Report finds Government is failing in its treatment of child victims of trafficking in a hostile immigration system
The children's rights charity ECPAT UK on Saturday released a comprehensive overview report on trafficking and modern slavery affecting children in the UK.
The 46-page report is here.
ECPAT UK said: "In this report, we highlight progress made as well as concerns for children at risk of and affected by trafficking. As the number of reported cases of child trafficking continues to rise dramatically, there has been increased awareness and understanding of the different forms of exploitation; most notably in the area of child criminal exploitation. However, what we know of outcomes for child victims remains poor: they continue to go missing from care, face a hostile immigration environment and are regularly criminalised for crimes committed as a result of their exploitation."
In the report, ECPAT UK is concerned to find that the Government is failing in its treatment of child victims of trafficking.
Patricia Durr, Chief Executive of ECPAT UK, said: "A decade ago, to mark its commitment to ending exploitation, the government introduced the UK's Anti-Slavery Day and ECPAT UK produced its first 'snapshot' report on the issues affecting child victims. However, 10 years on, the UK is still failing child victims and many of the issues within our report have remained unchanged."
Durr added that ECPAT UK was shocked that data obtained by freedom of information requests revealed that only 28 child victims of trafficking had been granted discretionary leave to remain in the UK in the four-year period from 2016 to 2019.
The report states: "In 2016-19, of the 4,695 individuals with a positive conclusive ground decision subject to immigration control, the Home Office granted a total of 549 applications for discretionary leave to both adults and children. Of these, only 28 grants of discretionary leave were issued to child victims. This means children made up less than 0.6% of those granted discretionary leave as victims of modern slavery. Whilst we do not know how many of those recognised as victims and subject to some form of immigration control are children, comparing these figures with the numbers of potential victims exploited as children referred into the NRM [National Referral Mechanism] over the same four-year period provides some indication of how relatively few grants of discretionary leave were made. Of the 11,083 NRM referrals of potential child trafficking victims in the 2016-2019 period, 6,332 are EEA and third country national children and of these, 5,615 are third country national children. Based on the public data available of child referrals for EEA nationals, it is impossible to determine how many of these may be subject to immigration control.
"This data indicates that children are not being granted discretionary leave as victims of trafficking. Furthermore, in the small number of cases where discretionary leave is granted, the average length of grant suggests that decisions are not being taken with their best interests as a primary consideration as the leave provides minimal stability and no durable solution as set out in international law."
Patricia Durr said: "The data confirms what we know from our direct work with young people – that we have a system forcing victims of child trafficking to navigate very complex immigration procedures and leaving them effectively stranded as they turn 18."
ECPAT UK says a hostile immigration environment continues to prevent children from accessing the services and security they need.
The report notes: "Child victims of trafficking with irregular immigration status continue to face significant issues in their long term recovery from exploitation, particularly as they transition to adulthood. There are additional challenges for children who are unaccompanied or undocumented and in the care system, often struggling with navigating a hostile immigration system with little support. While for some children, return to their country of origin will be the right thing, for others, return poses a significant risk of retrafficking and further harm. For some children, after growing up in the UK, they may have no connection to their country of origin. Yet there is no grant of leave to remain in the UK provided specifically for child victims of trafficking."
Patricia Durr added: "It's hard to overstate how challenging immigration limbo is for young victims of trafficking - spending their teenage years anxious about their future, unable to recover from the trauma and abuse they have suffered, at high risk of going missing and being exploited again, and dreading their 18th birthday. Covid-19 has worsened these challenges as much of the support they rely on has fallen away and hostility toward migrants has increased.
"We urgently need an integrated process for child victims that sees them as children first, protects and cares for them and identifies what is in their best interests long term, and ensures everyone is working together to find a long term durable solution for them, including decisions on their immigration status. At the very least, the Home Secretary must follow her own guidance to consider the best interests of children as a primary consideration in decisions made by her department."
A Home Office spokesperson was quoted by the Guardian as responding to the report by saying: "The government is determined to end the abhorrent exploitation of children and young people and to tackle the criminal gangs that put them at risk. In the year to August 2020, 65% of confirmed victims of modern slavery who were considered for discretionary leave to remain were granted it, or already had or were granted a higher form of leave."