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

3. Roles and responsibilities

3.1 The National Referral Mechanism and its decision-making process

The National Referral Mechanism (NRM) is the UK-wide system designed to identify people who may be victims of human trafficking or exploitation. The UK Government oversees the operation of the NRM. Within the NRM two Competent Authorities handle all decision-making: the Single Competent Authority (SCA) and the Immigration Enforcement Competent Authority (IECA). Where a potential victim of trafficking is identified by an organisation categorised as a First Responder, they will be referred by that organisation to the NRM. The SCA and IECA make all NRM decisions. Adults must give their consent to be referred to the NRM, however children (defined as under 18) should always be referred.

Reasonable grounds decision: This is the initial decision made by a Competent Authority (either the SCA or the IECA) after a referral is submitted to the NRM. It is based on preliminary evidence and determines whether there are reasonable grounds to believe that the individual may be a victim of human trafficking or slavery, servitude and forced or compulsory labour. If a positive reasonable grounds decision is made, the Scottish Ministers must provide the support they consider necessary to meet the needs of the adult, either for 90 days or until a conclusive grounds decision is made, whichever comes sooner.

Conclusive Grounds Decision: This is the final decision made after further consideration and, if necessary, gathering of evidence. It determines, on the balance of probabilities, whether the person is a victim of human trafficking or slavery, servitude and forced or compulsory labour.

The Competent Authorities may request additional information from First Responders or support providers during both stages of decision-making to inform their assessment.

3.2 Local Authorities in Scotland

Local Authorities in Scotland are designated as First Responders and can refer potential victims into the NRM. They have statutory safeguarding responsibilities across different pieces of legislation, including:

• child protection (Children (Scotland) Act 1995)
• adult support and protection (Adult Support and Protection (Scotland) Act 2007)
• Adults with Incapacity (Scotland) Act 2000
• housing and homelessness services (Housing (Scotland) Act 1987, Housing (Scotland) Act 2001)
• wider safeguarding duties (Social Work (Scotland) Act 1968, National Guidance for Child Protection in Scotland 2021 – updated 2023).

Effective support depends on strong cross-sectoral and inter-agency coordination. COSLA has developed guidance to assist local authorities in responding to human trafficking and exploitation.

3.3 First Responder Organisations that are not local authorities

Scotland’s non-local authority First Responder Organisations include Police Scotland, certain parts of Home Office (Border Force, UK Visas and Immigration and Immigration Enforcement), the Gangmasters and Labour Abuse Authority (GLAA) and some third sector organisations.

3.4 The Independent Child Trafficking Guardian (ICTG) service

The Independent Child Trafficking Guardian (ICTG) service, known in Scotland as Guardianship Scotland, provides specialist support to children who may have been a victim of, or may be vulnerable to becoming a victim of, human trafficking, that have no parental guardian in the UK.

Under Section 11 of the Human Trafficking and Exploitation (Scotland) Act 2015, children who meet these criteria are considered eligible for support. Local authorities have a duty to refer eligible children to Guardianship Scotland as soon as reasonably practicable.

Guardians provide support to children and young people under the age of 18. However, in certain circumstances, support can continue up to the age of 26, in line with other continuing care and aftercare provisions applicable to formerly looked after children under the Children (Scotland) Act 1995. This extended support may be necessary, for example, if a young person is still awaiting a decision from the Home Office on their NRM claim or asylum case when they turn 18.

Guardians play a vital role in supporting children and young people. Their functions include, but are not limited to:

• helping young people navigate complex systems, including trafficking support, asylum, welfare, criminal justice, and age assessment process
• working collaboratively with professionals across services to safeguard children and ensure their needs are met
• upholding children’s rights by listening to their views, representing their interests, and acting as advocates on their behalf.

Guardianship Scotland is currently delivered on behalf of the Scottish Government through a partnership between Aberlour and the Scottish Refugee Council. Further information about the Service, including guidance on how to make a referral, can be found on the Aberlour website.

3.5 Ensuring immediate safety

The safety, protection and immediate care of a potential victim should be prioritised at all times.

Organisations should follow their organisational safeguarding procedures when they identify a potential victim of human trafficking and exploitation. In most cases, where there is an immediate risk of harm to the potential victim, the police should be contacted by calling 999. Where the potential victim is a child, the local authority with safeguarding responsibility must be contacted – please see section 4.2 for more information on child victims.

If the adult consents, an NRM referral can also be submitted.

All potential victims should be supported to access emergency medical care (see medical treatment, assistance and counselling). Adult potential victims at risk of destitution are eligible for emergency accommodation.

3.6 Information sharing, confidentiality and record keeping

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 provide a framework to ensure that personal information is processed appropriately.

Support providers should ensure that victims fully understand their data protection rights and this should be presented in the form of a Privacy Notice. The Privacy Notice should outline the information that will be collected, who the data will be shared with and why.

Practitioners working alongside victims are not expected to have the same level of knowledge as data protection officers or information governance leads, but should be trained in data protection and be required to refresh this knowledge at regular intervals. Practitioners should understand when and how it is appropriate to share information, and when they may need to seek further advice. Resources on the website of the Information Commissioner’s Office may be useful. If there is uncertainty around what information can be shared, support providers should seek advice from the Data Protection Officer in their organisation.