,
missing and separated children supported by local authorities. It ensures that
appropriate placements can be given to asylum seeking children. Local
authorities provide care and support for unaccompanied children and access to
NRUC is via Local Authority registrations to the system.

371
HM Government (2004) Every Child Matters: Change for Children, p.9, available at:
http://www.everychildmatters.gov.uk/_files/F9E3F941DC8D4580539EE4C743E9371D.pdf
(08.07.2008).
372
See http://www.nruc.gov.uk/index.html (09.07.2008).

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F.3. Evidence of respect for participation of

the child in decision-making [60].
[283]. The requirement that a child participates in, and is consulted on, decisions made
by local authorities regarding that child has been discussed elsewhere in this
Report,373 as has the obligation placed on courts to listen to children and in
certain circumstances appoint a court official and a lawyer to represent the child
in the proceedings in question.374

[284]. Guidance issued to immigration officers, for example on the conduction of

screening and other interviews with children who may have been trafficked,
similarly requires that interview are a dialogue rather than an inquisition, with
the views of the child being taken into account.375 As mentioned in the section
on family tracing above (paras.229-233), the UK Border Agency (UKBA) will
commence family tracing at an earlier point than would otherwise be the case at
the instigation of the child.

[285]. Translators are routinely available where the child prefers to speak in a
language other than English. See also the consideration of special needs for
children coming from different ethnic backgrounds and for children with
disabilities (para.269).

F.4. Access to integration programmes

including access to full health care,
education and vocational training [61].
[286]. Every Child Matters: Change for children 2004376 provides guidance on
bringing about change to the needs of all children. The five outcomes,377
outlines information to statutory, voluntary and community agencies relating to
access for children to health care and education. Failed asylum seekers in Wales
are given free health care.378

373
See paras.73-78.
374
See section on detention by local social service authorities (paras.209-216) and detention in
secure accommodation (paras.217-227).
375
UKBA (2008) Victims of Trafficking.
376
HM Government (2004) Every Child Matters: Change for Children.
377
HM Government (2004) Every Child Matters: Change for Children, p.9.
378
See ‘Failed asylum seekers' free NHS’, BBC news, 20 May 2008, available at:
http://news.bbc.co.uk/1/hi/wales/7409265.stm (09.07.2008).

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F.5. Establishment of specialised integration

programmes for trafficked children [62].
[287]. See previous paragraph.

F.6. Special needs of children coming from

ethnic backgrounds and of children with
disabilities [63].
[288]. The Public Service Agreement 13 (PSA 13), Improve children and young
people’s safety 2007379 is a delivery strategy by the Government to improve the
safety of children and young people. This strategy includes addressing issues of
trafficked children through the UK Action Plan. Para 3.24 of PSA 13 refers to
disabled children and the Governments’ attempt to raise awareness of
safeguarding disabled children.

[289]. The Government also recognises the need to provide coordinated services to
disabled children with long term health conditions. Aiming High for Disabled
Children: Better Support for families 2007380 and Working Together to
Safeguard Children 2006381 are both government guidance that recognise the
needs of disabled children. Disabled children are viewed as the same as non-
disabled children though attention is paid to higher risks of harm for disabled
children. A dedicated website is also available for disabled children.382 The
guidance applies to all children in the UK, without making specific reference to
trafficked children. The guidance does not specifically mention children from
different ethnic backgrounds.

379
HM Government (2007) PSA Delivery Agreement 13: Improve children and young
people’s safety, available at http://www.hm-treasury.gov.uk/media/8/7/pbr_csr07_psa13.pdf
(09.07.2008).
380
HM Treasury/ Department for Education and Skills (2007) Aiming High for Disabled
Children: Better Support for families 2007, available at:
http://www.everychildmatters.gov.uk/_files/64301A568B221580F3F449A098CB3CE9.pdf
(09.07.2008).
381
HM Government (2006) Working Together to Safeguard Children, para.11.28-11.29,
available at http://www.oxford.anglican.org/files/docs/Working_Together_2006_final.pdf
(09.07.2008).
382
See http://www.edcm.org.uk/Page.asp (09.07.2008).

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G. Prosecution
G.1. Legal Provisions offering child-sensitive
procedures in front of police, prosecutors
and courts [64].
[290]. There are no special legal provisions to offer child-sensitive procedures before
police, prosecutors and courts that are designed solely for victims of child
trafficking. However, there are legal provisions which are designed to protect
vulnerable and/or intimidated witnesses in police stations, prosecutors’ offices,
and courts, and there are particular measures in place for child victims of sexual
or violent or certain other crimes. All of these provisions are relevant to the
protection available to victims of child trafficking.

[291]. Child trafficking victims as witnesses in police investigations and prosecution

decisions. There are no specific legal provisions guaranteeing child trafficking
victims that child-sensitive procedures will be used by police officers who are
investigating child trafficking offences, whether in police stations or elsewhere.
However, in all parts of the UK, guidance is issued to police and prosecutors in
relation to the identification and subsequent treatment of vulnerable
witnesses.383 All child witnesses, defined as those under the age of 17,384 are
treated as vulnerable witnesses. Guidance drafted by an expert group of police
officers with experience of child trafficking work will shortly be published.385

[292]. In each instance, this national guidance is concerned with the identification of
particular vulnerabilities and barriers to effective communication between
investigating officers and child witnesses. Topics covered in detail in the
guidance include

383
See, for England and Wales, Home Office (2006) Vulnerable witnesses: A police service
guide, available at http://www.homeoffice.gov.uk/documents/police-guide-vlnrbl-witness.pdf
(09.08.2008) and Home Office (2006) Achieving Best Evidence in Criminal Proceedings
Guidance for Vulnerable or Intimidated Witnesses, including Children, available at:
http://www.homeoffice.gov.uk/documents/achieving-best-evidence/guidance-
witnesses.pdf?view=Binary (09.07.2008); for Scotland, Scottish Executive (2003) Guidance
on interviewing child witnesses in Scotland, available at
http://www.scotland.gov.uk/Resource/Doc/47176/0025087.pdf (09.07.2008); for Northern
Ireland, Northern Ireland Office (2006) Achieving Best Evidence in Criminal Proceedings
(Northern Ireland) Guidance for Vulnerable or Intimidated Witnesses, including Children
available at:
http://www.nio.gov.uk/achieving_best_evidence_in_criminal_proceedings_ni_guidance_for_
vunerable_and__intimidated_witnesses.pdf (09.07.2008)
384
See for example, Home Office (2006) Vulnerable witnesses: A police service guide, para. 2.1.
385
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.33.

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• The detection and response to possible trauma in the witness as a result of

the offence against them or for other reasons;

• Relevant racial, ethnic, religious or cultural factors impacting on effective

communication between the officer and the child, including English
language skills;386

• Awareness that, for example, hostility or diffidence on the part of the

witness might be the consequence of previous unhappy experiences with
police officers or other state officers in their home country;

• Interview techniques and consideration of the impact of the place where any
interview takes place on the witness.387

[293]. Police officers should also be aware of the ‘special measures’ that may be used
to protect child trafficking victims when giving evidence to a court (see below)
and should discuss the situation with officers of the Crown Prosecution Service
(in England and Wales) or the Crown Office and Procurator Fiscal (in Scotland)
or the Public Prosecution Office (in Northern Ireland) at an early stage388 so that
any special measures required to enable a witness to give evidence in court can
be put in place.

[294]. UK police services and the UKBA should be represented on Local Safeguarding
Children Boards (LSCB) (or Child Protection Committees (CPC) in
Scotland),389 and are required by government guidance to work effectively with
other agencies to offer an integrated service to child trafficking victims and to
safeguard and protect the welfare of the child.390

[295]. Some police forces have specialist teams with expertise in child trafficking
issues, but in every police force, except in Scotland, guidance requires that there
is a named dedicated officer who is the single point of contact for outside
agencies in relation to any issue relating to child trafficking.391 In Scotland, a
police officer has a legal duty under section 53(3) of the Children (Scotland)

386
There is a protocol agreed by a non-statutory collection of criminal justice, legal and victim
support bodies for the provision of interpreters in the course of criminal investigations and
prosecutions: see Trials Issues Group (2002) Revised Agreement on the Arrangements for the
Attendance of Intrepreters in Investigations and Proceedings within the Criminal Justice
System, available at http://www.cps.gov.uk/publications/agencies/index.html (09.07.2008)
387
See for example Home Office (2006) Vulnerable witnesses: A police service guide, paras.
2.1., 2.2, 4.1, 4.2.
388
See for example Home Office (2006) Vulnerable witnesses: A police service guide para. 4.7.
389
See paras.61-62.
390
See HM Government (2007) Safeguarding children, in particular Chapter 5; and Scottish
Executive (2008) Safeguarding children who may have been trafficked in Scotland, in
particular Chapter 4.
391
See HM Government (2007) Safeguarding children, para. 5.21.

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Act 1995 to refer any case in which compulsory measure of protection might be
required to the Principal Reporter.392

[296]. The various prosecution services have also produced guidance for prosecutors
dealing with cases involving children as victims and/or witnesses of crime.393
This guidance to prosecutors emphasises the need to treat child victims and
witnesses of crime with sensitivity, and refers prosecutors to the special
measures discussed in the next section of this Report, as it will usually fall to
prosecutors to instigate an application for the use of those measures.394

[297]. Child witnesses in court. England, Wales and Northern Ireland. It is contrary to
government policy to coerce a child into testifying in court against a
trafficker.395

[298]. Section 16 Youth Justice and Criminal Evidence Act 1999396 provides that
certain categories of witness397 are eligible for assistance in giving evidence, in
the form of ‘special measures’, by reason of their vulnerability. All children
under the age of 17 at the time of the hearing are covered by the section.398 The
protection offered by the court will end on the child’s 17th birthday unless the
child has already begun to give evidence in the proceedings, or if giving

392
See section on the duty to investigate suspected cases of abuse, paras.68-72.
393
Director of Public Prosecutions (2004) The Code for Crown Prosecutors, chapter 8, available
at: http://www.cps.gov.uk/victims_witnesses/code.html) (England and Wales) (09.07.2008);
Crown Office and Procurator Fiscal Serviec (2001) Prosecution Code, available at
http://www.copfs.gov.uk/Resource/Doc/13423/0000034.pdf (09.07.2008) (Scotland); Public
Prosecution Office (2004) Code for Prosecutors, chapter 6, available at
http://www.ppsni.gov.uk/site/default.asp?CATID=77 (Northern Ireland) (09.07.2008).
394
On this, see also Home Office/ Crown Prosecution Service and Association of Chief Police
Officers (2001) Early Special Measures Meetings Between the Police and the Crown
Prosecution Service and Meetings Between the Crown Prosecution Service and Vulnerable or
Intimidated Witnesses: Practice Guide, available at:
http://www.homeoffice.gov.uk/documents/guidance-special-measures.pdf?view=Binary
(09.07.2008).
395
HM Government (2007) Safeguarding children who may have been trafficked, para. 7.42.
396
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), available at:
http://www.opsi.gov.uk/Acts/acts1999/ukpga_19990023_en_1 (09/08/2008). This Act only
applies, for these purposes, to England and Wales. The law in Northern Ireland is, however,
the same in substance and is contained in the UK/ Criminal Evidence (Northern Ireland)
Order 1999/2789, available at: http://www.opsi.gov.uk/si/si1999/uksi_19992789_en.pdf.
(09.07.2008). For the situation in Scotland, see paras.302-313.
397
A witness is defined to include all persons, including the victim of the alleged offence, but
excluding the accused: UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999),
s. 16(1), 17(1). However, a defendant aged under 18 or who would otherwise be eligible for
special measures if not a defendant may give evidence by live-link where that would enable
him or her to participate more effectively as a witness in the proceedings. See the revised
section 33A of the1999 Act, inserted by section 47 of the UK/ Police and Justice Act 2006
c.48 (08.11.2006), available at: http://www.opsi.gov.uk/acts/acts2006/ukpga_20060048_en_1
(08.07.2008).
398
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.16(1)(a).

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evidence by way of recorded video, has made the video recording, by that
time.399

[299]. Decisions as to what protection will be made available are taken at a

preliminary hearing, although there is no need for such a hearing if there is no
dispute as to what special measures are appropriate.400 An application for a
special measures order must be made, if the case is to be heard in the Crown
Court, within 28 days of the committal of the defendant for trial; or if it is to be
heard in the Youth Court, within 28 days of the time the defendant first appears
before the court; or, if it is to be heard in a Magistrates’ Court, within 14 days of
the defendant indicating an intention to plead not guilty.401

[300]. Protection is also offered to all witnesses, of any age, the ‘quality’ of whose
evidence is likely, in the view of the court, to be ‘diminished’. The ‘quality’ of
evidence is measured by reference to its likely completeness, coherence, and
accuracy, and to the witness’s ability to understand questions put and provide
coherent answers.402 There is no word modifying the requirement for that
quality to be ‘diminished’: evidence does not have to be ‘significantly’ or
‘seriously’ diminished for example, and so the test for the court, which under
section 16 is merely that it ‘considers’ it ‘likely’ that the evidence will be
diminished, is not particularly hard to satisfy.

[301]. However, the evidence of the witness in question, not being a child under the
age of 17, must be diminished by reason of either physical disability or physical
disorder, or mental disorder (as defined by the Mental Health Act 1983) or
because that witness ‘otherwise has a significant impairment of intelligence of
social functioning’.403 Thus a child trafficking victim aged 17 or older will
usually only be protected by section 16 if (i) he or she falls into one of these
three categories or (ii) he is she is ‘in need of special protection’ because of the
nature of the offence (see below).

[302]. Section 17 of the same Act provides that certain categories of witness are
eligible for assistance in the form of special measures by reason of fear or
distress on the part of the witness. A witness who is the victim in proceedings

399
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(8), (9). Section 22
provides that, although a video recording made before the child’s 17th birthday may be
accepted as satisfactory evidence in chief, a person aged 17 or above will have to give any
subsequent evidence in person, unless deemed ‘in need of special protection’ (as defined in
section 21, see below), in which case any subsequent evidence may also be given by way of
recorded video.
400
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.20(6) and UK/
Criminal Procedure Rules 200 No. 384 (04.04.2005) para. 29.1(9), available at
http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=criminal+pro
cedure+rules&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment
=0&TYPE=QS&NavFrom=0&activeTextDocId=1665573&PageNumber=1&SortAlpha=0
(08.07.2008).
401
UK/ Criminal Procedure Rules 200 No. 384 (04.04.2005) para. 29.1(9).
402
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.16(5).
403
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.16(1)(b) and 16(2).

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relating to a sexual offence against him or her is automatically covered by this

section, unless the witness informs the court that he or she does not wish to
be.404 For all others, adult or child, again the test that the court must apply is
whether it is ‘satisfied’ that the quality of that witness’s evidence is likely to be
diminished. In considering whether a witness falls within this section the court
must consider:405 (i) the nature and alleged circumstances of the offence; (ii) the
age of the witness; (iii) if it appears relevant to the court, social, cultural and
ethnic factors, religious and political opinions, and the domestic and
employment circumstances of the witness; (iv) any behaviour towards the
witness by the accused person, his or her family and associates, or any other
person likely to be an accused or a witness;406 and (v) the views of the witness.

[303]. The forms of assistance which a witness who comes within section 16 or section
17 is eligible to receive are listed in sections 23 to 28. These comprise: (i)
screening the witness from the accused in court (section 23); (ii) the giving of
evidence by live video link (section 24); (iii) the giving of evidence in private,
although this does not allow the exclusion from court of the accused or his or
her legal representative (section 25); (iv) the removal by legal personnel of wigs
and gowns (section 26); (v) the giving of evidence in chief by recorded video
(section 27) and (vi) the cross-examination or re-examination of that witness by
recorded video (section 28).

[304]. A person eligible for assistance by reason of section 16407 may also be assisted
by way of (i) the examination of the witness through an intermediary (section
29) and (ii) the provision of aids to communication (section 30).

[305]. Section 18(2) of the 1999 Act provides that special measures can only be
implemented by a court if the court has been notified by the Secretary of State
that provision has been made for their implementation in the area in which the
court in question is located, but in 2008 in the case of R v R(SA)408 the Court of
Appeal held that a special measures direction could be made by a court even if
it not been notified of the availability of, in that case, video recording of
evidence. Arrangements refers to both or either the technological capacity to use
live-links or video recordings, and the availability of professionals with training
and expertise in questioning children in relation to criminal proceedings.

[306]. The question of eligibility for the use of special measures may be raised by a
party to the case in question or by the judge.409 It is then for the judge to
determine, through a consideration of all the circumstances of the case, with

404
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.17(4).
405
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.17(2), 17(3).
406
UK/ Criminal Justice and Police Act 2001 c.16 (11.05.2001), s. 39, available at:
http://www.opsi.gov.uk/Acts/acts2001/ukpga_20010016_en_1 (08.07.2008) makes it a
criminal offence to intimidate a person who is or may be a witness, whether in criminal or
civil proceedings.
407
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.18(1).
408
R v R(SA) [2008] EWCA Crim 678; [2008] 2 Cr. App. R. 10.
409
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.19(1).

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particular reference to the views of the witness in question, and the degree to
which the implementation of any particular special measure might inhibit the
ability of that evidence to be effectively tested,410 which, if any, of the available
special measures should be utilised in order to maximise the quality of that
person’s evidence.411 If the judge decides to order the use of special measures,
his or her order is known as a ‘special measures direction’. Any special
measures direction made must specify the particulars of which measure, or
measures, is to be used.412

[307]. The court has a general discretion to vary or discharge any order made either on
the request of a party to the proceedings of on its own initiative,413 and powers
to suspend the use of specific special measures notwithstanding that a direction
has been made authorising their use, if that would hinder the fair conduct of the
proceedings.414

[308]. The 1999 Act contains further provision concerned with child witnesses. The
starting presumption of the law is that a child witness eligible for the use of
special measures under the terms of section 16 should be made subject to a
special measures direction to the effect that the measures available in section 27
and 24 should be implemented.415 This means that evidence in chief should be
given by way of recorded video and any other evidence by way of a live link.
Such a direction may not be given, however, unless the measures in question are
available in the area in which the court is located.416 Furthermore, a direction
will not be issued if in the opinion of the judge to do so is not in the interests of
justice,417 or if its issuance would not be to maximise the quality of the evidence
so far as practicable.418

[309]. A child witness will be deemed to be ‘in need of special protection’ under the
terms of section 21, if the offence in question is a sexual offence, including
offences of making or possessing child pornography, or involves an assault or
threatened assault, kidnapping or false imprisonment of a child.419 In such
circumstances, a special measures direction should, in addition to requiring the
measure contained in section 27 (see above), also require the use of the measure

410
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.19(3).
411
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.19(2), 19(3).
412
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.19(4).
413
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.20(2).
414
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), ss. 24(2)(3), 27(4)-(7)
and 28(4)-(7).
415
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(3).
416
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(4)(a).
417
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(4)(b) and 27(2).
418
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(4)(c).
419
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(1)(b) and 35(3).
Section 35(3) refers in turn to Part 1 of the Sexual Offences Act 2003 and Protection of
Children Act 1978 (for which, see para.41-51), the Child Abduction Act 1984 and section 1 of
the Children and Young Person’s Act 1933, which contains offences of cruelty towards a
child under the age of 16 and child neglect.

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contained in section 28.420 This means that a direction that both evidence in
chief and any subsequent evidence obtained by cross-examination or other
subsequent examination of the witness must be obtained by way of recorded
video must be made by the court. Again, however, such a direction may not be
issued unless the measures in question are available in the area in which the
court is located.421

[310]. Section 21(5) provides that the question of whether a special measure should
not be implemented because it will not maximise the quality of the witness’s
evidence should not be explored by the judge, as would otherwise be the case, if
a child witness is in need of special protection. This means that the policy of the
Act is that special measures should be used in such a case even if they do not
maximise the quality of that evidence, provided that the judge has determined
(using the test in section 19(2)) that they are likely to improve the quality of that
evidence.

[311]. The apparent inflexibility of section 21(5) was challenged in the House of Lords
in R (D) v Camberwell Green Youth Court in 2005,422 on the basis that the
prohibition placed on the court making an assessment, of the need for evidence
to be given by means of video recording by reference to the particular
circumstances of the case rendered section 21(5) incompatible with the right to
a fair trial guaranteed by Article 6 of the European Convention on Human
Rights, in particular Article 6(3)(d), which gives an accused person a right to
confront his accusers.

[312]. The House of Lords rejected this argument. The court held that although the
operation of section 21(5), and of section 21 generally, gave no discretion to the
court at the time of making the required special measures direction, section
20(2), as seen above, gives the court a power to vary or discharge any existing
special measures direction if it appears to the court that it is in the interests of
justice to do so.

[313]. The court also pointed out that the making of a special measures direction did
not prevent an accused person from cross-examining the witness. The trial
judge could use the power in section 20(2) to require the witness to be present
in court for cross-examination, or it could require that the witness respond to
points put in cross-examination by way of a further video recording.
Furthermore, the judge will be view the video recording before it is played in
court, and has powers under section 27(2) of the 1999 Act to direct that a video
recording or some part of it should not be admitted as evidence if he or she is of
the view that to admit it would be contrary to the interests of justice. In

420
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(6).
421
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.21(7)(a).
422
R (D) v Camberwell Green Youth Court [2005] UKHL 4; [2005] 1 W.L.R. 393; [2005] 1 All
E.R. 999; [2005] 2 Cr. App. R. 1., available at:
http://www.publications.parliament.uk/pa/ld200405/ldjudgmt/jd050127/camb-1.htm
(03.07.2008).

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summary, the court decided that there was sufficient flexibility in the system to
satisfy the requirements of the European Convention.

[314]. A special measures direction may also not be issued if the witness has informed
the court that he or she does not want that special measure to be applied. The
Act provides that all persons, of any age, are presumed competent to give
evidence,423 and permits the consideration of medical evidence when the
competency of a witness to give evidence is at issue.424 However the
presumption of competence can be rebutted if it appears to the court that the
witness cannot understand questions posed to him or her or give
comprehensible answers to those questions.425 It is likely that the courts have
regard to the test of capacity for children developed by the House of Lords in
the case of Gillick.426 The thrust of this test is that a child has legal capacity to
make a decision ‘when the child achieves a sufficient understanding and
intelligence to understand fully what is proposed’.427

[315]. All evidence obtained through the use of special measures is as valid as
evidence obtained through oral testimony in court,428 although a Crown Court
judge hearing a (serious) case on indictment (but not a Magistrates’ court
hearing a (less serious) case) must warn the jury that the evidence was obtained
through the use of special measures if he or she considers that such a warning is
necessary so as to avoid prejudice to the accused person.429

[316]. The 1999 Act contains other provisions which may offer protection to child
trafficking victims who are not eligible for protection through the use of special
measures. No person charged with a sexual offence may cross-examine a child
witness430 under the age of 17 in person;431 and no person charged with any
other offence listed in section 35(3) other than a sexual offence may cross-
examine a child witness under the age of 14 in person.432 The criminal courts
also have a general discretion to prohibit an accused person in any criminal
proceedings from cross-examining a particular witness.433

423
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.53.
424
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.54(5).
425
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.53(3).
426
Gillick v W. Norfolk and Wisbech AHA [1986] AC 112.
427
Lord Scarman in Gillick [1986] AC 112, at para.186.
428
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.31.
429
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.32.
430
Which for these purposes only includes a child charged with an offence in those proceedings
(UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.35(5).)
431
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), ss. 35(1), 35((3)(a) and
35(4)(a).
432
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), ss. 35(1), 35(3)(b)-(d)
and 35(4)(b).
433
UK/Youth Justice and Criminal Evidence Act 1999 c.23 (27.07.1999), s.36.

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[317]. Scotland. As in the rest of the UK, it is contrary to government policy to coerce
a child into testifying in court against a trafficker.434

[318]. In Scotland, the Vulnerable Witnesses (Scotland) Act 2004,435 which inserted
new sections (sections 271-271M) into the Criminal Procedure (Scotland) Act
2005, has established a slightly different framework from that which operates in
the rest of the UK.

[319]. There is only one category of witness eligible for protection. Section 271 of the
1995 Act defines a ‘vulnerable witness’ as either a child under the age of 16
(not, as in the rest of the UK, 17) on the date that the proceedings
commenced,436 or as a person, not being a child (but including young people
aged 16 or 17), in respect of whom there is a ‘significant risk’ that the quality of
his or her evidence will be diminished437 by reason of mental disorder (within
the meaning of section 328 of the Mental Health (Care and Treatment)
(Scotland) Act 2003) or by reason of ‘fear or distress in connection with giving
evidence at the trial’.438 As such, in the Scottish legislative scheme, witnesses in
fear of intimidation are treated as a subset of the category of vulnerable
witnesses rather than, as in the rest of the UK, constituting a category distinct
from vulnerable witnesses.

[320]. The criteria for determining whether a witness aged 16 or older is vulnerable are
contained in section 271(2) of the 1995 Act. The court must consider (i) the
nature and alleged circumstances of the offence; (ii) the nature of the evidence
the witness is likely to give; (iii) the age and maturity of the witness; (iv) if it
appears relevant to the court, social, cultural and ethnic factors, religious and
political opinions, sexual orientation, and the domestic and employment
circumstances of the witness; (v) any behaviour towards the witness by the
accused person, his or her family and associates, or any other person likely to be
an accused or a witness and (vi) the views of the witness.

[321]. The special measures that may be used in respect of a child witness, as a
vulnerable witness, are listed in section 271H as follows: (i) taking of vide-
recorded evidence by a commissioner (section 271I); (ii) use of a live
television link (section 271J); (iii) use of a screen (section 271K); (iv) use of a
‘supporter’, this being a person who may be present alongside the witness as he
or she gives evidence in court (section 271L) and (v) giving evidence in chief in
the form of a prior statement (section 271M).

434
Scottish Executive (2008) Safeguarding children who may have been trafficked in Scotland,
p.36.
435
UK/ Vulnerable Witnesses (Scotland) Act 2004 asp.3 (14.04.2004), available at:
http://www.opsi.gov.uk/legislation/scotland/acts2004/asp_20040003_en_1 (08.07.2008).
436
UK/ Criminal Procedure (Scotland) Act 2005 c.46 (08.11.1995), section 271(1)(a), available
at: http://www.opsi.gov.uk/Acts/acts1995/ukpga_19950046_en_1 (08.07.2008).
437
As in the legislation which applies in the rest of the UK, there is no word modifying the
requirement that the quality of evidence given be ‘diminished’.
438
UK/ Criminal Procedure (Scotland) Act 2005 c.46 (08.11.1995), s. 271(b).

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 Thematic Study on child trafficking [United Kingdom]

[322]. The measures in sections 271J, 271K and 271L are defined as ‘standard special
measures’.439 Further measures may be added by statutory instrument.440

[323]. A child witness is entitled to benefit from the deployment of one or more of
these special measures.441 The question of which measures should be used is
initially for the party seeking their use. That party must apply to the court, with
notice also given to the other parties to the pending case, for the permission to
use a specified special measures or measures, usually no later than 14 days
before the start of the trial.442 That application must refer to the views of the
child, if any.443

[324]. If that application specifies a standard special measure, the court must make an
order for the use of that measure or measures.444 If the application specifies a
non-standard special measure, the court may order the use of that measure if it
appears appropriate to do so for the purposes of taking the child’s evidence, and
must do so within seven days of the making of the application.445 If no
application for the use of a special measure has been made and it appears to the
court that a child witness will be called, the court has powers to postpone the
trial in order for a hearing to determine whether any special measure should be
used, and should.446 The court should usually order the use of special measures
considered appropriate (i) unless the child has expressed a wish to give
evidence without the use of any special measure and the court decides it is
appropriate that no special measure be used,447 or (ii) because the use of a
special measure would create a significant risk or prejudice to a fair trial and
that risk outweighs any risk of prejudice to the interests of the child.448

[325]. A similar regime applies to vulnerable witnesses other than child witnesses,
with the exception that the concept of ‘standard special measures’ has no
application and the court has a discretion in all cases whether to make an order
for the use of the special measure sought.449 This is the regime that applies to all
those of 16 years of age and above.

[326]. Further provision is made for child witnesses under the age of 12 in cases where
the offence in question is a homicide offence, a sexual, violent, or child cruelty

439
UK/ Criminal Procedure (Scotland) Act 2005 c.46 (08.11.1995), s. 271A(14).
440
UK/ Criminal Procedure (Scotland) Act 2005 c.46 (08.11.1995), s. 271H(f): any new measure
must be approved by a resolution of the Scottish Parliament: section 271(2).
441
UK/Criminal Procedure (Scotland) Act 2005, s.271A(1).
442
UK/Criminal Procedure (Scotland) Act 2005, s.271A(2).
443
UK/Criminal Procedure (Scotland) Act 2005, ss. 271A(3) and 271E(2)(b). Section 271E(3)
provides that a child of 12 years of age is presumed old and mature enough to form a valid
view.
444
UK/Criminal Procedure (Scotland) Act 2005, s.271A(5)(a).
445
UK/Criminal Procedure (Scotland) Act 2005, s.271A(5).
446
UK/Criminal Procedure (Scotland) Act 2005, s.271A(6)-(10).
447
UK/Criminal Procedure (Scotland) Act 2005, s.271A(10)(a).
448
UK/Criminal Procedure (Scotland) Act 2005, s.271A(10)(b).
449
UK/Criminal Procedure (Scotland) Act 2005, s.271C.

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offence, abduction or kidnapping.450 In such circumstances the court may not

make an order which requires the child to be either in court or in the building in
which the court is situated unless (i) the child wishes to be present and his or
her presence is appropriate, or (ii) the absence of the child would create a
significant risk or prejudice to a fair trial and that risk outweighs any risk of
prejudice to the interests of the child.

[327]. In all cases the court retains a general discretion to review the arrangements, if
any, regarding the use of special measures and may make, vary or revoke an
order at any stage of proceedings,451 although it may only revoke an order
where (i) the witness wishes to give evidence without the use of the special
measure or measures and that it is appropriate that he or she do so, or (ii) the
continued use of the special measure create a significant risk or prejudice to a
fair trial and that risk outweighs any risk of prejudice to the interests of the
child.452

[328]. As in the legislation that applies in the rest of the UK, the law of Scotland
prohibits cross-examination of witnesses by the accused in person in certain
circumstances. Section 6 of the Vulnerable Witnesses (Scotland) Act 2004
inserts various further provisions into the Criminal Procedure (Scotland) Act
2005. An accused person may not conduct his or her own defence in person if
(i) a witness under the age of 12 is to give evidence and the offence where the
offence in question is a homicide offence, a sexual, violent, or child cruelty
offence, abduction or kidnapping453 or (ii) a vulnerable witness of any age is to
give evidence in respect of any offence and in the view of the court it is in the
interests of that person to disallow the accused from conducting his own
defence, unless to do so would give risk to a significant risk of prejudice to a
fair trial and that risk significantly outweighs any risk of prejudice to the
interests of the vulnerable witness if the order is not made.454

[329]. The legal framework for witness protection. Part 2, Chapter 4 and Schedule 5 of
the Serious Organised Crime and Police Act 2005455 provides the statutory basis
for providing protection to witnesses before, during, and subsequent to criminal
investigations and prosecutions in the UK.

[330]. Section 82 of this Act gives a power to a ‘protection provider’ to ‘make such
arrangements as he considers appropriate’ for the purposes of protecting a
person of a description specified in Schedule 5 of the Act, and section 82(5)
defines a ‘protection provider’ as the chief officer of any police force in

450
UK/Criminal Procedure (Scotland) Act 2005, s.271B.
451
UK/Criminal Procedure (Scotland) Act 2005, s.271D.
452
UK/Criminal Procedure (Scotland) Act 2005, s.271D(4).
453
UK/Criminal Procedure (Scotland) Act 2005, s.288E. This applies also to any pre-trial
examination of the witness by the accused: see section 291(6),(7).
454
UK/Criminal Procedure (Scotland) Act 2005, s. 288F.
455
UK/Serious Organised Crime and Police Act 2005 c.15 (07.04.2005), available at:
http://www.opsi.gov.uk/acts/acts2005/plain/ukpga_20050015_en#pt2-ch4-l1g94
(09.07.2008).

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 Thematic Study on child trafficking [United Kingdom]

England, Scotland, Northern Ireland or Wales, and other leading law

enforcement officers in specialist agencies relating to serious organised crime,
drug offences, and revenue and customs.

[331]. Schedule 5 to the 2005 Act contains a long list of persons eligible for protection
including criminal justice officers from all agencies, judges, lawyers and jurors,
as well as any person who is, or has, or might, act as a witness or give evidence
in criminal proceedings. However, it is also a requirement for eligibility for
protection that the person in question is ordinarily resident in the UK.

[332]. On the basis of the decision of the High Court in R(A) v Health Secretary and
West Middlesex University Hospital NHS Trust,456 it would seem that any child
trafficking victim who is in the UK, whether having been granted asylum,
humanitarian protection or DL to remain in the UK, or who has been denied any
or all of those applications but in respect of whom removal directions have yet
to be made, will qualify for witness protection, provided that it can be said as, a
question of fact and circumstance, that he or she has spent ‘a significant period’
of time in the UK.

[333]. Two or more protection providers can act together to make joint protection
arrangements;457 and responsibility for providing protection may be transferred
from one provider to another.458 This allows a witness or other person in need of
protection to be moved from one area of the UK to another as a means of
securing protection. Moreover, a protection provider can call on another public
authority to assist in making protection arrangements, and that public authority
is under a duty to take reasonable steps to comply with such a request.459 This
could be, for example, a local housing authority, which eases the difficulties in
moving a witness out of the immediate area, by securing accommodation in the
form of social or other housing for that witness elsewhere.

[334]. Protection providers may also call on other public agencies to assist, for
example, in the protection of the witness by helping to provide that witness with
a new identity.

[335]. The efficacy of the scheme is buttressed by the creation of criminal offences, of
disclosing information relating to the making, variation or cancellation of any
arrangement,460 and of disclosing information relating to the assumption of a
new identity by a protected person.461 Moreover, a person who lies to or
misleads another person in order to protect a witness who has assumed a new

456
R(A) v Health Secretary and West Middlesex University Hospital NHS Trust [2008] EWHC
855 (Admin), discussed at Chapter E.6.1. above.
457
UK/Serious Organised Crime and Police Act 2005 c.15 (07.04.2005), s.83.
458
UK/Serious Organised Crime and Police Act 2005 c.15 (07.04.2005), s.84.
459
UK/Serious Organised Crime and Police Act 2005 c.15 (07.04.2005), s.85(2).
460
UK/Serious Organised Crime and Police Act 2005 c.15 (07.04.2005), s.86.
461
UK/Serious Organised Crime and Police Act 2005 c.15 (07.04.2005), s.88.

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identity is protected from any criminal or civil liability for the consequences of
that false or misleading statement.462

G.2. Number of convictions for child

trafficking offences [65].
[336]. This data does not appear to be available. Criminal statistics only provide a
breakdown of number of final convictions for a limited range of offences.
Immigration offences appear in the ‘other offences’ category463 and immigration
offences are not further broken down into sub-categories.

[337]. The revised UK Action Plan on Tackling Human Trafficking does reveal that
there were 84 convictions for trafficking for sexual exploitation under the
Sexual Offences Act 2003464 between May 2004 and May 2008.465 However,
this Act applies to adults as well as children and it is not clear how many of
these 84 convictions related to child trafficking. Moreover, as the revised
Action Plan notes, ‘traffickers may not necessarily be charged with specific
trafficking offences’.466

[338]. As mentioned elsewhere in this Report (see paras. 91-96), steps have been taken
to begin to collate systematic data on trafficking. The collection of data began
in April 2008.

G.3. Legal Provisions granting access to

justice for trafficked children [66].
[339]. There are no legal provisions which provide access to justice specifically for
trafficked children. However there are a number of legal mechanisms by which
compensation may be provided for them.

[340]. Criminal Injuries Compensation. Victims of violent crime in Scotland, England,

Wales467 and Northern Ireland468 may make an application for compensation to

462
UK/Serious Organised Crime and Police Act 2005 c.15 (07.04.2005), s.90.
463
See http://www.crimestatistics.org.uk/output/Page79.asp (07.07.2008).
464
See para.67 above. The 2003 Act applies only in England, Wales and Northern Ireland. Thus,
these statistics do not include convictions in Scotland.
465
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.16.
466
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.16.
467
UK/Criminal Injuries Compensation Act 1995 c.53 (08.11.1995), s.13(2), available at:
http://www.opsi.gov.uk/ACTS/acts1995/ukpga_19950053_en_1 (07.07.2008).
468
Northern Ireland has its own scheme, the details of which can be found in the
UK/ Criminal Injuries Compensation (Northern Ireland) Order 2002 No. 796 (NI.1)
(26.03.2002), available at: http://www.opsi.gov.uk/si/si2002/20020796.htm (09.07.2008). It is

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 Thematic Study on child trafficking [United Kingdom]

the Criminal Injuries Compensation Authority (CICA). It is possible to apply on

line.469 In 2007 a package of ‘enhanced services’ for trafficking victims was
piloted, which included assistance with applying to the CICA for
compensation.470 There is no requirement that the perpetrator be convicted in
order for the victim to be compensated.471 The CICA is sponsored by the
Ministry of Justice and pays compensation according to a tariff those who suffer
criminal injuries. To be eligible for compensation under this scheme the
applicant

• Must have been in England, Scotland or Wales (in the scheme which
applies to those countries) or Northern Ireland (in the Northern Ireland
Scheme) at the time of the incident;

• Must have reported the incident to the police without delay472 (unless there
is a good reason for the delay);

• Must co-operate with law enforcement agencies (para 13);

• Must be of such character that compensation is appropriate (para 13);

• Must apply for compensation within two years of the incident (para 18);

• In addition, if the applicant is below the age of 18 years, the claims officer
must be satisfied that ‘that it would not be against his interest for an award
to be made’ (para 16).

[341]. The scheme compensates for a ‘criminal injury’, which is defined as a personal
injury sustained and directly attributable to a crime of violence.473 A ‘personal
injury’ is defined in turn as ‘physical injury (including fatal injury), mental
injury (that is temporary mental anxiety, medically verified, or a disabling

in essence similar to the scheme that operates in the rest of the UK, although tariff levels are
generally higher in the Northern Ireland scheme. In 2008 the Northern Ireland Office
consulted on the possibility of introducing a new scheme in the province in 2009: see
Northern Ireland Office (2008) Proposed Northern Ireland Criminal Injuries Compensation
Scheme 2009, available at http://www.nio.gov.uk/consultation_document_-
_proposed_northern_ireland_criminal_injuries_compensation_scheme.pdf (07.07.2008)
469
See
https://www.cica.gov.uk/portal/page?_pageid=33,1&_dad=portal&_schema=PORTAL
(07.07.2008).
470
Home Office and Scottish Executive (2007) UK Action Plan, p. 54.
471
Home Office (2001) Criminal Injuries Compensation Scheme 2001 TSI (Issue Number One
4/01), para. 10, available at: http://www.govanlc.com/2001cics.pdf (15.07.2008).
472
Para 13. The Criminal Injuries Compensation Authority interprets this to mean 48 hours: see
https://www.cica.gov.uk/portal/page?_pageid=33,278559&_dad=portal&_schema=PORTAL
(07.07.2008).
473
Home Office (2001) Criminal Injuries Compensation Scheme 2001 TSI (Issue Number One
4/01), para. 8.

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mental illness confirmed by psychiatric diagnosis) and disease (that is a

medically recognised illness or condition).474

[342]. No compensation is payable for a mental injury unless that is a consequence of

physical injury, nor in respect of a sexual offence, unless the applicant for
compensation was put in reasonable fear of immediate physical harm to his own
person or, in the case of a sexual offence only, was a non-consenting victim of
that offence.475

[343]. Claims are handled by claims officers and decisions of officers, about eligibility
and the amount of any award of compensation, are open to reconsideration,476
review by a senior claims handler,477 and appeal against the outcome of that
review to the Criminal Injuries Compensation Appeal Panel.478 The decisions of
officers and of the appeal panel are subject to judicial review.

[344]. It can be seen that this scheme has a limited remit and does not provide
compensation to a trafficked child to compensate for that trafficking, although it
may compensate for criminal injuries suffered by that trafficking victim at the
hands of his or her traffickers within the UK.

[345]. Compensation Order made by a court on conviction for a criminal offence. On

the conviction of a person for a criminal offence, including a child trafficking
offence, the convicting court has powers to order the payment of compensation
to the victim or victims of that offence for any personal injury, loss or damage
caused by the offence. In England and Wales these powers are found in section
130 Powers of Criminal Courts Sentencing Act 2000,479 Compensation can be
ordered as well as or instead of passing another sentence on the convicted
person, except for some serious violent offences, when compensation is only
payable in addition to the passing of a conventional sentence.480 The amount of
compensation payable is in the discretion of the court.481

[346]. In Scotland, section 249 Criminal Procedure (Scotland) Act 1995 provides that
compensation is payable by an offender on conviction to a victim of the offence
to make amends for personal injury, loss or damage whether caused directly, or

474
Home Office (2001) Criminal Injuries Compensation Scheme 2001 TSI (Issue Number One
4/01), para. 9.
475
Home Office (2001) Criminal Injuries Compensation Scheme 2001 TSI (Issue Number One
4/01), paras. 9(a), 9(c).
476
Home Office (2001) Criminal Injuries Compensation Scheme 2001 TSI (Issue Number One
4/01), para. 53.
477
Home Office (2001) Criminal Injuries Compensation Scheme 2001 TSI (Issue Number One
4/01), paras. 58-60.
478
Home Office (2001) Criminal Injuries Compensation Scheme 2001 TSI (Issue Number One
4/01), paras. 61-71.
479
UK/Powers of Criminal Courts Sentencing Act 2000 c.6 (25.05.2000), available at:
http://www.opsi.gov.uk/Acts/acts2000/ukpga_20000006_en_1 (10.07.2008).
480
UK/Powers of Criminal Courts Sentencing Act 2000 c.6 (25.05.2000), s.130(2).
481
UK/Powers of Criminal Courts Sentencing Act 2000 c.6 (25.05.2000), s.130(4).
Compensation is not payable until any appeal process has been exhausted: section 132.

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indirectly or for alarm or distress caused directly. As in England and Wales,

compensation can be ordered as well as or instead of passing another sentence
on the convicted person,482 although in Scotland, a compensation order may not
be made together with a probation order or an order for absolute discharge.483
The amount of compensation payable is in the discretion of the court,484 and
there is no limit on the amount which the senior criminal courts may impose.485

[347]. The law in Northern Ireland is to be found in Articles 14 to 17 of the Criminal

Justice (Northern Ireland) Order 1994.486 It is substantively similar to that
which applies in Scotland.

[348]. Compensation through Civil Action. The trafficking of children usually involves
the possible commission of various torts (civil wrongs) against the child by the
trafficker for which the child may sue in a civil court. Examples include
trespass to the person, unlawful imprisonment and deceit (deceit is a false and
dishonest statement that is relied on to his or her detriment by some other
person). If successful the applicant will be entitled to damages to compensate
for any loss suffered as a result of the tort. If he or she has already been
compensated by a criminal court following the conviction of a person for the
criminal offence which also constitutes the tort, any award of damages
(compensation) in a civil court will be reduced by that extent.487 Financial
assistance for legal representation in court will be available but only if there is a
very good chance of success and likely damages will exceed likely costs, or a
good chance and damages will equal costs, or there is a moderate prospect of
success and damages are likely to exceed costs. If there is a significant wider
public interest in the outcome of the action the likely benefits to others apart
from the applicant may also be taken into account. This may be applicable in
child trafficking cases. 488

[349]. It is to be noted that in Scotland, the Vulnerable Witnesses (Scotland) Act 2004
provides for the protection of vulnerable witnesses in civil proceedings in a
scheme similar to that which operates in criminal proceedings, discussed
above.489

482
UK/Criminal Procedure (Scotland) Act 1995 c.46 (08.11.1995), s. 249(1).
483
UK/Criminal Procedure (Scotland) Act 1995 c.46 (08.11.1995), s.249(2).
484
UK/Criminal Procedure (Scotland) Act 1995 c.46 (08.11.1995), s.249(5). Compensation is
not payable until any appeal process has been exhausted: section 250(4).
485
UK/Crimnal Procedure (Scotland) Act 1995 c.46 (08.11.1995), s.249(7).
486
UK/ Criminal Justice (Northern Ireland) Order 1994 No. 2795 (N.I. 15) (02.11.1994),
available at: http://www.opsi.gov.uk/SI/si1994/Uksi_19942795_en_1.htm#tcon (07.07.2008).
487
UK/ Powers of Criminal Courts Sentencing Act 2000 c.6 (25.05.2000) (England and Wales),
s.134; UK/Criminal Procedure (Scotland) Act 1995 c.46 (08.11.1995), s.253; UK/ Criminal
Justice (Northern Ireland) Order 1994 No. 2795 (N.I. 15) (02.11.1994), art.17.
488
See Legal Services Commission (2007) The Funding Code Part A: Criteria, para 5.7.
489
UK/ Vulnerable Witnesses (Scotland) Act 2004 asp.3 (14.04.2004), part 2.

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G.4. Amounts of compensation paid to

trafficked children [67].
[350]. Data on the total amount, average amount and range of amounts of
compensation paid to trafficked children, per year (2000-2007) does not appear
to be available.

H. Miscellaneous
H.1. Current issues in the debate relating to
child trafficking [68].
[351]. UK Parliament debates on Human Trafficking.490

[352]. In July 2008, a discussion on Human Trafficking took place in Westminster.491

It was acknowledged that human trafficking three years ago was not discussed
within government at the same level as it is today. The work of the UK Human
Trafficking Centre (UKHTC) was acknowledged, in particular Operation
Pentameter 2. Also discussed was the plight of missing children, with the
example of Wales’ 35 missing children and a further 400 children missing from
local authority care in the UK. It was recognised that comprehensive statistics
for trafficked victims are currently not available. It is anticipated that
parliamentary groups would be set up to work with the rest of Europe and
support the many initiatives on trafficking.

[353]. January 2008:492 UK Minister for Women and Equality was asked to provide an
estimate for the number of trafficked people who arrived in the UK in the last
five years, broken down by (a) country of origin and (b) sex; and how many of
these were (i) British and (ii) foreign nationals. No estimates available though
data from Poppy Project suggest 17-25 year olds from Lithuania, Albania,
Nigeria and Thailand had the highest number of victim referrals.

490
See http://www.publications.parliament.uk/cgi-bin/search.pl (09.07.2008).
491
See http://www.theyworkforyou.com/whall/?id=2008-07-08a.369.0 (09.07.2008).
492
Hansard (House of Commons), 14.01.2008, column 817W, available at:
http://www.parliament.the-stationery-
office.co.uk/pa/cm200708/cmhansrd/cm080114/text/80114w0001.htm (09.07.2008).

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[354]. July 2008:493 Minister for Justice, Equality and Law Reform was asked what the
budget allocated to prevent human trafficking with specific reference to child
trafficking was. Funding for the human trafficking activities does not require an
allocated budget and is paid for as part of the general expenditure from the
Department of Justice, Equality and Law Reform and Garda Votes. See also
unrevised report on trafficking.494

H.2. Additional Information [69].

[355]. An award of £62,000 from the Criminal Injuries Compensation Authority
(CICA) was made to a Romanian national who was forced into prostitution.495

[356]. In July 2008, Operation Pentameter 2496 which focussed on rescuing and
protecting victims trafficked to the UK for the purpose of sexual exploitation
led to 167 being identified and 528 criminals arrested.

[357]. In April 2008, the National Police Improvement Agency (NPIA)497 became
responsible for missing persons in the UK. NPIA works with police and other
law enforcement agencies to improve services provided to missing persons. No
statistics are available on victims of child trafficking who leave shelters.

[358]. Though not directly linked to trafficking, the Missing People charity supports
missing people, young runaways, unidentified people and their families.498
Missing People and the National Society for the Prevention of Cruelty to
Children (NSPCC) work together to locate missing children/runaways through
various measures that include a helpline, media publicity and a register of
missing people. No statistics are available for trafficked children.

[359]. In Scotland, the equivalent to the Every Child Matters agenda is Getting it right
for every child 2006.499

[360]. Sentencing policy for trafficking offences. The UK courts have taken a robust
attitude towards the sentencing of persons convicted of child trafficking

493
See Answers to Written Parliamentary Questions, What is the budget allocated to prevent
human trafficking with specific reference to child trafficking, available at:
http://www.jcfj.ie/pqs/index.php?option=com_sobi2&sobi2Task=sobi2Details&catid=141&s
obi2Id=1266&Itemid=27 (09.07.2008).
494
See Official Report (Unrevised) on Trafficking, available at:
http://www.jcfj.ie/pqs/index.php?option=com_sobi2&catid=141&Itemid=27 (09.07.2008).
495
Home Office and Scottish Executive (2007) UK Action Plan, p.28.
496
Home Office press release Major police probe into trafficking leads to 528 arrests, 02 July
2008, available at: http://press.homeoffice.gov.uk/press-releases/police-probe-trafficking
(09.07.2008).
497
See http://www.npia.police.uk/en/10200.htm (09.07.2008).
498
See http://www.missingpeople.org.uk/ (09.07.2008).
499
Scottish Executive (2006) Getting it right for every child. Implementation Plan, available at:
http://www.scotland.gov.uk/Resource/Doc/131460/0031397.pdf (09.07.2008).

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offences. Sentences increased or upheld by the Court of Appeal, which has

responsibility for giving the lead on sentencing policy for the lower courts
include:

• Attorney-General’s Reference No. 6 of 2004500 (23 years imprisonment for

trafficking seven young women, five of them children, for the purposes of
prostitution).

• R v. Maka (Shaban)501 (18 years imprisonment for trafficking and

retrafficking one 15 year old girl for prostitution).

• R v Ramaj and Atesogullari502 (five years imprisonment for one offence of

trafficking an 18 year old woman for the purposes of prostitution, defendant
young and of previous good character).

• Attorney-General’s Reference Nos. 129 and 132 of 2006503 (five years

imprisonment for trafficking adult women to work as prostitutes, with the
consent of the women concerned).

• R v Roci504 (nine years imprisonment for trafficking adult women to work as

prostitutes, with the consent of the women involved).

• R v Atilla Makai505(30 months imprisonment for marginal involvement in

trafficking, in the form of meeting women at a UK airport and driving them
to brothels to work as prostitutes, with the consent of the women involved).

500
Attorney-General’s Reference No. 6 of 2004 [2004] EWCA Crim 1275; [2005] 1 Cr. App. R.
(S.) 19.
501
R v. Maka (Shaban) [2005] EWCA Crim 3365; [2006] 2 Cr. App. R. (S.) 14.
502
R v Ramaj and Atesogullari [2006] 2 Cr. App. R. (S.). 83.
503
Attorney-General’s Reference Nos. 129 and 132 of 2006 [2007] EWCA Crim 762.
504
R v Roci [2006] 2 Cr. App. R. (S.)15.
505
R v Atilla Makai [2008] 1 Cr. App. R. (S.)73, [2007] EWCA Crim 1652.

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I. Good Practice [70].

[361]. NRUC - National Register of Unaccompanied Children (See para.[282]) which
ensures continuity of care for unaccompanied asylum seeking children.

[362]. Operation Paladin506 - The Terms of reference for a best practice model for
Paladin is in the process of being agreed by the Association of Chief Police
Officers (ACPO).507 This will be replicated at all ports of entry in the UK in the
near future, to address the needs of migrating children.

[363]. CTAIL – the Child Trafficking Advice and Information Line is a unique phone
in service that works for trafficking victims and professionals on a national and
international basis.

[364]. ECPAT E-Learning Tool – A high-impact piece of learning, using a mini-

website that provides models of good practice that could be applied successfully
in the field by practitioners to reduce the risks faced by trafficked children.

[365]. AFRUCA training on African Children and their families - AFRUCA is

committed to facilitating and developing the learning and skills of those who
work with African children and their families and those who provide services to
meet their needs.508

[366]. UK Human Trafficking Centre (UKHTC) sub groups in Research,

Prevention, Victim Care, Learning and Development, Operations and
Intelligence as well as the UKHTC Overview and Advisory Group, the child
protection victim care group of the UKHTC and the Independent Advisory
Group to the UKHTC.

[367]. Local Safeguarding Children Boards’ (LSCB) subgroups – Active

subgroups in each local authority addressing the needs of trafficked children

[368]. Child protection system – addresses the needs of all children and legally
supported by the Children’s Act.

[369]. Every Child Matters – A Government approach that places a responsibilities

on all practitioners ensuring that every child has the support it needs to ‘Be
healthy, Stay safe, Enjoy and achieve, Make a positive contribution and
Achieve economic well-being’.

506
See http://www.mpa.gov.uk/committees/ppr/2007/070712/07.htm (09.07.2008).
507
Information provided by David Macdonald (Vulnerable Persons Coordinator, Home Office)
on 17.07.08.
508
See Africans Unite Against Child Abuse (AFRUCA) (2008) Training Programme, available
at: http://www.afruca.org/documents/afruca%202008-2009%20training%20courses.pdf
(09.07.2008).

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[370]. Protocols509 - Model protocol for action between children’s services and the
police concerning under 18s who are identified as part of Operation Pentameter
2.

509
Copies provided by David Macdonald (Vulnerable Persons Coordinator, Home Office) on
17.07.08, on file with the authors.

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Annex 1 - Tables and Statistics

2000 2001 2002 2003 2004 2005 2006 2007

Number of children being

granted temporary stay
on grounds of trafficking

Number of trafficked
children receiving full
health care services,
including psychosocial
care and rehabilitation
(e.g. not just emergency
treatment)

Number of trafficked
children receiving
education/training, in
particular secondary
education and vocational
training

Number of trafficked
children receiving legal
assistance (e.g. for
claiming compensation)

Number of final
convictions based on
child trafficking cases,
per year

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Total of amount of
compensation paid to
trafficked children, per
year

Average of amounts of
compensation paid to
trafficked children, per
year

Range of amount of
compensation paid to
trafficked children, per
year

No data fitting the above categories are available. However, estimates suggest
that in 2003 there were up to 4,000 women in the UK that had been trafficked
for sexual exploitation. There is no definitive data available as to the scale of
trafficking into and within the UK.510

Please see Annex 2 for a breakdown of available recorded statistics provided by

various organisations.

510
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.75.

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Annex 2 - Tables and Statistics

RESEARCH 2003 2004 2006 2007 2008

REPORT

UNICEF(UK) Stop the 250 trafficked

traffic511 women and
children

New Scotland Operation 28 untraced

Yard PALADIN children (14
child512 subsequently
found)

ECPAT UK Cause for 35 cases of

concern513 child
trafficking

UKHTC Operation 88 trafficked

Pentameter514 victims
232 arrests
134 charged

ECPAT UK Missing Out515 80 cases of

known or
suspected
child victims
of trafficking
(48 missing)

CEOP A Scoping 330 cases

Project on Child of possible

511
UNICEF UK (2003) Stop the traffic, p.17, available at
http://www.unitarny.org/mm/File/8%20UNICEF%20UK%20Child%20Trafficking.pdf
(09.07.2008).
512
Metropolitan Police and Reflex (2004) Paladin Child. The Safeguarding children strand of
MAXIM funded by Reflex, p.25, available at:
http://www.mpa.gov.uk/downloads/committees/ppr/ppr-040712-14-appendix01.pdf
(09.07.2008).
513
ECPAT UK (2004) Cause for concern? London social services and child trafficking, p.28,
available at http://www.antislavery.org/homepage/antislavery/Cause%20for%20Concern.pdf
(09.07.2008).
514
See Home Office Press Release, Major Police probe into trafficking leads to 528 arrests, 2
July 2008, available at: http://press.homeoffice.gov.uk/press-releases/police-probe-trafficking
(09.07.2008).
515
ECPAT UK (2007) Missing Out - A Study of Child Trafficking in the North-West, North-East
and West Midlands, p.5, available at
http://www.ecpat.org.uk/downloads/ECPAT_UK_Missing_Out_2007.pdf (09.07.2008).

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Trafficking in child
the UK516 trafficking

UKHTC UK Action Plan 84

on Trafficking convictions
(Update)517 for
trafficking

516
Child Exploitation and Online Protection (CEOP) Centre (2007) A Scoping Project on Child
Trafficking in the UK, p.6.
517
Home Office and Scottish Executive (2008) Update to the UK Action Plan, p.16.

108