Children and Families Bill

Insert the following new Clause—

“Child Trafficking Guardians for children who may have been victims of
human trafficking

(1)   The Children Act 1989 is amended as follows.

(2)   After section 26A insert—

“26B          Child Trafficking Guardians for children who may have been
victims of human trafficking

(1)   A child trafficking guardian shall be appointed to represent the best
interests of each child who might be a victim of trafficking in
human beings if the person who has parental responsibility for the
child fulfils any of the conditions set out in subsection (3).

(2)   The child trafficking guardian shall have the following
responsibilities to—

(a)   advocate that all decisions taken are in the child’s best
interest;

(b)   advocate for the child to receive appropriate care,
accommodation, medical treatment, including
psychological assistance, education, translation and
interpretation services;

(c)   advocate for the child’s access to legal and other
representation where necessary;

(d)   consult with, advise and keep the child victim informed of
legal rights;

(e)   where appropriate instruct the solicitor representing the
child on all matters relevant to the interests of the child
arising in the course of proceedings including possibilities
for appeal;

(f)   contribute to identification of a plan to safeguard and
promote the long-term welfare of the child based on an
individual assessment of that child’s best interests;

(g)   keep the child informed of all relevant immigration,
criminal or compensation proceedings;

(h)   provide a link between the child and various organisations
who may provide services to the child;

(i)   assist in establishing contact with the child’s family, where
the child so wishes and it is in the child’s best interests;

(j)   liaise with the UK Border Agency where appropriate;

(k)   attend all police interviews with the child; and

(l)   accompany the child whenever the child moves to new
accommodation.

(3)   Subsection (1) shall apply if the person who has parental
responsibility for the child—

(a)   is suspected of taking part in the trafficking of human
beings;

(b)   has another conflict of interest with the child;

(c)   is not in contact with the child;

(d)   is in a country outside the United Kingdom; or

(e)   is a local authority.

(4)   In subsection (1), a child trafficking guardian may be—

(a)   an employee of a statutory body;

(b)   an employee of a recognised charitable organisation; or

(c)   a volunteer for a recognised charitable organisation.

(5)   Where a child trafficking guardian is appointed under subsection
(1), the authority of the child trafficking guardian in relation to the
child shall be recognised by any relevant body.

(6)   In subsection (5), a “relevant body” means a person or
organisation—

(a)   which provides services to the child; or

(b)   to which the child needs access in relation to being a victim.

(7)   The appropriate national authority—

(a)   shall by order set out the arrangements for the appointment
of a child trafficking guardian as soon as possible after a
child is identified as a potential victim of trafficking in
human beings;

(b)   may make rules about the training courses to be completed
before a person may discharge duties as a child trafficking
guardian;

(c)   shall by order set out the arrangements for the provision of
support services for persons discharging duties as a child
trafficking guardian; and

(d)   shall by order designate organisations as a “recognised
charitable organisation” for the purposes of this section.

(8)   In this section a child is considered to be a “potential victim of
trafficking in human beings” when—

(a)   there has been a conclusive determination that the
individual is a victim of trafficking in human beings, or

(b)   there are reasonable grounds to believe that the individual
is such a victim and there has not been a conclusive
determination that the individual is not such a victim.

(9)   For the purposes of sub-paragraph (8)(b) there are reasonable
grounds to believe that an individual is a victim of trafficking in
human beings if a competent authority has determined for the
purposes of Article 10 of the Trafficking Convention (identification
of victims) that there are such grounds.

(10)   For the purposes of sub-paragraph (8) there is a conclusive
determination that an individual is or is not a victim of trafficking
in human beings when, on completion of the identification process
required by Article 10 of the Trafficking Convention, a competent
authority concludes that the individual is or is not such a victim.

(11)   In this section—

“parental responsibility” has the same meaning as section 3 of
this Act;

“competent authority” means a person who is a competent
authority of the United Kingdom for the purposes of the
Trafficking Convention;

“the Trafficking Convention” means the Council of Europe
Convention on Action against Trafficking in Human Beings
(done at Warsaw on 16 May 2005);

“trafficking in human beings” has the same meaning as in the
Trafficking Convention.”.”