Professionals in a wide range of statutory and non-governmental roles may come into contact with trafficked children, and so the police, social workers, immigration officials, health workers, education professionals and legal advisers should be familiar with the definition and indicators of child trafficking. Statutory agencies and professionals who work with children have a responsibility to safeguard and promote their welfare.
All those who work with children and young people need to be aware of child trafficking as a child protection issue. Migrant children who have been trafficked have the same right to be protected as any other children and their immigration status should in no way detract from safeguarding priorities. Child protection policies and procedures should be followed when a victim of child trafficking is identified and a referral made to the local authority children’s services department.
If trafficking indicators are identified, the child should be referred to children’s services immediately so that child protection procedures can be initiated, if appropriate. Children’s services should conduct an initial assessment and then, where necessary, accommodate the child and conduct a child protection enquiry and a core assessment of need under section 47 of the Children Act 1989. If there is a risk that they will suffer significant harm if found by the trafficker, the child should be taken into care under section 31 of the Children Act 1989.
In March 2017 the Department for Education produced revised statutory guidance for local authorities on the care of unaccompanied migrant children and child victims of modern slavery, which explores the specialist needs of trafficked children.
Trafficked children may have particular needs: some trafficked children may need to be placed in a geographical location away from their traffickers. Assistance and support can never be a precondition of the child cooperating with a criminal investigation.
Every child is different, but to meet the short- and long-term needs of trafficked children the following may be required:
- careful planning for child-friendly interviews so interviews take place promptly with appropriate special measures and avoid repetition
- medical assistance, including counselling
- special measures during any criminal justice or court proceedings
- help finding a durable solution for their future, which takes into account their own views
- additional support with their education
- access to properly qualified interpreters and specialist English language classes
- safe and suitable accommodation, protected from re-trafficking and reducing the risk of the child or young person going missing
- access to legal advice – accessible information about their case and entitlements
- sexual health or maternity medical care, where appropriate
- additional support where a child is disabled
- support to trace family members, where this is in the child’s best interests
The National Referral Mechanism (NRM) can be a valuable gateway to support and official recognition of the experiences a child has undergone, but it also has the potential to be a stressful process in and of itself and re-traumatising if a child or young person’s account is not accepted at the end of the process. There would generally be a presumption that public officials would refer a child who may have been trafficked to the NRM, as it is the UK’s official route for identifying victims of trafficking. However, before a referral is made into the NRM professionals should consider the child’s best interests and the child’s own views. If appropriate, independent legal or expert advice should be sought to inform this best interests assessment before any referral to the NRM is made.
