Clause 42 - Guidance about identifying and supporting victims

Part of Modern Slavery Bill – in a Public Bill Committee at 2:00 pm on 14 October 2014.

Alert me about debates like this

Duties in relation to children

(7) The protection, assistance and support provided to trafficked, enslaved or exploited children (including those to whom the presumption of age applies) in accordance with the provisions in this Bill shall be at least equivalent to the protection, assistance and support provided to adults, save that  where other legislation provides for greater protection for children that legislation shall, to the extent of any inconsistency with this Bill, prevail.’

New clause 29—Identifying and supporting victims—

‘(1) The Secretary of State shall make regulations about the arrangements for determining whether or not a person is to be treated as a victim of slavery or human trafficking and shall in particular make provision—

(a) about the process for the referral of potential victims of slavery or human trafficking for such a determination;

(b) about the process and tests for determining whether a person should be treated as such a victim; and

(c) for an individual to have access to an internal review and appeal of a decision made about them under subsection 1(b).

(2) The Secretary of State must issue guidance to such public authorities and other persons as the Secretary of State considers appropriate about indicators that a person may be a victim of slavery or human trafficking.

(3) The Secretary of State may, from time to time, revise the guidance issued under subsection (2).

(4) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.

(5) The Secretary of State must ensure that—

(a) a person about whom a referral has been made under subsection (1)(a) is provided with assistance and support in accordance with this section for—

(i) if there are no criminal proceedings, ninety days,

(ii) if criminal proceedings take place, ninety days after criminal proceedings are completed; or

(iii) until there is a conclusive determination under the processes established by subsection (1) that a person is not to be treated as a victim of slavery or human trafficking,

(b) if the family of a child identified as a victim is resident in the United Kingdom it be entitled to assistance and support under this section,

(c) assistance and support provided under this section—

(i) is not conditional on the willingness of the person to act as a witness;

(ii) shall be provided with the person’s agreement;

(iii) shall take due account of the victim’s need for safety and protection, including the opportunity to receive assistance from a person of the same gender;

(iv) shall be provided to assist victims in their physical, psychological and social recovery; and

(v) shall meet minimum standards for such support as shall be set out by the Secretary of State by order.

(6) For the purpose of this section, “assistance and support” may include but not be restricted to—

(a) appropriate and safe accommodation;

(b) material assistance, including that required by a person with special needs arising from pregnancy, physical or mental health conditions, disability, or being the victim of serious psychological, physical or sexual violence;

(c) medical treatment, including psychological assistance;

(d) counselling;

(e) information, including on a reflection and recovery period, the possibility of granting international protection and refugee status, a voluntary return, welfare entitlements and accessing employment;

(f) translation and interpretation services, as required;

(g) access to education for child victims and children of victims;

(h) legal counselling, either through legal aid or other means;

(i) legal representation, either through legal aid or other means;

(j) assistance in applying for compensation; and

(k) provision of services (including travelling and other expenses) to assist a victim of trafficking in human beings, and children of victims, to leave the United Kingdom and to settle in a new place of residence.’