The UN protocol to Prevent, Suppress and Punish Trafficking in persons sets out that in Article 3 the definition of a “trafficked person” and makes clear that in respect of children, i.e. those under 18, that the “recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation” equates to trafficking even where there is no evidence of coercion, abduction or deception. The victims consent is always irrelevant. The IND should notify a local authority whenever a child enters the UK unaccompanied or with a person whom is not their parent where it appears to be a private fostering arrangement. In these instances the local authority has specific duties to the child as set out above. However children who may have been subject to trafficking are likely to come to the attention of local authority social services department through a variety of ways and it is important that frontline services bear this in mind to ensure they are suitably protected.
Where the child is abandoned, or it appears that there is no one in the UK with parental responsibility local authorities should provide services under s20 of the Children Act 1989. However, where a local authority is concerned that the child may be at risk of significant harm then the correct course of action would be to initiate proceeding under s31 of the Children Act 1989. There is no bar on initiating proceedings under s31 in respect of those in the UK illegally, however it is worth noting that any order under s31 of the Children Act 1989 will not deprive the IND of their powers to remove a child from the UK and the Courts have refused to make such orders where it appeared the application was made to avoid immigration rules. Local Authorities will need to consider how best to protect children in their care whom they suspect were subject to trafficking, in particular they will need to consider whether contact with relatives in the UK is in the child’s interests. They will also need to give consideration to tracing the child’s parents or relatives and whether repatriation of the child is possible. In this regard the IND has issued guidance setting out that decision regarding the child’s future should be left in the hands of social services departments who are “best placed to act in the child’s best interests” and that they will have regard to any representations made by the local authority.