Independent Advocates for Trafficked Children

Ann Coffey Excerpts

Tuesday 28th June 2016 Westminster Hall

[Fiona Mactaggart]

Thank you very much, Mr Streeter. The hon. Member for Maidstone and The Weald talked about the complex factors that lead to children going missing. As Professor Ravi Kohli, who led the evaluation team, told a joint meeting of the all-party groups on human trafficking and modern slavery and on runaway and missing children and adults, the circumstances in which a trafficked child goes missing from care are complex. Many factors may be involved and may need to be addressed to provide a solution. An advocate can help to mitigate those factors by raising awareness of the risks among other professionals, pressing for the provision of safer accommodation and building strong relationships with the child, but other action is also needed. As the evaluation report said, the circumstances in which children go missing require further investigation to ensure that we put in place the most appropriate measures to prevent that from happening.

[Ann Coffey (Stockport) (Lab)]

I congratulate my right hon. Friend on securing this important debate. On that issue, the all-party group on runaway and missing children and adults has done work on children who go missing from care and is concerned that a proper risk assessment should be made of what happens to such children and the risks that they may be opened to when they go missing. That relies on the child disclosing what has happened to them. Children will not disclose information unless they trust the person they are giving that information to. The trusted person is key. Does she think that one way forward on this issue might be to look at how we can get more trusted people for children who go missing—they go missing for all sorts of reasons—and possibly developing some kind of voluntary scheme?

[Fiona Mactaggart]

My hon. Friend, who chairs the all-party group on runaway and missing children and adults, really understands this issue. I believe that children who have lost contact with families can benefit from such an advocacy scheme too. In a way, the Home Office has been more determined to provide support for isolated children than has the Department for Education, which should play a leading role in this area. Local authorities face diminishing resources and increased demand, and cannot adequately support British children who go missing or the unaccompanied Syrian refugee children who will come here. We know from international and indeed Scottish evidence that such children benefit from independent guardianship and that they are at risk of exploitation and trafficking.

My hon. Friend’s proposal that we find ways of giving all children a special person may help to make more children resilient to the risks that they face of going missing, being exploited and so on. Although it is beyond the scope of the debate, I hope that in the future we could extend an independent child advocate scheme beyond trafficked children to lone migrant children and children who have gone missing from their families and so on, because every child needs their person who will help to make them safer. There is no magic bullet, but having a person can make a lot of difference.

On my hon. Friend’s question about risk assessment, we know that the risk of going missing is much higher among some groups of trafficked children than others. For example, Vietnamese children trafficked to this country to work as gardeners in cannabis farms are at an almost automatic risk of disappearing. So a robust risk assessment is needed as soon as a child is identified as a victim of trafficking and we need an accelerated programme to connect high risk children to an advocate.

The evaluation illustrates cases where advocates were the only people who enabled a child who had gone missing to be brought back into contact with the authorities responsible for them. There were significant delays in children being referred to the advocacy service by local authorities—a delay of three days or longer in almost 70% of cases. In comparison, once the advocacy service received the referral, 84% of children had an advocate within one day and all within two days. This finding raises important questions about the referral process and—this is key—the level of commitment from local authority staff members to the advocacy provision. That is one of the reasons why I think the Minister must implement section 48 of the Act now so that local authorities have legal duties in relation to advocates.

The evaluation tells us:

“There were many difficulties associated with advocacy work where speaking up for a child required nimble and diplomatic manoeuvring, rather than being able to draw on a legal authority to contribute”

to meetings about the child’s case.

The evaluation identified challenges faced by advocates, and I am glad the Minister intends to look at those and seek to address them in future incarnations of the scheme. However, I do not believe it is necessary to conduct further trials to do so. The Government originally promised to implement the scheme after the trial. The Minister knows that inadequate co-operation from some public authorities, exacerbated by a lack of legal authority, can be resolved only by commencing section 48 of the Modern Slavery Act 2015, which specifically requires public authorities to recognise and pay due regard to the advocates’ functions and provide them with access to the necessary information about a child’s case. Without bringing section 48 into force, the degree to which public bodies will pay attention to advocates will remain variable, and we will never be able to measure the full potential benefit of the scheme because this depends on statutory recognition, which trials can never give.

In their response to the evaluation report, the Government stated that they would bring proposals about the way forward to Parliament in March. Three months later, the proposals are unpublished, yet since the trials ended nine months ago, vulnerable trafficked children across the country have been left without vital support. Barnardo’s, which delivered the trial advocacy scheme for the Home Office, has continued to provide support to children who entered the trial because it is convinced of its value, but this is to rely on charities once again to step in and cover what should be a statutory responsibility. It is now of the utmost urgency that plans are put in place to make this support available on a wide basis.

Earlier this month, various charities wrote to The Guardian newspaper calling on the Government to act urgently to make independent advocates available to all trafficked children. The charities know, from their work with children, that the delay means many vulnerable children will lack vital support and will be at risk of cruel exploitation. I trust that the Minister will today set out in full the Government’s intentions. I urge her not to proceed with further unnecessary trials, but instead to commence section 48, which provides the best opportunity for acting on the recommendations of the evaluation report and for addressing the challenges it identified, not least that of a lack of legal authority that led to poor collaboration by some local authorities. We must act with urgency to make this provision available and I urge the Minister not to sacrifice the good for the sake of the best, which is what her present course of action risks.

Statutory services can be evaluated and improved when in operation; they often are. As understanding grows about trafficking and the nature of the challenges and risks that children face, there will inevitably be aspects of the advocacy scheme that will need to develop in response. However, the trials have provided sufficient information for the establishment of a permanent country-wide scheme and I hope, although I do not expect, the Minister will put one in place as soon as possible. If she prefers to press ahead with further trials before enacting section 48, I would ask her to heed the advice of the Independent Anti-slavery Commissioner to make every effort to avoid unnecessary delays that would result in beginning again from scratch.

If further trials are to be entered into, they must add to the information and knowledge gained from the first stage of the trials and not be an entirely separate process.

I hope that at a minimum the Minister will confirm today that any new trials and evaluation process will include continued monitoring of the situation and outcomes for the children who participated in the first phase. This will mean we can comprehensively assess the impact of the advocacy provision, particularly in the areas of operation where processes can be lengthy, such as the legal cases that did not reach a conclusion during the first trial period.

I also ask the Minister to build into any future trials the possibility for section 48 to be commenced before the end if interim reports are positive. Doing so would enable very needy children around the country to benefit from this important assistance as soon as possible. I know that the Minister is determined to eliminate trafficking and to protect and support its victims, but the delays that we are experiencing are leaving vulnerable children at sea in a bewildering ocean of statutory agencies, coping with a foreign language and unfamiliar processes, as well as in many cases recovering from trauma and exploitation without the support that Parliament, the European Union and the United Nations have all decided they need. Trafficked and separated asylum-seeking children in Scotland have benefited from similar services for several years and will soon do so on a statutory basis. Northern Ireland is also moving forward on this. However, here in England and Wales, where we have responsibility for the majority of trafficked children, we are lagging behind.

I hope to hear today when the Minister plans to commence section 48 of the Modern Slavery Act to make independent child trafficking advocates available for every trafficked child in England and Wales, because vulnerable trafficked children across the country—more than 1,000 kids—have been left without this support. We urgently need to make such support available on a wider basis.