Criminal exploitation: practitioner guidance

10. A shared responsibility – getting it right for everyone

45. Safeguarding individuals at risk of exploitation is everyone's job. Early identification and support for those at risk of criminal exploitation are crucial. Local child and adult protection guidance must be followed where there is concern about criminal exploitation. Where an adult is not assessed as “at risk” as per adult support and protection legislative criteria, but there are concerns they are nevertheless at risk, contact should be made with the police. All agencies have a responsibility to ensure staff are aware of the signs of criminal exploitation and know what to do when they have concerns.

10.1 Reporting concerns

46. Sharing relevant information is an essential part of protecting children and adults from harm. Practitioners and managers in statutory services and the voluntary sector should all understand when and how they share information. Practitioners must be supported and guided in working within and applying the law through organisational procedures and supervisory processes. Within agencies, data controllers and information governance leads should ensure that the systems and procedures for which they share accountability provide an effective framework for lawful, fair and transparent information sharing. Inter-agency information sharing principles are provided in Part 1 of the National Guidance for Child Protection in Scotland 2021 and in the GIRFEC information sharing practice guidance.

47. Where there is a child or adult protection concern, relevant information should be shared with police or social work without delay, provided it is necessary, proportionate and lawful to do so. The lawful basis for sharing information should be identified and recorded.

48. Under 18 years – Concerns about the possible harm to a child from abuse, neglect or exploitation should always be shared with police or social work, without delay. The National Guidance states that:

“Child trafficking and exploitation is abuse, and an immediate child protection response is required, and an inter-agency referral discussion (IRD) should be undertaken when there is reason to believe a child may have been trafficked or exploited.”

Therefore, Child Protection procedures should be initiated via an IRD as described in Part 3 of the Guidance, upon any report of exploitation relating to a child under the age of 18 years. Appendix H of the National Guidance for Child Protection in Scotland (2021) is a checklist to support efficient communication of essential information.

49. Concerns about an adult at risk should be reported to the local authority, without delay. All matters are dealt with sensitively and confidentially, and support given if required. Details of each local authority can be found on the Getting Help page of the Act Against Harm website. For further information see the Duty to refer and co-operate, and the Referral Process sections of the Adult Support and Protection code of practice referenced earlier in this paper.

50. The definition of an adult at risk is an individual aged 16 or over, who is unable to safeguard their own well-being, property, rights or other interests, who is at risk of harm, and who is affected by a disability, mental disorder, illness or physical or mental infirmity, making them more vulnerable to harm than those who are not so affected. As other legislation and provisions exist which include age thresholds up to age 18 years (and sometimes up to age 26 years or even beyond), support under these other provisions may be more appropriate for some young persons. For example, where a young person under 18 is at risk of harm, The National Guidance for Child Protection in Scotland (2021) is relevant for reference, alongside local procedures for sharing information across children’s and adult services. Practitioners should pay particular attention to the needs and risks experienced by young people in transition from youth to adulthood, who may be more vulnerable to harm than others. This means that situations may arise, particularly for 16- and 17-year-old young people, where engagement from services for both children and adults is appropriate.

10.2 The National Referral Mechanism

51. The National Referral Mechanism (NRM), established in 2009, is the Global framework for identifying and referring potential victims of trafficking and ensuring that they receive the appropriate support in furtherance of the Council of Europe Convention on Action against Trafficking in Human Beings (2005). It is a process to identify and safeguard individuals who have been or where there is a suspicion of them having been trafficked. There is a system of First Responder Organisations who are authorised to refer potential victims into the NRM. First Responder Organisations include Police Scotland, Local Authorities, Gangmasters and Labour Abuse Authority, Migrant Help, Barnardo’s, Trafficking Awareness Raising Alliance (TARA) and certain parts of the Home Office including UK Visas and Immigration, Border Force and Immigration Enforcement.

52. The high-level role of First Responder Organisations includes:

• Identify potential victims of human trafficking and exploitation and recognise the indicators of exploitation;
• Gather information to understand what has happened to them;
• Refer victims into the NRM; and
• Provide a point of contact for the Competent Authorities within the Home Office to assist with the Reasonable Grounds and Conclusive Grounds decisions and to request a reconsideration.

53. First Responders complete a single online referral form that can be accessed from any location in the UK and can be used in cases involving both adults and children. As the purpose of sharing information to the NRM is to safeguard victims of trafficking, children do not need to consent to enter the NRM. It is however good practice to inform the child, to explain the NRM process, and refer to child protection procedures, unless doing so could place the child at risk. Informed consent is required to be sought for those aged 18 years and over. If consent is not given to refer the adult to the NRM, police should still be contacted if there are any immediate risks or dangers. For adults at risk of harm, chapter 3 of the Adult Support and Protection (Scotland) Act 2007 Code of Practice provides information on consent and information sharing.

54. The NRM Toolkit for First Responders in Scotland was developed to help improve the formal identification of victims through the NRM in Scotland and ensure that both frontline staff and potential victims are clear on the process and potential outcomes of this pathway to identification and protection. The toolkit is designed to promote a trauma-informed approach to supporting adult and child survivors in Scotland.

55. NRMs ensure that all presumed or identified victims of trafficking within the jurisdiction of a state have their rights respected regardless of their background, nationality, activities they may have been involved in, or their willingness to co-operate with law enforcement agencies. This includes those who are trafficked domestically (within the borders of one country) as well as transnationally (across international borders) and online (cyber-trafficking within the borders of one country or across international borders).

56. On 7 March 2023, the UK Government introduced the Illegal Migration Bill. Amongst other measures, the Bill seeks to prevent victims of trafficking who are deemed to have entered the UK ‘illegally’ from accessing the safety and support currently available, both in Scotland and the wider UK. This guidance is therefore subject to change.

57. The Scottish Government is committed to the incorporation of the United Nations Convention on the Rights of the Child (UNCRC) to the maximum extent possible into Scots Law. At every point of engagement with children, a rights-respecting approach must be adopted. All articles of the UNCRC are interconnected, have equal weighting and must be upheld for all children regardless of their involvement in criminal behaviour. Article 19 of the UNCRC says that States Parties shall take all appropriate measures to protect children from exploitation and gives children the right to support under Article 19 (2). Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention. This includes identification, reporting, referral, investigation, treatment and follow up of instances of child maltreatment described, and, as appropriate for judicial involvement.

58. All responses must be informed by relevant legislation and guidance, including:

• National Guidance for Child Protection in Scotland (2021)
• Adult Support and Protection (Scotland) Act 2007
• Adult Support and Protection (Scotland) Act 2007 – Code of Practice
• Human Trafficking and Exploitation (Scotland) Act 2015
• The Human Trafficking and Exploitation (Scotland) Act 2015 – A Guide
• National Referral Mechanism Toolkit March 2021.pdf (migrationscotland.org.uk)
• National referral mechanism guidance: adult (Northern Ireland and Scotland) - GOV.UK (www.gov.uk)
• Getting it right for every child (Updated 2022)
• Human Trafficking and Exploitation Guidance for Scottish Local Authorities