Question to the Department for Education:

To ask His Majesty's Government what specialist support they offer to unaccompanied migrant children who have been arrested, including those who have been trafficked, to enable them to rebuild their lives.

The department takes the welfare of unaccompanied migrant children extremely seriously and we are committed to ensuring they are safe and secure. Local authorities have a duty to provide services to all children in need in their area. Under Section 20 of the Children Act 1989, those under the age of 18 arriving as unaccompanied asylum-seekers should enter the care of the local authority in which area they first present.

All unaccompanied children, including those who have been arrested or trafficked, should be safeguarded and have their welfare promoted in the same way as any other looked-after child. Social Workers and other practitioners including police, health, education and youth offender services practitioners, and those who care for looked-after children, are encouraged to consider the full range of support available to looked after children in their areas, including that from community and other organisations.

The provisions under the Modern Slavery Act 2015 ensure that if there is uncertainty over whether a potential victim of trafficking is a child or an adult, then that person is presumed to be a child and receives the appropriate support without delay. If practitioners have concerns that a child may be a potential victim of modern slavery or human trafficking, then a referral should be made to the National Referral Mechanism (NRM) as soon as possible. Guidance on making a referral can be found in the attached document. The NRM acts as a formal framework for first responders to identify potential victims of trafficking and assists with the provision of victim support. Like any other child in need, a trafficked child referred through the NRM should be safeguarded by the local authority on which the referral is made. Where it is evident that the child faces a significant risk of harm from the trafficker, appropriate arrangements will need to be put in place to keep the child safe from harm, and the child’s care plan should include such measures.

In addition, the Home Office has rolled out Independent Child Trafficking Guardians (ICTGs) to two thirds of local authorities in England and Wales. In June 2023, the Minister for Safeguarding agreed to extend the current grant agreement to 31 March 2025, alongside working to deliver ICTG national rollout covering all of England and Wales. ICTGs are an additional source of advice and support for potentially trafficked children, and somebody who can advocate on their behalf 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. The support they provided is in addition to the statutory support provided to children by local authorities. Statutory guidance on roles and responsibilities of ICTGs is attached.