Tackling modern slavery and human trafficking toolkit

Tackling Modern Slavery and Human Trafficking National Referral Mechanism Toolkit Plymouth Approach

Version 1.0
June 2017

National Referral Mechanism (NRM) process – at a glance

If you suspect that an adult, a child, or a family are victims of modern slavery you probably want to know what you need to do right now:

Trust your instinct and professional judgement

Don’t worry about trying to double check definitions or legislation. You only need to have a reason to believe someone may be a victim. You don’t have to be able to prove it.

If you have a suspicion that someone is a victim of modern slavery or human trafficking please trust your instincts.

Is your organisation a ‘First Responder’?

Only organisations classed as First Responders can refer a potential victim of modern slavery into the NRM. Anyone outside the NRM who wishes to raise modern slavery concerns, can do so through a first responder. First responders are:

• The Home Office
• Local authorities
• Health and Social Care Trusts (HSC Trusts)
• Police
• POPPY Project
• National Crime Agency (NCA)
• Trafficking Awareness Raising Alliance (TARA)
• Migrant Helpline
• Kalayaan
• Gangmasters Licensing Agency
• Medaille Trust
• Salvation Army
• Barnardo’s
• National Society for the Prevention of Cruelty to Children (NSPCC).
• Unseen UK

Be aware of your own safety and that of any suspected victims

If you are face to face with someone who you think may be the victim of slavery or trafficking, it is vital that you escalate your concerns using a managed process and only attempt to speak with a victim in person and in private, if it is safe for you to do so. This is because:

• You may not be aware of the coercion and control that may be imposed on a victim by a perpetrator.
• Threats to a victim (or a victim’s family) may have been made (and previously carried out).
• A victim may not recognise that they are being exploited.
• A victim may not want to be ‘rescued’ for a variety of reasons.
•  It could be dangerous for a victim, associates of the victim, and you.

If you suspect that someone is in immediate danger always contact Devon and Cornwall Police on telephone 999.

If it is possible for you to speak safely with a victim (or suspected victim) in private, you can explain to them that you have concerns for them, and there are people who can help them (through a process called the National Referral Mechanism). Always use a trained interpreter if needed. Home office information leaflets in various languages to help explain can be accessed here.

Speak with your organisation’s Modern Slavery lead (if you have one) or your Safeguarding Lead

The initial response to any case of suspected modern slavery or human trafficking is a safeguarding response. Your organisation should have safeguarding policies and processes to follow and how you and your organisation respond to cases of suspected modern slavery and trafficking should fit within that. Speak with your organisation’s Safeguarding Lead as they will advise and support you.

If your concerns relate to a child

Modern slavery is child abuse that requires a child protection response. Potential victims under 18 years must be immediately referred to Children’s Services within the local authority. The police must also be informed and involved. Child victims do not have to consent to be referred into the NRM.

As well as following your own procedures you will need to:

1. Make an immediate referral into the Plymouth Multi-Agency Safeguarding Hub by telephone on 01752 305200. In an emergency outside office hours, this can be done by contacting the Emergency Duty Team on 01752 346984
2. You will then need to confirm your telephone referral in writing, within 48 hours of it being made using the Safeguarding referral form which you can find online at, https://www.plymouth.gov.uk/report-child-abuse-or-neglect this should then be emailed to [email protected].
3. Liaise with your own organisation Safeguarding/Child Protection Lead to complete the NRM Child Referral form (see Appendices) and email this to the [email protected] who as a First Responder will then submit it to the Modern Slavery and Human Trafficking Unit (and will also copy in Devon and Cornwall Police [email protected]).

The Child Trafficking Advice Centre part of the National Society for the Prevention of Cruelty to Children operate a child trafficking advice and information line which offers direct assistance to professionals dealing with children who show signs of having being trafficked. They can offer

staff advice on how to address the child’s needs and our statutory duties in regard to safeguarding children from harm. The advice line is telephone 0808 800 5000.

Interviewing children suspected or known to be victims of modern slavery must been kept to a minimum. Where possible the child should only be interviewed by either trained specialist child protection police or social work professionals. For further information see

If your concerns relate to an adult

A potential victim of modern slavery is a potential victim of a crime.

To refer an adult into the NRM you must have their consent. If they refuse consent there is still a statutory duty to notify the Home Office of your concerns.

If you are concerned that the adult may be vulnerable in some way under the Care Act, please contact Plymouth’s Safeguarding Adults Team for advice on telephone 01752 668000 or online at https://www.plymouth.gov.uk/report-adult-abuse-neglect-or-safeguarding-…

For further information see https://www.gov.uk/government/publications/care-act-statutory- guidance/care-and-support-statutory-guidance#safeguarding-1

At this stage you have two options:

Option 1

In a ‘non emergency’ situation and/or if you are not part of a First Responder organisation, inform Devon and Cornwall Police of your concerns by email to [email protected]. The police as a law enforcement agency and a First Responder will then carry out their own activity (including engaging with the Salvation Army who hold the national contract for victim care), will engage with any suspected victims and will safeguard them as appropriate. At this point the police will then complete the relevant NRM referral forms (with consent) or the statutory Duty to Notify form (which is a document that is sent to the Home Office for any suspected cases).

OR

Option 2

If you are part of a First Responder organisation and the circumstances are safe for you to do so, you can explain to the person whom you suspect is a victim that you have concerns about them, and wish to refer them into a support system to help them (i.e. the National Referral Mechanism). All NRM referrals will be received by the police as well as the

Modern Slavery and Human Trafficking Unit. It is however, up to the suspected victim if they wish to engage with the police or not, throughout the process.

If you have their consent;

• Complete the Adults Referral form (see Appendix) and email to the Modern Slavery and Human Trafficking Unit Competent Authority via email [email protected] or by fax to 0870 496 5534.
• Because a potential victim of modern slavery is a potential victim of a crime all NRM forms should be referred to the police by secure email to [email protected] either on the victim’s behalf where they consent to this information being provided to the police, or as a third party referral where they do not, provided this does not breach any obligation of confidence owed to the victim under the common law.

• Contact the Salvation Army’s 24 hour referral line on telephone 0300 303 8151. The Salvation Army will arrange support and safe accommodation.

• If necessary arrange for the suspected victim to receive urgent medical treatment. Services available regardless of immigration status include: Accident and Emergency Services; family planning services; treatment for most infectious diseases and sexually transmitted infections.

If you do not have their consent;

If the suspected victim does not consent to being referred into the NRM, please complete the statutory Duty to Notify form (see Appendix) and send that by email to the Home Office at [email protected] and copy in Devon and Cornwall Police at [email protected].

The purpose of this document

This document aims to explain what Modern Slavery and Human Trafficking are, along with the National Referral Mechanism (NRM) and how we use it in Plymouth.

Modern slavery and Human Trafficking are complex, abhorrent and hidden crimes. Whilst we may not be able to eradicate them completely, what we can do is work with others to make Plymouth a hostile area to those criminals who exploit others for their own personal gain. We can also work to ensure that if these crimes happen in Plymouth, we know how to recognise it, and have the confidence to report it so that we can ensure that victims are supported and that offenders are brought to justice.

The contents of this document are broadly based on various Home Office documents and will complement Plymouth’s response to the Organised Crime Local Profile (OCLP) on Modern Slavery.

The National Referral Mechanism (NRM)

The NRM is a process to identify and support victims of modern slavery and human trafficking. It aims to ensure an efficient partnership approach in terms of co-operating and sharing information about potential victims to facilitate their access to advice, accommodation and support.

Under the Modern Slavery Act if you have concerns about an individual, whether or not they want to accept help and support, and whether or not they consent to be a part of the NRM, there is a statutory duty to report the concern/suspicion to the Home Office.

Changes to the NRM have been piloted in West Yorkshire and the South West. Plymouth was part of that pilot process. The pilot has now concluded so until we receive further guidance, in Plymouth the NRM system reverts back to how it operated pre-pilot.

The NRM isn’t new. The UK Government signed the Council of Europe Convention on Action against Trafficking in Human Beings on 23 March 2007. The Convention was ratified by the UK on 17 December 2008, and came into force on 1 April 2009. This led to the creation of the UK’s NRM in 2009.

The Salvation Army have the Home Office contract for victim support and care which is available through the NRM. Through the NRM victims can access a range of services, help and support including: safe temporary accommodation, medical and trauma based services, legal advice and outreach support.

What is modern slavery?

Definition of Slavery, servitude and forced or compulsory labour: ‘All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered him or herself voluntarily. Slavery servitude and forced or compulsory labour may also be present in trafficking cases. However a person under this definition may not have been trafficked also.

Human trafficking is a form of modern slavery.

Definition of Human Trafficking: ‘The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.

Exploitation shall include, at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs’.

‘Trafficking’ doesn’t just involve the trafficking of adults or children from other countries into our own. It also includes the transportation of individuals within the country (which could include British nationals).

Human trafficking consists of 3 components:

All 3 components must be present in an adult trafficking case. In a child case the ‘means’ component is not required. Child human trafficking consists of Action and Exploitation.

Is human trafficking the same as smuggling?

No. Human smuggling is when an individual seeks the help of a facilitator to enter the UK illegally. That relationship ends when the transaction has been completed. The purpose of smuggling is to move a person. The purpose of modern slavery is to exploit a victim.

Types of slavery

Modern slavery is a crime however it can also include a range of other criminal offences.

When dealing with cases of modern slavery whilst the criminal justice process is important in order to attempt to bring offenders to justice, it’s also vital to prioritise the needs of victims and how to safeguard them, as well as looking at the long term support they may need.

Signs of modern slavery and/or trafficking

Modern slavery is a complicated crime. By its nature it’s often hidden which can make it difficult to recognise victims. Some signs of slavery could include:

• Physical appearance – victims may show signs of physical or psychological abuse, look malnourished or unkempt, or appear withdrawn.
• Isolation – victims may rarely be allowed to travel on their own, seem under the control and influence of others, rarely interact or appear unfamiliar with their neighbourhood or where they work.
• Poor living conditions – victims may be living in dirty, cramped or overcrowded accommodation, and/or living and working at the same address.
• Few or no personal effects – victims may have no identification documents, have few personal possessions and always wear the same clothes day in day out.
• Restricted freedom of movement – victims have little opportunity to move freely and may have had their travel documents retained e.g. passports.
• Unusual travel times – they may be dropped off/collected for work on a regular basis either very early or late at night.
• Reluctant to seek help – victims may avoid eye contact, appear frightened or hesitant to talk to strangers and fear law enforcers for many reasons, such as not knowing who to trust or where to get help, fear of deportation, fear of violence to them or their family.

Please note this list is not exhaustive.

Modern slavery is complex because it often involves coercion and control. Some victims may:

• not know or understand that they are being exploited
• have developed a ‘bond’ with their enslaver based on psychological or physical abuse
• be under the constant threat of their family being harmed or killed
• be fearful of authorities (such as the police) so believe they are ‘better off’ with their enslaver

How the NRM works

Local agencies are designated as ‘First Responders’ who refer potential victims of human trafficking to the UK Human Trafficking Centre in the National Crime Agency.

First Responder Agencies include:

• The Home Office
• Local authorities
• Health and Social Care Trusts (HSC Trusts)
• Police
• POPPY Project
• National Crime Agency (NCA)
• Trafficking Awareness Raising Alliance (TARA)
• Migrant Helpline
• Kalayaan
• Gangmasters Licensing Agency
• Medaille Trust
• Salvation Army
• Barnardo’s
• National Society for the Prevention of Cruelty to Children (NSPCC).
• Unseen UK

To be referred to the NRM, potential victims of trafficking or modern slavery must first be referred by a First Responder to one of the UK’s two competent authorities (CAs). This initial referral will generally be handled by an authorised agency such as a police force, the NCA, the UK Border Force, Home Office Immigration and Visas, Social Services or certain Non Government Organisations (NGOs).

The first responder will complete a referral form to pass the case to the CA (you can find these in the Appendix to this document). Referral to a CA is voluntary and can happen only if the potential victim gives their consent by signing the referral form. In the case of children their consent is not required.

All completed NRM forms are sent to the Modern Slavery and Human Trafficking Unit (MSHT) in the first instance. The MSHTU will then determine which CA will deal with the case and will forward the papers if needed.

Completed forms should be sent to the MSHTU Competent Authority via e-mail at [email protected] or by fax to 0870 496 5534.

In the UK the two Competent Authorities are:

• The Modern Slavery Human Trafficking unit (MSHTU), which deals with referrals from the police, local authorities, and NGO’s
• The Home Office Immigration and Visas (UKVI), which deals with referrals identified as part of the immigration process, for example where trafficking or modern slavery may be an issue as part of an asylum claim

Once a referral has been made, trained decision makers in the Competent Authority will assess and make a decision on whether an individual is a victim of trafficking or modern slavery. There are several steps in the process.

The ‘reasonable grounds’ decision

To establish whether an individual is a victim of human trafficking two decisions have to be made. The first is a reasonable grounds decision which is made within five days of referral.

This may involve seeking additional information from the first responder or from specialist NGOs or social services. The threshold at Reasonable Grounds stage for the trained decision makers is; “from the information available so far I believe but cannot prove” that the individual is a potential victim of trafficking or modern slavery.

If the decision is positive then the potential victim will be:

• allocated a place within Government funded safe house accommodation, if required
• granted a reflection and recovery period of 45 calendar days. This allows the victim to begin to recover from their ordeal and to reflect on what they want to do next, for example, co- operate with police as required, return home etc.

The potential victim and the first responder are both notified of the decision by letter.

The ‘conclusive grounds’ decision

The second is a conclusive grounds decision which is made after 45 days and confirms whether an individual is a victim of human trafficking. Further information is sought about the referral and this additional information is used to make a conclusive decision on whether the referred person is a victim of human trafficking or modern slavery.

The expectation is that a Conclusive Grounds decision will be made as soon as possible following day 45 of the recovery and reflection period. There is no target to make a conclusive grounds decision within 45 days. The timescale for making a conclusive grounds decision will be based on all the circumstances of the case.

The trained decision makers threshold for a Conclusive Decision is that on the balance of probability “it is more likely than not” that the individual is a victim of human trafficking or modern slavery.

The first responder and the potential victim will both be notified of the decision. If the potential victim is conclusively identified as a victim of trafficking or modern slavery, what happens next depends on their wishes.

What if the person isn’t a victim?

If at any stage the referred person is confirmed not to be a victim of trafficking or modern slavery then dependent on the circumstances they may be referred to the appropriate law enforcement agency i.e. the relevant police force or the Home Office.

If it is decided by the Competent Authority that the person was not trafficked nor is a victim of modern slavery, and there are no other circumstances that would give them a right to live in the UK, they will be offered support to voluntarily return to their country of origin. The person can also be offered support to return to their country if they have been trafficked or are a victim of modern slavery and do not wish to stay in the UK.

Questions over an individual’s age

In some cases a person may claim to be a child but it is suspected that they are an adult. It is sometimes difficult to establish the age of a potential child trafficking or modern slavery victim where there is a dispute over age. In such cases the competent authority and other agencies within the NRM will continue to treat the individual as a child until age is established.

Where there is an age dispute and an age assessment is being undertaken, referral to the NRM should not be delayed where the victim is believed to be a child. The child’s welfare is the most important factor and should always take precedence.

However, whether an individual is a child or an adult must be established before the competent authority reaches its conclusive grounds decision.

Plymouth will commission an age assessment if necessary (but this should not delay a referral into the NRM). As outlined in the National Guidance Plymouth has adopted a number of principles to guide staff undertaking an age assessment. In particular:

• 2 qualified and experienced social workers are required
• If required by the young person an interpreter must be present
• If there is any doubt as to the age of the presenting individual they are to be given the ‘benefit of the doubt’ and treated as a child until assessed otherwise
• Young person to be fully informed of the purpose of the assessment and potential outcomes
• The assessment outcome must be shared with the individual.

Consent

Consent is required for an adult to be referred to the NRM. We must explain what the NRM is, what support is available through it and what the possible outcomes are for an individual being referred

so they can give their informed consent. We should also make it clear that information may be shared or sought by the Competent Authorities from other public authorities, such as the police and local authorities, to gather further evidence on an NRM referral.

If an adult will not consent to enter the NRM, a separate Duty to Notify form should be completed. Guidance on this process and the form (which is called a MS1 form) which should be completed is available at www.gov.uk/government/publications/duty-to-notify-the-home-office-of-potential- victims-of-modern-slavery.

If the potential victim is under 18, or maybe under 18, we should complete a child referral form. Child victims do not have to consent to be referred into the NRM and should be referred to wider child safeguarding processes for support. Please see the separate guidance and form for child victims.

Sharing data and confidentiality

Victims of human trafficking or modern slavery are incredibly vulnerable. Frontline staff must not disclose a potential victim’s address or other details that could compromise their safety to anyone who is not directly involved in the case.

Information relating to the sharing of data and maintaining confidentiality can be found on page 50 of the ‘Victims of modern slavery – frontline staff guidance’ (see Appendices).

Referral of modern slavery victims to the police

A potential victim of modern slavery is a potential victim of a crime. All NRM forms should therefore be referred to the police by secure email to [email protected] either on the

victim’s behalf where they consent to this information being provided to the police, or as a third party referral where they do not, provided this does not breach any obligation of confidence owed to the victim under the common law.

This referral should be made by the First Responder / frontline worker or, where the referral has not already been made by the time the NRM form is received, the Competent Authority. The police will then determine what action is appropriate, in line with Home Office Counting Rules.

This does not mean that potential victims are under any obligation to cooperate with the police. There is a separate section in the updated NRM form where they can confirm if they are or are not willing to engage with the police.

The NRM process is already a multi-agency process and when a potential victim consents to enter the NRM, they should be aware that information will be passed on by the First Responder / frontline worker that they are speaking to in order to access the NRM. It is therefore unlikely that an obligation of confidence would prevent referring this information to the police.

For there to be a breach of an obligation of confidence, the information must:

• have the necessary degree of confidence about it,

• the information must be imparted in circumstances imparting an obligation of confidence, and
• there must be unauthorised use or disclosure of the information resulting in a risk of harm.

If a First Responder / frontline worker is unsure whether an obligation of confidence would be breached by referring a case to the police, they should contact their organisation’s legal advisor for further guidance.

There is no obligation of confidentiality between the Competent Authority and the victim, as this information has been received via a third party. The Competent Authority is therefore entitled to process this information in accordance with the Data Protection Act 1998 and where appropriate refer this information to the police to support the detection and prevention of crime. The Competent Authority does not require consent from the victim to do so. The intention is to do this in all cases referred into the NRM where there has not already been a police referral.

Support for victims

In most cases support will be provided following a positive reasonable grounds decision, but in cases where an individual is destitute it may be provided from the day of the referral.

Requests for support must be made by a First Responder agency in England to the Salvation Army via their 24 hour Referral Line 0300 303 8151. For children requests for support must always be made to the Local Authority Children’s Services at the earliest opportunity.

The NHS Charging Regulations exempts victims and suspected victims of human trafficking from charges for specified NHS hospital treatment. Some services or treatments are exempt from charges and available on the NHS to all people, including potential victims of trafficking or modern slavery regardless of immigration status including:

• Accident and emergency services (not including emergency treatment if admitted to hospital)
• Family planning services (this does not include termination of pregnancy)
• Treatment for most infectious diseases and sexually transmitted infections
• Treatment required for a physical or mental condition caused by torture, female genital mutilation, domestic violence or sexual violence.

Potential victims of human trafficking are also entitled to:

• Translation and interpretation services
• Counselling and information in a language they can understand
• Help to make sure their rights and interests are presented and considered at appropriate stages of criminal proceedings against offenders
• Access to education for children

If the Salvation Army is unable to assist with accommodation needs immediately, potential victims should be supported/referred to the local authority’s Housing Options Team for emergency accommodation. The team can be contacted Monday to Friday 9.00 a.m. to 5.00 p.m. telephone 01752 305496 (out of hours telephone number 01752 668000). Suspected victims have these rights

in accordance with Article 12 of the Council of Europe Convection on Action against Trafficking in Human Beings.

How does emergency planning fit with this?

Emergency planning exists to provide an appropriate response to large scale incidents. If a number of suspected victims were located, the police would initiate and lead an emergency planning response. This would include working with a wide range of statutory and non statutory partners, and could include establishing a Victim Reception Centre.

Appendices and suggested reading

Duty to notify Home Office Guidance and Form (MS1 Form)

NRM Child Guidance

NRM Child Referral Form

NRM Adult Guidance and referrals

Operational guidance for planned Modern Slavery / Human Trafficking tactical operations

A leaflet outlining the support available for victims of modern slavery in 11 foreign languages

Potential indicators of modern slavery

Physical Appearance

• malnourished
• unkempt
• appear withdrawn

Physical / Sexual Health

• Injuries caused by controlling measures
• Tattoos / marks indicating ownership
• Work injuries caused by inadequate protective equipment
• Sexually transmitted diseases
• Injuries of a sexual nature
• Gynaecological –urinary or vaginal infections, pelvic inflammation or pain, irregular bleeding

Few or No Personal effects

• No ID
• Few possessions
• Same clothing day in day out
• Unsuitable clothing
• Withholding of passports / travel documents

Psychological

• Expression of fear / anxiety
• Depression
• Hopelessness
• Isolation
• Post traumatic stress symptoms e.g.
  • Hostility
  • Aggression
  • Difficulty in recollection
  • Difficulty in concentrating
• Self blame, shame, extensive loss on control
• Distrust of authorities
• Fearful / emotional about dependents
• Fearful of disclosing immigration status
• Reluctance to seek help

Living Conditions

• Dirty
• Cramped
• Overcrowded
• Living / working at same address

Other

• Bonded by debt
• Not registered with GP
• Unusual travel times

Isolation

• Unable to travel independently
• Appear under control
• Not familiar with area / neighbourhood
• Limited English

Formation sources:

• National Referral Mechanism Pilots: Slavery Safeguarding Lead Guidance. Home Office. 2015
• https://www.gov.uk/government/collections/modern-slavery

People at high risk of modern slavery

People at high risk of modern slavery

• unaccompanied, internally displaced children
• children accompanied by an adult who is not their relative or legal guardian
• young girls and women
• former victims of modern slavery or trafficking

Vulnerable adults

Traffickers or modern slavery facilitators can select victims from amongst vulnerable groups, for example, people with:

• substance misuse issues
• debts, in their country of origin or as a result of their illegal migration
• mental health problems
• learning disabilities

Identifying potential child victims of trafficking

A number of children arrive in the UK accompanied by adults who are either not related to them or in circumstances which raise child protection concerns. For example, there may be:

• no evidence of parental permission for the child to travel to the UK or stay with the adult
• little or no evidence of any pre-existing relationship with the adult or even an absence of any knowledge of the accompanying adult
• evidence of unsatisfactory accommodation arranged in the UK

Examples of Modern Slavery / Trafficking

• Forced or compulsory labour
• Servitude
• Sexual exploitation
• Forced criminality
• Organ harvesting
• Child trafficking

Training resources

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