Moved by
Lord McColl of Dulwich
13: After Clause 9, insert the following new Clause—
“Child trafficking guardians for children who may have been victims of human trafficking
After section 26A of the Children Act 1989 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 relating to the child are made in the child’s best interest and, where reasonably practicable and consistent with the child’s welfare after ascertaining the child’s wishes and feelings in relation to those decisions;
(b) advocate for the child to receive appropriate care, safe accommodation, medical treatment, including psychological assistance, education, translation and interpretation services;
(c) assist the child to access legal and other representation where necessary, including, where appropriate, to appoint and instruct the solicitor representing the child on all matters relevant to the interests of the child;
(d) consult, advise and inform the child victim of the child’s legal rights;
(e) keep the child informed of all relevant immigration, criminal or compensation proceedings;
(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) provide a link between the child and various organisations who may provide services to the child;
(h) assist in establishing contact with the child’s family, where the child so wishes and it is in the child’s best interests;
(i) where appropriate liaise with an immigration officer handling the child’s case in conjunction with the child’s legal representative;
(j) accompany the child to all police interviews; and
(k) 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) A person discharging duties as a child trafficking guardian shall not discharge any other statutory duties in relation to a child for whom they are providing assistance under this section.
(6) 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.
(7) In subsection (6), a “relevant body” means a person or organisation—
(a) which provides services to the child;
(b) to which a child makes an application for services; or
(c) to which the child needs access in relation to being a victim.
(8) 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) shall by order set out requirements for 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 supervision of persons discharging duties as a child trafficking guardian;
(d) shall by order set out the arrangements for the provision of support services for persons discharging duties as a child trafficking guardian; and
(e) shall by order designate organisations as a “recognised charitable organisation” for the purpose of this section.
(9) A person’s appointment as a child trafficking guardian for a particular child under this section shall come to an end if—
(a) the child reaches the age of 18; or
(b) a durable solution for the child has been found based on an individual assessment of the best interests of the child.
(10) In this section, a child is considered to be a “potential victim of trafficking in human beings” when a referral has been made to a competent authority for a determination under the identification process required by Article 10 of the Trafficking Convention (Identification of Victims) and there has not been a conclusive determination that the individual is not such a victim.
(11) For the purposes of subsection (10), there is a conclusive determination that an individual 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.
(12) 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.””