Immigration Bill — Report (3rd Day) — 7 Apr 2014 at 16:47
Relevant documents: 22nd, 23rd and 24th Reports from the Delegated Powers Committee and 6th Report from the Constitution Committee.
Moved by Baroness Butler-Sloss
55A: Before Clause 64, insert the following new Clause-
“Child trafficking guardians for all potential child victims of trafficking in human beings
(1) If a relevant child has arrived in the United Kingdom and is a potential victim of trafficking in human beings, an independent child trafficking guardian shall be appointed to represent the best interests of that child.
(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;
(b) ascertain the child’s wishes and feelings in relation to those decisions;
(c) advocate for the child to receive appropriate care, safe accommodation, medical treatment, including psychological assistance, education, translation and interpretation services as required;
(d) assist the child to access legal and other representation where necessary, including, where appropriate, to appoint and instruct legal representatives on all matters relevant to the interests of the child;
(e) consult with, advise and keep the child informed of legal rights;
(f) keep the child informed of all relevant immigration, criminal, compensation, community care, public law or other proceedings;
(g) contribute to identification of a plan to safeguard and promote a durable solution for the child based on an individual assessment of that child’s best interests;
(h) provide a link between the child and various statutory and other bodies who may provide services to the child, accompanying the child to any relevant meetings;
(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) where appropriate liaise with an immigration officer handling the child’s case in conjunction with the child’s legal representative;
(k) accompany the child to all interviews with the police, the immigration authorities and care proceedings;
(l) accompany the child to any court proceedings; and
(m) accompany the child whenever the child moves to new accommodation.
(3) A child trafficking guardian must have completed the training required in subsection (7) and may be-
(a) an employee of a statutory body except for an employee of a local authority;
(b) an employee of a recognised charitable organisation; or
(c) a volunteer for a recognised charitable organisation.
(4) 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.
(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 a child makes an application for services; or
(c) to which the child needs access in relation to being a victim of human trafficking; or
(d) any court or tribunal that a child engages with.
(7) The Secretary of State shall by order-
(a) set out the arrangements for the appointment of a child trafficking guardian immediately after a child is identified as a potential victim of trafficking in human beings;
(b) set out requirements for the training courses to be completed before a person may exercise functions as a child trafficking guardian;
(c) set out the arrangements for the supervision of persons discharging duties as a child trafficking guardian;
(d) set out the arrangements for the provision of support services for persons discharging duties as a child trafficking guardian; and
(e) designate organisations as a “recognised charitable organisation” for the purpose of this section.
(8) 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 21; or
(b) the child leaves the United Kingdom.
(9) 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.
(10) For the purposes of subsection (9), an individual will not be considered to have received a conclusive determination that the individual is not a victim of trafficking in human beings if-
(a) an individual is appealing or seeking judicial review of the conclusive determination; and
(b) the appeal or judicial review is not completed.
(11) In this section-
“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;
“relevant child” means a person who is under the age of 18 and who-
(a) requires leave to remain in the United Kingdom whether or not such leave has been granted; or
(b) is a national of an EEA state other than the United Kingdom;
“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.”
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