Transcript Child Protection with non UK nationals

Child Trafficking:
The Glasgow Experience
ACT
MEANS
PURPOSE
Exploitation
including
Transportation
Threat or use of
force
Prostitution of
others
Transfer
Coercion
Harbouring
Abduction
Sexual
exploitation
Recruitment
Receipt
of persons
+
Fraud
Deception
+
Forced labour
Slavery or
similar
Abuse of power
or vulnerability
Removal of
organs
Giving payment
or benefits
Forced
marriage
FGM
Other types of
exploitation
=
Glasgow research (Rigby 2009; 2010)
Case file analysis of unaccompanied asylum seeking children & interviews
with professionals
• 21% of separated children in Glasgow identified as trafficked
• 7% have probably been trafficked
• 15% ‘suspicions’ about possible trafficking / at risk
 Children being bypassed by the child protection system
 Too much focus on immigration concerns
 Challenges of identification, assessment and intervention when
information is limited and children often do not understand the roles of
agencies
 Relationships as a key factor in effective practice, including the
recognition of a child’s relationship with traffickers
GLASGOW CPC CHILD TRAFFICKING GUIDELINES –
2009 (updated 2011)
• Trafficking managed under child protection (VYP)
• Multi agency case discussion considers the C/YP circumstances –
decision will be reached re refer to NRM
• NRM completed jointly by police and social work
(central data base held by social work CP Team)
• UKBA invited if immigration issues
• Core group may be identified and child’s plan managed by multi agency
group
• Trafficking assessment (CTA) completed to support ongoing risk
assessment processes in conjunction with broader child protection
assessment (Integrated Assessment Framework)
Referred to Glasgow social work CP team for advice 2008-2011– n=68
Nos
Africa
Asia
East
Asia
East
Europe
West
Europe
Type of exploitation
Sexual
Commercial sexual
Domestic servitude
Labour exploitation
Forced / under age marriage
27
18
1
2
6
-
7
7
-
-
-
-
9
7
-
1
-
-
9
1
1
3
4
3
3
-
-
-
-
Physical abuse
Criminality
9
8
1
-
-
-
5
1
-
2
2
-
2
-
-
-
2
-
3
3
-
-
-
-
12
5
-
-
5
2
4
4
-
-
-
-
(including cannabis cultivation)
Begging
False asylum claims
Benefit fraud
Female genital mutilation
“The backgrounds, journeys and experiences of children indicate multiple types of
abuse, suggesting that children are rarely trafficked for one type of exploitation, or are
at least susceptible to multiple abuses as a result of trafficking or smuggling”
http://www.glasgow.gov.uk/index.aspx?articleid=7490
GLASGOW - THE JOURNEY SO FAR – (Rigby, Murie, Ball 2012)
• ‘Scatter gun’ approach to service delivery in absence of evidence for most
effective approach
• Reluctance / difficult to undertake comprehensive assessment ie what
about pre UK investigations
• Fear / panic for some professionals when faced with potential trafficking
case
• Some children / young people have settled in Glasgow and progressed
BUT others have indicators of continued exploitation
“Practitioners and policy makers are struggling to grasp the complexities of the
trafficking process and develop a conceptual framework and understanding
that can adequately inform assessments that take into account all phases of a
child’s journey and life experiences to inform appropriate interventions.”
Identifying Trafficked Children
• The National Referral Mechanism (NRM) is a procedure for
identifying victims of trafficking in the UK
• A referral is made under the NRM by a “first responder”
(usually social work or the police in Scotland)
•
A “competent authority” (UKHTC / Home Office-UKBA) make
a “reasonable grounds” decision – “conclusive grounds” comes
later
EU DIRECTIVE 2011/36 on preventing and combating trafficking in human
beings and protecting its victims - Article 8 Non-prosecution or nonapplication of penalties to the victim
Member States shall, in accordance with the basic principles of their legal
systems, take the necessary measures to ensure that competent national
authorities are entitled not to prosecute or impose penalties on victims of
trafficking in human beings for their involvement in criminal activities which
they have been compelled to commit as a direct consequence of being
subjected to any of the acts referred to in Article 2.
Scotland - COPFS Guidance 4.2 There is a strong presumption against the
prosecution of a credible trafficked victim for crimes that arise as a
consequence of the accused being a credible trafficked victim.
Criminal and Youth Justice Workers’ Responsibilities
 “Youth and criminal justice workers may encounter people pre and post
conviction that have not been identified previously as potential victims of
trafficking. During the assessment and / or supervision process……if
workers encounter victims of trafficking, or become suspicious, they
should be clear of procedures for reporting these suspicions, as inaction
may result in further victimisation for individuals, or conviction and
sentence for actions over which victims had little control” (Rigby 2010)
• EU Directive applies at any stage of process - professionals should be
aware of responsibilities re identification and support.
Cannot ignore the fact a person may have been trafficked.
Prosecution Issues in Scotland
Migrant Help have expressed concern that a number of Vietnamese nationals held in
Scottish prisons for offences related to cannabis cultivation were victims of
trafficking.
TARA worked with women charged in possession of illegal travel documents,
prostitution offences, cannabis cultivation and shoplifting.
Social workers have consulted TARA during preparation of court reports on women
they suspect may have been trafficked.
Challenges
•
Not our children – ie foreigners / immigrants – therefore viewed as an immigration
issue not child protection
•
Challenges faced locally in the face of globalisation and need to understand
children’s cultural, economic and social backgrounds and realities
•
Young people making choices to move / be exploited (not possible to make this
choice legally under EU Directive !)
•
It’s not happening here !
•
INDICATORS - “There is little empirical understanding of how the indicators should
be incorporated into an assessment process, nor how they combine with background
and social circumstances to aid assessments, predict risk and help in determining
which services may best meet children's needs. While the indicators may aid the
process of initial identification, reliance on them as part of an ongoing process of
assessment [of risk] may prove problematic” (Rigby 2011)
EU DIRECTIVE 2011/36/EU on preventing and combating trafficking in
human beings and protecting its victims
Article 13(1)
Child victims of trafficking in human beings shall be provided with assistance, support and
protection. In the application of this Directive the child’s best interests shall be a primary
consideration.
Article 14(1)
Member States shall take the necessary measures to ensure that the specific actions to assist
and support child victims of trafficking in human beings, in the short and long term, in their
physical and psycho-social recovery, are undertaken following an individual assessment of
the special circumstances of each particular child victim, taking due account of the
child’s views, needs and concerns with a view to finding a durable solution for the child.
Within a reasonable time, Member States shall provide access to education for child victims
and the children of victims who are given assistance and support in accordance with Article 11,
in accordance with their national law.
Article 16(1)
Member States shall take the necessary measures to ensure that the specific actions to assist
and support child victims of trafficking in human beings, as referred to in Article 14(1), take due
account of the personal and special circumstances of the unaccompanied child victim.
Good practice models
National Pilot of London LSB Toolkit (Fairfax & Rigby 2011)
 Multi-agency engagement at the point of assessment and NRM referral
improves the quality of referrals – ‘The Glasgow Model’
 A single agency (Children’s Services) leading and coordinating the multiagency team during assessment, safeguarding and referral to the NRM
 Full assessment only after implementing good practice measures to
reduce the risk of a child going missing ie good child protection practice
 JIT style interviews to avoid multiple interviews for children ?
“Trafficked children are safeguarded best where a multi-agency
approach is working well”
GLASGOW MULTI-AGENCY
STRATEGIC / PRACTICE APPROACH
Child Protection
Counselling
Police
Primary care
Residential
Health
Social Work
Mental health
Asylum & Immigration
Leaving Care
Support projects
Education
CHILD
PROTECTION
COMMITTEE
SCRA
/
Vol Sect / NGO
CP case conference
Guardianship
Specialist Legal Services
UKBA
Child Trafficking Assessment – CTA
(in conjunction with full GIRFEC assessment)
1. Brief background details (pen picture of the young person within their family / country of origin context)
2. Movement / recruitment / harbouring (how travelled; timescales; time at locations etc; entry into
trafficking process;– eg sold; passage bought; abducted; escape; present accommodation)
3. Exploitation / abuse (detail evidence and / or suspicions; types of exploitation; locations; length of exploitation;
freedom of movement)
4. Trafficker(s) (relatives; organised gang; gender; title; job; names; relationship to child; still in contact etc)
5.Means of control (threats (to child & family); grooming; violence, voodoo, oaths, captivity, debt)
6. Additional risk factors
(from indicator matrix; may include health; other contacts)
7. Agency contact / actions taken (police; social work; UKBA; voluntary; overseas)
8. Views of young person (if appropriate)
9. Analysis / Assessment of Needs and Risks in relation to trafficking
(present safety; future risk of trafficking)
10. Conclusion & recommendation (CP reg, action plan)
Needs and support
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(Rigby, Malloch, Hamilton-Smith 2012)
Scottish research & guidance
EHRC (2011) Inquiry into Human Trafficking in Scotland & (2013) Inquiry into Human Trafficking in Scotland: Follow on Report Edinburgh, Equality and
Human Rights Commission http://www.equalityhumanrights.com/scotland/human-rights-in-scotland/inquiry-into-human-trafficking-in-scotland/
Fairfax, K. and Rigby, P. (2011) Final Monitoring Report Local Authority Pilots of the London Safeguarding Trafficked Children Guidance and Toolkit London
Safeguarding Children Board http://www.londonscb.gov.uk/trafficking/
Rigby, P. (2009) Child Trafficking in Glasgow: Report of a Case File Analysis of Unaccompanied Asylum Seeking Children
Rigby, P (2010) Child Trafficking in Glasgow: The Views of Professionals
Rigby, P. Murie, S. Ball, M. (2012) Child Trafficking in Glasgow: The Journey So Far Glasgow Child Protection Committee
http://www.glasgow.gov.uk/index.aspx?articleid=7490
Rigby, P. (2010) Human Trafficking: A Role for Youth and Criminal Justice Workers? Towards Effective Practice, Paper 11, Criminal Justice Social Work
Development Centre for Scotland, University of Edinburgh
Rigby, P. Malloch, M. Hamilton-Smith, N. (2012) A Report on Child Trafficking and Care Provision: Towards Better Survivor Care Criminal Justice Social Work
Development Centre for Scotland, Scottish Centre for Crime and Justice Research, Love 146, Stirling
www.sccjr.ac.uk/documents/A_Report_On_Child_Trafficking_&_Care_Provision2.pdf
Rigby, P. & Whyte, B. (2013) Children's Narrative within a Multi-Centred, Dynamic Ecological Framework of Assessment and Planning for Child Trafficking
British Journal of Social Work doi:10.1093/bjsw/bct105
Scotland’s Commissioner for Children and Young People (2011) Scotland: A Safe Place for Child Traffickers Scotland’s Commissioner for Children and Young
People / University of Highlands and Islands www.sccyp.org.uk
Scottish Government (2009) Safeguarding Children in Scotland Who May Have Been Trafficked Edinburgh, Scottish Government
www.scotland.gov.uk/Publications/2009/02/18092546/0
Scottish Government (2013) Inter-agency Guidance for Child trafficking Edinburgh, Scottish Government
http://www.scotland.gov.uk/Publications/2013/11/3285/0
Scottish Parliament (2010) Equal Opportunities Committee Inquiry into Migration and Trafficking www.scottish.parliament.uk/s3/committees/equal/or-10/eo100802.htm#Col1649