Independent Advocates for Trafficked Children

Karen Bradley Excerpts

Tuesday 28th June 2016 Westminster Hall

[Angela Crawley (Lanark and Hamilton East) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Streeter. I congratulate the right hon. Member for Slough (Fiona Mactaggart), who has been an advocate of this issue for many years. This important issue is vital to children, so I do not intend to be political in my contribution today. I intend to enhance the debate and contribute some of the thoughts from Scotland. I want to make it clear that this issue affects vulnerable children and young people.

The issue is fundamentally important because children are at immediate risk of further harm and exploitation. The National Society for the Prevention of Cruelty to Children highlights several reasons why children are recruited, moved or transported. These include benefit fraud; forced marriage; domestic servitude such as cleaning, childcare or cooking; forced labour in factories or agriculture; and criminal activity such as pickpocketing, begging, transporting drugs, working in cannabis farms, selling pirated DVDs and petty bag theft. In this range of small, medium and large crimes, children are exploited. They have no advocate to make a case for them and the exploitation that they suffer on a daily basis is absolutely the reason why we must have this debate today.

Trafficked children experience multiple forms of abuse and neglect, including physical, sexual and emotional violence, which is often used to control trafficked children. We are therefore today giving a voice to those children who have been silenced in this process through the absence of the necessary advocacy that is vital to their needs. The right hon. Member for Slough has done a great deal of work on this issue already through her work on the all-party parliamentary group, and I commend her for that.

As the right hon. Lady has highlighted, the National Crime Agency has already identified 982 cases of child trafficking in 2015, as I am sure the Minister is well aware. That is an increase of 46% from 2014. We could on the one hand link this to the refugee crisis, but that would be too crude. The simple fact is that we know this issue is escalating and ultimately we know that we must respond to it. That picture of child trafficking should surely be enough to convince the Minister that victims are desperately in need of independent advocates—people whose role it is to understand what is going on and to represent and support children believed to be the victims of trafficking. That gives those vulnerable children a voice through the care, immigration and criminal justice systems. We understand all too well that, even for adults, those are bureaucratic and lengthy processes and not something that any child should ever have to contend with.

The need for those vital services has already been recognised by Parliament in the Modern Slavery Act 2015 in a section that received widespread cross-party support, so I am sure I am not telling the Minister anything that she does not already know. That led to the child trafficking advocates pilot project, which is provided by Barnardo’s and funded by the Home Office. However, following an independent evaluation of the pilot scheme, the Government have not acted to make independent child trafficking advocates available across England and Wales. That must be done to ensure that young people and children receive the support that they vitally need. I support the calls from various charities, including Barnardo’s, Christian Aid, UNICEF and many others, which were outlined in a letter to The Guardian.

The EU directive on preventing and combating trafficking in human beings highlights the necessity for England and Wales to extend the pilot, which is especially important now. I do not want to labour the current situation around the EU referendum, but we must ultimately accept that we continue to have a responsibility and that these measures to ensure independent advocates for unaccompanied victims of trafficking have come on the back of an EU directive. The failure to appoint an independent guardian with sufficient legal powers means that the UK is currently non-compliant with the EU directive. Again, I do not say that to be political. I say it simply to state the case: measures to stop trafficking cannot be allowed to fail or fall short of international standards. It is therefore important that the Minister ensures that future revisions of the scheme will adhere to international best practice and guidelines. I urge the Government to commence section 48 of the Modern Slavery Act 2015 and establish a permanent independent advocacy provision as soon as possible.

Turning to Scotland, on which I like to think I have something to contribute, I highlight the work that has been done in Scotland as one model that could be followed by England and Wales. The Scottish Government have made a solid commitment to make provision for independent child trafficking guardians for eligible children. That is part of a wider project to make Scotland a hostile place to trafficking, where it is very clear that child trafficking is not welcome, and to better identify and support potential and confirmed victims. As a result, needless to say, Scotland’s provisions outstrip England and Wales at this time, but that does not mean that England and Wales cannot catch up, and I urge them to do so.

New legislation introduced by the Scottish Government last year—the Human Trafficking and Exploitation (Scotland) Act 2015—will protect those subjected to these terrible crimes while punishing those who commit them. The maximum penalty for trafficking was increased from 14 years, as it is in England and Wales, to life imprisonment—a statement of how seriously Scotland takes this.

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

The Modern Slavery Act, when it was introduced and commenced in July last year, increased the maximum sentence to life imprisonment for all trafficking offences.

[Angela Crawley]

I thank the Minister for that intervention. I should have added “as it is in England and Wales” after “life imprisonment”, just to be absolutely clear. Scotland has sent out a message that trafficking will not be tolerated under any circumstances and I urge the UK to do that also. That legislation also underpins the need for independent advocates. It places a duty to ensure protections by making independent child trafficking guardians available and requiring statutory referrals to be made by people who are in a position to do so. Scotland’s law enforcement agencies therefore have greater powers to bring those responsible to justice.

I mentioned previously how abhorrent child trafficking is and I think we all share that thought. That approach must be considered for application across the UK to end those practices. I am sure the Minister shares our collective concerns. She has proven always to be reasoned and thorough in her responses, so I therefore simply urge her not to delay further on section 48 of the Modern Slavery Act and to establish a permanent independent advocate without further delay. Lastly, to echo the beautiful words of the right hon. Member for Slough, “every child needs their person”.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

It is an absolute pleasure to serve under your chairmanship, Mr Streeter. I believe that it is not the first occasion, but I hope it is not the last. I welcome the opportunity for the House to focus on what we all agree is a most challenging and important topic, and for me to set out clearly the Government’s position.

I congratulate the right hon. Member for Slough (Fiona Mactaggart) on securing the debate and on her contribution to this country’s leading work on modern slavery and human trafficking. Through her position as chair of the all-party parliamentary group on human trafficking and modern day slavery and on the Modern Slavery Bill Committee, she has contributed more than many other people and deserves great credit. There are other Members, both here and in the other place, who have also devoted themselves to promoting the issue of child victims of trafficking and making their lives better. I have been grateful for and impressed by the individual and collective achievements on the issue.

Let me be clear from the outset: supporting trafficked children remains a key priority for the Government. I appreciate how many hon. Members are impatient for progress—so am I. We are talking about a vulnerable group of children, who deserve the utmost support and protection. We must ensure that our response is the right one to best support trafficked children. I value the conversations that I have had with many Members who are here today, with those in the other place and with other key stakeholders including Barnardo’s, to which I pay tribute for its work on the trial, ECPAT, UNICEF and the independent anti-slavery commissioner. We have discussed the critical issues and developed better solutions, and I am particularly grateful for all the frankness and honest insights.

The right hon. Member for Slough and others have referred to the delay. It is not a delay to procrastinate; it is about getting it right. She mentioned the Government’s commitment to report in March. I had hoped that we could fulfil that commitment but, when her all-party group and others voiced significant concerns, I did not want to make an announcement that we would need to go back on. I wanted to work with her and other stakeholders to ensure that we got it right.

I do not intend to go into the details of the trial but I want to address a few points regarding its effectiveness. I have listened carefully today and in earlier discussions, and although many good things came from the trial, I cannot agree that it was an unequivocal, resounding success. The outcomes were equivocal. The trial showed some benefits—the children felt listened to and other professionals reported that the advocates were able to co-ordinate different agencies effectively—but in other areas, there were severe limitations.

The evaluation raised a number of operational issues that required further work, including the process for referring children to advocates; the high incidence of missing children, which I will come to shortly; the fact that advocates did not have the legal powers that had been invested in them by the Modern Slavery Act; and the fact that, in some areas, the service was not visible to many agencies.

The hon. Member for Lanark and Hamilton East (Angela Crawley) expressed concern about whether the country was compliant with the EU directive. We are already fully compliant with the EU directive and the Council of Europe convention. Existing provisions ensure that the relevant statutory agencies meet the international obligations. With the trials, we are looking to do additional work to support trafficked children over and above those obligations.

I have to disagree that children going missing is just something that will happen. We should not see that as acceptable. I understand that there is a problem, and I have a round-table discussion on missing children later this week. I am determined that we make the police response and other responses to missing children part and parcel of everyday work. Those are the children who are trafficked. They are the adults who have mental health problems and find themselves locked up in police cells when they should not be. They are the children who are sexually exploited. We cannot stand by and say that it is acceptable that children go missing. A child’s safety and welfare must be the overriding consideration of any child in the care of the Government, where we are acting as their parent.

[Mark Durkan (Foyle) (SDLP)]

I have not heard anyone suggest today that it is somehow acceptable that children are going missing. What people find unacceptable is that the enforcement and implementation of section 48 of the Modern Slavery Act is missing. There seems to be dereliction in the name of perfection. The fact that the pilot showed a need for improvement does not disprove the need for the provisions of section 48.

[Karen Bradley]

I assure the hon. Gentleman that I will address the next steps later in my speech.

[Fiona Mactaggart]

The hon. Member for Foyle (Mark Durkan) has made the point that I wanted to make, which is that no one in this Chamber today has said that it is acceptable that children are going missing. No one has said that the Government are wrong to focus on the needs of missing children. I and other Members have said that the advocacy scheme on its own was never going to be able to prevent children from going missing. The fact that some children went missing should therefore not be used as a reason for delaying the implementation of the advocacy scheme. It might be used as a reason for taking additional steps, such as the risk assessment to which my hon. Friend the Member for Stockport (Ann Coffey) referred, to help prevent children from being added to the large number who go missing.

[Karen Bradley]

I apologise to the right hon. Lady if she thinks I implied that anyone in this room had said that it is acceptable that children are going missing—I withdraw any suggestion that that was the case. However, the fact remains that just as many children who had an advocate in the pilot went missing as other children, if not more. I take the point that that might be because they had not met their advocate, so we have to get it right and ensure that children do meet their advocate.

I fully appreciate that the scheme is not the silver bullet to resolve the issue of children going missing, but I am determined to ensure that we find a way to make a difference using advocates, who should be there to help prevent young people from going missing. We must stop children maintaining contact with their traffickers, as I suspect some probably have. It is important that we find a way to get this right. I take the point that we should not let perfection get in the way, but that is simply not what is happening.

There were other equivocal issues in the trial. Some children never met their advocate—some went missing before meeting them and some did not meet them full stop—and others did so only infrequently. There was limited evidence of advocates having an impact by assisting children in navigating and getting a better outcome from the immigration or criminal justice systems; in accessing the right health and education services; or even in getting better referrals to, and receiving improved outcomes from, the national referral mechanism. The fact that not all children who were trafficked and had an advocate went into the national referral mechanism raises concerns.

[Fiona Mactaggart]

The evaluation highlighted that, in a number of areas to which the Minister is referring, the timeline of immigration administration, for example, did not fit the timeline of the evaluation process, so it was not possible for some of those points to be concluded. I have not heard any reason for not implementing section 48. She wants to improve the scheme, but how will continuing without the legislative back-up of section 48 enable the scheme to improve? I do not understand that.

[Karen Bradley]

I hope the right hon. Lady will forgive me, but I have a little more progress to make.

I welcome the comments from all hon. Members on the comparison with Scotland and Northern Ireland, but it is important that we reflect on the relative scale and complexities of the problem in England and Wales, where we need to work with many different social services, legal systems and police forces. I assure Members that we have taken on board all the learning from the Scottish Guardianship Service, but the circumstances and the models are different. The service in Scotland is only for children for whom no one has taken parental responsibility, and in such circumstances children in England and Wales will receive support from a social worker and, if there are care proceedings, a children’s guardian. We have kept wider criteria for receiving an advocate in the Modern Slavery Act. We have carefully considered what has been done in Scotland, and we have taken much learning from the schemes in Scotland and Northern Ireland, but it is important that we reflect on the differences between the legal systems.

A number of serious questions raised in the model testing tell us that, although the model shows great promise, it is not universally effective. I am convinced that independent advocacy has an important and central role to play in supporting children, but as the Independent Anti-slavery Commissioner has told me in correspondence, further work is needed to get the model fit for purpose. He remains concerned about the lack of evidence from the trial. Although advocates can clearly play a crucial role, we need to consider the whole package, which is centred on each child’s individual needs. This is simply too important to get wrong. We need to ensure that all child victims of modern slavery are properly identified and supported.

Turning to what I intend to do, I am pleased to announce a full package of measures that, collectively, will improve the support we offer to child victims of trafficking. I make it clear so that no one is in any doubt that I am fully committed to commencing section 48 of the Modern Slavery Act and to the full national roll-out across England and Wales of independent advocates for all trafficked children. To support that, following the Independent Anti-slavery Commissioner’s advice, I also propose two interim measures to improve advocacy now and to prepare for the implementation of the new system as soon as possible.

First, I propose to introduce independent child trafficking advocates at three early adopter sites. The competition for providing those sites will be launched this summer. The sites will enable us to refine the model that was previously tested, including by increasing the speed of referral and the number of people and organisations that can make such referrals; testing the use of quasi-legal powers by advocates and the impact that that will have on their effectiveness and their relationships with statutory agencies; and training and recruiting advocates with specialist skills, such as in certain languages or in dealing with particular forms of abuse, so that they can give more targeted support.

Secondly, in collaboration with the Department for Education, the Home Office will commission a training programme for existing independent advocates, who are statutorily provided to all looked-after children. The training will improve their awareness and understanding of the specific needs of trafficked children and how to support them. But that is not enough. I am also determined to address the other concerns raised in both the trial and the feedback from right hon. and hon. Members.

I am therefore pleased to announce that this year the Home Office will establish and launch a new child trafficking protection fund, with up to £3 million of Government funding initially available over the next three years. The fund will be targeted at addressing two key issues where advocacy alone appears to be insufficient and where alternative and additional approaches are needed. The first aim is to reduce the number of children who go missing or who have contact with traffickers. The second is to support children from high-priority states, from which we continually see high numbers of children trafficked to the UK. I want to explore how we can best meet the needs of such children and disrupt the traffickers who target them. We all agree that a culturally targeted approach is likely to be effective and, having listened to stakeholders, we have decided to launch the fund to promote innovation from stakeholders in all sectors who work with trafficked children and know how best to meet their needs. Critically, such discrete funding could support bespoke local and innovative strategies.

[Sir Alan Meale in the Chair]

[Sarah Champion]

Can the Minister provide a bit more clarity? Is this Home Office money? Is it targeted at UK work? What does she mean by “this year”? Is it this academic year, financial year or chronological year?

[Karen Bradley]

That may be one of the detailed points on which I will have to get back to the hon. Lady. I will talk about some of the other points at this stage, but maybe I will write to her with the specifics.

I want to address the concerns raised about accommodation. We are doing two things about that. First, as the Immigration Minister announced earlier this year, we are taking forward plans to review local authority support for non-European economic are migrant children who have been trafficked. The review will help improve our understanding of specialist local authority provisions for that group as we implement the Modern Slavery Act.

Additionally, the Department for Education is rolling out training for foster carers and support workers that will equip them to understand better the complexities facing unaccompanied asylum-seeking children who have been trafficked, and to gain their trust to prevent them from running away from safe placements. We are already piloting a new way of delivering the national referral mechanism. The pilot is testing new models of identifying victims, processing cases and making effective decisions. It will help ensure that all victims, including children, can access the support that they need. To underpin all that work, we are developing new statutory guidance on identifying and supporting potential victims of modern slavery and trafficking, on which we intend to consult later this year. It includes specific guidance on how best to support child victims of modern slavery.

Looking more widely, many services that trafficked children receive will be the same as for all children, although tailored to them individually. That is particularly true for children in need or looked-after children. Although only part of our approach, incorporating provision for all trafficked children into what is already there, not increasing their isolation, is the way forward. Setting trafficked children apart runs the risk, among other things, of reinforcing their sense of isolation and further increasing their vulnerabilities.

I appreciate that many hon. Members, like me, may be frustrated that establishing independent child trafficking advocates will take some time, as we need to find and train them, and that they may have concerns about how child victims will be better supported in the short term. That is why I have put forward a range of shorter and longer-term proposals and addressed areas where advocacy does not appear to be the only or best solution. We need to get it right. We must strike the right balance between requirements in secondary legislation, statutory guidance and a provider contract, and I need to engage further with right hon. and hon. Members and others to determine how best to do that, including informally via the modern slavery strategy implementation group, with key voluntary and statutory partners and, of course, via a public consultation exercise, followed in due course by the necessary parliamentary processes.

That will happen in step with a public procurement exercise to seek a provider for the national service. We will monitor outcomes for children who have an advocate in the early adopter sites, and look at whether children are generally being helped across a range of key areas including safety, wellbeing, health, education and criminal justice. We will use the learning from the early adopter sites to refine the model for independent child trafficking advocates, which will then be rolled out across England and Wales.

[Fiona Mactaggart]

One issue that Kevin Hyland and I have both raised is whether the further assessment can build on the learning from the original pilot. Can the Minister assure the House that she will continue to draw on the information from the first round of pilots, so that we do not waste all that work but use it to inform what she is doing?

[Karen Bradley]

The right hon. Lady makes an important point and is absolutely right. We need to take what we have already learned, look at early adopter sites and trial new and refined ways of working as we roll out the national process.

The point is that we want to do this right. We will start the process for a national roll-out without delay by ensuring that we have early adopter sites, so that we can trial what we know is successful from the first trial as well as new and different ways of looking at the situation. Although it will take time, I assure all hon. Members that I am determined to move as quickly as possible towards achieving those steps, and in the meantime to implement the immediate improvements that I have outlined. I ask for the continued support of all during that process and stress again that we must get it right for the sake of trafficked children.

I reiterate my commitment to providing an independent advocate to all children who have been trafficked within or into England and Wales, and to getting the arrangements for independent advocates right. The most important thing is to support and protect all trafficked children and ensure that the role of advocates is fully effective. We cannot rush it and risk relying on a sticking-plaster approach on the assumption that we think we have the answer. We must implement fully a considered, holistic and proven solution that meets the needs of trafficked children, who are already vulnerable and may, tragically, be subject to future harm, including from their trafficker, even after coming into the protection system.

I thank the right hon. Member for Slough once again for raising this important issue—I know that she will continue to raise it, and I look forward to that—and for giving me the opportunity to set out the Government’s work. I look forward to our continued dialogue and meetings on this complex issue. I will write to the hon. Member for Rotherham (Sarah Champion) on her specific points, and I assure all Members that I will reflect most carefully on their considered comments and helpful suggestions.

[Fiona Mactaggart]

I thank everybody who has contributed to this debate. It is clear how seriously people from all parts of the House take our duty to protect vulnerable children. I am still worried that the Minister risks making the perfect the enemy of the good. In her concluding remarks, I did not hear a commitment to offer the sites that she calls early adopter sites the backing of section 48, which is the legal power that advocates need in order to be listened to properly by local authorities. It would be helpful to know—

[Karen Bradley]

I apologise if I did not make this clear: the concern that we had in the trial was that advocates were not using the powers given to them in the Modern Slavery Act. Those legal powers will be available to advocates in the early adopter sites.

[Fiona Mactaggart]

I hope that that means that section 48 will be in place, even if the Minister does it in a way that enables it to be rolled out in places. It is quite clear that without it, local authorities will treat advocates as just the guy from Barnardo’s, which is just not good enough and does not protect children.

The other thing that I did not hear is a response to the point made by my hon. Friend the Member for Stockport (Ann Coffey) about risk assessment. I think I heard a bit of a response when the Minister said that it is not in the interests of trafficked children to put them in a “trafficked children only” box. I felt that that might be a way of resisting proposals to assess, for example, Vietnamese gardeners as being at acute risk of disappearing.

As well as the work that the Minister has described, it is essential to establish a national system of risk assessment that is available to local authorities to protect the children who are at most risk of disappearing. Even if advocates on their own are not sufficient protection, we know that certain groups of children are at particularly acute risk. Designing a scheme that recognises the acuteness of risk to particular groups of children would therefore be sensible, and it would be likely to reduce the incidence of children from those particular groups disappearing.

[Karen Bradley]

The right hon. Lady’s point involves missing children. We are considering fully the points made by the all-party group in the inquiry on missing children, to which I gave evidence and in which I have been very interested. I will respond shortly.

[Fiona Mactaggart]

Good, except that “shortly” in the Minister’s life and my life is “longly” in the life of a 14-year-old. That is the problem that we face. It is not that we believe the Government do not want to do this, or that they have locked the issue in a cupboard and are ignoring it; that is not my accusation. I have a deep concern about the delays that we have faced since we introduced the Act. The Minister, the Home Secretary and many other Ministers have said how wonderful the Act is. It is important legislation, but only if it exists in reality on the ground everywhere. That is necessary if we are to protect children.

I heard the Minister’s perfectly reasonable answer about how the civil service does things, how we are going to run the competition for early adopter sites and so on. I realise that this is not a quick process, but I worry that we are in for more months of delay and that there will be more children who do not have the person they need. It is important that the Minister quickly ensures that section 48 is in place, and that she considers what is at risk of being missed out of the process. The risk is that in trying to design a system that is perfect, we will leave too many children without a person they trust, who can help them to negotiate the ghastly bureaucracy that they will face.

Question put and agreed to.

Resolved,

That this House has considered independent advocates for trafficked children.