Submission to the UN Committee on the
Rights of the Child on the United Kingdom’s
compliance with the Optional Protocol
on the sale of children, child prostitution
and child pornography
April 2014
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
1. Introduction
The Equality and Human Rights Commission (the EHRC) is one of the United
Kingdom’s (UK) three ‘A status’ accredited National Human Rights Institutions
(NHRI). While the Scottish Human Rights Commission (SHRC) has jurisdiction
with respect to matters that are devolved to the Scottish Parliament, we have
agreed with the SHRC that we will report on the situation in Scotland in relation
to the UN Children’s Rights Convention and its Optional Protocols. We are
grateful to the contribution of Scotland’s Commissioner for Children and Young
People in this regard. The EHRC's remit does not extend to Northern Ireland,
which is therefore outside the scope of this report. The Northern Ireland Human
Rights Commission (NIHRC) has made a separate submission.
2. Scope of report
The EHRC has reviewed the List of Issues the UN Committee on the Rights of the
Child (CRC) published on 30th October 20131 in relation to the UK’s initial report.2
We consider that we can most helpfully inform the CRC’s approach to its
examination of the UK by focusing on the two areas where we have particular
expertise: child trafficking and forced labour. It is broadly in relation to developments
about these two issues in England, Scotland and Wales that the EHRC will respond
to paragraphs 1, 2, 3, 5, 7, 9, 10 and 11 of the CRC’s List of Issues.
We refer the CRC to the submission of the Office of the Children’s
Commissioner, England, especially in relation to further information about their
Inquiry into Child Sexual Exploitation in Gangs and Groups (CSEGG), and their
1
Committee on the Rights of the Child (CRC) (2013) List of issues in relation to the initial report of the United
Kingdom submitted under the Optional Protocol on the sale of children, child prostitution and child pornography.
Available at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGBR%2fOPSC
%2fQ%2f1&Lang=en
2
United Kingdom of Great Britain and Northern Ireland (2012) Consideration of reports submitted by States
parties under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography. Available at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fOPSC%2fGBR
%2f1&Lang=en
Submission to the UN Committee on the Rights of the Child
April 2014
2
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
recommendation for the Department for Education to review and revise existing
national guidance on child sexual exploitation.3
3. Summary
The EHRC welcomes the opportunity to make this submission to the CRC on the
UK’s compliance with the UN Children’s Rights Convention’s Optional Protocol
on the sale of children, child prostitution and child pornography (CRC
OPSC)4.We welcome the steps the UK Government and Scottish Government
are taking to improve compliance with CRC OPSC in respect to child trafficking
and forced labour, for example, the draft Modern Slavery Bill for England and
Wales,5 and the similar proposals for new legislation in Scotland.6 However, we
consider that further steps should be taken to:

improve data collection and analysis to ensure the true extent and nature of
child trafficking and forced labour in the UK is understood;

provide bodies with responsibility for implementing law and policy in this area
with sufficient independence, remits, powers and resources to effectively
fulfil their roles;

improve, where necessary, draft legislation to ensure that all acts of
trafficking and forced labour, including in relation to children, are criminalised
and that the law is clear, simple and easy to use;

review and strengthen guidance for prosecuting child trafficking cases, to
ensure the best interests of the child is a primary consideration;

improve the identification and protection of child victims and those at risk of
trafficking or forced labour;

improve services to support child victims, including the introduction of a
Trafficking Care Standard, the appointment of guardians for separated
children, and access to compensation; and
3
Office of the Children's Commissioner (2013) Child Sexual Exploitation in Gangs and Groups (CSEGG).
Available at: http://www.childrenscommissioner.gov.uk/info/csegg
4Committee
on the Rights of the Child (CRC) (2000) Optional Protocol to the Convention on the Rights of the
Child on the sale of children,child prostitution and child pornography. Available at:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx
5
Home Office (2013) Draft Modern Slavery Bill. Available at: https://www.gov.uk/government/publications/draftmodern-slavery-bill
Scottish Government Press Release (2014), ‘New Human Trafficking Bill for Scotland’. Available at:
http://news.scotland.gov.uk/News/New-human-trafficking-bill-for-Scotland-a76.aspx
6
Submission to the UN Committee on the Rights of the Child
April 2014
3
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography

address concerns about access to justice and civil legal aid for child victims.
We also note that while the UK Government has committed to giving due
consideration to UNCRC when making new policy or legislation,7 such an
assessment has not yet been made in relation to the draft Modern Slavery
Bill. We therefore recommend that the UK Government complies with its
own guidance when publishing the Modern Slavery Bill, and includes a
summary of the anticipated effects of the Bill on children in the
explanatory notes.8
4. Data collection and analysis9
The UK introduced the National Referral Mechanism (NRM) 10 in 2009 to meet its
obligations under the 2005 Council of Europe Trafficking Convention.11 Data
collected through the NRM helps to provide a picture of the extent of human
trafficking in the UK, though it has been criticised for not disaggregating this
information by nation or region of the UK.12 NRM data from 2013 shows a 47%
increase in the number of referrals of all victims of human trafficking from 2012,
with an 18% increase in the number of countries of origin. Minors13 accounted for
Cabinet Office (2013). ‘Guide to Making Legislation,’ para 11.30. Available at:
https://www.gov.uk/government/publications/guide-to-making-legislation
7
Also recommended by the Joint Committee on the Draft Modern Slavery Bill (2014). ‘Draft Modern Slavery Bill’
p.77. Available at: http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modernslavery-bill/news/rewrite-modern-slavery-bill-offences/
8
Responding, in relation to child trafficking, to paragraphs 1 (a) and (b) and 2 in the CRC’s List of Issues.
Committee on the Rights of the Child (2013) List of issues in relation to the initial report of the United Kingdom
submitted under the Optional Protocol on the sale of children, child prostitution and child pornography. Available
at: http://tbinternet.ohchr.org/Treaties/CRC-OPSC/Shared%20Documents/GBR/CRC_C_GBR_OPSC_Q_1_15734_E.pdf
9
10
The NRM is a framework for identifying victims of human trafficking and ensuring they receive the appropriate
care. Authorised agencies, such as the Police, social services and certain Non-Governmental Organisations
(NGOs), who encounter a potential victim of human trafficking, can refer them to the Competent Authority (CA).
The initial referrer is known as the ‘First Responder’. The UK’s CAs are the Serious Organised Crime Agency
(SOCA) through its UK Human Trafficking Centre and the UK Border Force. SOCA deals with referrals from the
police, local authorities and NGOs. The UK Border Force deals with cases where trafficking is raised as part of
an asylum claim or is in the context of another immigration process.
Council of Europe (V.2005) 'Convention on Action against Trafficking in Human Beings’. Available at:
http://conventions.coe.int/Treaty/en/Treaties/Html/197.htm
11
12
Equality and Human Rights Commission (2011) 'Inquiry into Human Trafficking in Scotland'. p.23. Available at:
http://www.equalityhumanrights.com/uploaded_files/Scotland/Human_Trafficking_in_Scotland_/inquiry_into_hum
an_trafficking_in_scotland-exec-sum_pdf_. http://tbinternet.ohchr.org/Treaties/CRC-OPSC/Shared%20Documents/GBR/CRC_C_GBR_OPSC_Q_1_15734_E.pdfpdf
The NRM defines “minors” as children and young people who were aged 17 years or under at the time of their
first claimed exploitation.
13
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
26% of these referrals (452) which was also a significant increase on 2012.14 A
baseline assessment by the UK Human Trafficking Centre (UKHTC – now part of
the National Crime Agency (NCA)) suggests the number of children and young
people who are victims of trafficking may actually be much higher (549).15
However, it should be noted that these figures may not be wholly representative
and concerns have been raised16 that they underestimate the prevalence of child
trafficking in the UK, for a number of reasons, including:

Trafficking is a covert crime, victims are often hidden, and child victims are
particularly difficult to identify;17

While it is expected that, in accordance with the child’s best interests, all
potential child victims will be referred to the NRM (their consent is not
required), adult victims must consent to being referred. Furthermore,
disputes about age are a serious, practical problem in trafficking situations,
for example where the victim is not in possession of their birth certificate or
passport. This can, therefore, impact on reporting figures18; and

There are a limited number of agencies (known as First Responders) that
can refer potential victims, and the personnel in those agencies lack
National Crime Agency (2014) ‘United Kingdom Human Trafficking Centre National Referral Mechanism
Statistics 2013’ p.2 Available at: http://www.nationalcrimeagency.gov.uk/publications/139-national-referralmechanism-statistics-2013
14
15
UKHTC (2013) 'A Strategic Assessment on the nature and scale of Human Trafficking in 2012' p.22 Available
at: http://www.nationalcrimeagency.gov.uk/publications/15-ukhtc-strategic-assesssment-on-human-trafficking-in2012/file
16
Concerns have been raised by: Council of Europe's Group of Experts on Action against Trafficking in Human
Beings (GRETA) (2012) 'Report concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by the United Kingdom' p.37 Available at: http://ec.europa.eu/antitrafficking/download.action?nodePath=/Publications/GRETA_Report+United+Kingdom+2012_en.pdf&fileName=
GRETA_Report+United+Kingdom+2012_en.pdf&fileType=pdf and the UK Government’s Inter-Ministerial Group
on Trafficking (2013) 'Second report of the Inter‑Departmental Ministerial Group on Human Trafficking'p.6.
Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251487/9794-TSOHMG_Human_Trafficking.pdf and Centre for Social Justice Slavery Working Group (2013) 'It Happens Here Equipping the United Kingdom to fight modern slavery' p.20-23 Available at:
http://www.centreforsocialjustice.org.uk/UserStorage/pdf/Pdf%20reports/CSJ_Slavery_Full_Report_WEB(5).pdf
and The Scottish Parliament Public Petitions Committee (2014) 'Report on tackling child sexual exploitation in
Scotland'p.11-13 Available at: http://www.scottish.parliament.uk/S4_PublicPetitionsCommittee/Reports/puR-1401w-rev-v3.pdf and SCCYP and UHI Centre for Rural Childhood (2011), 'Scotland: A safe place for child
traffickers?' p.8-12 Available at:
http://www.sccyp.org.uk/uploaded_docs/policy/sccyp%20child%20trafficking%20report.pdf.
Refugee Council, Children’s Society (2013) Still at Risk.p.28 and p31 Available at:
http://www.refugeecouncil.org.uk/assets/0002/9408/Still_at_Risk-Report-final.pdf
17
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ p. 46 and p.71-72.
Available at: http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slaverybill/news/rewrite-modern-slavery-bill-offences/
18
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
understanding of key concepts, and/or awareness of appropriate onwards
referral routes.19
We therefore cautiously welcome a provision in the draft Modern Slavery Bill (the
draft Bill) that will introduce a statutory duty to capture a wider range of
intelligence about trafficking by requiring authorities to notify the NCA of any
suspected victims of trafficking, given the need for better data.20 The aim should
be to ensure that intelligence is captured sufficiently early to optimise the ability
to take enforcement action, but without acting as a deterrent to victims coming
forward, or risking their safety. The EHRC recommends that under this new
provision only a credible suspicion is required to trigger the duty for all public
authorities, which should include Competent Authorities (CAs), involved in the
NRM to notify the NCA, consistent with the State’s positive obligations to
investigate under Article 4 of the European Convention on Human Rights. 21
The UK is required to ensure that where there are reasons to believe that a
person is under 18, they should be presumed to be a child and be given access
to the appropriate assistance, support and protection for child victims. 22
However, there is evidence to suggest that the presumption of childhood is not
being applied in practice.23 It has been recommended that the UK either develop
a clear set of guidelines for age assessment that make the presumption of
childhood clear,24 or that a clause should be added to the draft Bill to give clear
effect to the UK’s obligations.25
19
SCCYP and UHI Centre for Rural Childhood (2011) 'Scotland: A safe place for child traffickers?' Available at:
http://www.sccyp.org.uk/uploaded_docs/policy/sccyp%20child%20trafficking%20report.pdf
20
Home Office (2013) Draft Modern Slavery Bill. Available at: https://www.gov.uk/government/publications/draftmodern-slavery-bill - Clause 35.
21
CN v UK Application no. 4239/08. Available at: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001114518#{"itemid":["001-114518"]}
22
Articles 13-15 of the EU Directive.
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ pp.71-72. Available at:
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences/
23
Joint Committee on Human Rights (2013-14) ‘Human Rights of unaccompanied migrant children and young
people in the UK’ paras 88-89 and 103. Available here:
http://www.publications.parliament.uk/pa/jt201314/jtselect/jtrights/9/9.pdf
24
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ pp.71-72. Available at:
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences/
25
Submission to the UN Committee on the Rights of the Child
April 2014
6
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
Conclusion: The UK Government should pay particular attention to identification
of victims of child trafficking when carrying out its review of the NRM to ensure
intelligence is captured effectively, and sufficiently early for the State to fulfil its
positive obligations to investigate and enforce the law.
Question A: Will the UK Government ensure any review of the NRM will provide
recommendations to improve:

the early identification of child victims, and the application of the presumption
of childhood where the age of a trafficked person is uncertain;

the collection of data, to ensure figures accurately reflect the full nature and
extent of child trafficking in the UK; and

the disaggregation of data, by nation and region of the UK, and the
systematic sharing of information with local partners.
Question B: How does the UK Government intend to work with the
devolved administrations to ensure that data reflects as complete a picture
as possible of the prevalence of child trafficking across the nations and
regions of the UK?
5. Human, Financial and Technical Resources26
The UK Government published its Human Trafficking Strategy in 2011, which sets
out how it intends to comply with its international agreements, including under CRC
OPSC, predominantly in England and Wales. 27 However, the UK Government does
not disaggregate data about related expenditure so that it would be possible to
identify what resource is allocated to implement CRC OPSC.28
The UK Strategy is implemented by the Human Trafficking Team within the
Organised and Financial Crime Unit (OFCU). It is overseen by a Strategic Board,
which reports to the Immigration Minister in the Home Office who is ultimately
responsible for UK policy on Human Trafficking.
26
Responding, in relation to child trafficking, to paragraph 3 in the CRC’s List of Issues.
27
Home Office (2011) Human Trafficking Strategy. Available at:
https://www.gov.uk/government/publications/human-trafficking-strategy
See the CRC’s Concluding Observations on the UK’s 3rd and 4th report in 2008. Available at:
http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC.C.GBR.CO.4.pdf para 18f.
28
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
The Gangmasters Licensing Authority29 (GLA) has recently become part of the
Home Office, with a renewed focus on identifying and tackling exploitation and
trafficking30 although with a further reduction in its budget. The EHRC’s inquiry
into the meat and poultry processing sector recommended the GLA’s remit be
broadened to include other sectors where low-paid agency workers are at risk of
exploitation,31 as we believe that the focus on tackling exploitation in a select few
sectors may simply displace this criminal activity to other, unregulated, sectors,
such as the care, cleaning and construction sectors.
The EHRC welcomes proposals in the draft Bill for a National Anti-Slavery
Commissioner to oversee implementation of the new legislation and related
policies.32 However, we are concerned that the Commissioner may not have
sufficient independence or resources to fulfil this role effectively, or sufficient
powers, such as those outlined in the Modern Slavery Bill Evidence Review, 33 to:

make recommendations to appropriate regulatory bodies;

request data and information (including classified information) from all
relevant bodies;

hold all relevant agencies to account in cases of non-compliance with
policies and laws;

launch inquiries, enter premises and investigate the actions of any agency
tasked with combating modern slavery;

conduct regular audits of the shelters that provide support services to victims
of modern slavery; and

launch or request independent research and inquiries to monitor and identify
trends in modern slavery.
29
The Gangmasters Licensing Authority (GLA) protects workers from exploitation: its licensing scheme regulates
businesses who provide workers to agriculture, horticulture, forestry, shellfish gathering and food and drink
processing and packaging. More information is available here: http://gla.defra.gov.uk/
Gangmasters Licensing Authority Press Release (9 April 2014) “GLA Moves to the Home Office.” Available
here: http://gla.defra.gov.uk/PageFiles/915/home%20office.pdf
30
Equality and Human Rights Commission (2009) “Inquiry into the Recruitment and Employment in the Meat and
Poultry Processing Sectors Report” p.51. Available at: http://www.equalityhumanrights.com/legal-andpolicy/inquiries-and-assessments/inquiry-into-the-meat-and-poultry-processing-sectors/
31
32
Home Office (2013) Draft Modern Slavery Bill. Available at: https://www.gov.uk/government/publications/draftmodern-slavery-bill - Part 3.
33
Report of the Modern Slavery Bill Evidence Review (2014) Available here:
http://www.frankfield.com/upload/docs/Modern%20Slavery%20Bill%20Evidence%20Review.pdf
Submission to the UN Committee on the Rights of the Child
April 2014
8
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
Scotland does not currently have a strategy to tackle human trafficking, including
child trafficking.34 The EHRC and SCCYP have supported a proposed Private
Member’s Bill35 that would require the Scottish Ministers to prepare a
comprehensive anti-trafficking strategy.
Conclusion: The UK Government should ensure that the role of National
Anti-Slavery Commissioner is sufficiently independent and has sufficient
powers and resources to be able to assess and improve the effectiveness
of the UK’s laws and policies to tackle trafficking; and that the GLA has a
sufficiently broad remit to tackle exploitation in those sectors where
children and adults are most at risk. The Scottish Government should
develop and implement a comprehensive anti-trafficking strategy.
Question C: Can the State Party detail what resources it devotes to
implementation of CRC OPSC; and how it assesses the impact on
children's rights, including those protected by CRC OPSC, of new
legislative and policy developments?
Question D: What powers is the State Party planning to give the National
Anti-Slavery Commissioner in order to effectively fulfil their role?
Question E: Will the UK Government consider broadening the remit of the
GLA to ensure it can tackle exploitation in all sectors where children and
adults are most at risk; and will the UK Government increase the GLA’s
resources to this work?
The previous joint strategy UK Government & Scottish Executive (2007) ‘UK Action Plan on Tackling Human
Trafficking’. Available at: http://www.scotland.gov.uk/Resource/Doc/254429/0101030.pdf
34
was replaced in 2011 with a new strategy not covering Scotland: UK Government (2011) ‘Human Trafficking: The
Government’s Strategy’. Available at: https://www.gov.uk/government/publications/human-trafficking-strategy
35
Jenny Marra MSP (2007) Human Trafficking (Scotland) Bill Consultation. Available at:
http://www.jennymarra.com/human-trafficking-bill/4579313773
Submission to the UN Committee on the Rights of the Child
April 2014
9
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
6. Criminalisation of Modern Day Slavery36
The UK Government has taken a number of positive steps to criminalise some
forms of the sale of children in England and Wales,37 for example, explicit
offences related to acts of forced labour linked to trafficking and distinct from
sexual exploitation;38 and acts of forced labour not linked to trafficking (or where
trafficking could not be proven).39 Scotland also has a range of criminal offences
that go some way towards tackling the sale of children. However, in Scotland,
like England and Wales, there have been concerns about the fragmented nature
of these offences40, and their effectiveness in light of low numbers of
prosecutions for child trafficking offences.41
We therefore welcome that the UK Government is consulting on the draft Bill,
with a view to bringing legislation into force by 2014.42 The draft Bill seeks to
consolidate and simplify the existing provisions in relation to trafficking43 and acts
36
Responding, in relation to child trafficking and forced labour to paragraph 7 in the CRC’s List of Issues.
In addition to the offences identified in the State’s initial report: United Kingdom of Great Britain and Northern
Ireland (2012) Consideration of reports submitted by States parties under article 12, paragraph 1, of the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child
pornography. Available at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fOPSC%2fGBR
%2f1&Lang=en (N.B. s57,58 and 59 Sexual Offences Act available at
http://www.legislation.gov.uk/ukpga/2003/42/contents have now been replaced by s59A, as amended by s109 of
the Protection of Freedoms Act 2012. Available at: http://www.legislation.gov.uk/ukpga/2012/9/contents/enacted.
England and Wales have explicit offences related to:
 rape and other offences against children under 13 - Sexual Offences Act 2003: s5.Rape of a child under 13;
s6.Assault of a child under 13 by penetration; s7.Sexual assault of a child under 13; s8.Causing or inciting a
child under 13 to engage in sexual activity.
 indecent photographs of persons aged 16 or 17 - Sexual Offences Act 2003 - s45.Indecent photographs of
persons aged 16 or 17; s46.Criminal proceedings, investigations etc.
 taking, showing, distributing or publishing of indecent photographs of children - Protection of Children Act
1978 - s1 taking, showing, distributing or publishing of indecent photographs of children.
37
38
Asylum and Immigration (Treatment of Claimants) Act 2004 (ATICA) Section 4. Available at:
http://www.legislation.gov.uk/ukpga/2004/19/section/4
39
Coroners Justice Act 2009 (CJA) s 71 of the applies, which applies to acts of exploitation defined by reference
to Article 4 of the European Convention on Human Rights. Available at:
http://www.legislation.gov.uk/ukpga/2009/25/contents
40
Jenny Marra MSP (2007) Human Trafficking (Scotland) Bill Consultation. Available at:
http://www.jennymarra.com/human-trafficking-bill/4579313773
41
SCCYP and UHI Centre for Rural Childhood (2011) 'Scotland: A safe place for child traffickers?' Available at:
http://www.sccyp.org.uk/uploaded_docs/policy/sccyp%20child%20trafficking%20report.pdf
EHRC’s Response to the call for evidence on the draft Modern Slavery Bill. Available at:
http://www.equalityhumanrights.com/legal-and-policy/consultation-responses/response-to-the-call-for-evidenceon-the-draft-modern-slavery-bill/
42
43
s59 of the Sexual Offences Act 2003. Available at: http://www.legislation.gov.uk/ukpga/2003/42/contents
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
of forced labour linked to trafficking44. We also welcome the Scottish
Government’s announcement that it will consolidate and strengthen its law in
forthcoming legislation by 2016. Another new provision being considered by the
Scottish Parliament that would allow for any offence to be aggravated if it relates
to trafficking45 is also welcome.
However, there are a number of points in relation to the criminalisation of
trafficking and forced labour, in particular in relation to offences committed
against children, that still require attention in the next iteration of the Bill, and
potentially the legislation that is brought forward in Scotland, including:

the criminalisation of acts of recruiting, harbouring or receiving of
persons in relation to the exploitation of individuals (by way of forced
labour or otherwise), regardless of whether the perpetrator has been
actively involved in the trafficking of those persons. The Child
Exploitation and Online Protection Centre (CEOP) has described the
complex trafficking chain, and the variety of agents used in moving trafficking
victims across or within borders.46 The use of the internet for recruitment is
also increasing.47 However, current gaps in the law mean that where there is
a separation of roles within the trafficking chain, those harbouring or
receiving victims (but not actually involved in facilitating their movement48)
cannot be charged in isolation.
44
s4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (ATICA). Available at:
http://www.legislation.gov.uk/ukpga/2004/19/contents and s 71 of the Coroners Justice Act 2009 (CJA)
http://www.legislation.gov.uk/ukpga/2009/25/contents
45
Criminal Justice (Scotland) Bill, ss. 83-85. Available at:
http://www.scottish.parliament.uk/parliamentarybusiness/Bills/65155.aspx
Child Exploitation and Online Protection Centre (2010) ‘Strategic Threat Assessment Child Trafficking’.
Available at:
http://www.ceop.police.uk/Documents/ceopdocs/Child_Trafficking_Strategic_Threat_Assessment_2010_NPM_Fi
nal.pdf
46
Child Exploitation and Online Protection Centre report (2001) ‘The trafficking of women and children from
Vietnam’. Available at: http://ceop.police.uk/Documents/ceopdocs/NPM_CEOP_FCO_report__trafficking_of_Vietnamese_women_and_children.pdf
47
48
While in England and Wales the common law criminalises false imprisonment and kidnapping, these are not
sufficient to ensure the full criminalisation of trafficking activities and prosecution of all those involved in the
trafficking chain. Kidnapping involves movement without the consent of the person (R v D [1984] AC778) and
false imprisonment involves the restraint of freedom of movement (Archbold 2014 page 19-422). However, in
practice, while trafficking victims may have physical autonomy, their inability to resist or escape the perpetrator
may be as a result of emotional manipulation, such as threats, which would mean these activities would not be
covered by the common law.
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography

making it explicit that any consent given by a child is considered
invalid or irrelevant in determining whether or not a child has been
trafficked. The draft Bill makes no provision for an offence committed
without an element of force, coercion, deception or other means of control.
The European Union Directive 2011/36 (the Directive) 49 and Article 3 of the
Protocol50 make it clear that such elements are irrelevant in cases involving
the exploitation or trafficking of children, because children cannot consent to
their own exploitation. The determining question is only whether or not the
child was exploited.

ensuring that all legislation criminalising trafficking or forced labour
defines children as those under 18 years old. Neither the current or draft
legislation make this clear.51

explicitly criminalising the sale of children for the purpose of adoption.
While section 1 of the Child Abduction Act 1984 makes illegal adoption
unlawful in the UK, it is not treated as a trafficking offence.
Conclusion: The UK Government and Scottish Government should ensure all
acts of trafficking and forced labour in respect of children are criminalised
through amendment to the current or forthcoming legislation to:

include the recruitment, harbouring or receipt of persons for the
purposes of exploitation;

make it explicit that any consent given by a child is invalid and
irrelevant to a determination of whether a child has been trafficked;

include illegal adoption as a trafficking offence; and

provide a definition of children as being under 18 years of age.
Question F: What steps is the State Party taking to address the low rates of
convictions of those responsible for the trafficking and forced labour of
children?
49
The Anti Trafficking Directive 2011/36 (2001). Available at: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF
United Nations (2000) ‘Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children’. Available at:
http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_%20traff_eng.pdf
50
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill Report’ p.45. Available at
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences/
51
Submission to the UN Committee on the Rights of the Child
April 2014
12
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
Questions G: What steps is State Party taking to ensure all acts of
trafficking and forced labour, including of children, are criminalised?
Question H: What steps is the State Party taking to ensure that action to
tackle child trafficking and forced labour is coordinated across all
constituent parts of the UK?
7. Protection of child victims and witnesses of crime52
The obligation53 to have measures in place to allow for the possibility of not
prosecuting victims of trafficking where they have been compelled to be involved
in unlawful activities is recognised in England and Wales54 and Scotland.55 It is
given effect through the guidance issued by the Crown Prosecution Service
(CPS)56 the Association of Chief Police Officers (ACPO)57 and the Crown and
Procurator Fiscal Service (COPFS).58
Despite this guidance, the Group of Experts on Action against Trafficking in
Human Beings (GRETA) has noted concerns that victims of trafficking have
been arrested, prosecuted and convicted in relation to immigration or other
offences.59 Case law in England and Wales and material presented to the
52
Responding, in relation to child trafficking and forced labour to paragraph 9 in the CRC’s List of Issues.
53
The Anti Trafficking Directive 2011/36 (2001). Available at: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF
54
R v O [2008] EWCA Crim 2835, and special measures are provided for under s16 Youth Justice and Criminal
Evidence Act 1999
55
The Rt Hon Frank Mulholland QC to Christina McKelvie MSP (2013). Available at:
http://www.scottish.parliament.uk/S3_EuropeanandExternalRelationsCommittee/General%20Documents/Letterfr
omTheLordAdvocate.pdf
56
CPS (2011) CPS Policy for Prosecuting Cases of Human Trafficking. Available at:
http://www.cps.gov.uk/publications/docs/policy_for_prosecuting_cases_of_human_trafficking.pdf
Association of Chief Police Officers of England, Wales and Northern Ireland,(2012) Position from ACPO Lead’s
on Child Protection and Cannabis Cultivation on Children and Young People Recovered in Cannabis Farms.
Available at:
http://www.ceop.police.uk/Documents/ceopdocs/externaldocs/160810_ACPO_lead's_position_on_CYP_recovere
d_from_cannabis_farms_FINAL.pdf
57
Crown Office and Procurator Fiscal Service ‘Guidance on Human Trafficking Offences’. Available at
http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Guidelines_and_Policy/Guidance%20
on%20Human%20Trafficking%20Offences.pdf
58
59
Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) (2012) 'Report
concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human
Beings by the United Kingdom' Available at: http://ec.europa.eu/antitrafficking/download.action?nodePath=/Publications/GRETA_Report+United+Kingdom+2012_en.pdf&fileName=
GRETA_Report+United+Kingdom+2012_en.pdf&fileType=pdf
Submission to the UN Committee on the Rights of the Child
April 2014
13
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
Modern Slavery Bill Evidence Review60 also indicates that children and young
people continue to be convicted of offences they committed whilst being
exploited, 61 suggesting that prosecutors are failing to follow the guidance.62 The
EHRC suggests that one way to address this would be to enshrine the guidance
in statute through the forthcoming legislation.
The Criminal Court of Appeal in England and Wales63 has confirmed the best
interests of the child is a primary consideration in such cases, and will provide
substantial mitigation (though not immunity), in any decision to prosecute a
victim of trafficking. Culpability for any offences committed by children will be
reduced, and may be extinguished, where the offence was committed as a direct
consequence of, or in the course of, being trafficked. In Scotland, a proposed
Private Member’s Bill in 2007 recommended a provision that would go further
and provide for non-prosecution and non-application of penalties to victims of
human trafficking for criminal acts committed as a direct consequence of their
trafficked predicament.64
Child witnesses are eligible for special measures, such as screens, or giving
evidence by video link, in England and Wales.65 In Scotland, the protective
measures for victims and witnesses of crime in court have recently been
strengthened.66 However, concerns persist about the effects on child victims and
witnesses of the adversarial nature of court proceedings, children’s rights to
privacy, and support for children through the trial period, as well as the more
limited availability of special measures in civil proceedings.67
60
Report of the Modern Slavery Bill Evidence Review (2014) Available at:
http://www.frankfield.com/upload/docs/Modern%20Slavery%20Bill%20Evidence%20Review.pdf
61 R v N and R v LE 2012 EWCA Crim 189
62 Joint Committee on the Draft Modern Slavery Bill (2014). ‘Draft Modern Slavery Bill Report’ p.56-59. Available
at http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slaverybill/news/rewrite-modern-slavery-bill-offences/
63 L, HVN,THN,T v R [2013] EWC Crim 991
64 Jenny Marra MSP (2007) Human Trafficking (Scotland) Bill Consultation. Available at:
http://www.jennymarra.com/human-trafficking-bill/4579313773 - Clause 37.
65
s16 of the Youth Justice and Criminal Evidence Act 1999.
‘Standard Special Measures’ such as screens, giving evidence by video link, and/or a supporter are available
automatically to all child victims and witnesses. Further measures, such as taking evidence by a commissioner, a
closed court or giving evidence in chief by prior statement, may be made available on application. - Victims and
Witnesses (Scotland) Act 2014. Available at:
http://www.scottish.parliament.uk/parliamentarybusiness/Bills/59133.aspx
66
Scottish Parliament Justice Committee (2013) ‘Stage 1 Report on the Victims and Witnesses (Scotland) Bill’
para 87. Available at: http://www.scottish.parliament.uk/S4_JusticeCommittee/Reports/juR-13-07w.pdf
67
Submission to the UN Committee on the Rights of the Child
April 2014
14
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
Conclusion: The UK Government and Scottish Government should use the
opportunity of forthcoming legislation to:

enshrine in statute the guidance on prosecuting trafficking cases; and

keep implementation of that statutory guidance under review to ensure
it is being applied effectively by the CPS and CPFS. NHRIs and other
expert stakeholders should be involved in this process.
Question I: Beyond the existing guidance, what steps does is the State
Party taking to ensure all relevant information about whether a child may
have been trafficked is available to those taking a decision to prosecute
them? For example, does it ensure relevant agencies take a multidisciplinary approach to ensure due enquiries have been made and
assessments carried out?
8. Protection and identification of victims and children at risk68
Section 55 of the Borders Citizen and Immigration Act 200969 gives the Home
Office a statutory duty to safeguard and promote the welfare of children entering
the UK, including where there are concerns they have been trafficked. For those
children who are suspected of having been trafficked this duty is usually
implemented through the following steps:

an interview, conducted by a specially trained officer, with an assessment
within 24 hours by a suitably qualified social worker;

referral to the relevant local authority for assessment by their children's
social care team; and

referral to the NRM by a First Responder to a CA to assess whether the child
qualifies for the provisions applicable to victims of trafficking. While adults
must consent to being referred to the NRM, children do not.
Following a negative decision of the NRM, (where the child is not considered to
be trafficked), the UK’s asylum process may be followed, if appropriate, or the
child may be removed back to their country of origin. The child may still have
68
Responding, in relation to child trafficking and forced labour to paragraph 10 in the CRC’s List of Issues.
69
Borders, Citizenship and Immigration Act 2009. Available at:
http://www.legislation.gov.uk/ukpga/2009/11/contents
Submission to the UN Committee on the Rights of the Child
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15
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
safeguarding needs, especially if they are unaccompanied, so they will continue
to be supported by social services through these processes. 70
However, concerns have been raised about the current arrangements for
identifying victims and determining their trafficked status.71 For example, a
number of bodies have raised concerns about a conflict of interest arising from
officials with responsibility for determining immigration claims at UK Visas and
Immigration (UKVI – part of the Home Office) being part of the NRM’s decisions
about trafficking.72
Overall, the arrangements in England and Wales, and Scotland are considered to:

be overly centralised, lack independence, accountability, and create a
conflict of interest in decision making;73

rely on corroboration to verify potential victims’ stories, when this is not
required by the law;74
70
Following a negative decision by the NRM, the child may still have safeguarding needs especially if they are an
unaccompanied asylum seeking child. Practitioners should ensure a negative NRM decision does not have an
adverse impact on the child's care and does not override the statutory duty placed on local authorities by the
Children’s Act 2004 s11. Available at: http://www.legislation.gov.uk/ukpga/2004/31/contents
Claim asylum in the UK. Available at: https://www.gov.uk/claim-asylum
71
SCCYP and UHI Centre for Rural Childhood (2011) 'Scotland: A safe place for child traffickers?' Available at:
http://www.sccyp.org.uk/uploaded_docs/policy/sccyp%20child%20trafficking%20report.pdf
Centre for Social Justice Slavery Working Group (2013) 'It Happens Here - Equipping the United Kingdom to fight
modern slavery' Available at:
http://www.centreforsocialjustice.org.uk/UserStorage/pdf/Pdf%20reports/CSJ_Slavery_Full_Report_WEB(5).pdf
EHRC (2011) ‘Inquiry into Human Trafficking in Scotland.’ Available at:
http://www.equalityhumanrights.com/uploaded_files/Scotland/Human_Trafficking_in_Scotland_/inquiry_into_hum
an_trafficking_in_scotland-full-report_pdf_.pdf
Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) (2012) 'Report
concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human
Beings by the United Kingdom.' pp. 203-233 Available at: http://ec.europa.eu/antitrafficking/download.action?nodePath=/Publications/GRETA_Report+United+Kingdom+2012_en.pdf&fileName=
GRETA_Report+United+Kingdom+2012_en.pdf&fileType=pdf
72
Centre for Social Justice Slavery Working Group (2013) 'It Happens Here - Equipping the United Kingdom to
fight modern slavery' Available at:
http://www.centreforsocialjustice.org.uk/UserStorage/pdf/Pdf%20reports/CSJ_Slavery_Full_Report_WEB(5).pdf
Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) (2012) 'Report
concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human
Beings by the United Kingdom' Available at: http://ec.europa.eu/antitrafficking/download.action?nodePath=/Publications/GRETA_Report+United+Kingdom+2012_en.pdf&fileName=
GRETA_Report+United+Kingdom+2012_en.pdf&fileType=pdf
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ pp61-63. Available at:
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences
73
Submission to the UN Committee on the Rights of the Child
April 2014
16
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography

lack training for frontline practitioners in the police, health and social
services, and education sectors, leading to a lack of familiarity with the
appropriate referral routes for protection and support;75

not lead to the tracking of outcomes for victims or to an analysis that
identifies patterns and trends in human trafficking; and

lack a formal appeal process.
In this context, the UK Government indicated at the end of 2013 that it intends to
review the NRM process before the draft Bill passes through the UK Parliament,
to ensure it is the most effective way of identifying and supporting victims in
England and Wales. However, concerns have been raised that there has been
too little progress in commencing this review.76
There seem to be promising signs of leadership from the Scottish Government
on identifying and supporting victims with awareness raising and training for the
police and in other sectors,77 and new guidance for frontline practitioners.78
The EHRC has welcomed the proposal in the draft Bill that public authorities
would have a statutory duty to notify the NCA of any suspected victims of
trafficking so as to facilitate early investigation.79 However we consider credible
suspicion to be sufficient to trigger the duty to investigate allegations of
trafficking;80 and the duty to notify the NCA should explicitly include referrals
made to CAs, prior to any consideration of whether there are reasonable
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ pp63. Available at:
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences
74
75
SCCYP and UHI Centre for Rural Childhood (2011) 'Scotland: A safe place for child traffickers?' Available at:
http://www.sccyp.org.uk/uploaded_docs/policy/sccyp%20child%20trafficking%20report.pdf .
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ p.60. Available at
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences
76
77
In particular, the work undertaken with a range of relevant bodies under the auspices of the Scottish
Government’s Anti-Trafficking Progress Group, and the Government’s positive response to calls for a strategy to
prevent child sexual exploitation
78
Scottish Government (2010), National Guidance for Child Protection in Scotland, paras 518-527. Available at:
http://www.scotland.gov.uk/Publications/2010/12/09134441/0; Scottish Government (2013), Inter-Agency
Guidance for Child Trafficking. Available at: http://www.scotland.gov.uk/Publications/2013/11/3285
79
Home Office (2013) Draft Modern Slavery Bill. Available at: https://www.gov.uk/government/publications/draftmodern-slavery-bill - Part 4.
80
CN v UK Application no. 4239/08. Available at: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001114518#{"itemid":["001-114518"]}
Submission to the UN Committee on the Rights of the Child
April 2014
17
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
grounds to believe the individual is a potential victim of trafficking. We note that
there has also been a call for the NRM to be given statutory authority, and that
its scope to be expanded to cover all victims of modern slavery, rather than only
victims of human trafficking.81
Conclusion: The UK Government should expedite its planned review of the NRM
and ensure it has a wide and robust remit to:

consider whether the present arrangements are sufficiently independent, and
have robust governance mechanisms;

address concerns about a conflict of interest arising from the inclusion of
UKVI as a decision making body within the NRM, including considering
whether UKVI should lose its status as a CA;

ensure new arrangements provide a formal appeal process;

include the systematic analysis of NRM data, which is then shared to
enhance anti-trafficking practice across partner agencies; and

improve professionals’ training and confidence in using the NRM effectively.
Question J: What is the State Party doing to address concerns about the
perceived conflict of interest arising from the inclusion of the UKVI as a decision
making body within the NRM?
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ pp61. Available at:
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences
81
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
9. Services supporting child victims’ recovery, reintegration and
compensation82
Trafficking Care Standard
Victims of child trafficking and forced labour frequently experience trauma,
isolation and an inability to cope with a range of emotional, social, as well as
physical, mental and sexual health needs.83 The limited evidence84 on the
outcomes for trafficked children indicates the UK needs to do more to meet
its positive obligations to take specific protective measures under the
Directive85, the ECHR86, the CRC87 and the Charter of Fundamental Rights
of the EU.88 Evidence from England shows that only a minority of trafficked
children are satisfied with the care and support they receive, for example
they complain about the lack of availability of appropriate accommodation;
and they often have multiple social workers and key workers so their care
lacks continuity.89 Evidence from Scotland also suggests specialist services
are not available in all areas and long waiting lists may compound children’s
trauma.90 The EHRC has recommended that the Scottish Government
develop a Trafficking Care Standard and introduce an end-to-end service for
82
Responding, in relation to child trafficking and forced labour to paragraph 11 in the CRC’s List of Issues.
See examples in Barnardo’s report “Whose Child Now?” (2009)
http://www.barnardos.org.uk/whose_child_now.pdf
83
Child Exploitation and Online Protection Centre (2010) ‘Strategic Threat Assessment Child Trafficking’.
Available at:
http://www.ceop.police.uk/Documents/ceopdocs/Child_Trafficking_Strategic_Threat_Assessment_2010_NPM_Fi
nal.pdf paragraph 10.4 PPG (2012) ‘Inquiry into children missing from care’ paragraph 13. Available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/175563/Report__children_who_go_missing_from_care.pdf
84
85
Directive 2011/36/EU of the European Parliament and of the council (2001) Articles 13-16. Available at:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF
86
Council of Europe Convention on Action against Trafficking in Human Beings (2005) Article 10. Available at:
http://conventions.coe.int/Treaty/en/Treaties/Html/197.htm
87
Articles 3,19,32,33,36- European Court of Human Rights and Supreme Court held that they form part and
parcel of the ECHR and, consequently, are binding on public authorities in national law, pursuant to s6, Human
Rights Act 1998: ZH (Tanzania) paras 21 to 25. H (Tanzania) v. Secretary of State for the Home Department
[2011] UKSC 4; [2011] 2 AC 166
88
Paragraph 8 of the preamble to the Directive notes that, as secondary legislation, the Directive must be read
subject to the treaty provision of article 24 of the Charter of Fundamental Rights of the European Union which
imposes materially identical duties on member states, to those imposed by article 3 CRC. Directive 2011/36/EU
of the European Parliament and of the council (2001) Articles 13-16. Available at: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF
The Children’s Society and Refugee Council (2013) ‘Still At Risk pp. 65-66. Available here:
http://www.refugeecouncil.org.uk/assets/0002/9408/Still_at_Risk-Report-final.pdf
89
90
Scottish Parliament Public Petitions Committee (2014), paras 157-167
Submission to the UN Committee on the Rights of the Child
April 2014
19
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
trafficking victims. This should include arrangements for systematically
tracking the progress and outcomes for each victim, and could be applied
across the UK.91
Guardianship
A child who is the subject of an application for a Care Order92 will have an
independent guardian appointed by Cafcass93, and may have an
Independent Reviewing Officer (IRO). However, concerns have been raised
that the remit and expertise of Cafcass guardians is too narrow to address
the particular needs of trafficked children; and the IROs do not provide a
sufficient service. These challenges are reflected in the very low take up –
Cafcass works with only 25 trafficked children at any one time, compared to
452 children referred to the NRM last year.94 GRETA has stressed the
importance of an independent, qualified guardian who can act
independently, with authority, and uphold the child’s best interests.95 A
system of guardianship is necessary to:

aid navigation of the care process and legal system;96

ensure the child’s protection and rehabilitation97 by specialist support
services, for example mental health services, and access to appropriate
accommodation, especially those in the 16-17 age group98;
91
Equality and Human Rights Commission (2011) 'Inquiry into Human Trafficking in Scotland'. Available at:
http://www.equalityhumanrights.com/uploaded_files/Scotland/Human_Trafficking_in_Scotland_/inquiry_into_hum
an_trafficking_in_scotland-exec-sum_pdf_.pdf
92
Under s31 of the Children Act 1989.
93
Cafcass is the Children and Family Court Advisory and Support Service. More information is available here:
https://www.cafcass.gov.uk/
Joint Committee on the Draft Modern Slavery Bill (2014). ‘Draft Modern Slavery Bill’ p.67. Available at:
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-modern-slavery-bill/news/rewritemodern-slavery-bill-offences
94
95
Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) (2012) 'Report
concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human
Beings by the United Kingdom' Available at: http://ec.europa.eu/antitrafficking/download.action?nodePath=/Publications/GRETA_Report+United+Kingdom+2012_en.pdf&fileName=
GRETA_Report+United+Kingdom+2012_en.pdf&fileType=pdf paragraph 245;
The Children’s Society and Refugee Council (2013) pp74-77. Available here:
http://www.refugeecouncil.org.uk/assets/0002/9408/Still_at_Risk-Report-final.pdf
96
97
Submissions to the Home Affairs Select Committee 2009 recorded concerns about the level of support and
supervision provided to trafficked children to prevent them being targeted further. Home Affairs Committee (2009)
The Trade in Human Beings: Human Trafficking in the UK - paragraphs 35, 68 and 170. Available at:
http://www.publications.parliament.uk/pa/cm200809/cmselect/cmhaff/23/2302.htm
Submission to the UN Committee on the Rights of the Child
April 2014
20
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography

assist in severing links with traffickers;99 and

minimise the risk of children going missing. 100
The United Nations High Commissioner for Refugees’ guidelines on
international protection also requires a guardian to be appointed
immediately, and free of charge for all separated children.101 A positive
example of how guardianship could work effectively across the UK is the
Scottish Guardianship Service, which helps separated children navigate
support services, the asylum process, and practical day-to-day issues102.
Moreover, approximately 60% of suspected child victims of trafficking in local
authority care go missing, and two thirds are never found103. Furthermore,
there is evidence that those who are found are with traffickers again.104
Although the UK Government have revised the existing statutory guidance
on children who run away or go missing from home or care, and instigated a
See also Centre for Social Justice Slavery Working Group (2013) 'It Happens Here - Equipping the United
Kingdom to fight modern slavery' Available at:
http://www.centreforsocialjustice.org.uk/UserStorage/pdf/Pdf%20reports/CSJ_Slavery_Full_Report_WEB(5).pdf
98
SCCYP and UHI Centre for Rural Childhood (2011) 'Scotland: A safe place for child traffickers?' Available at:
http://www.sccyp.org.uk/uploaded_docs/policy/sccyp%20child%20trafficking%20report.pdf
Child Exploitation and Online Protection Centre (2010) ‘Strategic Threat Assessment Child Trafficking’.
Available at:
http://www.ceop.police.uk/Documents/ceopdocs/Child_Trafficking_Strategic_Threat_Assessment_2010_NPM_Fi
nal.pdf
99
Data kept on children who go missing from care is incomplete. APPG (2012) ‘Inquiry into children missing
from care’ paragraph 13. Available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/175563/Report__children_who_go_missing_from_care.pdf – para 13 of APPG report. Material presented to the APPG Inquiry
into children missing from care indicated a link between those who go missing from care and sexual exploitation
– paras 7-8.
100
101
UN Refugee Agency (2009) Guidelines of international protection: Child Asylum Claims under Articles 1(A)2
and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees. Available at:
http://www.unhcr.org/50ae46309.html
102 This project is run jointly by the Scottish Refugee Council and Aberlour Childcare Trust and was evaluated
positively in 2013. Around one third of its service users are likely to have been trafficked; Scottish Refugee
Council and Aberlour Childcare Trust (2013) An evaluation of the Scottish Guardianship Service Pilot. Available
at: http://www.aberlour.org.uk/how_we_help/services/248_scottish_guardianship_service
103 All Party Parliamentary Group for Runaway and Missing Children, and the All Party Parliamentary Group for
Looked After Children and Care Leavers (2012) ‘Report from the Joint Inquiry into Children who go Missing from
Care’ p.13. Available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/175563/Report__children_who_go_missing_from_care.pdf
ECPACT and Save The Children (2007) ‘Missing Out: A Study of Trafficking in the North West, North East and
West Midlands.’ Available at: http://www.ecpat.org.uk/sites/default/files/missing_out_2007.pdf p.5
104
CEOP (2010) Strategic threat Assessment Child Trafficking in UK paragraph 10.4. Available at:
http://www.ceop.police.uk/Documents/ceopdocs/Child_Trafficking_Strategic_Threat_Assessment_2010_NPM_Fi
nal.pdf
Submission to the UN Committee on the Rights of the Child
April 2014
21
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
consultation on the relevant regulations in England,105 the EHRC considers
there is a need for effective measures to record trafficked children who go
missing from care, and to investigate their whereabouts in order to comply
with Articles 13-15 of the Directive.
Compensation
Compensation is available in England and Wales for victims of trafficking106
and the CPS Guidance requires prosecutors to consider applying for
compensation on conviction.107 However, compensation orders can only be
made where the offender has assets and, in practice, defence counsel can
use applications for compensation to discredit the victim’s motives.
For a victim to claim under the Criminal Injuries Compensation Scheme
(CICA) in England and Wales, they must have been subjected to physical
violence or a threat causing fear of immediate violence or sexual assault.
False imprisonment, without threats of violence, is not covered; nor is
distress or humiliation.
The EHRC is currently assisting two cases in the appellate courts of England
and Wales to determine whether exploited migrant workers are entitled to
protection from discrimination under the Equality Act 2010.108 The EHRC
considers that if these are successful this should enable them to bring civil
claims and to be compensated for any discriminatory exploitation they suffer
even where their contract of employment is illegal.109
105
Care Planning, Placement and Case Review (England) Regulations 2010 (CPPCRR) Available at:
http://www.familylaw.co.uk/system/uploads/attachments/0006/8371/uksi_20130706_en.pdf and Care Leavers
(England) Regulations 2010. Available at: http://www.legislation.gov.uk/uksi/2010/2571/part/1/made
106
Compensation is available in England and Wales for victims of trafficking under the following:
sections 130-132 of the Powers of the Criminal Courts (Sentencing) Act 2000. Available at:
http://www.legislation.gov.uk/ukpga/2000/6/contents ; prosecutors may request a compensation order upon
conviction in appropriate cases;
 under section 13(2) of the Proceeds of Crime Act 2002. Available at:
http://www.legislation.gov.uk/ukpga/2002/29/contents
;
 the victim may sue the perpetrator in the civil courts (including the Employment Tribunal);
 through the Criminal Injuries Compensation Scheme (“CICA”) where they have suffered a personal injury
(which includes physical injury, mental injury and disease). The maximum award that may be made under
CICA is £500,000. CICA does not require a prosecution, but the crime must be reported.

107
CPS Guidance. Available at: http://www.cps.gov.uk/legal/h_to_k/human_trafficking_and_smuggling/
108
Hounga v Allen [2012] EWCA Civ 609 www.bailii.org/ew/cases/EWCA/Civ/2012/609.html
109
Taiwo v Olaigbe [2014] EWCA Civ 279 http://www.bailii.org/ew/cases/EWCA/Civ/2014/279.html
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
While the Criminal Justice System of England and Wales has produced a
Trafficking Toolkit for those representing victims,110 GRETA has noted there
is limited information about the numbers of victims who have claimed
compensation.111 As a consequence, it is difficult to know whether
prosecutors are seeking compensation orders, and how successful they are.
Conclusion: The State Party should introduce additional measures to:

adequately protect child victims, including the provision of a
guardian who is able to act in the best interests of the child at all
times;

introduce statutory mechanisms for recording and investigating
trafficked children who go missing from care;

introduce a Trafficking Care Standard;

introduce an end-to-end service for trafficking victims, which
should include arrangements for systematically tracking the
progress and outcomes for each victim;

extend the remit of CICA to cover slavery, servitude and false
imprisonment and provide compensation for humiliation, distress
and degradation; and

ensure exploited migrant workers who have suffered discrimination
can seek redress under the Equality Act 2010.
Question K: What steps are being taken by the State Party to ensure
there are clear national standards for the provision of safe
accommodation for child victims of trafficking that address their
specific safety and security needs?
Question L: What steps is State Party taking to comply with its positive
obligation under international law to take specific measures to protect
child victims of trafficking, in particular in relation to the requirement to
ensure the appointment of a guardian “where appropriate” for
110
Criminal Justice System Trafficking toolkit. Available at:
http://webarchive.nationalarchives.gov.uk/20100920143917/http:/frontline.cjsonline.gov.uk/guidance/victims-andwitnesses/trafficking-of-people/
111
Research by Anti-Slavery in 2008 showed compensation had only been requested once. Anti-Slavery (2008)
Opportunities and Obstacles: Ensuring access to compensation for trafficked persons in the UK. Available at:
http://www.antislavery.org/includes/documents/cm_docs/2009/t/trafficking_and_compensation2009.pdf
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
unaccompanied child victims. Would the State Party formally review
the current systems to ensure compliance?
Question M: What steps is the State Party taking to ensure exploited
migrant workers are able to seek redress and compensation under
CICA and/or the Equality Act 2010 for any discrimination, humiliation
and/or distress suffered as a consequence of their exploitation?
10. Access to justice and civil legal aid112
a. Reform of civil legal aid in England and Wales
The recent reforms in the Legal Aid, Sentencing and the Punishment of
Offenders Act 2012 (LASPO Act)113 remove many areas of law from the
scope of civil legal aid in England and Wales. Some of these exclusions may
have an adverse impact on child victims, including:

Children who have experienced abuse do not have access to
professional legal help with gathering evidence in support of an
application for criminal injuries compensation; 114 and

Those facing deportation from the UK, including children, generally have
no access to legal advice or representation to challenge their removal.115
In addition, certain other exclusions from civil legal aid may have an adverse
impact on the personal or financial circumstances of child victims (in
particular those leaving the care system) potentially making them more
vulnerable to exploitation. These include:

Welfare benefits cases are excluded from legal aid.116 This could prevent
challenges to the refusal of welfare benefits to certain children aged 16
While this issue was not explicitly referenced in the CRC’s List of Issues Report, because of developments
since the UK’s initial state report, the EHRC feels it is an issue the CRC should consider.
112
113
Legal Aid, Sentencing and Punishment of Offenders Act 2012. Available at:
http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted
114
Civil legal services provided in relation to compensation under the Criminal Injuries Compensation Scheme
are excluded from civil legal aid by LASPO Act Schedule 1 Part 2, Paragraph 16. Available at:
http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted
115
Immigration cases except for asylum cases, challenges to immigration detention (such as bail applications)
and cases before the Special Immigration Appeals Commission – set out in LAPSO Act Schedule 1, Part 1,
Paragraphs 24 to 31. Available at: http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
and 17, for example those leaving care who are disabled, or girls who
are pregnant or who have a child.

Employment cases are excluded, apart from cases involving
discrimination at work. This could have an impact on children who are
working, for example if they wish to challenge exploitative employment
practices, such as failure to pay the National Minimum Wage.
To mitigate the effects of these exclusions from legal aid, the LAPSO Act has
introduced an exceptional funding scheme.117 In theory, this scheme allows
the Legal Aid Agency (LAA) to grant funding for an excluded case where: a
failure to do so would breach the individual’s human rights under the ECHR or
rights under EU law; or where funding is appropriate given the risk of such a
breach. However, the exceptional funding scheme does not appear to be
operating as intended, partly because of its demanding application process.
The process presents challenges that may be particularly insurmountable for
children.118 In practice, there has been a very small number of applications for
exceptional funding, with a poor success rate.119
In addition, the LAPSO reforms are having a negative impact on the
availability of specialist advice for child victims. For example:

Funding for advice from English local authorities could fall from
£220million to £160million by 2015/16;120

Four law centres have closed in the past 12 months, including
Streetwise Community Law Centre, the first law centre in England and
116
LASPO Act schedule 1 Part 2 Paragraph 15 excludes civil legal aid for welfare benefit law. An exception is
made for appeals to the Upper Tribunal on points of law. Available at:
http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted
117
Section 10 LAPSO Act 2012. Available at: http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted
There is no special procedure for handling urgent cases, nor is there an exemption for cases involving
children. The application process is complex, time consuming and requires detailed knowledge of ECHR and EU
law; few clients could undertake this process without legal advice. In addition, legal advisers are only paid for
making applications if the individual is granted legal aid. The low rate of success is creating a “chilling effect on
the number of applications” according to the UK Parliament’s Joint Committee on Human Rights (2013)
The Implications of Access to Justice of the Government’s Proposals to Reform Legal Aid, paragraph 141.
Available at: http://socialwelfare.bl.uk/subject-areas/government-issues/legislation/tso/159202766.pdf
118
119
The UK Government Ministry of Justice estimated there would be 5000-7000 applications in the first year of
the scheme. However, statistics from the Legal Aid Agency show that between 1 April and 1 July 2013 there were
only 233 applications for exceptional funding, only 6 of which were successful – Legal Action, September 2013,
page 40.
Low Commission (2014) Tackling the advice deficit – A strategy for advice and legal support on social welfare
law in England and Wales Para 1.15. Available at: http://www.baringfoundation.org.uk/LowComReport.pdf
120
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
Wales to provide an advice service dedicated to the needs of children
and young people;121

Shelter, the national housing charity, has closed nine of its advice
centres;122 and

Legal aid funding for specialist caseworkers in Citizens Advice Bureaus
largely ceased in March 2013.123
To address these challenges, and ensure the provision of timely legal
advice, the EHRC supports a recommendation to establish a fund for the
provision of legal services to victims of modern slavery, consistent with the
UK’s international obligations; and to amend LAPSO to ensure the
exceptional funding scheme applies to victims of all modern slavery
offences.124
The Residence Test
The UK Government intends to introduce a “residence test” to limit access to
civil legal aid in England and Wales.125 Although the test is based on
residency, rather than nationality, it is strongly arguable that the residence
test would unjustifiably discriminate against particular groups of people. This
could be in violation of Article 6(1) read with Article 14 of the ECHR, which
guarantees freedom from discrimination in the enjoyment of ECHR rights.126
Following a public consultation, the UK Government announced exceptions
to the residence test, which include victims of child trafficking and forced
marriage, asylum seekers, and some cases relating to the protection of
121
Legal Action Group News (2014) Law Centre Closures. Available at:
http://www.legalactiongroupnews.org.uk/law-centre-closures/
122
Third Sector Online (2013) Shelter to close nine housing advice centres because of cuts to legal aid. Available
at: http://www.thirdsector.co.uk/Finance/article/1174095/Shelter-close-nine-housing-advice-centres-cuts-legalaid/?HAYILC=RELATED
123
Citizens Advice(2013) Advice trends, April-June 2013 p.12. Available at:
https://www.citizensadvice.org.uk/index/aboutus/publications/advice_trends.htm
Joint Committee on the Draft Modern Slavery Bill (2014) ‘Draft Modern Slavery Bill’ p.74. Available at:
http://www.publications.parliament.uk/pa/jt201314/jtselect/jtslavery/166/16602.htm
124
125
The Residents Test will limit civil legal aid to people who are lawfully resident in the UK and can prove that
they have, at some point in the past, been continuously resident in the UK for at least 12 months.
The EHRC’s response to the Joint Committee on Human Rights Inquiry into the implications for access to
justice of the government’s proposed judicial review reforms covers its analysis of the residence test, and is
available here: http://www.equalityhumanrights.com/legal-and-policy/consultation-responses/inquiry-into-theimplications-for-access-to-justice-of-the-government-s-proposed-judicial-review-reforms/
126
Submission to the UN Committee on the Rights of the Child
April 2014
26
UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography
children. Nevertheless, there remain concerns127 that some child victims and
vulnerable children would still be unable to prove that they satisfy the test,
for example:

Victims of trafficking whose status is disputed or who do not manage to
access the NRM;

Children who are undocumented, or who otherwise cannot prove that
they have been lawfully resident in the UK for more than one year;

Certain child abduction cases, for example where the child is wrongfully
brought to, or retained in, the UK, and their parent does not satisfy the
residence test.
In this context, concerns have been raised that the UK Government has not
given full consideration to its international human rights obligations.128
Access to Judicial Review in England and Wales
The UK Government has decided to implement a number of reforms to limit
access to the Judicial Review system in England and Wales.129 These
reforms are likely to have a negative impact on child victims’ ability to
challenge unlawful decisions, for example their unlawful detention, or a
negative decision of the NRM.
Conclusions: The UK Government should:

Amend LAPSO to ensure the exceptional funding scheme applies
to victims of all modern slavery offences;
Joint Committee on Human Rights (2013) The implications for access to justice of the Government’s proposed
legal aid reforms. Available at: http://www.justice.org.uk/data/files/resources/349/JUSTICE-JCHR-SubmissionFINAL-27-September-2013.pdf
127
The UK Parliament’s Joint Committee on Human Rights has suggested the UK Government may not have
given consideration to its obligations under Article 2 of the UNCRC – Joint Committee on Human Rights (2013).
The implications for access to justice of the Government’s proposed legal aid reforms. Available at:
http://www.justice.org.uk/data/files/resources/349/JUSTICE-JCHR-Submission-FINAL-27-September-2013.pdf
128
129
Judicial Review enables judges to review the lawfulness of the decisions or actions of public bodies in
England and Wales, providing an important check on their exercise of power. Judicial Review – proposals for
further reform. Ministry of Justice (2014) Proposals for further reform: the Government response. Available at:
http://webcache.googleusercontent.com/search?q=cache:ldXpkbem3j4J:https://consult.justice.gov.uk/digitalcommunications/judicial-review/results/judicial-review---proposals-for-further-reform-governmentresponse.pdf+&cd=1&hl=en&ct=clnk&gl=uk
Submission to the UN Committee on the Rights of the Child
April 2014
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UK compliance with the Optional Protocol on the sale of children, child prostitution and child pornography

Ring-fence legal aid funding for the provision of legal services to
victims of modern slavery, consistent with the UK’s international
obligations;

Reconsider the application of a residence test for civil legal aid for
victims of trafficking, including child victims; and

Retain funding for Judicial Review for negative decisions of the
NRM.
Question N: What steps does the State Party plan to take to monitor the
impact on access to justice for child victims arising from the LASPO
Act reforms, including the operation of the scheme for exceptional
funding and the impact of the reforms on the legal and advice sector?
Question O: Can the State Party make a commitment that the residence
test, once introduced, will not lead to child victims being excluded from
access to civil legal aid for a case relating to their rights under CRC
OPSC?
Question P: What steps will the State Party be taking to monitor the
impact of the proposed reforms to judicial review for child victims and
organisations pursuing rights under the CRC OPSC on their behalf?
Submission to the UN Committee on the Rights of the Child
April 2014
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