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7. Action for services

Identifying trafficked children

All ports of entry in the UK are potential channels for trafficking children. Identifying trafficked children at these ports of entry is likely to be difficult as they may not be showing obvious signs of distress. At this stage, the children are unlikely to see themselves as being at risk of harm from the trafficker. It is likely that the child will have been coached with a story to tell the authorities in the UK and warned not to disclose any detail beyond the story, as this may lead them to being deported.

The ports' intelligence units have developed a profile of trafficked children to assist immigration officers (see the on-line trafficking toolkit ²⁷). Other resources readily available to all staff include the location of Paladin-type teams, and the local UKBA.

Child victims may be discovered in routine police operations to detect and disrupt trafficking networks both in the UK and abroad and anyone who works with children may come into contact with a victim of trafficking.

All practitioners who come into contact with children and young people in their everyday work need to be able to recognise children who have been trafficked, and be competent to act to support and protect these children from harm. Practitioners may have to act on and respond to cases where they suspect a child might have been trafficked. The NSPCC Child Trafficking Advice and Information Line ²⁸ can provide guidance to any practitioner concerned about safeguarding the welfare of a trafficked child.

All agencies working with children who may have been trafficked into and within the UK should work together to safeguard and promote their welfare, providing the same standard of care that is available to any other child in the UK. This may be the crucial intervention which breaks the cycle of the child being vulnerable to continuing or further exploitation.

Possible indicators that a child may have been trafficked

There a number of indicators which suggest that a child may have been trafficked into the UK, and may still be controlled by the traffickers or receiving adults. These are as follows:

At port of entry

The child:

• has entered the country illegally;
• has no passport or other means of identification;
• has false documentation;
• possesses money and goods not accounted for;
• is malnourished;
• is unable to confirm the name and address of the person meeting them on arrival;
• has had their journey or visa arranged by someone other than themselves or their family;
• is accompanied by an adult who insists on remaining with the child at all times;
• is withdrawn and refuses to talk or appears afraid to talk to a person in authority;
• has a prepared story very similar to what other children have given;
• exhibits self-assurance, maturity and self-confidence not expected to be seen in a child of such an age;
• does not appear to have money but does have a mobile phone; and/or
• is unable, or reluctant to give details of accommodation or other personal details.

The sponsor:

• has previously made multiple visa applications for other children and/or has acted as the guarantor for other children's visa applications; and/or
• is known to have acted as the guarantor on the visa applications for other visitors who have not returned to their countries of origin on the expiry of those visas.

Whilst resident in the UK

The child:

• does not appear to have money but does have a mobile phone;
• receives unexplained/unidentified phone calls whilst in placement/temporary accommodation;
• possesses money and goods not accounted for;
• exhibits self assurance, maturity and self-confidence not expected to be seen in a child of such age;
• has a prepared story very similar to what other children have given;
• shows signs of physical or sexual abuse, and/or has contracted a sexually transmitted infection or has an unplanned pregnancy;
• has a history with missing links and unexplained moves;
• has gone missing from local authority care;
• is required to earn a minimum amount of money every day;
• works in various locations;
• has limited freedom of movement;
• appears to be missing for periods;
• is known to beg for money;
• performs excessive housework chores and rarely leaves the residence;
• is malnourished;
• is being cared for by adult/s who are not their parents and the quality of the relationship between the child and their adult carers is not good;
• is one among a number of unrelated children found at one address;
• has not been registered with or attended a GP practice;
• has not been enrolled in school;
• has to pay off an exorbitant debt, e.g. for travel costs, before having control over own earnings;
• is permanently deprived of a large part of their earnings by another person; and/or
• is excessively afraid of being deported.

Children internally trafficked within the UK

Indicators include:

• Physical symptoms (bruising indicating either physical or sexual assault);
• Prevalence of a sexually transmitted infection or unplanned pregnancy;
• Young person known to be sexually active;
• Reports from reliable sources suggesting the likelihood of involvement in sexual exploitation;
• Reports that the child has been seen in places known to be used for sexual exploitation;
• Evidence of drug, alcohol or substance misuse;
• Leaving home/care setting in clothing unusual for the individual child (inappropriate for age, borrowing clothing from older people);
• Phone calls or letters from adults outside the usual range of social contacts;
• Adults loitering outside the child's usual place of residence;
• Significantly older boyfriend;
• Accounts of social activities with no plausible explanation of the source of necessary funding;
• Persistently missing, staying out overnight or returning late with no plausible explanation;
• Returning after having been missing, looking well cared for despite having no known base;
• Missing for long periods, with no known base;
• Placement breakdown;
• Pattern of street homelessness;
• Possession of large amounts of money with no plausible explanation;
• Acquisition of expensive clothes, mobile phones or other possessions without plausible explanation;
• Having keys to premises other than those known about;
• Low self-image, low self-esteem, self-harming behaviour including cutting, overdosing, eating disorder, promiscuity;
• Truancy/disengagement with education;
• Entering or leaving vehicles driven by unknown adults;
• Going missing and being found in areas where the child or young person has no known links; and/or
• Possible inappropriate use of the internet and forming on-line relationships, particularly with adults.

The indicators above should not be read as a definitive list and practitioners should be aware of any other unusual factors that may suggest a child might have been trafficked. They are intended as a guide, which should be included in a wider assessment of the young person's circumstances. These final set of indicators are applicable to both cases of sexual exploitation and internal trafficking.

It is also important to note that trafficked children might not show obvious signs of distress or abuse and this makes identifying children who may have been trafficked difficult. Some children are unaware that they may have been trafficked, others may also actively participate in hiding that they may have been trafficked.

Action to safeguard and promote the rights and welfare of trafficked children

The purpose of this section is to highlight issues additional to the processes for managing individual children outlined in local child protection procedures and relevant national guidance ²⁹, ³⁰ and the framework for standards for child protection ³¹. Local authorities and the police have powers to safeguard and promote the welfare of any child in Scotland.

If any agency, individual practitioner or volunteer suspects a child may have been trafficked they should immediately contact the local authority children's services or the police. They may also contact the NSPCC Child Trafficking Advice and Information Line for advice.

The local arrangements for safeguarding and promoting the welfare of trafficked children must be consistent with the approaches used for safeguarding and promoting the rights and welfare of all children.

Appendix 2 provides a model for the processes that could be followed in individual cases.

Immigration staff who are concerned that a child they suspect may have been trafficked should act quickly, following UKBA guidance. Staff should contact the child protection police officer and the local authority children's services by phone, followed by fax. As it is recognised that children who go missing shortly after asylum screening may have been trafficked, immigration staff should follow agreed protocols at all times.

Referral

When a professional, or another person, contacts the local authority children's services with concerns about whether a child may have been trafficked, the local authority should decide on a course of action. In these circumstances, prompt decisions may be required in order to act before the child goes missing. These will normally follow discussions with the individual making the referral, and will also involve other professionals and services as necessary (including those mentioned in the section above on support services to practitioners).

This initial consideration of the child's circumstances should address, on the basis of the available evidence, whether there are concerns about the child's safety and welfare. If further action is necessary, a decision is required on when enquiries and / or intervention should begin and how best to undertake them.

Immediate protection

If there is reasonable cause to believe that the child is suffering or likely to suffer significant harm, an agency with statutory child protection powers ³² should act quickly to secure the immediate safety of the child. In some cases it may be necessary to ensure either that the child remains in a safe place or is removed to a safe place, either on a voluntary basis, or by obtaining a child protection order ( CPO). The police also have powers to remove a child (emergency protection order), but these powers should only be used in exceptional circumstances. If, for example, there is insufficient time to seek an CPO, or for reasons relating to the immediate safety of the child. If further (non-emergency) action is required, consideration should be given to involvement of the police, education, health services, the referring agency and other relevant bodies e.g. housing, the benefits agency and immigration service. Careful consideration should be given to the effect of any action on the outcome of any investigation. Use of intelligence from the port of entry may help local authority children's services in pursuing further enquiries about the child.

Specific action

The initial assessment should be led by a qualified and experienced social worker. It should be carefully planned, with clarity about who is doing what, as well as when and what information is to be shared with parents. The planning process and decisions about the timing of the different assessment activities should be undertaken in collaboration with all those involved with the child and family. The process should involve:

• seeing and speaking to the child (according to their age and understanding) and family members as appropriate
• drawing together and analysing available information from a range of sources (including existing records): and
• involving and obtaining relevant information from professionals and others in contact with the child and family.

All relevant information (including historical information) should be taken into account. This includes seeking information from relevant services if the child and family have spent time abroad. Professionals from agencies such as health, local authority children's services or the police should request this information from their equivalent agencies in the country or countries in which the child have lived. Information about who to contact can be obtained via the Foreign and Commonwealth Office on 0207 008 1500 or the appropriate Embassy or Consulate based in London(see the London Diplomatic List (The Stationary Office), ISBN 0 11 591772 1 or the FCO website www.fco.gov.uk.

During the initial assessment, a social worker, police officer or the relevant official delegated by the person(s) co-ordinating the investigation should check all the documentation held by the referrer and other relevant agencies. Documentation should include (if available), passport, Home Office papers, birth certificate and proof of guardianship. This list is not exhaustive and all possible types of documentation should be considered. A recent or new photograph of the child should be included in the social worker's file together with copies of all relevant identification documentation.

When assessing any documentation attention should be given to the details. If a passport is being checked the official should:

• verify the date of issue;
• check the length of the visa;
• check whether the picture resembles the child;
• check whether the name in the passport is the same as the alleged mother/father, and if not, why not: and
• check whether it appears to be original and take copies to ensure further checks can be made if necessary.

Immigration staff will be able to provide a clear explanation of the immigration process, different forms of documents and leave to enter the UK and an opinion on the validity of the document.

Even if there are no immediate concerns about trafficking, the relevant agencies should consider the child's needs and develop a plan together to meet the child's needs in the manner most appropriate in each situation. Where several services or agencies are involved, it is recommended that there should be a lead professional co-ordinating and monitoring implementation of the plan. The social worker or lead professionals should advise the referrer of the proposed plan, as far as this is appropriate and if they are not already a party to the plan. In each case of a child with immigration issues, UKBA should be informed so that they can co-ordinate the immigration processes with the recommended child's plan.

Decision to interview

In Scotland, there are some variations in local child protection investigation structures (eg the extent to which specialist co-located multi disciplinary teams exist and the scope and role of such teams). However there are consistent and necessary features within initial referral and initial investigation processes, and these are described in the child protection procedures for each area. Initial concerns are placed in context through a process of initial referral discussion with the appointed local senior officers in police, social work, child health and education. If there appears to be a possibility that a child may have been trafficked, the police may well consult or alert immigration officials at this early juncture. The next steps in investigation are decided through this process of Initial Referral Discussion, and the role of each agency is agreed, and a decision is made about the need for a joint police/social work interview with the child and interviews with relevant others such as family members.

English guidance (in Working Together) is very clear that under no circumstances should the child and family be interviewed together. Scottish guidance ³³ on the investigative joint interviewing of children applies.

Professional interpreters, who have been approved (and Disclosure Scotland checked), should be used where English is not the child's preferred language. Under no circumstances should this be the sponsor or another adult purporting to be a parent, guardian or relative. Every child should be given ample opportunity to disclose any worries away from the presence of the sponsor.

The interview should include exploration of the following areas:

• family composition, brothers, sisters, ages of family members;
• parents' employment;
• tasks done around the house;
• length of time in this country;
• where they lived in their country of origin;
• where they went to school in their country of origin; and
• who cared for them in their country of origin.

The adults in the family should be interviewed separately covering the same areas. A comparison can then be made between the answers to ensure they match.

All documentation should be seen and checked. This includes Home Office documentation, passports, visas, utility bills, tenancy agreements, and birth certificates. Particular attention should be given to the documentation presented to the school at point of admission. It is not acceptable to be told that the passport is missing or that the paperwork is missing. It is extremely unlikely that a person does not know where their paperwork/official documentation is kept and this information could be considered as an indicator the child may have been trafficked.

The interview should be conducted as fully and completely as possible, both to ensure accuracy and to avoid intrusion into the family for a longer period than is absolutely necessary.

On completion of the initial assessment, a meeting should be held with the social worker, their supervising manager, the referring agency as appropriate, the police and any other professionals involved to decide on future action. Where there appears to be evidence of abuse or neglect, local procedures about child protection case conferences apply. Even when a child protection case conference is not deemed necessary, multi agency planning and agreement is necessary about any further steps required to address the child's needs.

Where it is found that the child is not a family member and is not related to any other person in this country, consideration should be given as to whether the child needs to be moved from the household and/or legal advice sought on making a separate application for immigration status.

Any law enforcement action regarding fraud, trafficking, deception and illegal entry to this country is the remit of the police. The local authority should assist in any way possible. The Crown Office and the Procurator Fiscal Service is responsible for the prosecution of crime in Scotland.

Issues for professionals to consider when working with trafficked children

The following services are likely to be needed to address the child's needs:

• appropriately trained and approved independent interpreters;
• counselling;
• child and adolescent mental health services ( CAMHs);
• independent legal advice;
• medical services;
• sexual health services;
• education;
• family tracing and contact (unless it is not consistent with their welfare); and,
• if appropriate, repatriation.

They will also need:

• practitioners to be informed and competent in matters relating to trafficking and exploitation;
• someone to spend time with them to build up a level of trust;
• to be interviewed separately. Children and young people will usually stick to their account and not speak until they feel comfortable;
• a safe placement if they are victims of an organised trafficking operation;
• their whereabouts to be kept confidential;
• legal advice about their rights and immigration status;
• discretion and caution to be used in tracing their families;
• a risk assessment to be made of the danger the child will face if he or she is repatriated;
• where appropriate, accommodation or refuge under the terms of the 1995 Act.

Practitioners should:

• consider interviewing children in school as they may feel more able to talk (however, they should take account of the guidance for interviewing child witnesses in Scotland) ³⁴;
• consider talking to children and young people using the phone, e-mail, text;
• ensure that carers are not in the proximity; and
• ensure that interpreters are agency approved and are Disclosure checked.

Supporting child witnesses

Assessing the willingness and capacity of a child victim to testify in court against a trafficker is complicated. This also applies to the process of gathering information that might support care proceedings. Like victims of domestic abuse, the child usually fears reprisal from the traffickers and/or the adults with whom he or she was living in the UK if they co-operate with local authority children's services or the police. For children trafficked from abroad an additional level of anxiety may exist because of fear of reprisals against their family in their home country. They may also fear being deported, having entered the UK illegally. Children, who might agree to testify in a criminal case, fear that they will be discredited in court because they were coerced into lying on their visa applications or immigration papers. No child should be coerced into testifying in court against a trafficker.

Where a child is to give evidence in court, they will have access to the special measures available under the Vulnerable Witness (Scotland) Act 2004 to help them to give their best evidence. If a child requires therapeutic support before or during the court proceedings this should not be denied but care should be taken to avoid the risk of contaminating the evidence. Practitioners should follow the guidance contained in the Code of Practice to Facilitate the Provision of Therapeutic Support to Child Witnesses in Court Proceedings ³⁵.

Returning trafficked children

In many cases, and with advice from their lawyers, trafficked children apply to the UKBA for asylum or for humanitarian protection. This is often because of the high risk they face of coming to harm if they are forced to return to their countries of origin. All such claims must be carefully considered. Among the factors to consider if the child is deported is the risk of him or her being re-trafficked with the possibility of further exploitation and abuse. When considering the child's application it will be important to gather information about the child's family, community and general conditions in the country of origin.

If the child does not qualify for asylum or humanitarian protection, and adequate reception arrangements are in place in the country of origin, the child will usually have to return. The process of returning the child should be handled sensitively and will require close cooperation between the UKBA and the child's social worker.

It is important that appropriate steps are taken to minimise the possibility of the child going missing once a decision to return him or her to their country of origin has been made. Equally, the social worker may be best placed to reconcile the child to being returned, and in helping the child access the assistance with reintegration which is available through voluntary return schemes (which are always the preferred way of carrying out any return to the child's country of origin).

Question 5 - Will there be any difficulty with incorporating the actions outlined within the above section into local procedures?

Question 6 - Are you satisfied that your data collection and information management systems are adequate for collection and collation of information about potentially trafficked children?

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