Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to Article 16.2 of the EU Anti-Trafficking Directive 2011/36, and recommendation 5.4 of 2015 UNICEF report, Achieving a durable solution for trafficked children, what steps he is taking to establish a multi-agency best interests decision-making process to find a durable solution for each child victim of trafficking living in the UK.

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to ensure that its immigration, asylum, nationality and customs functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom. This includes ensuring that the best interests of the child must be a primary consideration in every decision taken in respect of them

Unaccompanied child victims who are not granted refugee status or discretionary leave to remain are not required to leave the UK unless we are confident that there are safe and adequate reception arrangements in the country to which they will be returned. Instead, leave to remain is granted for 30 months or until they are 17½ years of age, whichever is the shorter period. Upon turning 18, they are expected to return to their home country or make a further application to the Home Office if they believe they have a lawful basis to remain.

If the child is a looked after child, local authority children’s social care social workers and personal advisors will work with the child to develop a pathway plan for when they turn 18 - whether they have been granted permanent leave to stay, or are still awaiting a decision, or have been given temporary leave to stay until they turn 18.

To ensure that they are prepared for the possibility that their asylum claim or immigration application is not successful their plan will need to include a focus on their return to their home country at 18 This holistic and informative approach gives children who do not have, or do not yet have, leave to remain in the UK long-term the best chance of achieving durable outcomes, whether in the UK or abroad.

In addition, Section 48 of the Modern Slavery Act 2015, makes provisions for Independent Child Trafficking Advocates (ICTAs). The purpose of an ICTA is to advocate on behalf of the child to ensure their best interests are reflected in the decision-making processes undertaken by the public authorities who are involved in the child’s care. Drawing on their knowledge and experience, ICTAs are able to represent the views of the child at multi-agency meetings and, where appropriate, suggest approaches that might not reflect the views of the child but represent the child’s best interests.

The Government is committed to rolling out ICTAs nationally with the service currently being available in one third of local authorities in England and Wales with the Government

The Independent Review of the Modern Slavery Act led by Frank Field, Baroness Butler-Sloss and Maria Miller has recently considered Section 48 of the Modern Slavery Act 2015, which makes provisions for ICTAs. The Review’s interim reports can be found here. The Government is currently carefully considering the recommendations for ICTAs for national roll out.