Human Trafficking and Exploitation (Scotland) Act 2015 section 38: consultation analysis
This report provides an analysis of responses to our consultation on section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015 on the duty to notify and provide information about victims.
Analysis of Responses
Bodies to be named in Regulations
Question 1: Do you agree that these bodies should be named in Regulations under section 38(1) of the Act?
| Who | Yes | No | Total |
|---|---|---|---|
| All 32 Scottish Local Authorities (%) | 76 (97) | 2 (3) | 78 (100) |
| All 14 Scottish Geographical NHS Boards (%) | 73 (92.5) | 6 (7.5) | 79 (100) |
| NHS 24 (%) | 72 (93.5) | 5 (6.5) | 77 (100) |
| Scottish Ambulance Service (%) | 72 (93.5) | 5 (6.5) | 77 (100) |
| Scottish Fire and Rescue Service (%) | 73 (95) | 4 (5) | 77 (100) |
| Scottish Ministers for the purposes of including Marine Scotland (%) | 74 (96) | 3 (4) | 77 (100) |
| Scottish Ministers for the purposes of including Scottish Prison Service (%) | 74 (96) | 3 (4) | 77 (100) |
| Scottish Environment Protection Agency (SEPA) | 73 (96) | 3 (4) | 76 (100) |
The vast majority of responses expressed support for naming all the listed organisations in Regulations. At least 92.5% of respondents agreed that they should be named.
The Scottish Fire and Rescue Service agreed that they should be named in Regulations.
The Scottish Prison Service agreed that they should be named in Regulations.
The majority of victims and survivors agreed that it should be part of someone’s[9] job to share information if they have concerns about someone.
It is interesting to note that NHS Health Scotland did not agree that the 14 geographical NHS Boards should be named but agreed to the inclusion of NHS24 and the Scottish Ambulance Service. NHS Ayrshire and Arran did not agree that the NHS Boards, NHS24 or the Scottish Ambulance Service should be named.
JustRight Scotland and the Anti-Trafficking Monitoring Group agreed that Local Authorities should be made subject to the duty but disagreed with all other options.
One individual disagreed with any of the bodies being named in regulations.
Question 2: Do you agree that those listed below should be encouraged to submit voluntary notifications?
| Who | Yes | No | Total |
|---|---|---|---|
| Dental Practice Staff (%) | 74 (96) | 3 (4) | 77 (100) |
| Community Pharmacists (%) | 74 (96) | 3 (4) | 77 (100) |
| General Practice Staff (%) | 75 (96) | 3 (4) | 78 (100) |
The vast majority of responses expressed support for General Practice staff, Community Pharmacists and Dental Practice staff being encouraged to comply with the duty voluntarily. At least 96% of respondents agreed that they should be encouraged to submit voluntary notifications.
Community Pharmacy Scotland agreed that Community Pharmacists should be encouraged to submit voluntary notifications.
The General Pharmaceutical Council welcomed proposals to encourage voluntary notifications from Community Pharmacists and their staff.
NHS Health Scotland agreed that this group of professionals should be encouraged to submit voluntary notifications.
The majority of responses received from the Scottish Government Primary Care Leads Network agreed that General Practitioners and their staff should be encouraged to submit voluntary notifications.
The vast majority of victims and survivors agreed that this group of professionals should be encouraged to share information with the Police.
Less than a quarter of victims and survivors said it would have stopped them talking to these people or seeking help if they knew their information was going to be passed to the Police.
It is interesting to note that it was two individuals and NHS Ayrshire and Arran that did not agree that these groups of professionals should be encouraged to notify voluntarily.
Question 3: Are there any other Scottish public authorities that you think should be subject to the Duty to Notify? Yes/No
| Yes | No | Total | |
|---|---|---|---|
| Other Scottish public authorities (%) | 42(61) | 27(39) | 69(100) |
Around two thirds of respondents believed there are other bodies who should be named in Regulations.
Around two thirds of victims and survivors believed there are other people who should share information with the Police.
A high number of organisations, charities and other bodies were suggested in response to question 3. These can be split into 6 different categories as noted below. A fuller list of suggestions can be found at Annex 5. The majority of these are not Scottish public authorities and therefore cannot be named in Regulations.
- Education;
- Health and Care Professionals;
- Justice;
- NGO and Third Sector;
- Other; and
- UK Bodies
It is interesting to note the most common[10] suggestions related to teaching staff in schools, colleges and universities, any authority associated with the farming and forestry industry and the housing sector including housing associations, private and social landlords and Airbnb.
When victims and survivors were asked if there was anyone else that should pass information on to the Police if they are concerned about the situation someone is in their questionnaire responses included the following responses:
- Border Force and Home Office staff;
- Everyone including neighbours and community groups;
- Professionals such as psychiatrists, social workers and charity workers; and
- Receptionist in brothel and the men that bought me
When survivors met with the Cabinet Secretary for Justice they were clear that raising awareness of spotting the signs of human trafficking and exploitation in education was important. Survivors also believed that housing is a sector where more could be done to raise awareness and share information.
Key Themes
Although the majority of responses expressed support with Scottish Government proposals in questions 1 to 3 some respondents used the opportunity to provide additional comments whether they were in support of Scottish Government proposals or not.
A risk that victims may not seek access to health care support and treatment if they know their details may be passed to the Police
Some respondents believed that placing a legal duty on Scottish public authorities, particularly the NHS & health services, places a risk that potential victims may not seek medical care and treatment or engage with health professionals if they know their details will be passed onto the Police. Some respondents argued that victims need a safe place to seek medical help without the fear of information being shared.
In contrast, when victims and survivors were asked if it would have stopped them seeking help from medical staff if they knew anonymous information was going to be passed to the Police two thirds responded no. Of those that said yes, some provided further comments by saying that if they had realised the reality of the situation at the time they would happily have involved the police.
A risk of duplication of referrals due to the potential number of interactions a victim may have with named bodies
Some respondents were concerned that with numerous access points to the NHS, close working between health and social care staff in Local Authorities and the contracted services within the prison estate there may be the opportunity for duplication of referrals. This links to concerns raised throughout consultation responses about who is responsible for completing a referral when there are interactions with different organisations who are all subject to the legal duty. It is also linked to the concern that referrals take time and may put more pressure on existing services.
Responses from the Scottish Government Primary Care Leads Network also identified time as a barrier to General Practitioners and their staff submitting voluntary referrals as if it took too long this may discourage compliance.
A risk that anonymity may be compromised outwith larger towns and cities
Some respondents believed that victim anonymity could be at risk in smaller, rural communities by sharing their information and/or using an identifier to manage referrals in house. Some respondents believed that only anonymous information should be shared as if use of that information results in enforcement action this could effectively deter a victim from seeking help.
In contrast responses from victims and survivors were fully supportive of information relating to the location where they were found being shared with the Police.
A need for clear links with other processes such as the NRM, child, and adult protection
Some responses referenced the close link between the NRM and the legal duty under section 38 of the Act and that the processes for both will need to be clear. Other responses made links with child and adult protection procedures and legislation in force in Scotland and that the legal duty would need to work alongside these established processes.
Two respondents answered yes to Local Authorities being named and no to all other bodies on the basis that in terms of the National Referral Mechanism[11] (NRM) it is only Local Authorities in Scotland who are a First Responder and based in Scotland from the list of bodies suggested at Q1. One other respondent used this argument when answering no to the NHS Boards, NHS24 and the Scottish Ambulance Service being named as they are not NRM First Responders but this respondent was in support of the other bodies listed being named.
A need for clear definitions of trafficking and exploitation types
Some respondents suggested a need for clear definitions to allow front line staff to identify victims. Responses from the Scottish Government Primary Care Leads Network identified the need to educate and train staff as a potential barrier to submitting voluntary notifications due to the time required for this.
The Cabinet Secretary for Justice heard directly from survivors of sexual exploitation and Female Genital Mutilation. For them training for health care workers on spotting the signs and to treat the person as a whole and not just the immediate injury or health need may help health visitors and midwives to identify victims.
Respondent Quote:
“The advantage of naming the organisations upon whom there should be a duty to report is clarity, which we welcome in connection with the operation of the trafficking legislation.” (Law Society of Scotland)
Respondent Quote:
“We are clear in our guidance that doctors must disclose information when the circumstances merit their disclosure. However, we do caution that there may exist a risk on boards that vulnerable people are discouraged or forbidden by those exerting control over them from engaging with healthcare services.” (General Medical Council)
Respondent Quote:
“We support the inclusion of several bodies in Regulations which employ our registrants, including local authorities, NHS Boards and the Scottish Ambulance Service. We agree in principle that a positive duty [on the above bodies] has the potential to assist the Scottish Government to meet the objectives of Action Area 1 and 2 of the trafficking and exploitation strategy.” (The Health and Care Professions Council).
Respondent Quote:
“We agree that pharmacists (and pharmacy technicians) may be an access point to NHS services if a victim is not registered with a GP or if they do not wish to attend at A&E or other mainstream NHS services, and may therefore be able to identify people who may be potential victims of human trafficking. We therefore welcome your proposals to encourage voluntary notifications from this group of people and their staff. We note in question 2, there is only reference to community pharmacists, we believe there is a strong case for including pharmacy technicians also as they interact closely with vulnerable adults and children as part of their day-to-day activities” (General Pharmaceutical Council)
Respondent Quote:
“There are resource implications for raising awareness of the duty to notify….A targeted approach could be more appropriate, whereby settings most likely to encounter victims of trafficking test implementation of the duty” (NHS Health Scotland)
Respondent Quote:
“Human Trafficking does not respect borders. There should be mechanisms to ensure that intelligence and information is shared to and from the Police and other bodies in England & Wales, and the Duty to Notify also apply to UK government departments that may operate in Scotland.” (Scottish Prison Service)
Victim and Survivor Quote:
“Yes. I was told not to talk to the police so speaking to someone – I would not have spoken. Now, I know better but then, it would definitely have stopped me speaking to nurses etc. I was seeing a nurse then and she was asking me but I was saying no as I was scared she may pass it on to the police.” (anonymous)
Victim and Survivor Quote:
“Everyone should pass information but the police should find a way to help victims escape. If I could do it (escape) I would but if I can’t get out of the situation, police should find a way to help.” (anonymous)
Victim and Survivor Quote:
“Yes. Because doctors can understand patients conditions and feelings.” (anonymous)
Process for compliance
Question 4: Do you agree that bodies named in Regulations should establish their own processes for complying with the duty? Yes/No
| Yes | No | Total | |
|---|---|---|---|
| Bodies should establish their own process (%) | 50 (65) | 27 (35) | 77(100) |
Around two thirds of respondents believed that bodies named in Regulations should establish their own processes for complying with the legal duty.
Of the 26 responses received from the Scottish Government Primary Care Leads Network 6 have plans, processes or pathways in place on spotting the signs of human trafficking and exploitation and what action to take. 14 have no plans in place. A further 4 have no plans in place but would take action such as contact social services, phone 101 or contact other NHS colleagues if concerns were raised. The final 2 gave no definitive answer.
Key Themes
Although two thirds of respondents expressed support with Scottish Government proposals in question 4 some used the opportunity to provide additional comments.
A risk of duplication of referrals due to the potential number of interactions a victim may have with named bodies
As with responses to questions 1-3 some respondents believed that there is a risk of duplication of referrals due to the potential number of interactions a victim may have with named bodies.
A need for clear guidance and training for those subject to the legal duty
A number of respondents who answered no to this question believed that there should be national guidance, templates and/or processes developed and designed by the Scottish Government in conjunction with the named bodies to ensure consistency. Some respondents believed that named bodies should also create their own internal processes to comply with the duty once the national guidance is in place. It was suggested by some respondents that compliance and quality assurance checks are built into any processes established.
A need for clear definitions of trafficking and exploitation types
Linked to the theme above and responses to questions 1-3 some respondents believed that in order for bodies to effectively comply with the duty there is a need for training to provide staff with clear definitions of trafficking and exploitation types in order to allow them to spot the signs and identify victims.
Respondent Quote:
“Due to the number and range of council employees who would be subject to the Duty, the form should be simple and light-touch, and designed with the user in mind” (Convention of Scottish Local Authorities (COSLA))
Respondent Quote:
“We are concerned that the laudable aim of sharing information in order to have a more robust picture of human trafficking and exploitation may not be met, and indeed undermined, if implemented too widely and too quickly without sufficient resource to support this. We are therefore recommending a more limited implementation of the legal duty in Scotland supported by regulations which is then monitored and evaluated over a period of time and then extended if the monitoring and evaluation results support this” (JustRight Scotland)
Respondent Quote:
“Human trafficking is a form of child abuse and as a result all professionals should follow existing child protection procedures. It is key that the Human Trafficking and Exploitation Act 2015 is closely aligned to current procedures for child protection, including in determining the roles and responsibilities of healthcare professionals. Reporting of possible trafficked children, following these procedures, would take the form of an Interagency Referral Discussion (IRD). IRD’s are based on information sharing principles, and each agency (Police, social work and healthcare professionals) meets in order to support the assessment of whether a child under the age of 18 is at risk of or suffering harm, in this case from Human trafficking. We recommend that this is included as part of the duty to notify procedure.” (Royal College of Paediatrics and Child Health Scotland)
Respondent Quote:
“In the event Scottish Government implement s.38, and in order to mitigate any potential negative effect, we will work with the Scottish Government and the sector to create and provide any additional guidance that they require. We are aware this will not remove the risk of the most vulnerable being unwilling to access services, but it will provide social workers with the necessary tools to minimise the risk of withdrawal in their interactions with this group” (Scottish Social Services Council)
Respondent Quote:
“There seems to be no provisions for monitoring or evaluation. If this duty to notify provision comes in, there should be continued monitoring to understand how effective it is.” (Law Society of Scotland)
Respondent Quote:
“The size and complexity of the NHS, along with the various access points for potential victims of trafficking presents a risk of duplication and over counting” (NHS Health Scotland)
Information to be contained in a notification
Question 5: Do you agree that the anonymised information below should be included in a notification (if it is available) from a specified Scottish public authority to the Police if the adult does not consent to provide information that may identify them?
| Information | Yes | No | Total |
|---|---|---|---|
| Gender (%) | 73 (92) | 6 (8) | 79 (100) |
| Nationality (%) | 72 (91) | 7 (9) | 79 (100) |
| Country of Origin (%) | 75 (95) | 4 (5) | 79 (100) |
| Location victim was recovered (%) | 71 (90) | 8 (10) | 79 (100) |
| Location reported exploitation took place (%) | 71 (89) | 9 (11) | 80 (100) |
| Has a referral been made to the Police (%) | 74 (92.5) | 6 (7.5) | 80 (100) |
| Reported to be a victim of a section 1 offence | 76 (96) | 3 (4) | 79 (100) |
| If a victim of human trafficking, did the trafficking involve: | |||
|
74 (95) | 4 (5) | 78 (100) |
|
77 (96) | 3 (4) | 80 (100) |
|
77 (96) | 3 (4) | 80 (100) |
|
76 (95) | 4 (5) | 80 (100) |
|
77 (96) | 3 (4) | 80 (100) |
|
76 (95) | 4 (5) | 80 (100) |
|
74 (94) | 5 (6) | 79 (100) |
| Reported to be a victim of a section 4 offence[12] | 15 | 0 | 15 |
The majority of responses expressed support for including the information listed above in a notification from a specified Scottish public authority to Police Scotland. At least 89% of respondents agreed that the information listed should be contained in a notification.
Three quarters or more of responses from victims and survivors agreed that some of the information above should be passed onto the Police.
Question 6: Do you agree that the additional information listed below should be included in a notification from a specified Scottish public authority to the Police if the adult consents to the inclusion of that additional identifiable information?
| Information | Yes | No | Total |
|---|---|---|---|
| Consent for additional information (%) | 70 (91) | 7 (9) | 77 (100) |
| Is the victim willing to be contacted by the Police (%) | 71 (92) | 6 (8) | 77 (100) |
| First name (%) | 71 (92) | 6 (8) | 77 (100) |
| Family name (%) | 71 (92) | 6 (8) | 77 (100) |
| Alias name(s) (%) | 70 (92) | 6 (8) | 76 (100) |
| Date of Birth (%) | 72 (94) | 5 (6) | 77 (100) |
| Alias Date(s) of Birth (%) | 71 (93) | 5 (7) | 76 (100) |
| Is the victim a parent or carer (%) | 73 (95) | 4 (5) | 77 (100) |
| Other victims whereabouts (%) | 69 (91) | 7 (9) | 76 (100) |
| Safe Phone Number (%) | 71 (92) | 6 (8) | 77 (100) |
| Safe Address (%) | 70 (92) | 6 (8) | 76 (100) |
| Safe Post Code (%) | 71 (92) | 6 (8) | 77 (100) |
| Does the victim have any additional needs (%) | 71 (92) | 6 (8) | 77 (100) |
| Details of persons responsible/perpetrators (%) | 71 (92) | 6 (8) | 77 (100) |
The vast majority of responses expressed support for including the additional information listed above in a notification if an adult consents to the inclusion of that additional identifiable information. At least 91% of respondents agreed that the additional information listed above should be included in a notification.
It is interesting to note that the majority of respondents who answered no to questions 5 and 6 were those working in Local Authorities, the NHS or support organisations that are directly or indirectly involved in the provision of support for victims of trafficking in Scotland.
Question 7: Is there any other information that you think should be included in a notification under section 38(1) of the Act? Yes/No
| Yes | No | Total | |
|---|---|---|---|
| Other information should be included (%) | 33 (49) | 34 (51) | 67 (100) |
Just under half of respondents believed that there was other information that should be included in a notification from a specified Scottish public authority to Police Scotland.
A number of other types of information were suggested in response to question 7. These can be split into 6 different categories as noted below. A fuller list of suggestions can be found at Annex 5.
- Children and dependents of the victim;
- Details of perpetrators;
- Equalities issues;
- Information about other victims;
- Medical history; and
- Whether the victim had been trafficked previously.
Key themes
A need for clear definitions of trafficking and exploitation types
As with previous responses[13] some respondents believed that organisations may be unaware of, or do not have, sufficient knowledge of the different exploitation types to submit accurate notifications.
A risk that anonymity may be compromised outwith larger towns and cities
Although the majority of respondents agreed that the information listed above should be included in a notification, 3 support organisations and 2 individual responses expressed concerns about the risks associated with gathering information relating to location because of the risk of anonymity being compromised.
In contrast responses from victims and survivors were fully supportive of information relating to the location where they were found being shared with the Police.
The level of detail required when completing a referral
Linked to the two key themes above some respondents suggested that additional details beyond the exploitation types are included in a notification. For example if the notification related to a case of labour exploitation information about the industry this occurred in could be included. Another respondent believed that justification for including information should be part of the notification process. Some suggested it should also be made clear that not all the information listed is required for a notification to be submitted.
Other suggested information to be included was children and dependents of the victim, details of perpetrators, equalities issues, information about other victims, medical history and whether the victim had been trafficked previously
Respondents from the third sector, health and Local Authorities believed that there was additional information that should be included in a notification. There was a clear suggestion for details of any children or dependents of the victim to be shared to ensure proper safeguarding procedures are put in place for that child or adult.
Information about current or historical medical issues should also be included to allow appropriate care and treatment, for example pregnancy and sexual health. Equalities issues such as sexuality and languages spoken should be included to ensure the correct level of support is provided.
A small number of respondents[14] believed that including details of whether the victim had previously been a victim of trafficking may help to understand longer term outcomes.
Again a small number of respondents[15] suggested information about the persons responsible should be included to establish location of crime and methods used by perpetrators. A theme that emerged at the consultation events was details about the port of entry or method used to enter Scotland should be included.
Of the victims and survivors that believed other information should be included in a notification to the Police this included details of name and addresses to help victims escape, presentation of individuals (do they look scared/upset), information about perpetrators and anything that will help.
Respondent Quote:
“This requires to be clarified, especially if the information relates to an individual. An exact address, alongside other information, could lead to the individual being identified. Location collected by local authority area would be wide enough to prevent inadvertent identification of an individual but allow for ‘hotspots’ to be identified. Exceptions could be made for commercial addresses/venues” (TARA)
Respondent Quote:
“Location must be clarified as it is not currently clear how this information would enable a more accurate picture of the scale and extent of trafficking in Scotland or enable more effective targeting of enforcement activity and provision of support services” (Anti-Trafficking Monitoring Group (ATMG))
Respondent Quote:
“The information that has been suggested to be included seems very specific, raising concerns that it may identify the victim when they have not expressly consented to such information being released. We also wonder in some organisations just how accurate the information would be as those making the notification might well be unaware or have knowledge of the difference between the various types of exploitation that have been suggested are included.” (Law Society of Scotland)
Respondent Quote:
“We are of the view that the Scottish Government should consider setting out the statutory minimum information required in a notification within the regulations to ensure a degree of uniformity within the notifications made. This may also address some of the frequently raised issues mentioned in page six of the consultation.” (The Health and Care Professionals Council)
Bodies that should receive information from Police Scotland
Question 8: Do you agree that the bodies listed below should receive a report from Police Scotland about individuals who are or appear to be victims of a section 1 or section 4 offence?
| Who | Yes | No | Total |
|---|---|---|---|
| Scottish Government (%) | 74 (95) | 4 (5) | 78 (100) |
| All 32 Scottish Local Authorities (%) | 70 (91) | 7 (9) | 77 (100) |
| All 14 Scottish Geographical NHS Boards (%) | 70 (92) | 6 (8) | 76 (100) |
| Marine Scotland[16] | 12 | 1 | 13 |
| NHS 24 (%) | 69 (92) | 6 (8) | 75 (100) |
| Scottish Fire and Rescue Service (%) | 68 (92) | 6 (8) | 74 (100) |
| Scottish Ambulance Service (%) | 68 (92) | 6 (8) | 74 (100) |
| Scottish Prison Service (%) | 68 (92) | 6 (8) | 74 (100) |
| Scottish Environment Protection Agency (SEPA) (%) | 65 (89) | 8 (11) | 73 (100) |
| Trafficking Awareness Raising Alliance (TARA) (%) | 71 (96) | 3 (4) | 74 (100) |
| Migrant Help (%) | 71 (96) | 3 (4) | 74 (100) |
| Gangmasters and Labour Abuse Authority (GLAA) (%) | 71 (96) | 3 (4) | 74 (100) |
| British Transport Police (BTP) (%) | 70 (93) | 5 (7) | 75 (100) |
| National Crime Agency (NCA) (%) | 71 (95) | 4 (5) | 75 (100) |
| Independent Anti-Slavery Commissioner (%) | 73 (97) | 2 (3) | 75 (100) |
| Interpol (%) | 71 (95) | 4 (5) | 75 (100) |
| Europol (%) | 58 (95) | 3 (5) | 61 (100) |
The majority of responses expressed support for Police Scotland sharing information with the bodies listed. At least 89% of respondents agreed that Police Scotland should share information with the bodies listed.
The Scottish Fire and Rescue Service, the Scottish Prison Service, the Gangmasters and Labour Abuse Authority and British Transport Police all agreed that they should receive a report from Police Scotland.
TARA also agreed that they should receive a report from Police Scotland but on an anonymous basis unless the report requires action to safeguard an individual.
Once the consultation closed it became clear that there was an error with this question on the online platform. There was no option to answer yes or no for Marine Scotland or the Home Office.
It is interesting to note that the majority of respondents who answered no to question 8 were those working in Local Authorities, the NHS or support organisations that are directly or indirectly involved in the provision of support for victims of trafficking in Scotland.
Question 9: Are there any other bodies that you think Police Scotland should notify under section 38(4) of the Act? Yes/No
| Yes | No | Total | |
|---|---|---|---|
| Other bodies that should receive information (%) | 28 (42) | 38 (58) | 66 (100) |
Just under half of respondents believed that there were other bodies which Police Scotland should notify about victims of a section 1 or section 4 offence.
Nearly three quarters of victim and survivor respondents believed there were people that the Police should tell about them.[17]
Key Themes
Information coming out from Police Scotland should be both relevant and proportionate
Some respondents commented that only information about high level patterns and trends should be shared with the bodies listed above. Others argued that information should only be shared with an organisation if it provides support to victims or has a role in apprehending perpetrators. Some respondents expressed concerns that information may be used for other law enforcement purposes such as immigration offences. Others believed that information should be shared on a case by case basis.
A risk that anonymity may be compromised outwith larger towns and cities
Despite the vast majority of respondents agreeing that the bodies listed above should receive a report from Police Scotland many used the opportunity to suggest that reports should be anonymous and not disclose any identifiable information. As with previous questions[18] there were concerns expressed about including specific information about location in any published report.
Other bodies that should receive information
A high number of bodies were suggested in response to question 9. These are similar to the groups of professionals suggested in response to question 3 with the addition of Business and Private Sector and specific teams/departments of Local Authorities.
- Business and Private Sector;
- Health and Care Professionals;
- Justice;
- Local Authorities;
- NGO and Third Sector;
- Other; and
- UK Bodies
It is interesting to note that most organisations in these categories were only mentioned once or twice but the Crown Office and Procurator Fiscal Service, Border Force and the general public were each suggested on 3 or more occasions. A fuller list is provided at Annex 5.
The main reasons for sharing information with these groups of professionals was to help identify potential victims and ensure they are offered support, to help these agencies understand the issue of trafficking in their sector/area and to put in place preventative measures to help combat this crime.
Victims and survivors suggested community groups, housing associations, the public and support organisations.
Respondent Quote:
“AGAIN to substantiate our YES responses We do not think all agencies noted would need to know in every circumstance. Information shared should be considered and proportionate and with clear purpose. More general thematic information could be shared and only individualised when deemed necessary.” (Highland Violence Against Women Partnership)
Respondent Quote:
“EU Commission. This can help the EU identify the countries within the EU where victims are sourced. They can take preventative measures to trafficking” (Anonymous Individual)
Respondent Quote:
“Lord Advocate and Procurator Fiscal Service - Assists in a wider understanding of the issue when prosecuting cases.” (Hope for Justice)
Respondent Quote:
“While we accept that information passed from Police Scotland would be anonymised, we have concerns that it may still lead to enforcement action by Border Force. Many of Scotland’s local authorities have numerically and proportionately small migrant populations particularly of nationalities that feature highly in the human trafficking statistics. The possibility of an immigration enforcement action being taken by the UK Border Force on the basis of intelligence provided by Scottish local authority staff cannot therefore be discounted. This is particularly the case in situations where staff would have a Duty to Notify, but no support through the NRM had been triggered” (COSLA)
Respondent Quote:
“This will depend on what is contained in the report. It would be appropriate if it is only raw data i.e. number of referrals, country of origin or where located etc. It would not, however, be appropriate to share information if it uniquely identified an individual. More specific information should be shared when it is determined by the police to be legitimate, proportionate and reasonable to share in a report” (East Ayrshire Health and Social Care Partnership)
Victim and Survivor Quote:
“Depends what someone has gone through, but only support organisations, and doctor if they need to see someone.” (anonymous)
Victim and Survivor Quote:
“Police should go to specific communities e.g. Albanian community, to raise awareness.” (anonymous)
Victim and Survivor Quote:
“Police should tell organisations like TARA. Housing organisations, both social housing and private should check people getting the house aren’t traffickers or exploitation people in their property. Housing is everything.” (anonymous)
Information to be contained in a notification from Police Scotland
Question 10:
Do you agree that the anonymised information below should be included in a notification from Police Scotland to a third party if the adult does not consent to provide information that may identify them?
| Information | Yes | No | Total |
|---|---|---|---|
| Gender (%) | 60 (83) | 12 (17) | 72 (100) |
| Nationality (%) | 59 (83) | 12 (17) | 71 (100) |
| Country of Origin (%) | 60 (83) | 12 (17) | 72 (100) |
| Was the victim under the age of 18 (%) | 59 (84) | 11 (16) | 70 (100) |
| Location victim was recovered (%) | 57 (84) | 16 (16) | 73 (100) |
| Location reported exploitation took place (%) | 57 (79) | 15 (21) | 72 (100) |
| Reported to be a victim of a section 1 offence | 62 (87) | 9 (13) | 71 (100) |
| If a victim of human trafficking, did the trafficking involve: | |||
|
62 (87) | 9 (13) | 71 (100) |
|
63 (87.5) | 9 (12.5) | 72 (100) |
|
62 (87) | 9 (13) | 71 (100) |
|
63 (87.5) | 9 (12.5) | 72 (100) |
|
63 (87.5) | 9 (12.5) | 72 (100) |
|
62 (87) | 9 (13) | 71 (100) |
|
63 (87.5) | 9 (12.5) | 72 (100) |
| Reported to be a victim of a section 4 offence (%) | 53 (85.5) | 9 (14.5) | 62 (100) |
The majority of responses expressed support that the anonymised information listed above should be included in a notification from Police Scotland to a third party. At least 79% of respondents agreed.
It is interesting to note that respondents who answered no to question 10 were those working in Local Authorities, the NHS or support organisations that are directly or indirectly involved in the provision of support for victims of trafficking in Scotland.
Question 11:
Is there any other information that you think should be included in a notification under section 38(5) of the Act? Yes/No
| Yes | No | Total | |
|---|---|---|---|
| Other information should be included (%) | 15 (23) | 50 (77) | 65 (100) |
Around a quarter of respondents believed that there is other information that should be included in a notification.
Some other types of information were suggested in response to question 11. These are similar to the suggestions at question 7. They can be split into 3 different categories as noted below. A fuller list of suggestions can be found at Annex 5.
- Children and dependents of the victim;
- Details of perpetrators; and
- Miscellaneous
Question 12:
How frequently do you think the Police should pass information to a third party? Please select only one option or state one other time period.
| Frequency | No of Responses (%) |
|---|---|
| Monthly | 10 (14) |
| Quarterly (calendar year) | 15 (20) |
| Quarterly (financial year) | 18 (24) |
| Bi-annually | 5 (7) |
| Annually | 8 (11) |
| Another time period (please state only one) | 18 (24) |
| Total (%) | 74 (100) |
There was not a clear preference for how frequently information should be shared by Police Scotland. Responses were quite evenly split between quarterly (calendar and financial), monthly and other.
Key Themes
A risk that anonymity may be compromised outwith larger towns and cities
Despite 79% and above of respondents agreeing that the information listed at question 10 should be included in a notification some respondents expressed concerns that if the information shared from the Police to a third party was not anonymised this could potentially identify a person when consent had not been provided. As with earlier questions it is information relating to location that caused most concern. Some respondents despite answering yes to question 10 then added additional comments that they only wish anonymised information to be shared.
Other suggested information to be included was details of perpetrators, children and dependents of the victim and miscellaneous
Some respondents would like to see information about perpetrators being shared by the Police such as the methods used to recruit and control, and details of the perpetrator profile. Information about children and dependents was also thought to be important to ensure that appropriate adult and child protection measures were put in place, particularly for young adults.
A variety of miscellaneous information such as age of the victim, how and when the exploitation stopped and what ports of entry to Scotland were used was also suggested.
Information coming out from Police Scotland should be both relevant and proportionate
There was no clear preference for how often information should be shared by the Police. However there was a general consensus amongst respondents that any information sharing should be both relevant and proportionate. A number of respondents were clear that if there is an immediate concern information should be shared instantly.
Anonymous responses from the consultation events showed a clear preference for quarterly reports either by calendar or financial year frequency.
Information coming out from Police Scotland should be at a similar time to the release of NRM information or quarterly strategy meetings
Some respondents believed that the information should be shared at the same time as the release of NRM statistics so that the information can be compared. Police Scotland responded by saying information should be shared at the same time as the Trafficking and Exploitation Strategy Action Area group led by Police Scotland meets to discuss progress against Action Area 2 commitments.
Respondent Quote:
“For what purpose is this information going to agencies? as per previous response, if this is non identifiable, generic, anonymised, and therefore non-operational, and for generic intel, what is expected of these agencies? How can they support without details. Police would receive info to help build and intelligence picture, that would be more beneficial than individual anonymised info” (Dumfries and Galloway Public Protection Committee)
Respondent Quote:
“Gender/Nationality/Country of origin of the trafficker responsible for the section 1 or 4 offence - Again, as long as this information cannot uniquely identify the individual concerned.” (East Ayrshire Health and Social Care Partnership)
Respondent Quote:
“We believe the frequency should be quarterly (financial year), however if there’s an immediate concern about potential human trafficking activity or about the safety of an individual then it should be as soon as is possible.” (Community Pharmacy Scotland)
Respondent Quote:
“Frequency should be reviewed regularly, particularly if there is an increase in potential victims of human trafficking or exploitation.” (Inverclyde Health and Social Care Partnership)
Respondent Quote:
“Needs to be timeous to be effective” (Healthcare Improvement Scotland)
Respondent Quote:
“Age groups - it could be useful to have explicit guidance for 16 and 17 year old victims and how they could be supported” (NHS Ayrshire & Arran)
Respondent Quote:
“We think this is difficult to respond yes or no. Again we think that the information should be disclosed should there be themes or trends emerging which affect particular services or communities. Disclosure of this may help them determine resource allocation, community development approaches, safety planning and ongoing monitoring and information gathering to disrupt criminality and prevent further victimisation.” (Highland Violence Against Women Partnership)
Respondent Quote:
“HFJ considers the frequency will very much depend on the quality and use of the information provided. Patterns of exploitation do change over time so it would be important to collate monthly and also annual data sets. Police Scotland should also be resourced to produce this information.” (Hope for Justice)
Other bodies that the Scottish Government should work with
Question 13: Do you agree that the Scottish Government should work with these bodies to establish a system whereby information can be shared with the police in a similar way to the statutory duty under section 38 of the Act?
| Who | Yes | No | Total |
|---|---|---|---|
| Border Force (%) | 76 (100) | 0 | 76 (100) |
| Gangmasters and Labour Abuse Authority (%) | 77 (100) | 0 | 77 (100) |
| British Transport Police (%) | 77 (100) | 0 | 77 (100) |
| TARA (%) | 71 (93) | 5 (7) | 76 (100) |
| Migrant Help (%) | 67 (91) | 7 (9) | 74 (100) |
The vast majority of responses agreed that the bodies listed above should work with the Scottish Government to establish a system whereby information can be shared with Police Scotland in a similar way to the legal duty. At least 91% of respondents agreed.
The British Transport Police and the Gangmasters and Labour Abuse Authority agreed that they should work with the Scottish Government to establish a system whereby information can be shared with Police Scotland in a similar way to the legal duty.
Of the 29 victim and survivor respondents who answered question 10 of the survivor questionnaire 19 said that it would not have stopped them seeking help from TARA, Migrant Help and the Anchor Service if they knew anonymous information was going to be passed to the Police. 3 gave no definitive answer, 3 didn’t know and 4 said yes it would have stopped them seeking help.
Question 14: Do you think that there are any other bodies that operate in Scotland that the Scottish Government should encourage to notify the police about a person who is or appears to be a victim of a section 1 or section 4 offence? Yes/No
| Yes | No | Total | |
|---|---|---|---|
| There are other bodies (%) | 49 (72) | 19 (28) | 68 (100) |
Just under three quarters of respondents believed that there are other bodies who operate in Scotland that the Scottish Government should encourage to notify Police Scotland about a person who is, or appears to be, a victim of a section 1 or section 4 offence.
A high number of bodies were suggested by respondents that the Scottish Government should work with to encourage notifications. This list is very similar to bodies suggested at questions 3 and 9. The main categories are below with a fuller list at Annex 5:
- Business and Private Sector;
- Education;
- Health and Care Professionals;
- Housing;
- Justice;
- Local Authorities;
- NGO and Third Sector;
- Other; and
- UK Bodies
The main reasons given for sharing information with these groups of professionals is front line staff may be in a position to identify potential victims and offer support, or they may work in environments where traffickers are active and spot indicators of trafficking related activity.
It is interesting to note that education establishments, housing, religious organisations and the DWP were the most common[19] suggestions.
It is interesting to note that Healthcare Improvement Scotland (HIS) are a body that were frequently mentioned in response to questions 3, 9 and 14. HIS responded to the consultation and suggested they are encouraged to submit notifications (as well as the Care Inspectorate) due to both agencies role in scrutiny and improvement, and also their public facing and engaging roles.
Key Themes
A risk that victims may not seek support from NGOs if they know their details will be passed to Police
Of the respondents who did not agree that TARA and Migrant Help should be encouraged to notify the Police this was because of a belief that victims may not approach or engage support and assistance from these organisations if they knew their information was going to be passed to the Police.
It is interesting to note that the majority of respondents who did not agree that TARA and Migrant Help should share information with Police Scotland are directly or indirectly involved in the provision of support for victims of trafficking in Scotland.
The role of NGO’s in the identification process
Some respondents believed that it is not the role of an NGO to notify the Police about someone who may be a victim of human trafficking but to build trust and provide support. This is linked to the key theme above but also due to the sharing of information that may lead to immigration enforcement action or apprehension of traffickers as seen in response to questions 8 and 9.
Respondent Quote:
“As a support provider TARA are concerned that being under any form of obligation to undertake duty to notify to Police Scotland, albeit anonymous, would negatively impact on vulnerable women approaching our service for support.” (TARA)
Respondent Quote:
“We do not think it is necessary for TARA /migrant help to be subject to duty to notify. The majority of victims they work with agree to the NRM and so numbers would be small. In addition, they work with victims to build trust and engage with the police in their own timeframe. They work with victims using trauma informed approach and so for transparency they would need to be clear from the outset of engagement where all information victims give them goes and that information will be passed to the police with their consent, or anonymously. This may result in victims not engaging with TARA/migrant Help” (NHS Greater Glasgow & Clyde Psychological Trauma Service)
Respondent Quote:
“The first 3 bodies are covered by the duty to notify in the Modern Slavery Act so it would seem prudent for there to be a way in which information shared under this duty is also shared on a voluntary basis with Police Scotland.” (JustRight Scotland)
Respondent Quote:
“I consider that the possibility that the sharing of such data may result in enforcement action effectively deters many individuals who are suffering unthinkable abuse from approaching Social Workers and other care professionals for help and that such systems should be quite separate and apply the same criteria for the sharing of sensitive personal information without the agreement of the persons concerned, as exists for other people.” (Ian Johnston) (publish with name)
Respondent Quote:
“Any employer who suspects Human Trafficking e.g. this may be in the supply chain or from observation when out working.
Trafficking often involves fraudulent activity in and around the benefits or banking system to manage the proceeds of trafficking:
Post Office delivery personnel may observe activities or mail which is irregular.
Bank staff who observe coercive of irregular behaviour in terms of multiple bank accounts.
Department of Work and Pensions” (Scottish Prison Service)
Contact
Email: human.trafficking@gov.scot
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