Modern Slavery and Human Trafficking - Introduction

Hello. Welcome, everybody and very pleased to welcome you to today's bys. I Session has of October 2000 and 18. My name's after Mahmoud and I'll be talking to you today through data law about modern slavery and human trafficking has on introduction now. Now you imagine that this area can, of course, be a very sensitive one. Andi. It's one matter can often be very emotive. Andi. It's very important for any family practitioner to be aware off the developing area off Lorne guidance in this area. So what I'm going to be doing is spending some time with you today looking at this area more detail with particular regard to child victims, off modern slavery and or sort of gardens provided by the Home Office. Onda in particular, be making reference to the Modern Slavery Act of 2015 somebody guidance drafted by the Dfe on the Home Office and also the position with the Law Society guidance on the criminal prosecutions, off victims, off trafficking and disregard case will ever look at that. So I'm going to be starting then with looking at the Modern Slavery Act on also chart trafficking. Natural trafficking itself is often referred to as not only the recruitment but also the movement of Children with the intention that they are going to be exploited on Dutch art. Trafficking, you can imagine, can take place within countries on also when Children are being moved from one country to another. On that, this is where there's some very useful guidance drafted by the Dfe, the most recent one that I've ready 21 of November 2017 which refers to care off unaccompanied migrant Children on also child victims off modern slavery. So this is guidance specifically written for local authorities on what this does. It sets out the steps that local authorities should take so as to provide support for looked after Children who are on accompanied asylum seeking Children on all, such as Children who are victims off traffic kings like maybe that looked after Children night. You don't subject to interim care orders of care orders or accommodated by the local authority voluntarily off Children who are unaccompanied, asylum seeking Children or who themselves may be subject to victor being victims off child trafficking. On in particular, what this guidance emphasizes is that modern slavery includes at for example, human trafficking and includes slavery, servitude and forced or compulsory labour on exploitation can take various forms. Of course, it could take the form off sexual exploitation, for example, of Children and adults forced labor, for example, at force criminality. In some situations, it could be even situations with organ harvesting, for example, and even begging, for example, and domestic servitude on what this also identifies. This guidance is the victims can come from all walks of life and different ages as well. There's no sending generalization is, too, where the victim may come from in terms that they walk of life. In that regard, Andi, sometimes this garden same emphasize the fact that if one has an unaccompanied child free zone put into maybe in a way of what their rights are on, therefore they are at a greater risk of going missing and possibly being exploited in those circumstances and possibly therefore being subject to child trafficking on. But this is where it's therefore particularly important to ensure that this is looked at, particularly with Children who may be already targets because of their existing vulnerability. So as the act emphasises, modern slavery Act, therefore looks at human trafficking slavery, for example, forced or compulsory labour for the purpose of exploitation on the act itself. Section 56 of the act defines a child as anybody under the age of 18. So therefore, Children, of course, themselves. Corbett of Victims Off Modern Slavery Onda. There's the national referral mechanism, as it's referred to, which essentially is set up in the UK, which recognizes that slavery and forced a compulsive labor and servitude have the same meaning as do under Article four off the European Convention on Human Rights and not regards to concede ease of a powerful terms on which sometimes Children are indeed adults may be subject to the trafficking is defined within Article 40 in Council of Europe Convention Against Trafficking in Human Beings. And of course, Children themselves could be the victims of child trafficking, Corso. And in the case of a child, there's no requirement to meet the means component, and that insofar as that is concerned for that child to really be able to be in a position to give informed consent, eso, therefore for child, for example, is being recruited for purposes off being exploited. Then they are considered to be a victim off char trafficking, whether they are being forced into this or whether they've been deceived, because the bottom line is that they are not in a position to be able to give informed consent to that activity. So this guidance is very helpful because it looks at the responsibilities upon the local authorities. On essentially, it emphasized the fact that all those who are involved in the care often accompanied Children and Children who are the victims of modern slavery should be up to recognize on also understand the issues like to be faced by these Children in these circumstances, such as really the indicators off off trafficking and slavery and forced labour indoor circumstances on the social workers need to be aware of the wider child protection system around victims of slavery. Andan particular didn't know when and how to make a referral to the national referral mechanism in that regard to ensure that these Children are not messed under, they are adequately supported and guided in that regard. Similarly, the guidance talks about the fact that the independent revealing officer, who would be appointed, therefore for Children who were looked after, should be made away and should be aware of the need to have regard to Charles Needs as an accompanied child on a company child or a child of victims modern slave indoor circumstances so that they can make appropriate planning for that child in due course on In that regard, the stature duty is such that it was the duty upon the local authority in the Section 52 of the Modern Slavery Act to notify the secretary of state for the National Referral Mechanism, where they have reasonable grounds to believe that individual may be the victim of modern slavery or trafficking. Therefore, because there is a statue duty upon local authority to do so, it's very important for them to be one familia about his expectation and secondly, to need to be up to no. What circumstances may lend the local authority into having to make this referral in the first place on the victim the potential victim of the modern slave in these circumstances, including traffic, you must be referred to see this practical book to the national refer mechanism on assessed by competent authority, which effectively is a trained to decision maker within the UK and having had been assessed the Children would them be issued with a positive, reasonable grounds decision indicating that they are considered to be a positive potential victim of modern slavery or a negative, reasonable grant's decision determining that have no reasonable grounds to believe that the outer victims of modern slavery. So that's one of the key aspects which the local thought is need to be aware off and therefore to address and deal with accordingly. One of the other issues, of course, is that which relates to age determination so that the guy NOUs also talks about the fact under paragraph 35 of the guidance that many unaccompanied and trafficked Children arrive in the UK without any documentation or documentation that is forged, or maybe counterfeit it on where the age of a person is uncertain and his reasons believe that they are child and they are presumed to be a child in order to received the immediate protection that is required for them in accordance with Section 51 of the Modern Slavery Act of 2000 and 15 and therefore age assessment should be carried out as soon as possible, where there is reason to doubt that individual is by us to what they may Che's. That is also the national transfer scheme, which, which was created to neighbored us out safe transfer off unaccompanied asylum. Is he concerned from one UK local authority to another on the national transfer scheme? Protocol sets at the post is to be followed in transferring Children between authorities who will participate in that regard and when, say, in a company's and child presents in a local thought area, either to an airport or elsewhere. A wall agency should be alleged a possibility that the child may, of course, be subject to human traffic in that regard and therefore slavery also on there for the responsibility is very much upon a local thought. To ensure that this has progressed, uh, in terms of responsibility generally to order looked after Children. Many of you be aware that there is the care, planning, placement in case review, England regulations in England and then the rush equivalent, where by there is a need for assessments to be undertaken so that those provisions are still there and they for they will carry on to be relevant in that regard on child victims of modern slavery, including traffic and a may not even know that they are the victims of a crime on their fault. Sometimes there may have been told by the perpetrators that they may be put to prison into prison, all passed to an unknown adult. If they were to divulge any person information about themselves, many of these Children will be almost having been taught not to share information with public bodies. In those circumstances that case, you can see some of the thinking behind that now. There's also some other guidance. There's, for example, the Children Act 1980 Night Guidance and Regulations, Volume two about care. Planning on transition to adult it, which is very useful in disregard. Particularly way this guy knows talks about the fact that if a child is unaccompanied, asylum seeking child all, there is reason to believe that they are the victim off human trafficking Lemon. This must be recorded on their care plan and its Children that guided following two Very mature. It's that starting to play okay, not a Dfe dynasty. Part of education Guidance also provides that unaccompanied Children should be informed of the availability of the assisted voluntary return scheme, which is run alongside run by refugee action choices on behalf of the Home Office. That is also then the law society guidance dimension, criminal prosecutions of victims off trafficking. And this was updated as of November 2000 and 16 that this is very useful. It's far setting out somebody support and guidance that's made available in these circumstances. So dis emphasized the fact, or practitioners involved in criminal cases should read this coyness with their suspicion that that this defendant or suspect could be a victim of human trafficking. And this is where this could be encountered there for even in these situations. Also, one of the things that this the law society guidance emphasizes is the fact that there is very much d and need to won't be aware of this, but secondly, emphasizes demand a tree principles insofar as ensuring that there is the need to act in that person's best interest, but also about ensuring that one complies with the duties relation confidentiality. Onda also conflict your interest in that regard. On in particular at this law, cited guidance sets out the Modern Slavery Act on de sort of provision about this, such as the defense for slave, your traffic victims who committed offense on it talks about the various offenses that they could potentially have been convicted off. So it's worthwhile looking at his guidance because it is quite helpful. Look, particularly the bed in that standard proof and also to try and persecution guidance on uh, trafficking in this regard. In particular, the advised him to prosecutors on the steps to be taken if they have been made aware that they, the suspect, is a credible victim off trafficking indoor circumstances. Okay, and also described as talks about the indications that person may actually be the victim of trafficking in terms of, for example, if they are arrested for certain types of fences, for example, on the guidance talks about the need to make appropriate referrals accordingly, that there's also the other guy destined wanted to refer to as well on that. This is the Home Office document called a The Topology of Modern Slavery Offenses in the UK This is Research Report 93. This was updated in October night at 2000 and 17. Now what this report sets out is it presents findings from research to create on some evidence based detail of modern slavery offenses in the UK, and when you get a chance, it's worth looking at their self example. It defines what is meant by at the types of modern slavery offenses, and you can is different types. But some of the key wants, for example, he talks about is labour exploitation, for example. So this is where victims who may be exploited for purposes in environments for labor, for example, in multiple ways it could be for victims work for offenders, for example, were forced to work for offenders and businesses or sites that control, for example. And then there's domestic servitude, for example, whereby victims of forced on the take house or chores for their partner and their partners relatives, for example, and this could also come within the definition of modern slavery also on. But this is where, even when it comes to marriage, for example, if if it's through marriage to marriage may have been arranged or forced on a servitude here occurs alongside domestic abuse and sexual exploitation. There's he can even see this for modern slavery. Even within marriages, for example, they could be exploitation by relatives, for example, where victims live with on exploded by household chores by famous family members. In that regard here, and many of these victims are Children. Andi also where victims liquid offenders who are often strangers. That could be a form off exploitation there in terms of their force to undertake household chores to for people who do not related to in that situation on under sexual exploitation, for example, So this child sexual exploitation. So there's been cases, for example, where local authorities have applied for inherent jurisdiction charges of child sexual exploitation orders in situations where Children themselves have been the victims off child sexual exploitation. And this in itself is comes within the modern Slavery Act also. So this is where Children are sexual, explored by groups of offenders, for example, often for personal gratification. But sometimes it can for was forced sex work, for example in certain locations, for example, so that could be done on. But this is where traffic addict will be trafficking for personal gratification. For example, residential sites owned by offenders, for example, that could also be a form in that regard on distracted self to Modern Slavery Act of 2015. What it did is consolidator a lot of the previous slavery and trafficking offenses into really two offenses. Firstly, there's the offense of the human trafficking being mentioning, which is essentially arranging with facilitated the travel of another person with me to exploit in them. And this is not just within countries, but also internationally also. And then there's a second offense in England, Wales, which is slavery, servitude and forced a composer labor that have mentioned on. But this is the same meaning as Article four of the European Convention on Human Rights, and therefore there's different ways to tackle modern slave in human trafficking in these circumstances. And what this guidance also emphasizes. The fact that, unlike most crimes, are time limited. Modern slavery is a hidden crime, and this can continue indefinitely for a very long period of time and sometimes a way. It's unknown on traced in that regard, Onda uh, modern slavery consists off where 1 may recruit exploit, and unusually, it could be transporting from one place to another, for example on. But it could be a wide range of abuses over sustained period of time. This garden is also provides some very useful statistics that's worth looking at when he got a chance so that in fact, in the year to March 2017 for example, police in England Wales recorded 2255 Modern slavery cries, for example. As you can see quite a significant number at just in that year alone, Therefore, does really emphasized the year this year. Volume of issues. It's far as Daddy's concerned. Finally, then what I wanted to mention is does. It doesn't act, which is so. It is a case which is worth looking at, which just really put it together. Somebody's aspects that have been discussing with you at this is the case of Reem Children. Suspected trafficking, competent authority. This was a 2017 case on a case itself involved to Children who both Kane from Namibia on. But they were subjected there was suspected of being victims of human trafficking. The Children were aged two and four on top, but they came to UK from Namibia by a lady who said that she was their grandmother for holiday. But the Border Control suspected that these Children may be the victims of human trafficking. The grandmother was arrested, interviewed on a subject to various Children may subject to protection orders on a local thought. Intervene in fact, started care proceedings. Now, as I mentioned earlier, when there is a suspicion off human trafficking on child trafficking, as in this case, then there would often be referred to a national referral mechanism. And that's exactly what happened here. There's a referral made to the National Referral Mechanism. The competent authority operated through the Home Office Andi Essentially. This then allows enquiries to be made to see whether there's reasonable grounds to believe that to put Children here with victims off trafficking or whether the grounds were not met and this would done assistance so far is looking to see what further steps need to be taken, whether it's for example, for the police or otherwise by with bringing proceedings on dumb, their forties inquires were made on the court were satisfied that it had jurisdiction to deal with the Childrens cases here on Day four, inquires would be made as to whether or not the Children were going to be subjected to or there was evidence to suggest that they were being subjected to trafficking in the second stances, and that the Children were placed in Foster again. The threshold criteria for purse of interim orders had been met. Not a court at was satisfied that the grandmother was, in fact the Children's grandmother. But they need to be enquiries made as to DePace upon which he actually came to England. To count that she gave that she had come to England for holiday was not one that had been accepted by the court, and therefore the referral had been made to the national reform mechanism to enable them to make enquiries. So much was adjourned to enable them to make enquiries and when they came back, DNA testing has been undertaken on that confirmed that in fact, the grandmother was the grandmother of the Children, underwear, siblings and also the competent or thought he had in fact made a negative grant's decision on the basis that the court accepted that there was not the necessary level of concern, that these Children were the victims off traffic. And if on that basis the court took the view that it was only right and proper that they should be returned to no baby A. In the care of the crime mother On day it was a matter therefore foot in a been eaten Namibian authorities as to what steps they would take their after. But you can see here this case of a useful in this case a reem because it shows at the way which they would be That referral made to the national referral mechanism the competent authority to enabling quietly made in that regard. Okay, so you concede this is a city, an area that said developing. It's certainly a very important area when we're dealing with child protection issues and also fire dots and it can see or family practitioners do you need to be aware off this going forward? Can I thank you for need for listening And I speak to you next time? Thank you. Bye for now.