Child Protection Guidance 2021

Part 4: Specific support needs and concerns 192 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 Independent Child Trafficking Guardians 4.350 The Scottish Guardianship Service provides a Guardian to unaccompanied asylum-seeking and trafficked children and young people in Scotland. The Guardians provide assistance and support in navigating the complex welfare, care, immigration, asylum and trafficking systems, often in a foreign language. The Guardian can advocate for children in engaging with the various authorities, and can speak on the child’s behalf to avoid the need for them to re-live their experiences through constant re-telling of their story to different authorities. 4.351 The Independent Child Trafficking Guardian (ICTG) service will be set on a statutory footing when current legislation is implemented. This service will be for a child under 18 years for whom a relevant authority has reasonable grounds to believe has been trafficked or is vulnerable to becoming a victim of trafficking, and for whom no-one in the UK has parental rights or responsibilities. This will put the role of the Guardian on statutory footing with other support services. International research has shown that unaccompanied and trafficked children benefit enormously from guardianship arrangements. Effective response to child trafficking and exploitation depends on a child protection response 4.352 Protocols, developed though Child Protection Committees, should emphasise the following matters: • central and immediate focus on the child’s safety, health and wellbeing • practitioner awareness of indicators of potential abuse across agencies • provision of a guardian for eligible children • inter-agency systems that support identification and recording • sufficient awareness of legal framework within core agencies • prompt inter-agency referral discussion and response • referral to the NRM following Scottish Child Protection processes (including IRD) • consideration of the use of interpreters • consideration of support needs of children who may be traumatised • prevention and disruption of trafficking • rigorous prosecution of offenders • provision of assistance and support for victims • protecting victims’ rights in criminal proceedings 4.353 The Human Trafficking and Exploitation (Scotland) Act 2015 (Part 4) makes provision for Trafficking and Exploitation Prevention Orders (TEPOs), and Trafficking and Exploitation Risk Orders (TEROs). TEPOs can impose prohibitions or requirements on those who have committed a trafficking or exploitation offence, or who may commit such an offence, as well as those who in certain circumstances were acquitted of such an offence or who were found to be unfit for trial. TEROs may be imposed in respect of adults where there is a risk that the adult may commit a relevant trafficking or exploitation offence. TEPOs and TEROS could impose prohibitions or in relation to Scotland or elsewhere and could include other prohibitions e.g. on foreign travel. Resources and References – Trafficking and CCE