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Theresa May urged to introduce legal guardians for child trafficking victims Theresa May urged to introduce legal guardians for child trafficking victims
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Theresa May will fail the victims of the "vile" practice of child trafficking if she declines to establish a nationwide system of legal guardians to monitor the domestic victims of the global crime, the shadow home secretary, Yvette Cooper, has warned.Theresa May will fail the victims of the "vile" practice of child trafficking if she declines to establish a nationwide system of legal guardians to monitor the domestic victims of the global crime, the shadow home secretary, Yvette Cooper, has warned.
As Britain's leading children's charities launch a last-ditch bid to persuade May to appoint the guardians, Cooper said in a Guardian interview that a "naive approach" meant the state was repeatedly failing trafficked children and turning a blind eye to their plight.As Britain's leading children's charities launch a last-ditch bid to persuade May to appoint the guardians, Cooper said in a Guardian interview that a "naive approach" meant the state was repeatedly failing trafficked children and turning a blind eye to their plight.
Cooper spoke as the heads of 16 charities from the Refugee Children's Consortium called on the home secretary to pay particular attention to child victims of trafficking when she publishes a draft modern slavery bill on Monday. In a letter to the Guardian, the Children's Society chief executive, Matthew Reed, the NSPCC chief executive, Peter Wanless, and bosses of 14 other charities welcomed some measures in the bill. They include an increase in the maximum term for trafficking to life imprisonment, and the establishment of an anti-slavery commissioner to oversee the issue and to ensure there are more prosecutions of "modern-day slave drivers".Cooper spoke as the heads of 16 charities from the Refugee Children's Consortium called on the home secretary to pay particular attention to child victims of trafficking when she publishes a draft modern slavery bill on Monday. In a letter to the Guardian, the Children's Society chief executive, Matthew Reed, the NSPCC chief executive, Peter Wanless, and bosses of 14 other charities welcomed some measures in the bill. They include an increase in the maximum term for trafficking to life imprisonment, and the establishment of an anti-slavery commissioner to oversee the issue and to ensure there are more prosecutions of "modern-day slave drivers".
But the charity leaders called for special guardians to be established across the country – a key recommendation of a European directive on trafficking – to take legal responsibility for trafficked children. The letter says: "These incredibly vulnerable children have been subjected to a range of horrific abuse, including domestic servitude and sexual exploitation … Despite their need, they don't have one person who is legally responsible for all aspects of their life. There is no one to speak up for them or to make sure their best interests are at the heart of decisions made about them. As a result, they are put at risk of going missing from care, of abuse and exploitation."But the charity leaders called for special guardians to be established across the country – a key recommendation of a European directive on trafficking – to take legal responsibility for trafficked children. The letter says: "These incredibly vulnerable children have been subjected to a range of horrific abuse, including domestic servitude and sexual exploitation … Despite their need, they don't have one person who is legally responsible for all aspects of their life. There is no one to speak up for them or to make sure their best interests are at the heart of decisions made about them. As a result, they are put at risk of going missing from care, of abuse and exploitation."
James Brokenshire, the security minister, indicated that the government would listen to the campaigners. He told the Guardian: "The home secretary and I have made clear our personal commitment to stamping out modern slavery. And the best way to both protect and reduce the number of victims, including children, is to disrupt, convict and imprison the organised criminal gangs that lie behind the majority of trafficking. The Modern Slavery Bill will send the clearest possible message: if you are involved in this disgusting trade in human beings, you will be arrested, you will prosecuted and you will be locked up.
"We will be carefully considering issues raised in the pre-legislative scrutiny to see what we can take forward, either through this bill or through our wider, longer term response to slavery. We continue to work with the Department for Education on the best way to support and safeguard child victims and protect them from this appalling evil."
A report by the Commons home affairs select committee found that two-thirds of victims of child trafficking who go into care eventually go missing. The UK Human Trafficking Centre identified 2,255 victims of trafficking in 2012, of whom 549 were children. The Child Exploitation and Online Protection Centre estimates 300 children have gone missing from care and back into trafficking.A report by the Commons home affairs select committee found that two-thirds of victims of child trafficking who go into care eventually go missing. The UK Human Trafficking Centre identified 2,255 victims of trafficking in 2012, of whom 549 were children. The Child Exploitation and Online Protection Centre estimates 300 children have gone missing from care and back into trafficking.
Cooper warned of a "naivety about the risks" to children, with local authorities often not appreciating that young victims of trafficking often maintain links with the person who brought them to the UK because they may speak the same language. A guardian with legal responsibility for the child would understand the dangers.Cooper warned of a "naivety about the risks" to children, with local authorities often not appreciating that young victims of trafficking often maintain links with the person who brought them to the UK because they may speak the same language. A guardian with legal responsibility for the child would understand the dangers.
She said: "Trafficking is already a horrible crime. It is even more vile when it involves children and yet the child victims are being abused twice. They are being failed by a system that is supposed to rescue them and to protect them. So even when they get rescued or even when they call out for help they are still being let down because they disappear again.She said: "Trafficking is already a horrible crime. It is even more vile when it involves children and yet the child victims are being abused twice. They are being failed by a system that is supposed to rescue them and to protect them. So even when they get rescued or even when they call out for help they are still being let down because they disappear again.
"Children who are being failed once are now being failed a second time by the state. As a result the state and the agencies are turning a blind eye to trafficking because they can't see it – they are not seeing the consequences, that they have a duty to protect people and to protect children from repeated trafficking and repeated abuse. That is why I think you need the additional legal role in this process for the guardians.""Children who are being failed once are now being failed a second time by the state. As a result the state and the agencies are turning a blind eye to trafficking because they can't see it – they are not seeing the consequences, that they have a duty to protect people and to protect children from repeated trafficking and repeated abuse. That is why I think you need the additional legal role in this process for the guardians."
Labour, which will amend the bill to introduce the legal guardians if the home secretary refuses to change her mind, is confident it will eventually succeed. A recent amendment to the children and families bill, which would have introduced the guardians, was only defeated by 15 votes in the Lords.Labour, which will amend the bill to introduce the legal guardians if the home secretary refuses to change her mind, is confident it will eventually succeed. A recent amendment to the children and families bill, which would have introduced the guardians, was only defeated by 15 votes in the Lords.
Chloe Setter, of the ECPAT UK charity, said: "The modern slavery bill provides us all with a real opportunity to ensure that child trafficking is given the focus and resources that its victims deserve and prevent trafficking of children in the future. It is crucial that victim protection is at the heart of the new bill and that the legislation reflects the specific needs of the world's most vulnerable children. If the home secretary wants to make a real difference to trafficked children and prevent this evil crime, she will listen to these recommendations and the needs of children who have been ruthlessly exploited."Chloe Setter, of the ECPAT UK charity, said: "The modern slavery bill provides us all with a real opportunity to ensure that child trafficking is given the focus and resources that its victims deserve and prevent trafficking of children in the future. It is crucial that victim protection is at the heart of the new bill and that the legislation reflects the specific needs of the world's most vulnerable children. If the home secretary wants to make a real difference to trafficked children and prevent this evil crime, she will listen to these recommendations and the needs of children who have been ruthlessly exploited."
Cooper also urged May to carry out an urgent review of the six-month domestic visitor visa, which was changed last year to tie a domestic worker to the employer who brought them to the UK. The Kalayaan charity said the proportion of such workers unable to leave their workplace unsupervised had risen from 59% to 96% since the changes were introduced in April 2012.Cooper also urged May to carry out an urgent review of the six-month domestic visitor visa, which was changed last year to tie a domestic worker to the employer who brought them to the UK. The Kalayaan charity said the proportion of such workers unable to leave their workplace unsupervised had risen from 59% to 96% since the changes were introduced in April 2012.
Fiona Mactaggart, the Labour former Home Office minister who is chair of the all-party parliamentary group on trafficking, warned that Britain was colluding in bonded working. Mactaggart said: "The change in the domestic worker visa means that a domestic worker who comes on the new visa is bonded to an employer and has no independent employment rights at all. It is tolerating employment practices that we wouldn't tolerate for any other group in Britain."Fiona Mactaggart, the Labour former Home Office minister who is chair of the all-party parliamentary group on trafficking, warned that Britain was colluding in bonded working. Mactaggart said: "The change in the domestic worker visa means that a domestic worker who comes on the new visa is bonded to an employer and has no independent employment rights at all. It is tolerating employment practices that we wouldn't tolerate for any other group in Britain."
Cooper balanced her criticism of May by welcoming reforms in the bill. "It is exactly right to have increased sentences. It is also right to make it, as we understand it, easier to prosecute by simplifying the law. Measures that will increase prosecution, measures that will have tougher penalties, measures that will mean that you can take stronger action against trafficking are absolutely the right thing to do."Cooper balanced her criticism of May by welcoming reforms in the bill. "It is exactly right to have increased sentences. It is also right to make it, as we understand it, easier to prosecute by simplifying the law. Measures that will increase prosecution, measures that will have tougher penalties, measures that will mean that you can take stronger action against trafficking are absolutely the right thing to do."
A Home Office spokesperson said: "We changed the rules to return the route to its original purpose – a temporary route to allow domestic workers to accompany their existing overseas employers for up to six months on a short term visit to the UK. Rather than increase the risk of abuse, the measure was designed to stop abusive relationships between employers and their domestic workers being imported into the UK. Employers must prove they have a positive relationship with their member of staff, and any person known to have previously abused a worker will not able to bring employees to the UK. Overseas domestic workers now have access to protections under UK employment laws, and on applying for their visa are given a leaflet outlining what help they are entitled to."
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