Modern Day Slavery in London - Your Duty to Identify and Protect Victims

1. Modern Day Slavery in London  - Your Duty to Identify and Protect Victims

2. What is Modern Slavery? Modern Slavery: encompasses slavery, human trafficking, servitude, forced or compulsory labour. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment The UN defined human trafficking in the ‘Palermo Protocol’ as the ‘recruitment, transportation, transfer, harbouring or receipt of persons by means of threat, or use of force, coercion or deception…to achieve the consent of a person having control over another person, for the purpose of exploitation’ (UN, 2000, Art. 3). According to this definition, trafficking includes sexual exploitation, forced and bonded labour, domestic servitude, any form of slavery and removal of organs. Child - anyone under the age of 18 (UNCRC)

3. IndicatorsFirst responder role versus competent authority role For children • ·         Signs of undernourishment • ·         Unexplained phone calls while in a placement • Unable to speak language • ·         Money or possessions which are unaccounted for • ·         Signs of physical or sexual abuse • ·         Going missing from local authority care • ·         Fear of authority figures • ·         A prepared story, possibly very similar to that of other children • ·         A history with missing links and unexplained moves • ·         Showing fear for their family • ·         Lack of knowledge of where they are • ·         Eat apart from ‘family’ • ·         Behave in a way that does not correspond with behaviour typical of children their age For adults • Refuses or reluctant to talk to a person in authority • Has a prepared story, very similar to those that other adults have given • Wearing unsuitable clothing i.e. flip flops in winter; • Is required to earn a minimum amount every day • Limited or no social interaction and poorly integrated into the community • Dependence on employer for a number of services - for example work, transport and accommodation • Has not been registered with or attended a GP • Dental problems and poor hygiene • Crammed/rough sleeping conditions inc. ‘beds in sheds’ • Limited autonomy over accommodation e.g. no tenancy, bills, or other paper trail including bank account in their own name • May have had their journey (or visa) arranged by someone other than themselves Cross overs? Gaps?

4. What types of exploitation exist? Sexual exploitation Domestic servitude Labour exploitation Enforced criminality Forced Benefit fraud Forced marriage /sham marriage Baby trafficking Organsharvesting Cross overs with CSE, DV, multiple occupancy, county lines, planning breaches, health and safety, benefit fraud, homelessness, county lines

5. NRM and Modern Slavery Act – useful toolbox The creation of a new statutory defence for slavery or trafficking victims compelled to commit criminal offences The provision of child trafficking advocates The introduction of two new civil orders to enable the courts to place restrictions on those convicted of modern slavery offences, or those involved in such offences but not yet convicted The provision of mechanisms for seizing traffickers’ assets and channelling some of that money towards victims for compensation payments Legal aid access Life sentences for traffickers Support/housing under the NRM as an adult

6. Slavery and Trafficking Prevention and Risk Orders (STPOs) • Slavery and Trafficking Protection Orders (STPOs) are aimed at those convicted, cautioned, or who received a reprimand or final warning. Risk orders (STROs) are aimed at individuals who have not yet been convicted of a slavery or human trafficking offence. • The police, the NCA, immigration officers and the Gangmasters and Labour Abuse Authority (GLAA) can apply to court for these orders, which allow the courts to place a range of restrictions on the behaviour and activities of a person who poses a risk of committing slavery or trafficking offences. • The aim is to protect PVs from the physical or psychological harm which would result if the defendant committed a slavery or trafficking offence. The Orders are intended as a preventative measure to deter unlawful and harmful activity. Breach of an Order, without reasonable excuse, is a criminal offence with a maximum penalty on indictment of five years’ imprisonment. • STPOs can be made following a conviction or, without a conviction, just on application. In the latter case this could be where an offender is behaving in a way that suggests they might commit a slavery or human trafficking offence. If so, then consider contacting the police, NCA, GLAA or immigration officers to apply for an Order.

7. What is the NRM? • The National Referral Mechanism (NRM) Provides a national framework where public bodies such as the police, UKBA, local authorities and NGO’s work together to identify potential victims of trafficking to provide appropriate support and protection. • Accommodation and material assistance • Medical treatment and care • Counselling and emotional support • Advice on immigration and legal rights and services • Advice on the criminal justice system • Guidance on education, training, and employment • 45-day reflection period when you cannot be removed • Non-EU possible one year permit to remain – case by case

8. National Referral Mechanism (NRM) Identification 5 days 45 days Give/get advice Consider capacity Referral by a 1st responder RG decision “I believe but cannot prove” Recovery period YES • Safe house • Outreach support The NRM form is not to be used as an interview record but as a means to provide as much information as possible to enable a decision to be reached. This does not prevent the first responder from approaching the PV to obtain further details where appropriate, but avoids placing them under unnecessary additional stress or trauma • Consent is required. • You must explain – • What the NRM is • What support is available • What the possible outcomes are (Flex guide) MS1 form. Is there still a duty to safeguard Duty to notify NO

9. National Referral Mechanism (NRM) 2 weeks to exit. Needs and risk assessment. Safeguarding? YES Conclusive grounds “it is more likely than not” 2 days to exit. Reconsideration (new evidence)? Judicial review? Asylum appeal Needs and risk assessment. Safeguarding? NO

10. Problem 1 – Identification: Many staff in statutory authorities, from social workers to police, struggle to identify many cases, even though there is now a statutory duty to notify the Home Office about potential victims for police and local authorities . Yet you do not have to be able to recognise if someone is trafficked, just recognise possible indicators of human trafficking .

11. Issues with disclosure • Language • Concept of slavery • Taboo • Mental health issues • Fear- of traffickers and of authorities • Focus on immediate needs- food shelter • Threats • No long term options • Chose exploitation and sending a little money home above earning nothing • Don’t understand what NRM is for • Fear of authorities

12. What do I do? What to know • Emergency: In an emergency call police on 999 • Advice: If you are uncertain, call the Modern Slavery Helpline 0800 0121700 • NRM Referral –Make a referral or call TSA – 03003038151 • Duty to notify (for local authorities/police) If an adult does not want to go in to the NRM, statutory services have a duty to notify and need to complete an MS1 form to send to the Home Office. You may still need to consider how to discharge a safeguarding duty without the NRM. Know that • Know that victims of slavery rarely self-identify as victims of trafficking/slavery or easily reveal their experiences. Recognition of the crime by the victim is not required. • Any child that you suspect is a victim of human trafficking or modern slavery should be referred into the NRM. Note the threshold to suspect is LOW. • You do not require the consent of the child or parent to refer a child into the NRM • Know that statutory protection and safeguarding responses should also be applied.

13. A crisis risk assessment must be carried out Safety should be prioritised. If threatening situation, or still in a place of exploitation - 999. If you feel there is an adult or child at risk of harm, please follow your safeguarding procedures. For urgent queries, ring the Modern Slavery Helpline (0800 0121 700) or the National Crime Agency (NCA, 0844 778 2406). Ensure appropriate child protection and safeguarding policies are in place when working with adult survivors who have children or young dependants. If the PV is not at immediate risk of physical harm but is still in the exploitative situation, and unable to be safeguarded at this point, contact the police or your local police Modern Slavery Single Point of Contact (SPOC)6 / Ambassador. Health Some victims will require immediate counselling or medical attention for example for infectious diseases (e.g. TB) but not all signs of distress or physical injury will be obvious Interpreter Face to face ideally. Speaks correct dialect. Gender. Not linked with VOT.

14. Initial needs and risk assessment strategy meeting within 24hrs The NCA recommends: “Avoid any change of personnel in order to establish and maintain a rapport and help the victim to build confidence.” Three key immediate questions: Are they housed? Do they have an income? Are they still being or likely to be targeted/contacted by their trafficker? Immediate risks and responses can include: • Proximity to the area of exploitation; Mental Health; Suicide ideation; Substance misuse; Physical health; Contact with perpetrators. • Aim to visit the premises that they are living in to identify any risks around current accommodation. - Aim to contact any support agency which is already in touch with the PV. • Is the PV pregnant or does the PV have children in the UK? If so where are they now and are there any child protection risks?

15. During and post NRM Multiagency Meeting within 35 days to develop a Care Plan (safety. care plan, care/immigration/human rights assessments re risk of re-trafficking), benefits, needs assessment, children, legal needs, health, education, living skills, community) Communicate during NRM process – (other LAs, exit plan) Post NRM – legal advice, support to access GP, NINO (NRM form – habitual residence) ; access ESOL, signposting; education Accommodation – S42? Housing team? NASS? NGOs?

16. Problem 2 – Pre and post NRM : It takes 5 days for victims to enter the NRM. Who houses them during this time? After adult victims of trafficking finish receiving the Government provided statutory “45 days” of care, there is very little or often nothing in place in local authorities to provide any specialist support for victims of trafficking.

17. Care Act 2014 A decision to make a safeguarding enquiry “does not depend on the persons eligibility but should be taken wherever there is reasonable cause to think that the person is experiencing or at risk of abuse or neglect.” (section 6.55) Section 2 Care Act requires local authorities to PREVENT, DELAY OR REDUCE the development of care and support needs. Often victims care and support needs rapidly escalate if they are not met. Even if eligibility criteria isn't met there is a power to meet needs for care and support (see section 19 Care Act). A power to meet needs should be considered in light of international obligations to identify, protect and support victims including from risks of being re-trafficked or re-exploited. See Hope for Justice local authorities sheet also LWG protocol

18. Recourse and no recourse to public funds: • Note the council’s safeguarding duty under S42 of the Care Act 2014 and that irrespective of eligibility for care and support under the Care Act this should be initiated where there are concerns of risk. • If a PV has recourse to public funds, is not at risk remaining in the borough and is using services in the local community, then the local authority should seek to house the victim in borough. • If the PV has no recourse to public funds, and has agreed to go into the NRM and to be housed in a safe house, then accommodation and services may be provided by TSA. In certain cases of clear destitution or urgent need, this can be prior to an RG decision, subject to a TSA assessment. • However if the PV has no recourse to public funds and doesn’t want to go into NRM accommodation or needs more time to agree to a referral into the NRM, then accommodation can still be provided by the local authority (See a local authorities’ duties and powers in the Protocol). • If accommodation is still unable to be found, contact safe houses outside the NRM to see if accommodation is available

19. R (AK) v Bristol City Council3 CO/1574/2015 The claimant was a victim of trafficking. As a non-working EEA national awaiting a leave to remain decision, she was not eligible for housing or welfare support and could provide for her most basic needs only by engaging in prostitution. She claimed that her situation was inhuman, degrading and contrary to the UK’s duties under Directive 2011/36/ EU (Anti-Trafficking Directive) art 11 and Council of Europe Convention on Action against Trafficking in Human Beings art 12, as well as ECHR art 3 or art 4. She applied to the council for accommodation. They refused to provide her with accommodation or with subsistence level financial support. In April 2015, on a claim for judicial review, she was granted an interim injunction requiring the council to pay her £50 a week and accommodate her pending trial. On the eve of that trial, the council accepted that, until the claimant could find her own accommodation, it was responsible for providing her with support and assistance.

20. What can you do to tackle modern slavery? Spotting the signs – identifying and referring potential victims of modern slavery Supporting child and adult victims of modern slavery Disrupting criminal activity Ethical procurement – slavery free supply chains

21. What next? • Setting up a task and finish group on slavery with representatives from children's and adults services and safeguarding teams, housing, licensing, custody, health etc. • Map what is taking place in your borough • Develop a local referral pathway and protocol for staff working with potentially trafficked young people • Ensure all frontline staff are trained so they know all the indicators of human trafficking, know best practice and have a trauma-informed approach understanding survivors’ rights and entitlements and how to fill in the NRM form • Create Champions/Single points of contact • Is there a way to record this crime in your systems? • Is this crime flagged up in your MASH and MARAC systems? • Can you add ‘trafficking’ as an agenda item to other sub-groups/meetings such as MASE and Missing teams? • Need to map local specialist services available to potential victims

22. Key contacts

23. Key contacts

24. Key contacts - children

25. CONTACT DETAILS Tamara Barnett Tamara@humantraffickingfoundation.org 020 3773 2040 http://www.humantraffickingfoundation.org/