Support for adult victims of trafficking and exploitation - guidance: consultation analysis

2. Common and cross-cutting themes

Several overarching and cross-cutting themes emerged throughout the comments to the consultation questions. These themes have been summarised in this section of the report rather than summarising them separately under each question. These themes are:

A need for improved transparency

Across Questions 4-6, 12 and 15 many respondents called for improved transparency within the guidance. Some respondents suggested that the overall decision-making process, across a broad range of support functions, was unclear and required more detail. Respondents stated that roles and responsibilities within the decision-making framework were not sufficiently defined and as such it was unclear who was responsible for assessing eligibility or for making decisions across key components of support such as accommodation and financial assistance.

Respondents raised concerns that there was also an absence of information on the criteria upon which decisions would be based, the evidence required, as well as the support that would be provided to victims when requesting assistance. Respondents also noted that the guidance references the requirements for needs assessments to be carried out but there is a lack of detail, including the criteria that would inform these assessments.

Across the range of victim support components, many respondents identified the absence of an appeal route for support decisions as a key pillar which should be included in the final guidance. An appeals process for decisions taken in relation to victim support should set out who would consider the appeal.

Respondents stated that the guidance should provide greater clarity about victim entitlements to support. They found the use of conditional language such as ‘may’ and ‘should’ makes it difficult to distinguish between mandatory and discretionary assistance, resulting in uncertainty about what support is to be provided. It was suggested that a clearer distinction between statutory duties, expected practice and discretionary support would assist in managing expectations and support more consistent delivery. There were also calls across many questions for providing practical information on how to help victims access services and support when barriers to services made access difficult.

The need to include consideration of the impact of trauma on victims throughout the Guidance

Another theme that emerged from a number of responses was a call for the Guidance to explicitly recognise the impact of trauma on victims, both as an overarching principle informing the Guidance as a whole and as a cross-cutting issue reflected throughout its various sections. Several responses suggested that the Guidance needed to strengthen its trauma-informed focus. The current language is largely service-oriented and does not fully reflect the impact trauma can have on a victim’s ability to understand, retain, and act on information. Responses identified various ways in which a trauma-informed approach should inform different aspects of service provision, the ways in which victims are able to engage with services as well as the way in which communication with victims needs to happen. Some respondents suggested that the Guidance should incorporate advice, such as the Trauma Informed Code of Conduct, on how practitioners can support victims in a trauma-informed manner. Responses also suggested that the guidance assist professionals in understanding why a potential victim’s trauma might mean that they may be reluctant or unable to disclose details of their experience during their recovery.

It was pointed out that to be trauma‑informed and person‑centred, victims must be active participants in decisions about their support. The Guidance should make clear that support planning must be a joint process in which victims identify their own needs and priorities and where they have the opportunity to be active participants in making decisions about their recovery.

There were also concerns expressed that mental health and specialist support are not given sufficient prominence despite their importance to recovery.

The need to specifically address transition processes in the Guidance as points of vulnerability and risk

Many respondents requested greater recognition of victim transition points throughout the guidance. This included transition from child to adult, exiting Support for Adult Victims of Trafficking in Scotland (SAVTS) accommodation or support, with each transition in a victims’ journey recognised as a point of significant vulnerability.

Respondents suggested that more information should be provided on the transition from child to adult support for individuals who reach adulthood while in the National Referral Mechanism (NRM), supported by principles to guide this process. Respondents suggested that consent arrangements in relation to the NRM for children approaching the age of 18 should be set out, including responsibilities for obtaining transition consent and the support and advice available to young people during this process. They would want to the guidance to provide greater clarity in relation to 16- and 17-year-olds and consideration of alignment with existing legislation in relation to children and young people. Some respondents highlighted the position of age-disputed children and stated that the guidance should clarify the presumption of age under section 12 of the Human Trafficking and Exploitation (Scotland) Act 2015, specifically in relation to the support that should be provided to an individual while an age assessment is undertaken.

Many respondents were clear that the multiple transition points within an individual’s recovery journey created uncertainty and vulnerability. They suggested, therefore, that the guidance should not assume transitions from SAVTS accommodation /support to asylum accommodation or access to mainstream support as routine pathways as this may not take account of the vulnerability such steps can create. They considered that the guidance should clearly set out responsibilities for trauma-informed transition planning, identifying who is responsible for supporting access to other services and ensuring support from other systems is in place to avoid gaps in provision. Some commented that the Guidance offers an opportunity to set out when transition planning begins, who is responsible for leading the process and what must be in place before a person leaves specialist trafficking support.

The need for the guidance to be accessible and trauma-informed for both victims and a practitioners

There was strong support for creating a version of the guidance specifically for victims that uses plain language, is clear and trauma-informed. Respondents noted that the guidance was challenging in terms of accessibility due to the high overall volume of text alongside lengthy sections covering specific, complex areas. It was suggested that the guidance should be considered through a trauma-informed lens alongside a number of other measures including:

• breaking some paragraphs into shorter sections of text
• significantly increase the use of visual aids, including flowcharts
• removal of jargon and other language that is difficult to understand
• insert more practical and user-friendly navigation tools
• a need to balance detail, accessibility and trauma-informed practice.

There was particularly strong support for increasing the use of visual aids. Respondents considered these to be a useful way of improving the audiences’ understanding of processes, decision-making and responsibilities. This was particularly relevant for those using the guidance who were not human trafficking experts and may need to quickly understand the pathways available.