Modern Slavery and Child Trafficking

This guidance is for all practitioners (paid or unpaid) who work with children (including the unborn child), those who work with adults who are parents/carers and who therefore hold responsibility for safeguarding and promoting the welfare of children. It is intended to be read alongside the Children and Young People (Jersey) Law 2022, the commensurate Statutory Guidance 2024 and the Jersey Children's First Framework (JCF). Practitioners must follow the Statutory Guidance on sharing information (which follows Data Protection (Jersey) 
Law 2018) and follow the SPB Child Protection Procedures and the SPB Children and Young People Safeguarding Referrals Procedure.

Modern slavery and human trafficking are a significant national problem which is taken seriously by the UK government with funding for a national Transformation Programme, aimed at improving understanding, investigations, intelligence sharing and development across law enforcement agencies, collaborating with partners, protecting victims, and prosecuting offenders.

Modern slavery is a form of organised crime in which individuals including children and young people are treated as commodities and exploited for criminal and financial gain. It encompasses human trafficking, servitude and forced labour.

Modern slavery

The controlling of another by force, power, fear, intimidation, deception, or ownership to exploit them, typically for sexual, labour, criminal or domestic purposes.

Human trafficking

Human Trafficking is the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit. Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world. The traffickers often use violence or fraudulent employment agencies and fake promises of education and job opportunities to trick and coerce their victims.

Exploitation includes, at a minimum, sexual exploitation, forced labour or services, slavery or practices like slavery, servitude or the removal of organs. Trafficked victims are coerced or deceived by the person arranging their relocation. On arrival in the country of destination the trafficked child or person is denied their human rights and is forced into exploitation by the trafficker or person into whose control they are delivered.

Child trafficking is defined where children and young people (under 18 years old) are moved from one place to another or one country to another to be exploited or taken advantage of. Children and young people are usually recruited by coercive or subversive means, taken on dangerous journeys with false papers and ID and, at their destination, they are kept in a controlled environment by means of threats or violence. Some children may be escorted by a person stating that they are a relative. Most children are trafficked for financial gain such as domestic servitude, sexual exploitation, benefit fraud, sweat-shop work in catering or agriculture, illegal adoption (the list is not exhaustive). This happens due to inequalities between countries, such as different education or employment opportunities, poverty, the effects of war, the demand for cheap or free labour or a workforce who can be easily controlled and forced into criminal activity, low levels of education and lack of equal opportunities, discrimination or marginalisation.

The crime of human trafficking consists of three core elements: the act of trafficking another person, the means using to do so and the purpose for exploitation.

For the crime of modern slavery, servitude and forced or compulsory labour there must be means to hold the person through threat, coercion or force, and a service the individual has been forced to provide, begging, sexual services, manual labour.

Physical and sexual abuse, blackmail, traffickers use emotional manipulation and the removal of official documents to control their victims.  Commonly traffickers trick, force and/or persuade children, young people, and their families to leave their homes. Grooming methods are used to gain the trust of a child and their parents, with the promise of a better life or education, which results in a life of abuse, servitude, and inhumane treatment.

Exploitation can take place in their home, country, during migration or in a foreign country.

Jersey has a thriving and diverse community, with adults, families with Children and Young People moving to from the UK and Abroad to Jersey and coming to work on the island within industries such as agriculture, hospitality and construction from around the globe. Most people working in Jersey will enjoy a life free from abuse. But where modern slavery and people trafficking have occurred in Jersey, it has been seen within these industries. With people who are not originally from the island and who are less likely to have recourse to public funds, health, housing or social care.

Whilst Jersey does not have equivalent legislation to The Modern Slavery Act (2015) UK (which include substantive offences):

1. Human trafficking;
2. Slavery, servitude and forced or compulsory labour.

Jersey does have the Crime (Transnational Organised Crime) (Jersey) Law 2008 that includes offences relating to people smuggling and the trafficking of persons and this may be applicable in such situations.

In line with the Palermo Convention, Children are not able to give informed consent to their own trafficking or exploitation (including criminal exploitation), a child cannot consent to being trafficked and it is not necessary to prove coercion or any other inducement where this is found to be the case.

As modern slavery and child trafficking constitute child abuse, Children's (Jersey) Law 2002 and Child and Young Person's Law 2022 and commensurate Statutory Guidance are the legislative frameworks which protect children from harm and the risk of significant harm in Jersey.

Children and young people of all ages are affected and can be trafficked into, within internal trafficking, and out of Jersey for the purpose of forced labour or sex trafficking (See SPB Jersey Children Moving In and Out of Jersey).

Children and young people can be forced into sexual acts for money, food, or a place to stay. Other forms of slavery involve children who are forced to work, criminally exploited and forced into domestic servitude. Children and young people have been found in brothels or saunas, farms, in factories, nail bars, car washes, hotels and restaurants and commonly are exploited in cannabis cultivation. Criminal exploitation can involve young people as drug carriers, begging and pickpocketing. Debt bondage (forced to work to pay off debts that realistically they will never be able to), organ harvesting and benefit fraud are other types of modern slavery (See SPB Jersey Recognising Abuse, Neglect and Exploitation).

Children and Young People who are victims of this crime often face more than one type of abuse and slavery and for example, they may be sold to another trafficker and then forced into another form of exploitation. They can be sexually abused before being taken to other towns and cities where their sexual abuse and exploitation can continue.

Parents may be involved in the exploitation of their children and young people, carers or family members. Often the child or young person will not realise that family members participate in their exploitation. 
Children and Young People may have through control and coercion become involved in the perpetration of this crime against other children and young people.

It is important to note children and young people may not be victims of human trafficking but still be victims of modern slavery. Slavery, servitude and forced or compulsory labour is more often present in trafficking cases; however, not every young person who is exploited through forced labour has been trafficked. In all cases, protection and support is available through the National Referral Mechanism (NRM) process (in England and Wales [2]), this is not however available in Jersey.

It is not always clear a child is a victim of modern slavery and/or child trafficking and practitioners may not always recognise the signs. There are barriers to reporting and children and young people may be unable or unwilling to come forward to agencies. They may not understand what has happened to them is abuse and may be unaware of their exploitation. They may fear reprisal from their abuser, may think they have played a part or broken the law and may feel guilty or ashamed about the abuse they have suffered.

Children and young people are groomed by the perpetrators of this crime, and there may be circumstance where the perpetrator is a child themselves and is also a victim. It is imperative Practitioners use appropriate terminology when discussing children and young people who have been exploited or are at risk of exploitation (Appropriate Language: Child Sexual or Criminal Sexual Exploitation Guidance for Professionals).   
Situations that make a child or young person more vulnerable:

• Poverty, limited opportunities, low levels of education, war are key drivers;
• Poor and displaced families may hand over care of their children to traffickers who promise to provide them with a source of income, education, or skills training, but exploit them;
• Wanting to help their families back at home or seeking better futures;
• Escaping familial situations of harm and abuse, homelessness or being orphaned;
• A lack of equal opportunities, discrimination or marginalisation and social customs such as children being expected to respect and follow the adult in charge;
• SPB Jersey Child Abuse Linked to Faith or Belief and other specific practices may be used to control the child. A demand for cheap or free labour or a workforce who can be easily controlled and forced into criminal activity;
• Unaccompanied, internally displaced children, (See SPB Jersey Unaccompanied Children);
• Some children may say they are unaccompanied when claiming asylum;
• Former victims of modern slavery or trafficking;
• Trafficked children have an increased risk of going missing from care with some rejoining those who exploited them in the first place.

As the child or young person has been groomed, they may not be a willing participant due to the grooming they process they have experienced. Signs that a child or young person has been trafficked may not be obvious. Children and Young People may appear fearful and have a reluctance to seek help. They may be wary of the authorities for many reasons such as not knowing who to trust or a fear of deportation or concern regarding their immigration status and may avoid giving details of accommodation or personal details.

Modern slavery and child trafficking can have both short- and long-term effects and the impact can last a lifetime. The children and young people will have experienced trauma, resulting from their experiences. They may have different stories, due to trauma and/or traffickers forcing them to provide incorrect stories. They may demonstrate an unwillingness to disclose details of their experience due to being in a situation of dependency. Whilst also having little understanding of why they have moved from another country to Jersey. Compounded if English is not a first language.

Spotting the signs of modern slavery/child trafficking includes an understanding and awareness of trauma informed behaviours, where practitioners should use trauma informed practice recommended by Brook or the Trauma Recovery Model.

Being kept captive or living in poor conditions can have a serious impact on a child's mental and physical health. They may have had little or no access to education or opportunities to develop socially or emotionally. On first assessment it may appear the child or young person is a participant in criminal activity. However, it is important to understand this does not mean they have benefitted from proceeds and their involvement likely due to coercion.

The child or young person at point of entry to Jersey may have:

• Entered illegally without passport or ID papers;
• Have false papers, goods and money not accounted for;
• Have no adult with them or to meet them;
• Is with an adult who refuses to leave them alone;
• Has no money but a working mobile phone;
• A reluctance to give personal details.

Once in Jersey, they may:

• Receive unexplained calls;
• Have money from an unknown source;
• Show signs of sexual or physical abuse;
• Seen to do work in various locations.

The child's or young person's sponsor may: Have previously made visa applications for other children or acted as guarantor; or may be known to have acted as guarantor for others who have not returned to their countries of origin at the expiry of their visas.

Practitioners may find:

• An unrelated new child or young person discovered at an address;
• They may be missing from home or education - including a pattern of registration and de-registration from different schools;
• Be seen to spend a lot of time doing household chores;
• Be orphaned or living apart from their family, often in unregulated private foster care;
• They are not registered with school or a GP Practice;
• Be seen in inappropriate places like brothels, saunas, factories, or workplaces;
• May be seen working in catering, nail bars, caring for children;
• Attendance in the emergency department with workplace accidents;
• Rarely leave their home with no freedom of movement and no time for playing;
• Limited English or knowledge of their local area in which they live, not knowing the name of the town or their address;
• False documentation, no passport or identification documents;
• Few or no personal effects - few personal possessions and tend to wear the same clothing;
• No evidence of parental permission for the child to travel to the UK or stay with the adult (there are no departure checks at the Ports of Jersey);
• Little or no evidence of any pre-existing relationship with the adult or even an absence of any knowledge of the accompanying adult;
• Significantly older partner;
• Underage marriage;
• Unsatisfactory living conditions - dirty, cramped or overcrowded accommodation. 

Physical Appearance - Victims may show signs of physical or psychological abuse, look malnourished or unkempt, or appear withdrawn. Physical illnesses - including work-related injuries through poor health and safety measures, or injuries apparently because of assault or controlling measures. There may be physical indications of working (e.g., overly tired in school or indications of manual labour).

Sexual health indicators - sexually transmitted infections, or pregnancy; injuries of a sexual nature and/or gynaecological symptoms.

Psychological indicators - suffering from trauma and post-traumatic stress disorder which may include symptoms of hostility, aggression and difficulty with recalling episodes and concentrating. Depression/self-harm and/or suicidal feelings; an attitude of self-blame, shame and extensive loss of control; drug and or/alcohol use.

Modern slavery and Child Trafficking is a form of child abuse and any potential victim of child trafficking or slavery, servitude or forced or compulsory labour should immediately be referred to Children's Services and Jersey Police as they may be suffering significant harm.

Practitioners must:

• Follow the SPB Jersey Child Protection Procedures, Children and Young People Safeguarding Referrals Procedure;
• Refer to the Child and Families Hub;
• In parallel refer an adult or young person with their consent to supportive domestic abusive services (See SPB Jersey Domestic Abuse - Safeguarding Children and Young People (Including the Unborn Child));
• Where there is immediate risk of harm, practitioners must call the police on 999;
• Where the victim of Modern Slavery or Human Trafficking is a vulnerable adult, practitioners must raise a safeguarding concern with referral to the Single Point of Referral for Adults at risk of harm;
• Once a potential victim has been identified, practitioners should inform them of their right to protection, support and assistance in any criminal proceedings against offenders.

Practitioners should meet any urgent health needs and arrange emergency medical treatment where required where through SPB Jersey Child Protection Procedures, consideration must be given to following the Child Protection Medical Assessment Pathway and/or Child Sexual Abuse Medical Pathway.

If the child or anyone connected to them is in immediate danger the police should be contacted as normal. A multi-agency response will be required to secure safe accommodation for the potential victim(s).

Where there is reason to believe a victim could be a child, but their age is not clear, the individual must be given the benefit of the doubt and treated as a child until an assessment is conducted. An age assessment should only be conducted if appropriate to do so and should not cause a delay in referring to offering support.

Practitioners must always ensure that a child-centred approach (See SPB Respecting and Capturing the Voice of the Child) to tackling all types of trafficking and modern slavery is taken. This can be achieved by the following:

• Dealing with the child sensitively to avoid them being alarmed or shamed - building trust, as victims commonly feel fear towards the authorities;
• Listening to their words, believing them and their expertise in their own situation;
• Keeping in mind the child s added vulnerabilities, age and developmental stage.

It is important that practitioners make careful notes about what the child or young person discloses. Clearly recording in the child s language where possible and in their words as this can help with future investigations.

Whilst practitioners should see the child on their own, they should also observe nonverbal communication and body language between the child or young person with the person posing as their guardian. Practitioners should record the what, where, when of what they see, this is of significance. For example, if they believe the body language between the child or young person and their guardian, demonstrates fear, anxiety or watchfully awareness, or see body language such as a look at the child, which suggests the control the person has over the child.

It is important to consider the potential child or young person's immediate, short and longterm safety and that of other children and adults. Children and Young People should be seen alone and with independent advocates and interpreters who are not related to the perpetrators of the crime.

Although legislation in the UK and Jersey differs, further advice and support can be sought from the Child Trafficking Advice Centre (CTAC) where they provide free guidance to Practitioners concerned that a child or young person is a victim of modern slavery.

Practitioners should work in a culturally sensitive way, the culture around justification for abuse linked to Modern Slavery and Child Trafficking may be based in tradition, custom, faith, honour, religion, thoughts beliefs and values. Cultural competence does not mean ignoring or excusing practices that are against Jersey Law, or that cause or risk causing significant harm to children and young people.

Please see NSPCC briefing on Culture and Faith: learning from case reviews here. Where published case reviews highlight Practitioners sometimes lack the knowledge and confidence to work with families from diverse cultures and religions. A lack of understanding of the religion or cultural context of families can lead to Practitioners accepting lower standards for fear of being seen to practice without cultural competence. Challenge must be made on any attempt to justify harm on cultural or religious grounds. Where it is essential practitioners remain focused on the health, development and welfare of the child or young person and that their rights and needs remain paramount.

Assessments should explore the impact of a person's culture on their life, including spiritual practices, rites/blessings, beliefs and practices surrounding life events, dietary restrictions, personal care, daily rituals, communication social customs and attitudes to health care and support. Practitioners who are unsure should seek support from their safeguarding leads.

Practitioners should have access to regular Internal agency safeguarding supervision. Agencies should also consider multi-agency reflective supervision where cases are complex, stuck or drifting.

Professional challenge should be welcomed and partnership working depends on resolving professional difference and conflict as soon as possible. Where staff experience professional differences, they must follow the SPB Resolving Professional Difference/Escalation Policy. 

Children who are trafficked outside of the UK may intrinsically be linked to the immigration system. Practitioners should be aware of the risk of harm to the child if the adult is not able to confirm their immigration status, to avoid a potential child trafficking situation being misconstrued as an immigration matter  and thus preventing this from being recognised. It is important that plans for the child's long-term safety are linked to their immigration status, to fully understand the child's real identity and the reasons for not having identification documents or false documentation.

Modern slavery is often hidden in nature and goes unnoticed in our communities, with under-reporting a major concern. As well as assessing the significant harm to the child, there will need to be consideration for other key areas such as organised crime, working with Customs and Immigration Service and foreign authorities.

Care of unaccompanied migrant children and child victims of modern slavery – statutory guidance for local authorities (2017)

Crime (Transnational Organized Crime) (Jersey) Law 2008

Human Rights (Jersey) Law 2000 (Article 4 Prohibition of slavery and forced labour)

Child Trafficking Advice Centre (CTAC) - helpline for professionals dealing with potential victims of modern slavery.

National Guidance

Modern Slavery Victims: Referral and Assessment Forms

Safeguarding Children who may have been Trafficked, Non-statutory Good Practice

Guidance, Department for Education and the Home Office, 2011 Modern Slavery Helpline

Victims of Modern Slavery - Frontline Staff Guidance Version 3 (Home Office UK Visas and Immigration)

Home Office Circular - Modern Slavery Act 2015

Modern Slavery Act 2015 (UK legislation)

Modern Slavery Act 2015: Recent developments - Briefing Paper

College of Policing - Modern Slavery

NWG - Modern Slavery Human Trafficking Unit (MSHTU)

Modern Slavery: Duty to Notify Factsheets (GOV.UK)

NSPCC – Child trafficking

Unseen – Human Trafficking & Modern-Day Slavery in the UK

Modern Slavery - Royal College of Nursing

National Crime Agency (NCA) – Modern slavery and human trafficking Guidance on Appropriate Language Toolkit

NSPCC - Grooming

NSPCC - Child trafficking

Extra Reading

Article 4 cooperation to promote wellbeing Children and Young People (Jersey) Law 2022

Article 5 Where it is necessary to share information about a child to help safeguarding their welfare. Children and Young People (Jersey) Law 2022. You may share the information without consent as the right to private life is being interfered with lawfully, in a way that is proportionate to achieving a legitimate aim - the protection of health.

Article 2 Overriding Objective of the law Children and Young People (Jersey) Law 2022

Article 13 Health and Development Need Children and Young People (Jersey) Law 2022

Article 28 Children and Young People (Jersey) Law 2022), you may share the information without the consent of the individual whose information is being shared, if you consider the information is necessary to fulfil functions related to this purpose and if there is a legitimate aim for doing so, such as the protection of health.

Government of Jersey Jersey’s Children First Training and guidance

Government of Jersey Children and Young People’s Plan

Discrimination Jersey Law 2013

Government of Jersey Participation Standards for Children and Young People

Children’s Commissioner for Jersey Making Children’s Rights a Reality in Jersey: A Children’s Rights Approach