Law Centre (NI) Information Briefing March New working arrangements for adult victims of trafficking in Northern Ireland.

Transcription

1 Law Centre (NI) Information Briefing March 2013 HUMAN TRAFFICKING New working arrangements for adult victims of trafficking in Northern Ireland. At a glance This briefing summarises and analyses provisions included in the new guidance for working with victims of adult trafficking in Northern Ireland, published by Department of Justice in October 2012.

2 Introduction In October 2012, the Department of Justice (DOJ) and the Department of Health, Social Services and Public Safety (DHSSPS) issued new guidance on working arrangements for the welfare and protection of adult victims of human trafficking 1. The guidance replaces the Pentameter 2 2 Protocol issued in It is intended to be used in conjunction with existing legislation, policy and guidance, including the guidance issued in respect of the welfare and safeguarding of child victims in Northern Ireland, which was published in February Essentially the guidance is aimed at front line staff likely to come into contact with victims in both the Police Service for Northern Ireland (PSNI) and Health and Social Care (HSC) trusts. The guidance is also a useful signpost for practitioners and other agencies working with victims of trafficking as it sets out the working arrangements in place to make sure that all adult victims are supported and protected when identified in Northern Ireland. What is included in the guidance? The guidance identifies the PSNI as playing a key role in combating trafficking by identifying victims. The HSC role involves primarily the recovery, support and rehabilitation of those victims. In the National Referral Mechanism (NRM) 4, both the PSNI and social services are first responders 5 and can refer victims to the NRM. The box on page 3 sets out the NRM process. The guidance provides an overview of the international instruments on human trafficking, including a helpful initial glossary of the terminology used in the NRM process and a flowchart adapted from the Organised Crime Task Force (2010) 6. There is a comprehensive and detailed list of useful sources of information at the end of the document, with Appendices that include the United Nations human trafficking indicators, contact details for the competent authorities in Northern Ireland, a sample NRM referral form, full details of all organisations providing accommodation and support for adult victims, PSNI contacts, HSC contacts, GUM/sexual clinics contacts and links to other related sites. This information provides essential support and key contacts for practitioners, agencies and service providers who are working with victims recovered in Northern Ireland. The main body of the guidance is divided into separate sections outlining what should happen in Northern Ireland if someone comes into contact with adults who they believe may be showing indicators that they have been trafficked into or within the UK. There is guidance on the importance of early identification of victims and an entire section 7 on the NRM, including the two stage decision making process. In addition, there is helpful practical information, including a section on the support provisions that should be made available for recovered victims and on the respective roles of the PSNI and HSC. Page 2

3 NATIONAL REFERRAL MECHANISM (NRM) - implemented April 2009 The NRM is a framework for identifying victims of human trafficking and ensuring they receive the appropriate protection and support. All potential victims of trafficking must first be referred to the UK Human Trafficking Centre (UKHTC) who will then pass to one of the UK s two competent authorities (CAs) who will make the decision whether or not the individual referred is to be recognised as a victim. In the UK the two CAs are: The UK Human Trafficking Centre (UKHTC) The UK Border Agency (UKBA) The initial referral can only be made by an authorised agency. The referring authority is known as the first responder (FR). FR agencies include the Serious organised Crime Agency (SOCA), UKBA, POPPY Project (England), TARA Project (Scotland), Migrant Help, Salvation Army, Gangmasters Licensing Authority, PSNI, NSPCC/CTAIL, Barnardo s and HSC trusts. Referral to the NRM for adult victims is voluntary and can happen only if the potential victim gives permission by signing the referral form. Once referred to the NRM the procedure involves a two stage decision process: Stage one Reasonable Grounds (RG) There is a target date of five working days from receipt of referral in which the CA will decide whether there are reasonable grounds to believe the individual is a potential victim of human trafficking. If there is a positive RG decision then the victim will be provided with accommodation and access to specialist support services during a 45 day recovery and reflection period. Stage two Conclusive Decision (CD) During the recovery and reflection period the CA gathers further information relating to the referral from the FR and other agencies. This additional information is used to make a CD on whether the referred person is a victim of human trafficking. The threshold for a CD is that on the balance of probability it is more likely than not that the individual is a victim of human trafficking. If the CD is positive there are a number of different outcomes: Co-operating with police enquiries If the victim is a foreign national,s/he may be granted discretionary leave to remain (DL) in the UK for one year to allow her/him to co-operate fully in any police investigation and subsequent prosecution. The period of DL can be extended if required. Other circumstances If a victim of trafficking is a foreign national but is not involved in the criminal justice process, the CA may consider a grant of DL dependent on the victim s personal circumstances. Returning home Victims can still be recognised as a victim of human trafficking but not be granted any DL. If they are from outside the European Economic Area (EEA), they can receive help and financial assistance to return home through the UKBA Assisted Voluntary Return of Irregular Migrants (AVRIM) process. Those who are EEA nationals will be put in touch with their embassy and any relevant NGOs who may be able to help. Victims who are British/Irish nationals will not require any grant of leave but may still be recognised as a victim of human trafficking. If the CA issues a negative RG/CD decision there is no right of appeal. The only challenge to a negative decision is an application to the High Court for judicial review. Page 3

4 A more comprehensive response Prior to October 2012, once identified and referred to the NRM, victims were provided with a 45 day recovery and reflection period 8, in secure accommodation 9 with access to specialist support services when appropriate. These specialist support services such as access to healthcare, GUM clinics or trauma counselling were available via referrals which were usually made in Northern Ireland by key workers in Migrant Help or Women s Aid. These arrangements complied with the minimum required under the Trafficking Convention 10. Social Services were generally not engaged in the NRM process except when it involved child victims who were placed in their care once identified by front line staff. In practice accessing specialist support services for victims has been ad hoc and inconsistent. Many victims are not ready to engage with specialists so soon after escaping from their traffickers and while they are in a period of reflection and recovery. In addition, some victims need more comprehensive and long term support. Prior to this guidance there was no real clarity about who should provide this once a victim received a positive conclusive decision 11 from the competent authority. The new guidance should facilitate a more comprehensive response to human trafficking in Northern Ireland in the treatment of recovered victims who have been subject to exploitation. The engagement of social services alongside current support provision in the NRM should enable a fuller assessment of victim s needs and make sure that they are supported in both the short and longer term. In brief, the guidance: signals the importance of early referral 12 confirms that the PSNI will be the lead agency for completion of the referral form but any first responder 13 can refer a suspected victim of trafficking to the NRM recognises that adult victims of trafficking are vulnerable adults 14 gives practical tips and good practice guidance for staff when working with victims including the importance of the use of independent interpreters stresses the need for support planning in each individual case including ongoing risk assessment and management to ensure that victims can access the full range of health and social care services cautions about the need to use trained staff when collecting evidence from a victim, as well as the need for sensitivity in these types of situations. advises about some limitations around confidentiality where risks of serious harm exist - for example, front line staff cannot not guarantee confidentiality to a victim if there is a risk that there may be serious injury to the victim or others, in terms of self harm or child protection issues stresses the need to avoid re-traumatisation of the victim highlights the importance of obtaining independent and specialist legal advice at the earliest opportunity Page 4

5 recommends that service providers liaise with the victim s legal advisers in gathering information and making representations to the UKBA suggests victims should be accompanied by a solicitor at police interviews. clarifies new developments in contact and liaison arrangements between the PSNI and the HSC Trusts including the appointment of designated Human Trafficking Officers 15. indicates that the HSC trusts have a role in the provision of support but the degree of support and care they may provide is discretionary. emphasizes that all HSC Staff and particularly those engaged in adult protection work and Out-of-Hours Teams should be familiar with the indicators of human trafficking. Recognises that Social Services may play a limited role in the initial support and rehabilitation of victims in the early stages given that other service providers are in place 16. Analysis The guidance lacks clarity on a number of points. Once a victim is identified and referred to the NRM process, exactly how and when social services should become involved with a recovered victim is not actually specified. There is no detail on the type of support services and care they should be providing to victims. While the guidance suggests social services should be engaged early on in the NRM process, this may lead to confusion or overlap with the roles of other key service providers under the service provision contracts between the Department of Justice, Migrant Help and Women s Aid. For example, how will referrals of victims for specialist services operate in practice? Should it be the key worker at Women s Aid or the social worker? What protocols exist between these service providers and social services? It is disappointingly brief on the role social services will play in cases involving trafficked adults following a conclusive decision. The guidance does not set out specific obligations of social services and their involvement is not compulsory. It fails to address or refer to those victims who have been trafficked internally including British/Irish nationals. The fact that this is omitted is worrying as it suggests that there is a lack of awareness or knowledge of this form of exploitation. It does not clarify the position for victims with no immigration status in the UK who are either awaiting an initial NRM decision from UKBA or are challenging a negative NRM decision through the courts. These victims will have ongoing needs and there is no guidance for statutory professionals in these circumstances. The document states rather simplistically that in these situations normal immigration procedures will apply and victims should be referred to specialist immigration advice 17. It does little to clarify the often erroneous assumption that if the authorities accept that someone has been trafficked into or within the UK, s/he will automatically be granted Discretionary Leave to Remain in the UK (DL). For example, a historical victim Page 5

6 is a person whose trafficking experience happened some time ago. Although recognised as a victim, a historical victim is unlikely to be granted DL as the PSNI will not necessarily seek to bring that case to court. Whilst there is provision in the NRM to grant this person DL owing to their personal situation, 18 so far the majority of victims who have been granted DL have been co-operating with the PSNI in criminal investigations or trials. In these cases, a report from social services setting out the victim s personal circumstances, identifying her/him as a vulnerable person and highlighting the support s/he has received and continues to require could be fundamental to a decision by the UKBA to grant DL on the alternative available ground that her/his stay is necessary owing to their personal situation. At the launch of the guidance, an assurance was given that the PSNI, in partnership with local health trusts, would be developing a regional training strategy for all staff across the professional disciplines and agencies involved in this area of work. However, no details are provided about the training that social services will be required to take to ensure that they are familiar with human trafficking indicators. This roll-out of training to all staff likely to come into contact with individuals who have been exploited is essential to raise awareness of these arrangements. Conclusion There can be no doubt that this guidance signals a further commitment by the Northern Ireland devolved administration to its determination to address human trafficking and its publication should be welcomed for that reason. Aside from the difficulties outlined above, there are a number of very positive aspects in the guidance that help clarify best practice, how the NRM works, the need for ongoing risk assessment and the appropriate care and support that victims should receive, albeit not necessarily from social services. In addition the guidance announces a new specialist centre for victims of sexual assault, due to open in Northern Ireland at Antrim Area Hospital by March This new Sexual Assault Referral Centre (SARC) will provide services to children and adults, including those who have been trafficked for sexual exploitation. While it is accepted that the guidance gives a very comprehensive summary of the NRM process along with essential resources and contact details as set out above, it is very brief on any detail about how social services, in particular, can assist in the welfare and protection of adult victims of human exploitation recovered here. Page 6

7 Notes 1. The Working Arrangements for the Welfare and Protection of Adult Victims of Human Trafficking can be found at 2. Pentameter 2 was a co-ordinated and multi-agency anti-trafficking campaign in 2007 throughout the UK and Ireland 3. See Working Arrangements for the Welfare and Safeguarding of Child Victims of Human Trafficking. It can be found at safeguarding_of_child_victims_of_human_trafficking.pdf. Complaints have been made about the current lack of awareness of some key frontline staff in relation to the arrangements set out for children in the 2007 guidance. This can result in a failure to identify victims and provide the full range of support services that victims need and are entitled to. 4. The NRM process was set up in April 2009 following ratification of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (the Trafficking Convention) by the UK Government on 17 December The NRM provides the formal procedures for identification and protection of both adult and child victims in the UK. 5. First Responders are the designated agencies in the NRM whose staff members can provide referrals into the scheme. A full list is provided on the Serious Organised Crime Agency (SOCA) website. Referrals be made within 48 hours of identification. To date social services have not referred any adult to the NRM. 6. See page 17 - However the chart could be interpreted as incorrect as it fails to clearly explain the availability of a grant of Residence Permit to victims due to their personal situation (set out in article 14 of the 2005 Trafficking Convention). 7. See chapter Victims are granted a 45 day reflection period when there are grounds to suspect they may have been trafficked (a reasonable grounds decision). This period is to give victims time to recover and consider whether or not they want to co-operate with the authorities in any criminal investigation into trafficking. 9. Female victims are accommodated by Women s Aid and male victims by Migrant Help. 10. See Articles 12 & 13 of the Trafficking Convention. 11. Victims go through a two stage decision process in the NRM. The UKHTC is the competent authority to make decisions in the NRM unless there is an immigration status element, in which case it will be the UK Border Agency (UKBA). The target timeframes in the NRM are guides and can be varied or waived in individual cases. 12. See section ibid Within the context of Safeguarding Vulnerable Adults - Regional Adult Protection Policy and Procedural Guidance and the associated Protocol for Joint Investigation of Alleged and Suspected Cases of Abuse of Vulnerable Adults. 15. see appendix 6- this indicates positive moves forward in joint working including the provision of possible strategy meetings between the police and social services in planned PSNI operations 16. Women s Aid and Migrant Help will likely be involved soon after identification 17. A victim may also have a parallel asylum/other immigration application that remains pending. 18. See Article 14 (1) (a) of the 2005 Trafficking Convention. Page 7

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