AGENDA ITEM 7
PAN-DORSET COMMUNITY SAFETY AND CRIMINIAL JUSTICE BOARD
3 NOVEMBER 2016
MODERN SLAVERY
1.0 PURPOSE OF REPORT
1.1 To update the board on the Modern Slavery Duty and local governance arrangements.
2.0 RECOMMENDATIONS
2.1 That members:
(a) Ensure information regarding the Home Office pilot is communicated across agencies.
(b) Agree the Community Safety and Criminal Justice Board take ownership of the Modern Slavery agenda and it becomes a thematic area for oversight, governance and accountability purposes, as detailed in section 8.4.
3.0 BACKGROUND
3.1 The Modern Slavery Act 2015 received Royal Assent on 26 March 2015. The Act will ensure that the National Crime Agency, the Police and other law enforcement agencies have the powers they need to pursue, disrupt and bring to justice those engaged in modern slavery.
3.2 Modern slavery encompasses slavery, servitude, forced and compulsory labour and human trafficking. Traffickers and slave drivers coerce, deceive and force individuals against their will into a life of abuse, servitude and inhumane treatment. Victims may be sexually exploited, forced to work for little or no pay or forced to commit criminal activities against their will. Victims are often pressured into debt bondage and are likely to be fearful of those who exploit them, who will often threaten and abuse victims and their families. All these factors make it very difficult for victims to escape.[1]
3.3 There is no typical victim of slavery. Victims can be men, women or children of all ages and nationalities.
Local Authorities, Police and other responsible authorities have a key role in identifying, referring and supporting potential victims of modern slavery.
The National Referral Mechanism (NRM) is the UK’s framework for identifying and supporting victims of modern slavery and human trafficking.
4.0 THE UK PICTURE
4.1 We don’t really know the true scale of modern slavery as it is hidden. Those referred into the NRM are only the tip of the iceberg. Home Office estimations indicate that approx. 10-13,000 people are trafficked into the UK.
In 2014, the NRM process identified 3,309 potential victims of modern slavery. The breakdown between child and adult victims can be seen below:
The Nature and Scale of Human Trafficking in 2014, NCA, December 2015
5.0 THE NATIONAL REFERRAL MECHANISM (NRM)
5.1 The National Referral Mechanism (NRM) is a framework for identifying victims of human trafficking and ensuring they receive the appropriate protection and support. The NRM process provides:
· Accommodation and material assistance
· Medical treatment and care
· Counselling and emotional support
· Advice on immigration and legal rights and services
· Advice on the criminal justice system
· Guidance on education, training and employment
· 45 day reflection period when you cannot be removed
· 1 year residence permit if cooperating with the police
5.2 The Modern Slavery duty identifies key responsible authorities who are nominated agencies who can complete the NRM form and make appropriate referrals these responsible authorities are listed below:
· National Crime Agency
· Police Forces
· UK Border Force
· Home Office Immigration and Visas
· Gangmasters Licensing Authority
· Local Authorities
· Health and Social Care (Northern Ireland)
· Salvation Army
· Migrant help
· Medaille Trust
· Kalayaan
· Barnados
· Unseen
· TARA Project (Scotland)
· NSPCC
· New Pathways
· Refugee Council
5.3 Referral into the NRM is voluntary and can happen only if the potential victims consent. However in the case of children their consent is not required. All completed NRM forms are sent to the UK Human Trafficking Centre (UKHTC).
5.4 The ‘duty to notify’ where there is no consent from an adult victim is set out in section 52 of the Modern Slavery Act 2015, and applies to the following public authorities:
· Police
· Local Authorities
· National Crime Agency
· Gangmasters Licensing Authority
Although the ‘duty to notify’ only applies to the above, it is recognised that many other organisations including voluntary and community groups may come into contact with victims. It is therefore encouraged that all agencies should be aware of the process to notify by the use of the MS1 form.
5.5 The NRM process was recently reviewed and as a result in July 2015 the Home Office launched a new process in two pilot areas: the South West and West Yorkshire.
6.0 THE HOME OFFICE PILOT
6.1 The pilot allows the key responsible authorities listed in section 5.2 above, to make the initial reasonable grounds decision. This decision would have previously been made by the UKHTC. In order to do this and successfully run the pilot, agencies identified will need to play their part in safeguarding and protecting victims of modern slavery. Therefore the key responsible authorities have been asked to nominate Slavery Safeguarding Leads (SSL).
6.2 The SSL will take ownership of making the initial reasonable grounds decision. The test the SSL must apply is:
a) Whether the statement ‘I suspect but cannot prove (the person is a victim of human trafficking / modern slavery)’ is true and;
b) Whether a reasonable person having regard to the information in the mind of the decision maker, would think there are reasonable grounds to believe the individual had been a victim of human trafficking or modern slavery.
The reasonable grounds test has a low threshold (lower than the criminal or conclusive grounds tests) designed to facilitate quick decisions.[2]
6.3 The SSL must complete a ‘consideration minute’ setting out the rationale for the reasonable grounds decision they have reached, and the evidence supporting that decision, whether the decision was positive or negative.
Once the reasonable grounds decision has been made the NRM form will then be forwarded to the UKHTC, who are classified as the competent authority to make a conclusive grounds decision.
7.0 LEGAL IMPLICATIONS: JUDICIAL REVIEW
Named responsible authorities should be aware that SSL decisions are open to judicial review. This is a type of court proceeding in which a judge will consider the way in which the decision has been made, in order to determine the lawfulness of the decision. As part of this process the consideration minute will be an important piece of evidence, so it is important that SSL’s set out how they made their decision as clearly and fully as possible.
In the event that an SSL’s decision is challenged, SSL’s should follow their organisations existing procedures for handling litigation. The Home Office owns the UK’s NRM policy so the SSL should notify the Central Case Management Unit (CMU) of any judicial reviews and add the Home Office as an interested party in proceedings.[3]
8.0 LOCAL GOVERNANCE AND ACCOUNTABILITY
8.1 We know that Modern Slavery can affect men, women and children of all ages and can take its form in a variety of ways. From information received via the NRM in 2014, approx. 300 potential victims were British born citizens.
8.2 An initial anti slavery partnership was set up from an Avon and Somerset initiative to cover the whole of the South West region, recognising that slavery and trafficking has no boundaries.
8.3 In 2016 an initial scoping meeting of a pan-Dorset Anti Slavery Partnership took place. However there appear to be no clear governance structures in place to monitor and scrutinise any activity in relation to modern slavery.
8.4 The Modern Slavery duty places a duty on key responsible authorities and not a partnership. In order to provide leadership and local governance it is recommended that the modern slavery agenda becomes part of the terms of reference of the Community Safety and Criminal Justice Board (CSCJB) for oversight and governance. The rationale for this is as follows:
· Modern Slavery affects men, women and children of all ages;
· For adult victims Modern Slavery can often fall outside of the thresholds identified within adult safeguarding;
· There are distinct cross overs with sexual exploitation and domestic servitude with the thematic areas of sexual violence and domestic abuse;
· The Community Safety and Criminal Justice Board represents a wide range of organisations at a strategic level, including the chairs of both the Children’s and Adults Safeguarding Boards, and representation from the Local Criminal Justice Board, therefore allowing for cross partnership governance and debate;
· Community Safety Managers are often the single point of contact for organisations, in relation to information and support.
8.5 If agreed, the CSCJB Board will receive reports detailing performance, updates, gaps and challenges, in order to strategically support further work. Reports can also be shared across other partnerships such as the Local Safeguarding Children’s Board and the Safeguarding Adults Board.
9.0 CONCLUSION
8.1 A second pan Dorset Anti Slavery partnership meeting is being held in November. Decisions made at the CSCJB will be reflected back to members of this group.
Officer Contact: Anthi Minhinnick
Community Safety Partnership Manager, Poole
01202 223320
1
[1] HM Government Modern Slavery Strategy
References: HM Government Modern Slavery Strategy; Home Office Circular Modern Slavery Act 2015
[2] Home Office, NRM Pilots, SSL Guidance v1, Oct 2015
[3] Home Office, NRM Pilots, SSL Guidance v1, Oct 2015.