Adult victims of human trafficking and exploitation: guidance on support - consultation

Glossary/Definitions

• Human trafficking: The action of recruiting, transporting/transferring, harbouring or receiving, exchanging or transferring control over another person, including children and young people, with a view to that person being exploited. Movement is not required and an offence can take place wholly in Scotland or the United Kingdom (UK).
• Exploitation: Taking advantage of someone, in particular the act of taking unjust advantage of another for one’s own benefit.
• Modern slavery: A term used to describe several types of exploitation including human trafficking, slavery, servitude, and forced or compulsory labour.
• Adult at risk: The definition of an adult at risk as per Adult Support and Protection legislation in Scotland includes people aged 16 years and over with disabilities, mental disorders, illness, or physical or mental infirmity and who are at risk of harm from themselves or others and who are unable to safeguard themselves. Where a young person under 18 is at risk of harm, the National Guidance for Child Protection in Scotland (2021) is relevant, alongside local procedures for sharing information across children’s and adult services.
• Asylum seeker/person seeking asylum: A person who has made an application to the United Kingdom (UK) government for international protection (asylum) under the 1951 UN Refugee Convention and is waiting to receive a decision from the Home Office on their application or from a court in relation to an appeal.
• Child: Any person under 18 years of age. However, the definition of an adult at risk as per Adult Support and Protection legislation in Scotland includes people aged 16 years and over with disabilities, mental disorders, illness, or physical or mental infirmity and who are at risk of harm from themselves or others. Where a young person under 18 is at risk of harm, the National Guidance for Child Protection in Scotland (2021) is relevant, alongside local procedures for sharing information across children’s and adult services.
• Competent Authorities: The Home Office bodies that are responsible for taking decisions on cases referred to the National Referral Mechanism (NRM) about whether the cases are recognised as confirmed victims of human trafficking or slavery, servitude and forced or compulsory labour.
• Conclusive Grounds (CG) decision: A decision taken by a competent authority as to whether, on the balance of probabilities, a person is a victim of human trafficking or slavery, servitude and forced or compulsory labour.
• First responder: An authority that is authorised by the Home Office to refer a potential victim of human trafficking into the National Referral Mechanism (NRM).
• National Referral Mechanism (NRM): The UK-wide framework for identifying victims of human trafficking and ensuring they receive appropriate support.
• Perpetrator(s): The individual(s) responsible for human trafficking and exploitation.
• Potential victim of trafficking: A person who may be a victim of human trafficking at any stage of identification prior to a conclusive grounds decision via the NRM.
• Pro bono: professional work, often legal services, undertaken voluntarily or free of charge
• Reasonable grounds (RG) decision: The initial decision taken by the competent authority that there are reasonable grounds to believe, based on all available general and specific evidence but falling short of conclusive proof, that the person is a victim of human trafficking or slavery, servitude and forced or compulsory labour.
• Refugee: A person who has been recognised as having a well-founded fear of persecution in their country of origin for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside their country of nationality, and is unable or unwilling to avail themselves to the protection of that country and is unable or owing to such fear, is unwilling to return to it, under the 1951 UN Refugee Convention definition.
• Serious organised crime: Crime which involves more than one person; is organised, meaning that it involves control, planning and potentially use of specialist resources; causes, or has the potential to cause significant harm; and involves financial or other benefit to the individuals concerned.