Trafficking and Unaccompanied Minors Protocol

Transcription

1 Trafficking and Unaccompanied Minors Protocol

2 1. Introduction The purpose of this protocol is to define the role of Northumbria Police, the United Kingdom Borders Agency (UKBA), and the six Local Authorities (LA) and to agree a formal process when dealing with minors, (and adults claiming to be children) arriving unaccompanied in the United Kingdom (UK). The aim is to ensure that by having a formal protocol in place, there is a corporate, consistent and effective response when dealing with unaccompanied minors. Thus reducing the risk of serious harm being caused to children and the significant burden to Police in investigating missing person reports. 2. Background The 2010 Strategic Threat Assessment Child Trafficking in the UK reports that a total of 287 children from 47 countries were identified as potential victims of trafficking. Entry into the UK is via three main mechanisms, Airport, Seaport and by land routes. As checks have improved in larger ports of entry, traffickers are now using smaller ports and regional airports. The threat assessment states that there is evidence that children are trafficked via numerous transit countries, throughout the journey to the UK, they may have been subject to violence or sexual exploitation. On entry to the UK, the UKBA are powerless to deport unaccompanied minors, as they are duty bound to accept the child/person claiming to be a child and thereafter place in LA care. The Home Office and DSCF have produced joint guidance on Safeguarding children who may have been trafficked. The guidance states that a child maybe briefed by the trafficker/facilitator to make contact with the LA so that their immediate welfare needs are met and a care placement arranged. Then, once this has been accomplished, the child is briefed to leave the placement and meet with the facilitator. Northumbria Police have experienced a significant burden in respect of unaccompanied minors arriving in the UK, then disappearing shortly after their arrival. The LA report a child missing to Police, if they leave their care/placement and their whereabouts are unknown. Police Officers are then given the responsibility of completing missing from home reports, the associated protracted enquiries and investigations involved with the report, without the realistic prospect of locating the child. 3. Classifications Unaccompanied Children The Home Office and DSCF guidance, refer to an unaccompanied child as, a child who has arrived into the country unaccompanied, with no apparent plans to travel to the customary carer. There may also be concerns over the legitimacy/suitability of a child s arrangements in the UK, or the child may not Restricted 2

3 be in possession of appropriate travel documentation. If this is the case, they will be referred to the care of the Local Authority. The guidance also states that some children arrive in the UK with instructions from their traffickers to avoid contact with the Local Authorities (LA). However, the majority of traffickers direct the child to the LA, with the direction to apply for asylum. This effectively gives the child a legitimate right of temporary leave to remain in the UK. Accompanied Children The Home Office and DSCF guidance, refer to an accompanied child as a child who has arrived in the UK accompanied by adults who are either not related to them or there are circumstances that raise child protection concerns. The child maybe unable to prove they are related to, or, give any evidence of a pre existing relationship with that adult. They may not be able to supply evidence of suitable accommodation or any parental permission for the child to have travelled to the UK or to stay with the accompanying adult. Adults claiming to be children The UKBA report that a number of adults enter the UK claiming to be children. They are aware that by purporting to be children their entry to the UK will be guaranteed because of the obligations placed upon border officials. In order to do this they dispose of any documentation that would otherwise identify them. Once placed in the care of the LA, having secured accommodation, they then subsequently go missing. Wanted When a person in one of the categories above has entered the UK claiming asylum, the claimant is passed into the care of Social Services, whilst the asylum claim is investigated by UKBA. If the claimant goes missing from the LA placement within a short time of the investigation being initiated, it is the view of the UKBA that these persons maybe regarded as individuals wanted for immigration offences namely: Immigration entry without leave (HOC 194/02) Section 24(1) (a) of the Immigration act 1971 Missing from home The Association of Chief Police Officers (ACPO), definition of a missing person is: Anyone whose whereabouts is unknown, whatever the circumstances of the disappearance. They will be considered missing until located and their well being or otherwise is established. Restricted 3

4 4. National Referral Mechanism (NRM) The NRM was launched in 2009, as a central process to assist in the identification and protection of victims of trafficking. The aim is to raise levels of awareness and promulgate good practice across the UK in order to help safeguard trafficked children. The first agency to come into contact with a suspected victim of trafficking must complete an NRM form and there is a form for children as well as adults. NRM Procedure: Adult forms - require consent from the adult for the information to be collected and faxed to The United Kingdom Human Trafficking Centre (UKHTC) Fax Child forms are to be ed to nrm@ukhtc.pnn.policuk In the Northumbria Force area, copies of the forms are to be ed to FIID Intelligence mailbox or faxed to FIID, Crime Department, Roles and Responsibilities 5.1 United Kingdom Borders Agency (UKBA) On arrival at UKBA passport control, an unaccompanied minor or suspected trafficked child will come to the attention of the authorities (UKBA) if they present without documentation, false documents, are travelling unaccompanied or do not have a responsible adult to collect them. In these circumstances the UKBA will follow the relevant procedure: Airport Procedure (Newcastle) The UKBA will: Contact the Northumbria Police switchboard and request: Special Branch/Airport based Police Officers (if the call is made inside normal office hours) or the relevant Duty Inspector (if the call is made outside normal office hours). Inform Newcastle Upon Tyne Children s Services. Communicate by use of language line if this is considered appropriate. Check fingerprints and details against immigration Live Scan. Take fingerprints, (the consent of an appropriate adult is required for 5 16 year olds). Restricted 4

5 Obtain a photograph. Seize and retain any travel documentation. Conduct an informal interview. Complete relevant documentation (UKBA referral form ASL.2558). Create a file. Complete the NRM procedure if first agency having contact. Seaport Procedure (North Shields) The UKBA will: Contact the Northumbria Police switchboard and request: Special Branch/Airport based Police Officers (if the call is made inside normal office hours) or the relevant Duty Inspector (if the call is made outside normal office hours). Inform North Tyneside Children s Services. Communicate by use of language line if this is considered appropriate. Check fingerprints and details against immigration Live Scan. Take fingerprints (the consent of an appropriate adult is required for 5 16 year olds). Obtain a photograph. Seize and retain any travel documentation. Conduct an informal interview. Complete relevant documentation (UKBA referral form ASL.2558). Create a file. Complete the NRM procedure if they are the first agency having contact. Land Procedure Unaccompanied minors can turn up at the North Shields Immigration office or to Social Services or other agencies, having travelled to the location via road in a lorry, car or bus with an unknown person and then claim asylum or claim to be trafficked. Restricted 5

6 Such persons will be collected by an Immigration Enforcement Officer and taken to the immigration office at North Shields. On these occasions the UKBA will: Contact the Northumbria Police switchboard and request: Special Branch/Airport based Police Officers (if the call is made inside normal office hours) or the relevant Duty Inspector (if the call is made outside normal office hours). Inform Children s Services in the relevant Local Authority. Establish that Children s Services will act as appropriate adult (a formal interview will be necessary). Obtain a photograph. Check fingerprints and details against immigration systems. Take fingerprints (the consent of an appropriate adult is required for 5 16 year olds). Seize and retain any relevant documentation. Interview suspected trafficked victim in the presence of a legal representative. Arrange suitable accommodation via Social Services. Investigate any asylum claim whilst the suspected trafficked victim remains in the care of Children s Services. Create a file for the Home Office. Liaise with their Enforcement Immigration Department who will store the HO file whilst an investigation is conducted into any asylum claim. Complete the NRM procedure if first agency having contact. 5.2 Police On occasions an unaccompanied minor or suspected trafficked victim may come to the attention of the Police by presenting at a police station or coming to notice as part of a police operation, routine enquiries or they maybe notified by UKBA or Local Authority. The police will: Create an Incident Suspected trafficked victim, opening code Si. Consider arrest under S24 Immigration Act Restricted 6

7 Consider use of interpreter. Carry out PNC/CIS checks. Consider the use of police protection powers, complete Children and Young Persons, (CYP) 5 form Conduct a full search of the person and their property. Seize any mobile phones, SIM cards, relevant documentation Seize any appropriate documentation relating to UKBA, Social Services etc. Ensure any items seized are appropriately secured and entered into the property recording system. Transport the person to the nearest designated Police Station if not already at the relevant police station. Inform the relevant Public Protection Unit (PPU) Detective Inspector/Detective Sergeant. If out of hours Duty Inspector Liaise with Children s Services and UKBA. Inform the Human Trafficking, Single Point Of Contact (SPOC) Field Intelligence Officer, (FIO), Crime Department, Force Information and Intelligence Department (FIID). Conduct investigative interview Use an appropriate adult where necessary Children s Services Obtain a photograph, fingerprints and DNA Complete a Child Concern Notification (CCN) using the MU15 system, (the heading on the brief details screen must highlight Suspected Trafficked Victim ). Ensure all intelligence systems are correctly updated i.e. CIS Complete a de brief form for the United Kingdom Human Trafficking Centre (UKHTC). Complete intelligence Form A. Complete the NRM procedure if first agency having contact. 5.3 Local Authority Restricted 7

8 An unaccompanied minor or suspected trafficked victim may come to the attention of the LA by presenting themselves directly at a local office or, have been taken to the LA office from an entry port. The LA will: Liaise with UKBA and Northumbria Police, namely the PPU Detective Inspector during office hours. If out of hours the Duty Inspector, to establish details. Ensure 2 social workers are available to attend the relevant police station if necessary. Carry out an interview of the person concerning the social services agenda with an interpreter present. Provide/act as an appropriate adult if required for a police interview. Conduct a Merton assessment if age is in dispute (to be completed within 7 working days). Arrange accommodation If the child is suspected of being trafficked, ensure placement is in safe accommodation with suitably trained foster carers. Transport to the relevant accommodation. Advise the police of the placement of the person in order to ensure any safeguarding issues may be appropriately addressed. Put a support package in place. Conduct an initial assessment, core assessment, care and triple plan as appropriate. Ensure that carers are suitably advised re the safeguarding of the child, for example supervised minimal use of access to telephones and internet. Vigilance in relation to any visitors to the foster address, and the immediate report to Police if the child goes missing. 6. Trigger Plan In certain circumstances information may be received from social services or other relevant agency, which may raise suspicions of a potential crime in action. A suspected trafficked child is reported missing from the care of social services. Restricted 8

9 Sightings or information regarding suspicious individuals/vehicles in the vicinity of a Local Authority address where a suspected trafficked child is housed. Any change in the behaviour of a suspected trafficked child (accommodated by the Local Authority), which gives cause for concern. When a suspected trafficked child is reported missing from the care of Social Services, the following should be conducted: Ensure the duty Inspector is made aware Inform PPU CAIU DI/DS. Complete missing person report (partially completed reports should be held at accommodation) Circulate missing person locally Search room and missing person s belongings (looking in particular for any notes, mobile phones, description of any clothing missing from room etc.) Seize any relevant documentation Conduct house to house enquiries to establish details of any recent sightings of missing person or suspicious vehicles/persons Interview staff/carers at accommodation Interview staff/pupils schools/colleges linked to missing person Check local hospitals Notify other homes in area which are housing suspected at risk children Arrange for local transport buses/metros/railway/port/airports to be checked Circulate missing person i.e. UKBA, Special Branch and Airport officers Consider use of media Where a suspect vehicle/suspect person has been reported in the vicinity of LA placement where a trafficked child is accommodated. The following should be considered. Ensure the duty Inspector is made aware Restricted 9

10 Inform PPU CAIU DI/DS Intelligence research carried out on any descriptions/vehicle details Consider use of ANPR/PNC markers Notify other homes in area housing suspected at risk children Liaise with Social Services Consideration for plain clothes observations in area House to House enquiries to be conducted Consider use of media If there is a change in behaviour of a suspected trafficked child (accommodated by the Local Authority), which gives cause for concern, the following should be considered. The behaviour should be reported and directed accordingly following an assessment of the need for urgency connected with the information. Ensure the duty Detective Inspector or the Crime Cadre DI is made aware as appropriate. Ensure the relevant PPU DI / DS are aware. Liaise with Social Services. Consider plain clothes observations in area Consider any of the actions in the preceding two paragraphs which may be relevant in the circumstances. 7. Other information to consider Where any items seized contains information written in a foreign language, the use of an interpreter should be considered to assess the relevance of the documentation. Items seized should be treated as exhibits, correctly packaged and accompanied by a continuity statement. Where the suspected trafficked child is in possession of telephone details, consideration may be given to urgent telecoms enquiries. Restricted 10

11 Appendix A UKBA Airport Office (24 hours) Seaport Office (not manned use above Airport number) Land Immigration Office North Shields option (out of hours) Police Control Room to report incident Airport Police FIID FIID Intelligence mailbox Tel: Crime Intelligence Department Local Authority Social Services contacts years Sunderland South Tyneside Gateshead North Tyneside Newcastle Northumberland Social Services contacts under 16 years Sunderland South Tyneside Gateshead North Tyneside Newcastle Northumberland Restricted 11

12 National Referral Mechanism (NRM) Adult form fax to UKHTC fax: Child form to be ed to Restricted 12