ECPAT UK – Written Evidence (UME0032)

About ECPAT UK

ECPAT UK is a leading UK-based children’s rights organisation campaigning and advocating for the right of children to be protected from threats of trafficking and transnational child sexual abuse. We have a long history of campaigning against child trafficking and exploitation in the UK, having produced the first research into trafficking of children in the UK in 2001. An on-going programme of research, training, youth participation and advocacy informs our campaigning efforts. ECPAT UK has been instrumental in raising awareness of the plight of children trafficked into the UK for all forms of exploitation and advocating for changes in policy and legislation to improve the UK’s response to this abuse. We also work directly with young victims of trafficking, which provides insight into the experiences of these children and the processes/systems that they encounter. ECPAT UK is part of the ECPAT International network, which is present in 75 countries, working to end child exploitation.

ECPAT UK evidence

1. There is a lack of reliable data about the scale of unaccompanied children in the EU, as noted recently by Europol, which stated there were currently as many as 10,000 ‘missing’ or unaccounted for children. Just as concerning is the lack of data on the number of trafficked children in the EU, as well as a lack of intelligence on how the two issues conflate. For example, there has been much concern about trafficking gangs preying on vulnerable unaccompanied children in Europe, however, there is little hard evidence about how this is happening, where and to whom. ECPAT UK has come across cases of young people utilising existing migration routes and being exploited en route to the UK, with many experiencing exploitation during their journey as part of the ‘fee’ for travel.
    
2. In its most recent report, released this month, GRETA[1] expressed concern about the “serious shortcomings in the identification of child victims of trafficking, noting that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking”. It stated: “In many countries, unaccompanied children disappear within a few days of being placed in reception centres. The inadequacy of child protection measures and the lack of co-ordination at national level as well as between countries increase the risk of unaccompanied children falling victim to trafficking. In most countries there is little or no information on the identification of trafficked persons among separated children.”
    
3. The UK has made improvements on collecting data about the number of trafficked children, however, there are still major issues. The most recent National Referral Mechanism statistics from the National Crime Agency[2] show there were 982 children identified as potentially trafficked in 2015, yet in 2014 Government estimates put the number of people living in slavery in the UK at up to 13,000[3]. It is well documented that children represent between a quarter and a third of all known victims in the UK, so the likely number will be much higher than those being officially identified.
    
4. ECPAT UK is currently part of a European project that is looking at provision of guardians and legal representation for trafficked children in five countries: UK, Germany, Belgium, France and the Netherlands. This two-year project is conducting in-depth research into the situation of trafficked children in these five countries, developing training based on this and is producing child-friendly tools to assist unaccompanied children, in particular, who are at risk of trafficking and exploitation.
    
5. What is already emerging from this ongoing project is the disparity in data across EU member states and massive variation in identification process for trafficking. For example, the desk research conducted by ECPAT members in each country found that only eight trafficked children had been identified in Belgium and that only one child had been identified in the criminal justice process in France. Very few trafficked children were being identified as trafficked in Germany and these mostly seemed to have been subjected to sexual exploitation. There were more statistics in the Netherlands and the UK but it is not thought that these are comprehensive figures.
    
6. The role of guardians is also complex and inconsistent. In 2014, ECPAT UK was involved in the development of a handbook on guardianship by the Fundamental Rights Agency[4] (FRA). This handbook was about guardianship for children deprived of parental care and looked specifically at the needs of child victims of trafficking. It noted ‘significant differences’ in the way EU member states interpreted the concept of a guardian.
    
7. The UK has been criticised for the lack of legal guardianship for trafficked children, in particular in England and Wales. A recent report by the Council of Europe’s GRETA expert group[5] found:

“Effective access to asylum may also depend on the prompt appointment of a guardian to represent a child’s best interests… Similar concerns were expressed in GRETA’s first report on the United Kingdom, where it was noted that the appointment of a social worker or voluntary advocate fell short of providing a legal guardian who can act independently with authority and uphold the child’s best interests. Since then, significant legislative and policy developments on the appointment of legal guardians have taken place, in particular in Northern Ireland and Scotland.”

8. The Home Office’s recent decision to not roll out a national Child Trafficking Advocates scheme, following a year-long trial that was independently evaluated to be a “success” that “added value to existing provision”[6] has been strongly criticised by Parliamentarians and NGOs alike who are concerned that the provision in England and Wales falls far short of what is in existence (or has been committed to in recent legislation) in Scotland and Northern Ireland. ECPAT UK believes a failure to appoint an independent guardian with sufficient legal powers means the UK is not compliant with the EU Convention on trafficking and the EU Directive on trafficking. In addition, the FRA report notes that there is no European system of guardianship for trafficked children alone, with other states recognising the need for a wider system that encompasses all separated/unaccompanied children who are indeed very vulnerable to exploitation or to allow time for trafficking to be identified. England and Wales has yet to consider this approach, instead focusing on trafficked children alone, which we believe is far too narrow and leaves the potential for many trafficked children to fall through the gaps.
    
9. Support for unaccompanied and/or trafficked children from abroad is inconsistent, despite some examples of good practice. Accommodation placements for trafficked children from abroad are often based on what is available and budgets, and not always what is in a child’s best interests. There are no agreed safety standards for accommodating chid victims of trafficking. Accommodation provision for trafficked children varies significantly across the UK – from residential care homes, shared flats and houses, bedsits, bed and breakfast emergency housing, and foster care. Specialist foster care is often considered a preferred option for child victims of trafficking and research has indicated it is effective[7], however, there is very limited provision across the UK and no central funding to increase this. Support and accommodation is provided to separated children by children’s services in the local authority in where their needs are identified, most commonly under section 20 of the Children Act 1989 (in England & Wales). There is an assessment framework that provides a structure for the assessment of need across three domains – the child’s development needs, parenting capacity and family and environmental factors. Recent guidance published by the Department for Education on the care of ‘unaccompanied and trafficked’ children states that the care plan should include a description of how the child’s needs in relation to their unique situation of being without parents in the country will be met. This is to ensure that everyone involved in providing the child’s care is aware of their circumstance and enable them to provide for any needs resulting from it. Nevertheless, the best interests principle and the concept of durable solution are not part of this planning process. There is no formal process to properly determine best interests of child victims of trafficking in order to identify a durable solution for them, including a return to the country of origin. Furthermore there is still no initiative or plan to develop of a holistic assessment and determination of best interests which would lead to a durable solution for trafficked children. Although the UK has signed the EU Directive where the concept of a durable solutions is mentioned it has yet to comply with Art 16.2 of that Directive: ‘... take the necessary measures with a view to finding a durable solution based on the individual assessment of the best interests of the child”, in relation to children that have been trafficked.
    
10. ECPAT UK is currently conducting a detailed piece of research about unaccompanied and trafficked children going missing from the care system. This research, which began in November 2015, seeks to collect more accurate and up-to-date data about this worrying phenomenon. Research by ECPAT UK in 2007 revealed that up to 60% of trafficked children from abroad, many of whom were unaccompanied children, went missing from care and most were never found – and this is still a documented concern[8]. Yet no data on this is collected centrally, so our research involves FOIs of all UK local authorities. In addition, we are currently conducting interviews with professionals working with this cohort of children and hosting roundtables. We hope to publish this research in autumn 2016.
     
11. In 2012, an APPG inquiry[9] into children missing from care noted that trafficked children from abroad ‘were particularly let down’. Despite key recommendations and concerns, there has been little progress in this area. ECPAT UK welcomes the announcement of a review into the suitability of accommodation for unaccompanied children but there is no detail on when this will take place.
     
12. ECPAT UK is concerned about the lack of trafficking knowledge among professionals who have a statutory duty of care to children has led to safeguarding failures – such as a failure to identify children as potentially trafficked, a failure to understand the risks to these children (even once identified), risks of going missing and more. There is no mandatory training on identifying trafficking for social workers who play a vital role in safeguarding these vulnerable children once in the UK. ECPAT UK has delivered training on trafficking to frontline workers for the past decade and remains very concerned about low levels of understanding and workers’ abilities to identify and respond adequately to child victims of trafficking and slavery.
     
13. The Home Office is currently trialling a revised NRM system for identification of trafficking. ECPAT UK has a role in the multi-disciplinary panels being tested to make ‘conclusive grounds’ decisions. Many cases involved unaccompanied children from abroad. Yet it is important to note that many trafficked children arrive ‘accompanied’. That is, they arrive with an adult but this adult is not a primary caregiver or guardian. In many cases this adult is a trafficker or an agent. A failure to understand this concept means many children are not identified as trafficked at the border or in-country.
     
14. A 2014 review of the NRM failed to take on board recommendations for a system as recommended by a group of NGOs[10] that would have seen the NRM embedded in the existing child protection system. ECPAT UK believes that the NRM for children must be linked to guaranteed support, in the same way that it is for adult victims. This support should include, but is not limited to, specialist accommodation, an independent guardian and counselling.
     
15. It is also a concern that if a young person is recognised as trafficked by public authorities in one country, this is not necessarily recognised in other countries – and this is compounded by a lack of cross-border communication.
     
16. Integration remains a challenge for young people who arrive unaccompanied to the UK. ECPAT UK runs peer support groups in London – one for girls and one for boys, the latter in partnership with The Children’s Society, all of whom have been trafficked to the UK from abroad for various forms of exploitation. Among the many challenges these young people face are language barriers, lack of access to education opportunities, uncertainty about their immigration status and future, high support needs that are not met, declining support post-18 and social isolation.
     
17. ECPAT UK has joined other NGOs[11] in expressing concerns that the current Immigration Bill could be damaging to trafficked children, in particular proposed changes to the leaving care provisions that would affect those children who turn 18 without status or leave and may be appeal rights exhausted.
     
18. ECPAT UK believes there must be a new Action Plan on Unaccompanied Children that reflects the current situation and incorporates a strong focus on identifying child victims of trafficking and those at risk of exploitation/missing. ECPAT UK is currently participating in research with the FRA that is looking at the need for integrated child protection systems in the EU. Bureaucracy and the complexities of these cases make cross-border work very difficult.
     
19. ECPAT UK has previously argued for an EU-wide child protection agency to assist in cross-border child protection cases, provide strategic direction on the complex issues arising in such cases and produced best practice guidance. Europol is a law enforcement agency recognises the need for cross-border work, as does Eurojust. We believe there should be one to deal with this children’s cases where there is a cross-border element, such as trafficking or returns under Brussels/Dublin regulations, for example.
     
20. Age assessments an ongoing concern for unaccompanied children in the EU. In the UK, they are carried out by local authority children’s services social workers and also by Home Office UK Visas & Immigration (UKVI) staff. When a child is claiming asylum, there is policy on age assessments that states: ‘If there is little or no evidence to support the applicant’s claimed age and their claim to be a child is doubted, the following policy should be applied:
     

1.   The applicant should be treated as an adult if their physical appearance /demeanour very strongly suggests that they are significantly over 18 years of age’.
2.   All other applicants should be afforded the benefit of the doubt and treated as children, in accordance with the ‘Processing an asylum application from a child AI, until a careful assessment of their age has been completed.’[12]
 

21. There can be conflict where a local authority and UKVI disagree as to whether a young person is a child or not, especially if UKVI has visa documentation that states the young person is over 18 and the local authority is unclear. There is often a tendency to rely on immigration documents as a matter of routine, even after years of examples where this has been incorrect. However, guidance does warn that traffickers may have given the young person documents to facilitate their exit. Home Office case owners ‘should give considerable weight to the findings of age made by local authorities’, a local authority cannot simply accept the finding of the Home Office. In most cases, the age assessment process for migrant children in the UK is normally carried out by the local authority (if the case has actually been referred to them as a possible child). There is no statutory age assessment guidance for local authorities, so best practice is based on case law[13]. Assessments must be ‘holistic’ and not based on appearance solely and should be carried out by two qualified and trained social workers, among other things[14]. There is inconsistency in how assessments are carried out, with many local authorities facing legal challenges for failures to carry out lawful age assessments. In one local authority, it was reported more than £1.2m had been paid out over wrong decisions about age-disputed children[15]. Failure to identify a person as a child can have significant implications for a young person with regards to support and protection.
     
22. In summary, ECPAT UK and its partners in Europe remain deeply concerned about the risk of exploitation and trafficking to those children who are unaccompanied in Europe. A lack of communication systems, collaboration, consistency and the failure to implement an effective strategy on unaccompanied children in Europe means there is little understanding or identification of trafficking and the risk of exploitation, leaving children deprived of rights that could assist to protect them and create durable solutions for their futures.

17 March 2016