Child Trafficking:The Glasgow Experience

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Glasgow research Glasgow research (Rigby 2009; 2010) (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 – GLASGOW CPC CHILD TRAFFICKING GUIDELINES – 2009 2009 (updated 2011)(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

Type of exploitation

Nos

Africa Asia East Asia

East Europe

West Europe

Sexual 27 18 1 2 6 -

Commercial sexual 7 7 - - - -

Domestic servitude 9 7 - 1 - -

Labour exploitation 9 1 1 3 4  

Forced / under age marriage 3 3 - - - -

Physical abuse 9 8 1 - - -

Criminality (including cannabis cultivation)

5 1 - 2 2 -

Begging 2 - - - 2 -

False asylum claims 3 3 - - - -

Benefit fraud 12 5 - - 5 2

Female genital mutilation 4 4 - - - -

“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 – GLASGOW - THE JOURNEY SO FAR – (Rigby, Murie, Ball 2012)(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 ChildrenIdentifying 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 EU DIRECTIVE 2011/36 on preventing and combating trafficking in human beings and protecting its victims - Article 8 Non-prosecution or non-beings and protecting its victims - Article 8 Non-prosecution or non-

application of penalties to the victimapplication 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 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 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.

ChallengesChallenges

•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 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 modelsGood practice modelsNational Pilot of London LSB Toolkit National Pilot of London LSB Toolkit (Fairfax & Rigby 2011)(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 multi-agency 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”

ResidentialResidential

CHILD PROTECTION COMMITTEE

/

CP case conference

CHILD PROTECTION COMMITTEE

/

CP case conference

Health Health

Asylum & ImmigrationAsylum & Immigration

PolicePolice

UKBA UKBASpecialist Legal ServicesSpecialist Legal Services

Social WorkSocial Work

Leaving CareLeaving Care

Child ProtectionChild Protection

Support projectsSupport projects

Vol Sect / NGOVol Sect / NGO

GLASGOW MULTI-AGENCY GLASGOW MULTI-AGENCY STRATEGIC / PRACTICE APPROACH STRATEGIC / PRACTICE APPROACH

GuardianshipGuardianship

Primary carePrimary care

Mental healthMental health

SCRA SCRA

EducationEducation

CounsellingCounselling

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)

Child Trafficking Assessment – CTAChild Trafficking Assessment – CTA(in conjunction with full GIRFEC assessment)(in conjunction with full GIRFEC assessment)

Needs and supportNeeds and support

I

D

E

N

T

I

F

I

C

A

T

I

O

N

(Rigby, Malloch, Hamilton-Smith 2012)

Scottish research & guidance 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/eo10-0802.htm#Col1649