Modern Slavery and Human Trafficking Toolkit

This document is produced in partnership with North Yorkshire and the City of York, Modern Slavery group. A PDF version of this document is available to download at the bottom of the page.

The purpose of this Modern Slavery Toolkit

This Modern Slavery Toolkit has been developed to equip all partner organisations, and First Responders across North Yorkshire and the City of York, to recognise modern slavery and/or human trafficking, and report concerns about a child, young person, or adult at risk, who is at risk of, or is being exploited or trafficked, and to respond appropriately.

First Responders will report modern slavery via the National Referral Mechanism (NRM) which will assist the person’s access to support, such as recovery and reflection period of at least 45 days, safe accommodation, assistance and advice.

Details of how to raise a concern are covered in Chapter 10 of this document.

1. Modern Slavery

2. Risk factors, warning signs and locations of concern

3. Barriers to survivor co-operation

4. Key Investigative Considerations

5. Information for Police

6. Clandestine entry, people smuggling and illegal migrants

7. The National Referral Mechanism (NRM)

8. Crime recording

9. Legislation, the law and civil orders

10. How to report a concern about Modern Slavery

11. Contacts – Local and National Organisations

12. Further Information and Resources

1. Modern Slavery

What is Modern Slavery and Human Trafficking?

Modern slavery and Human Trafficking are crimes in which children, young people and adults at risk are treated as commodities and exploited for criminal gain. It is a global issue which transcends age, gender, ethnicity, and borders. People at risk of modern slavery or exploitation may have been brought legally or illegally from overseas, or they may be British citizens living in the United Kingdom.

Data on Modern Slavery

Statistics from the National Referral Mechanism, (2023), highlighted the following.

17,004 people believed to be experiencing modern slavery were reported to the government. This is enough to fill a football ground. NRM stats for 2023

The most prevalent form of adult modern slavery reported in 2023 was labour exploitation, while the primary form of child modern slavery reported was criminal exploitation involving county lines. NRM stats for 2023

UK nationals were the most common nationality among those believed to be experiencing modern slavery. NRM stats for 2023

Children with special educational needs (SEN) are up to five times more likely to be expelled from school than those without, placing them at increased risk of being targeted for exploitation. Gov.uk 2023

The true extent of modern slavery in the United Kingdom and globally is unknown, but it’s estimated there were over 50 million people living in modern slavery in 2021. With 1.8 in every 1000 living in modern Slavery in the UK. World | The Global Slavery Index (walkfree.org)

Definitions

The Modern Slavery Act 2015 covers both the holding of a person in a position of slavery, servitud,e forced or compulsory labour AND Human Trafficking which involves moving a person for the purpose of exploitation (sexual exploitation, forced labour, forced criminality, organ donation, servitude or slavery).

Section 1 of the Modern Slavery Act 2015 states:

1(1) A person commits an offence if – The person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or The person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

Section 2 of the Modern Slavery Act 2015 states:

2(1) A person commits an offence if the person arranges or facilitates the travel of another person with a view of [the victim] being exploited. It is irrelevant whether [the victim] has consented to the travel; it is the intent that is relevant

Slavery: The status or condition of a person over any or all of the powers attaching to the rights of

ownership is exercised (in essence treating a person as an item of “property” that you can do whatever you want with/to).

Servitude: An aggravated form of Forced or Compulsory Labour the fundamental distinguishing feature is in the victim feeling that their condition is permanent and unlikely to change.

Forced labour: Victims are forced to work against their will, often working very long hours for little or no pay in dire conditions, under verbal or physical threats of violence to them or their families.

Sexual exploitation: Victims are forced to perform non-consensual or abusive sexual acts against their will, such as prostitution and pornography. Whilst women and children make up the majority of victims, men can also be sexually exploited.

Forced criminality: Victims are forced or coerced into committing crimes such as cannabis cultivation, pick pocketing, shoplifting and begging.

Organ donation: Victims may be recruited through deception, not being fully informed as to the nature of the procedure, the recovery and the impact of the organ removal on his or her health. Their consent may also be obtained through coercion or abuse of a position of vulnerability.

Debt bondage: Victims are forced to work to pay off debts that realistically they will never be able to pay off. Low wages and arbitrary deductions mean not only that they cannot ever hope to pay off the loan, but that the debt may increase or be passed down to their children.

The internationally accepted definition of Human Trafficking (Palermo Protocol) involves 3 component parts (for adults):

The terms ‘human trafficking ‘and ‘modern slavery’ are often used interchangeably. However, there is a distinction: the Modern Slavery Act differentiates human trafficking offences from offences of slavery, servitude and forced or compulsory labour. The government has described the difference as follows:

For a person to have been a victim of human trafficking there must have been;

For a person to have been a victim of slavery, servitude and forced or compulsory labour there must have been:

Action (recruitment, transportation, transfer, harbouring or receipt, which can include either domestic or cross border movement) Means (threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability – however, there does not need to be a means used for children as they are not able to give informed consent) Purpose of exploitation (e.g. sexual exploitation, forced labour or domestic servitude, slavery, financial exploitation, illegal adoption, removal or organs)

Means (being held, either physically or through threat of penalty – e.g. threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability. However, there does not need to be a means used for children as they are not able to give informed consent) Service (an individual provides a service for benefit, e.g. begging, sexual services, manual labour, domestic service)

Child Criminal Exploitation, County Lines and Forced Criminality

Child Criminal Exploitation (CCE) is not yet defined in law, though the government’s Serious Violence Strategy defines it as occurring where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18 into any criminal activity:

• in exchange for something the victim needs or wants

• for the financial or other advantage of the perpetrator or facilitator

• through violence or the threat of violence

County Lines is a common form of child criminal exploitation. Gangs and organised criminal networks are involved in exporting illegal drugs around the UK (often from urban to rural areas, although this can happen within the same county) using dedicated mobile phone lines or other forms of a ‘deal line’ and they exploit children and vulnerable adults to move and store drugs and money. They will often use coercion, intimidation, violence (including sexual violence) and weapons. Children can also be criminally exploited in other ways, such as theft, acquisitive crime, knife crimes and other forms of criminality and exploitation

(Home Office Disruption Toolkit Child exploitation disruption toolkit (publishing.service.gov.uk)

Forced Criminality

County Lines and Child Criminal Exploitation are not expressly mentioned in the definition of Modern Slavery and Human Trafficking, they fall within the scope of “Forced Criminality”. The definition of “Forded Criminality” is taken from the International Labour Organisation which is centred upon the “involuntary” nature of the act coupled with a “threat of penalty”.

This can be a little confusing when it comes to County Lines and CCE as it implies that a child needs to be forced, threatened, or coerced into committing a crime before they can be considered to be a victim. This is NOT the case as, legally, a child CANNOT consent to their own exploitation. When it comes to determining whether a child has been exploited, the following must be determined.

Have they been recruited, transported, transferred, harboured or received (The ACT); AND

Have they been criminally exploited i.e. has the child committed the crime for the benefit of another (The PURPOSE)?

Child Sexual Exploitation

Child Sexual Exploitation (CSE) is a form of child sexual abuse. It occurs when an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity in exchange for something the victim needs or wants, and/or for the financial advantage or increased status of the perpetrator or facilitator.

The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact, it can also occur through the use of technology (Home Office Disruption Toolkit) Child exploitation disruption toolkit (publishing.service.gov.uk)

It is important to remember the clear link between Child Sexual Exploitation and Modern Slavery. The Modern Slavery Act 2015 provides effective legislation to tackle CSE, and potential victims should be referred to the National Referral Mechanism. Again, it is important to note that a child cannot consent to their own exploitation and therefore the Act and the Purpose need only be ascertained (see diagram above).

2. Risk factors, warning signs and locations of concern

Risk factors of modern slavery

Anyone, regardless of age, gender, ethnicity and sexuality, can be at risk of modern slavery. However, traffickers or modern slavery facilitators often target people at risk of exploitation as they are easier to manipulate and coerce.

Vulnerable groups may include.

People with lower incomes and people experiencing poverty.
People experiencing loneliness and/or social isolation.
People experiencing homelessness or experiencing housing insecurity
People who may be missing or may frequently go missing.
People experiencing harms associated with substance use or/ people dependent on alcohol or drugs.
People with limited educational background, or no access to education
Care-experienced Young People.
People experiencing mental ill health, physical ill health, learning difficulties or neurodiversity, or physical disability.
People experiencing domestic abuse
People who have insecure migration status or are seeking asylum.
People who may have previously been a victim of Modern Slavery or Human Trafficking. Young people who are at risk of or experiencing exploitation.
Sex workers
Women and girls often go unseen and may experience multiple vulnerabilities, trauma, and unmet needs, and often face violence, intimidation, sexual abuse, and criminal and/or sexual exploitation. They are often recruited as they are believed to be less likely to attract the attention of police and they can be made to fulfil several roles in the group, from administrator and organiser to girlfriend or sexual partner. Exploitation can be overlooked as they may not fit into society’s idea of what a “victim” should be.
Unaccompanied asylum-seeking children and young people.
People who have witnessed/experienced domestic abuse
People who have experienced child abuse/child neglect historically

Modern slavery warning signs

Taken from Modern Slavery: Statutory guidance Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) – GOV.UK (www.gov.uk)

To identify a potential victim of modern slavery, frontline practitioners who might encounter a potential victim should be familiar with the indicators. In practice it is not easy to identify a potential victim – there are many different physical and psychological elements to be considered as detailed below.

In determining whether a person has been subjected to slavery, servitude or forced or compulsory labour, regard may be had to all the circumstances including any of the person’s personal circumstances, such as the person’s age, the person’s family relationships, and any physical or mental disability or illness, that significantly impair the person’s ability to protect themselves from being subjected to slavery, servitude or forced or compulsory labour.

It is important to remain observant of signs of physical injuries, health conditions and psychological trauma. However, it should also be noted that physical injuries, psychological problems and illnesses may not be visible in many cases and may not be easily disclosed by victims. For those who have been both physically and psychologically abused over prolonged periods, the physical and psychological complaints are deeply entwined.

The indicators below are relevant to both child and adult victims of modern slavery.

General Indicators of modern slavery

A person with lived experience may

Believe that they must work against their will
be unable to leave their work environment or home environment
show signs that their movements are being controlled (e.g., always accompanied by a minder, or are being closely monitored through devices/technology)
feel that they cannot leave
show fear or anxiety
be subjected to violence or threats of violence against themselves or their family members and loved ones
suffer injuries that appear to be the result of an assault (including sexual assault)
suffer injuries or impairments typical of certain jobs or control measures
suffer injuries that appear to be the result of the application of control measures
be distrustful of the authorities
be threatened with being handed over to the authorities
be afraid of revealing their immigration status
not have their passports or other travel or identity documents, as those documents are being held by someone else
come from a place known to be a source of human trafficking
have had the fees for their transport to the country of destination paid for by facilitators, whom they must pay back by working or providing services in the destination
have a false identity or travel documents (or none at all)
be found in or connected to a type of location likely to be used for exploiting people
be unfamiliar with the local language
Do not know their home or work address
allow others to speak for them when addressed directly
act as if they were instructed by someone else
be forced, threatened or deceived into working in poor conditions
be disciplined through punishment
be unable to negotiate working conditions
receive little or no payment
have no access to their earnings or bank account
work excessively long hours over long periods
Do not have any days off
live in poor or substandard accommodations
have no access to medical care
have limited or no social interaction
have limited contact with their families or with people outside of their immediate environment
be unable to communicate freely with others
be under the perception that they are bonded by debt
be in a situation of dependence
have acted on the basis of false promises

Physical Indicators

physical injuries – these may have unclear explanations as to how or when they were sustained, they may be untreated, or partially treated, or there may be multiple or unusual scars or healed fractures, or injuries of a sexual nature i.e., indicative of frequent forced sexual intercourse.
work-related injuries – often through inadequate personal protective equipment or poor health and safety
physical consequences of captivity, neglect, poor environmental conditions – for example, infections including tuberculosis, chest infections or skin infections, malnutrition and vitamin deficiencies or anaemia
neurological symptoms – for example, headaches, dizzy spells, poor memory, poor concentration, problems with cognition, post-traumatic epilepsy
dental problems – from physical abuse and/or neglect of dental hygiene
deterioration of pre-existing chronic medical conditions – these may be untreated (or poorly treated) chronic conditions such as diabetes, hypertension or cancers
cardiovascular or respiratory symptoms – often chest pain, palpitations, breathlessness (may be due to anxiety, but poor health in victims means that such symptoms need exploring)
gastrointestinal symptoms – abdominal pain or health conditions related to swallowed, internally placed or ruptured packets of illegal substances
non-specific symptoms – fatigue, weight loss, fainting
chronic pain – this can be from specific injuries or may be more generalised – “all over body pain”. Exacerbated by lack of sleep and stress. Maybe psychosomatic
medically unexplained symptoms – symptoms without an identifiable physical cause are common, and can be non-specific such as headaches, dizziness or back pain, or may be related to trauma to a particular part of the body, for example, abdominal pain in rape victims
disfigurements – cutting, burning, or branding may be used as a means of punishment or to indicate ownership by exploiters. Victims are sometimes forced to undergo cosmetic procedures, for example, breast implantation, and use of skin-lightening creams. Disfigurement can also be the result of self-harm and attempted suicide
post-operative pain – infection or scarring from organ harvesting, particularly of a kidney

Psychological Indicators

Trauma can manifest in many ways, and this could be as a mental health problem, for example, anxiety, low mood or suicidal thinking. Victims may also have diagnosable psychiatric disorders such as post-traumatic stress disorder (PTSD), complex PTSD, depressive disorders, anxiety disorders and adjustment reactions. Symptoms may be worsened by exacerbating factors, such as significant sleep deprivation and malnutrition. Psychological indicators of modern slavery may include:

expression – of fear or anxiety
depression – lack of interest in engaging in activities, lack of interest in engaging with other individuals, hopelessness
isolation or alienation
attachment and identity issues – can create detachment from others or an over-dependence (or both). This can include a dependency on exploiters
an inability to regulate emotions – for example, a persistent shifting between sadness, forgiveness, anger, aggression, frustration and/or emotional detachment or emotional withdrawal
difficulties with relationships – difficulties with trusting others (either lack of trust or too trusting) causing difficulties in relationships and difficulties assessing/addressing risks or warning signs in relationships
loss of autonomy – for example, difficulty in making simple decisions, tendency to acquiesce to the views/desires of others
memory difficulties – either problems with concentration/attention or poor memory for past events e.g., gaps or confusion about events
dissociative episodes and re-experiencing phenomena such as flashbacks
other indicators may include:
- hostility
- aggression
- difficulty concentrating
- self-harm
- suicidal ideation
- an attitude of guilt, self-blame, shame or low self-esteem
- psychosis or the presence of hallucinations and delusions
- substance misuse and addictions

Situational or Environmental indicators

It is important to also know about the situational and environmental signs that can indicate a person is being exploited and is a victim of Modern Slavery.

withheld passports or identity documents, contracts, payslips, bank information, health records
lack of information about rights as workers in the UK as well as support and advice services
lack of information about a person’s rights as a visitor in the UK or a lack of knowledge about the area they live in the UK
acting as if coerced or controlled by another
going missing for periods
fearful and emotional about their family or dependents
limited English, for example only having vocabulary relating to their exploitative situation
restriction of movement (noting that victims are not often ‘locked- up’ but movement can be restricted) or being held in isolation
withholding wages (including deductions from wages)
debt bondage
abusive working and/or living conditions
excessive overtime

Child-specific indicators

Children may be victims of child sexual exploitation, and/or child criminal exploitation including county lines. There are several indicators associated with these forms of exploitation and all those working with children need to be aware of them. Children may display any of the indicators above. In addition, the following child-specific indicators should be considered:

have no access to their parents or guardians (although children may be living with their parents or guardians and still be exploited)
look intimidated
behave in a way that does not correspond with behaviour typical of children their age, especially sexualised behaviours.
have friendships/relationships with older peers or adults
frequently missing or late to education if they are accessing education
have no time for playing or cannot play.
live apart from other children and in substandard accommodation
eat apart from other members of the “family”
be given only leftovers to eat
be engaged in work that is not suitable for children
travel unaccompanied by adults
travel in groups with persons who are not relatives
make frequent requests for condoms and/or emergency contraception
have possession of more than one phone
have unexplained gifts or new possessions
may be carrying large amounts of cash
may have hotel goods e.g. key cards, branded toiletries etc.
may have travel documents e.g. train, and bus tickets, for areas that they have no apparent connection to.

The following might also indicate that children have been trafficked:

the presence of child-sized clothing typically worn for doing manual work or forced prostitution
the presence of toys, beds and children’s clothing in inappropriate places such as brothels and factories
the claim made by an adult that he or she has “found” an unaccompanied child
the finding of unaccompanied children carrying telephone numbers for calling taxis
the discovery of cases involving illegal adoption

Locations of concern regarding modern slavery

Modern slavery operates in a variety of public and private locationshowever, low-paid, poorly regulated, labour-intensive industries are particularly susceptible. These industries may include construction, food packaging and processing, agriculture and fisheries, restaurants and takeaways, hand car washes, nail bars, and care homes.

Brothels and Adult Service Websites (ASWs) may also be used to facilitate sexual exploitation (it must be noted that the internet has allowed many sex workers to work safely and independently and that only a minority of sex workers are victims of Modern Slavery). Many brothels operate out of short-term or holiday lettings and hotel rooms. These are often referred to as “pop-up brothels” (a brothel requires 2 or more persons working from the same premise, even if they’re not working at the same time). The victims work out of these locations for just a few days, generating custom via adverts placed on Adult Services Websites before moving on to a new location, often in a different town.

Whilst particular industries e.g. hand car washes and nail bars are frequently discussed in the context of Modern Slavery, it is important that we understand our own communities and recognise that Modern Slavery may manifest itself in a very localised manner.

Modern Slavery, Trafficking, County Lines, criminal exploitation and serious violence is not only limited to the most deprived parts of inner-city Britain but can stretch to small rural villages. Rural market towns could also be lucrative import areas for County Lines, as these are seen as relatively low risk for perpetrators of exploitation compared to more traditional urban export cities. It is also important to recognise that it is not always gangs from large urban cities that may target young people; local crime groups, using the same recruitment strategies as their larger counterparts, may also target and exploit local people.

3. Barriers to victim cooperation

The barriers to victim cooperation and disclosure are significant and should not be underestimated. Building trust and developing a rapport with the potential victim is often key, but this can take days, weeks, months and even years to achieve! In many cases, victims of Modern Slavery do not consider themselves to be victims, particularly if they come from a low-income background.

It is also important to remember that psychological and emotional abuse/coercion can be very difficult to evidence and outwardly, victims may appear to be making free and independent choices, yet this psychological and emotional abuse/coercion can be just as effective as physical and visible controlling mechanisms.

Barriers to disclosure/co-operation

the fear of being beaten, raped or even killed at the hands of their traffickers if they were to ask for help
believing that UK law enforcement is corrupt, ineffective or disinterested in their circumstances
where the victim is an illegal immigrant, believing that UK law enforcement will pursue
legal migration status
their deportation rather than prioritising the investigation into the abuse and exploitation they’ve been subjected to
reprisals against family members or from an employer
discrimination from their community, families and religious groups (e.g., being viewed as a prostitute rather than a victim of multiple rapes)
the fear of stigma or shame
situational dependency and a lack of awareness of the help and support available
victims may feel responsible for their situation/may have consented to elements of their exploitation i.e., knowing that they were coming to the U.K. to be a sex worker but NOT knowing the conditions they’d be subject to
cultural differences i.e., children may see themselves as “young adults” with a responsibility to help provide for their family
fear of juju or witchcraft ceremonies (One Minute Guide: Child Abuse linked to Faith or Belief including Witchcraft)
Stockholm syndrome. Stockholm Syndrome is a coping mechanism for a captive or abusive situation where there is emotional identification with the perpetrator.
belief that their current situation is only temporary and a stepping stone to a better future
people experiencing trauma

Many Modern Slavery victims have been subject to unimaginable abuse and exploitation. The trauma that they’ve been subjected to may make it difficult for a victim to accurately recall events. There may be inconsistencies and contradictions in the accounts that they give and they may be hostile and aggressive towards the police and those who are trying to help them.

4. Key Investigative Considerations

Safety and Support

Address any immediate health concerns, keeping in mind forensic opportunities and the possibility of any sexual offences being disclosed
Remove victims from the place of exploitation and away from potential perpetrators
Separate but do not isolate potential victims from one another. Ensure that they are moved to a trauma-informed, accessible space.
Provide suitable alternative clothing and toiletries. Do not use forensic suits/prisoner clothing.
Provide substantial meals and refreshments but seek advice if malnutrition is suspected.
Dispel any fears or anxieties. Victims may be in fear of the Police due to corruption and bad practices in their Country of origin.
Identify a victim liaison officer who will offer continuity and consistency and help develop a rapport with the victim.
Explain the NRM process thoroughly and seek victims’ consent for referral Adults (over 18) need to consent to the NRM process. If they don’t then a duty to notify form can be completed. Children do not have to consent.
Take necessary measures to prevent the victim from going missing or being re-trafficked by arranging safe and supervised accommodation if required.

Age Assessments

In some cases, it may be unclear whether or not the victim is younger than 18. Aside from the physical, sexual or emotional abuse they may have suffered, many trafficked children and young people have been forced by their traffickers to tell a false story if they are questioned. All of these factors may impact the victim’s ability to participate fully and openly in an age assessment.

Age assessments should only be carried out where there is a significant reason to doubt that the claimant is a child, as the repeated questioning of the child or young person’s credibility and identity can leave them feeling angry and bewildered and affect the way they engage with social workers and other professionals.
Where there is uncertainty about age, a suspected victim must be presumed to be a child and be afforded special protection measures pending assessment of their age
Particular care must be given to planning accommodation for potential victims who may be at risk of going missing very soon after discovery. For example, bed and breakfast accommodation is not suitable for any child, even on an emergency basis.
The venue for age assessment interviews needs to be conducive to helping the child or young person feel safe and comfortable. Police Stations are not considered appropriate for conducting age assessments.

Age assessments are the responsibility of Children’s Social Care, they are NOT conducted by the police.

5 Information for Police

Translation and Interviews

Provide victims with access to an accredited interpreter
Consider the gender of the interpreter and any cultural issues or sensitivities
Do not use potential victims as interpreters as they could themselves be exploited, or exploited by others, even if they are being forced to.

Suspects

Consider that suspects could also be victims of modern slavery and be subject to threats and coercion themselves
Remember, exploitation includes forced criminality. For example, begging, shop theft and cannabis cultivation. Therefore, suspects who indicate that they have been exploited to commit such criminality will have a statutory defence under the S45 Modern Slavery Act 2015.
If a suspect raises a statutory defence under S45 Modern Slavery Act 2015 you should seek a disposal decision from CPS. You should not charge a suspect and simultaneously submit an NRM referral as this could lead to the punishment of a victim.
Assess the risk to the victim (s) and implement suitable control measures if a suspect is released on bail. For example, bail conditions and civil orders.

Crime Scenes

Treat victims, the locations where the exploitation occurred (including vehicles used to transport) and suspects as crime scenes. S12 MSA provides a Constable with the power to seize/detain any vehicle, boat or plane.
Commence a scene log
Consult with a Crime Scene Manager at the earliest opportunity

Evidential Items

Identity Documents: Passports, Driving Licences, and National Insurance Cards may provide evidence of forgery, identity theft and fraud.
Travel Documents: Flight and train tickets, baggage tags, travel labels, hotel bookings, taxi and petrol receipts may identify routes or points of entry. They may also help evidence the “act” of trafficking, including transportation or transfer of individuals.
Telecommunications: Contact lists, SIM cards, SMS, browsing history, navigation app data, photos, and files may all provide intelligence in relation to the wider organised crime networks and the scale of criminality involved.
Financial Documents: Credit Cards, Bank Statements, pay slips, loan agreements, benefit statements and tax credit receipts may identify opportunities for CCTV as well as identifying the flow of money and hierarchical arrangements of the organised crime group.
Employment Documents: Duty sheets, pay slips, address books, diaries, contracts, and recruitment agency papers may evidence working arrangements, locations, facilities, etc.

Spontaneous investigations should be overseen by the Duty Detective Inspector in the first instance.

6. Clandestine entry, people smuggling and illegal migrants

There is a clear distinction between people smuggling and human trafficking.

People smuggling is a voluntary process which occurs when an individual seeks the help of a facilitator to enter the U.K. illegally (or cross any other international border) and the relationship between both parties ends once that objective is met.

Human trafficking involves the ongoing exploitation of an individual. It can occur across international boundaries or internally within countries. As per the definition above, it requires an element of force, coercion, deception etc.

Despite this clear distinction, smuggled people are vulnerable people and during their journey, it’s not unusual for a smuggled person to enter, or be forced to enter into an exploitative relationship and therefore become trafficked.

Unaccompanied Migrant Children

Unaccompanied migrant children who arrive in the United Kingdom do so voluntarily, either to flee persecution and seek asylum or to pursue a better standard of living/be reunited with family members. They or their family often pay ‘agents’ to help them get into the United Kingdom (people smuggling). Some children however will arrive in the United Kingdom having been forced, threatened or deceived into doing so, with the intention that they will be exploited by someone, somewhere for something (human trafficking). Some may even have incurred a debt for the cost of their travel into the United Kingdom which needs to be repaid.

Regardless as to whether an unaccompanied migrant child has been smuggled or trafficked into the United Kingdom he/she is at potential risk of significant harm. To identify and manage this risk as far as possible, Police Officers should follow the “Operation Innerste Process Guidance whenever an unaccompanied migrant child is encountered. Click on this link here: https://www.gov.uk/government/publications/operation-innerste-process-caseworker-guidance

*Police: For further information please refer to the Operation Innerste guide on the Modern Slavery & Organised Immigration Crime share point sites*

Treatment of illegal migrants as victims

Following concerns that on occasions, individuals with no leave to remain in the U.K. had reported being the victims of serious criminality BUT were detained for immigration offences instead, the National Police Chiefs Council published the following recommendations (Oct 2018):

Fundamentally, an illegal migrant (person without leave to remain) reporting a crime to the police should be treated first and foremost as a victim of a crime.
A Police National Computer PNC check should NOT be conducted for the sole purpose of determining a victim’s immigration status, BUT it is accepted that PNC/PND (police national database/NICHE and other intelligence enquiries can be conducted to help inform risk assessments and identify investigative opportunities.
During an investigation, it is wholly appropriate to share information with Home Office Immigration Enforcement BUT the police will take NO enforcement action in respect of any immigration offences committed whilst their investigation is ongoing.

Once the police investigation has concluded, it may be appropriate to pursue the immigration offences committed. Much will depend on individual circumstances, and there may be a fine balancing act to perform. On the one hand, being the victim of a crime is not an automatic “barrier” to deportation/removal but on the other hand, some offenders prey upon the vulnerability of an individual’s illegal status and by ultimately arresting and detaining a victim (even after an investigation has been fully completed) we are potentially playing into the hands of the perpetrators who exploit their victim’s fears of being deported to not disclose the abuse that they have suffered.

7. The National Referral Mechanism

The National Referral Mechanism (NRM) & the Duty to Notify (DtN) – For adults

The National Referral Mechanism (NRM) is the national framework for identifying and referring potential victims of modern slavery and ensuring they receive the appropriate support. Any agency or organisation that suspects an adult may be a victim/at risk of modern slavery/human trafficking has a duty to report their concerns. You can do this by contacting the Modern Slavery Helpline on 0800 0121 700 or by clicking on the link to report it online:

https://www.modernslaveryhelpline.org/report

First responders:

First responders can use the National Referral Mechanism (NRM) to:

report cases of modern slavery
refer potential victims for support and protection

First responders work for designated organisations and help identify and support potential victims of modern slavery. Please refer to the National Referral Mechanism Guidance: adult (England and Wales for first responder organisations, link here: https://www.gov.uk/government/publications/human-trafficking-victims-referral-and-assessment-forms/guidance-on-the-national-referral-mechanism-for-potential-adult-victims-of-modern-slavery-england-and-wales#Section-4

Verbal consent is required for an adult to be referred to the NRM (signature no longer required). For an adult to provide their informed consent, you must explain:

• What the NRM is

• What support is available

• What the possible outcomes are for an individual being referred

You should also make it clear that information may be shared or sought by the Single Competent Authority (SCA) including from other public authorities to help them determine whether or not the individual is a victim of Modern Slavery.

If the potential victim is under 18, or may be under 18, an NRM referral must be made. Child victims do not have to provide their consent and indeed in many cases, might not even know that a referral has been made. If a child is approaching 18 it is useful to discuss future consent to remain in the NRM with them.

If an adult does not consent to entering the NRM but you still suspect that they’re a potential victim of Modern Slavery, you must submit a Duty to Notify form instead. A Duty to Notify form should never be submitted in relation to a child.

The threshold for submitting an NRM referral is LOW. You do not need to believe that an individual is a victim nor do you need any evidence, suspicion alone will suffice.

The referral process

As of November 2019, both NRM and DtN referrals must be made online at:

https://www.modernslavery.gov.uk/start

Once completed, the NRM referral will be sent to the Single Competent Authority for assessment AND a link will be sent to the submitting officer to allow him/her to download a copy of the referral form. The referrer will also receive an email receipt which can be replied to if further information needs to be provided.

An NRM referral should clearly articulate the specific concerns held for the individual. It should also:

contain enough information to allow decision-makers within the Home Office to make an informed decision.
Include relevant information held by Partners

Whilst completing the NRM referral it is important to note that the potential victim does NOT have to accept support NOR do they have to co-operate with any police investigation.

A signature from the potential victim is no longer required however consent is required otherwise a Duty to Notify (DtN) should be submitted.

The decision-making process

The NRM is a two-stage process:

1. Reasonable Grounds decision

Upon receipt of an NRM referral, the SCA have 5 working days to make a “Reasonable Grounds” decision. The threshold for this decision is:

“I suspect but cannot prove that the person is a victim of Human Trafficking, Slavery, Servitude and Forced or Compulsory Labour”

The more information that is provided at the point of referral, the easier and quicker this decision-making process can be.

A positive “Reasonable Grounds” decision is the gateway to specialist-tailored support for a minimum of 45 days (recovery and reflection period). This support may include:

Legal advice
Accommodation
Counselling
Protection

The Salvation Army nationally are responsible for providing this support and will contact the Officer in charge (OIC) who submitted the NRM referral if a positive decision is so that they can take over the care and support of the potential victim.

2. Conclusive Grounds decision

During the 45-day “recovery and reflection” period the SCA will try and gather as much information as possible to allow them to make a “Conclusive Grounds” decision. The threshold for this decision is:

“On the balance of probabilities, there is sufficient information to decide that the individual is a victim of modern slavery. “

Whilst a positive “Conclusive Grounds” decision recognises the exploitation and abuse that an individual has been subjected to, it does not confer any automatic rights i.e., to remain in the U.K., right to receive compensation etc. It does however allow the individual to apply for discretionary leave to remain in the U.K. to allow him/her to:

Assist the police investigation
To seek compensation through the courts
Access medical treatment that wouldn’t ordinarily be available in their country of origin

Further details can be accessed at the following One Minute Guide: NYSCP (safeguardingchildren.co.uk)

Children and the NRM

As stated above, children do NOT need to consent before being referred to the NRM and as consent is NOT an issue, a DtN form should never be submitted.

It is important to remember that a referral to the NRM does NOT replace or supersede established child protection processes which should continue in tandem (a child safeguarding referral should accompany any NRM referral). Under the 1989 and 2004 Children’s Acts, Local Authorities have a statutory responsibility to safeguard and protect potential child victims irrespective of their immigration status. In terms of the NRM therefore, a child referral is very much about identifying and assessing whether or not a child is a victim of Modern Slavery rather than offering any subsequent support as this is the responsibility of Local Authorities.

Independent Child Trafficking Guardians (ICTG)

Independent Child Trafficking Guardians (ICTG) are an independent source of advice for children who have been trafficked and somebody who can speak up on their behalf. Where the ICTG service has been implemented108, if the first responder considers a child to be a potential victim of modern slavery or human trafficking, they should refer them to the ICTG service. This is in addition to following usual safeguarding routes and NRM referrals. The NRM referral and ICTG referral should be made in parallel.

More information on the ICTG service in North Yorkshire can be found in the OMG NYSCP (safeguardingchildren.co.uk) and in the City of York: Newsletter (saferchildrenyork.org.uk)

Further information about submitting an NRM for a child can be accessed here: NYSCP (safeguardingchildren.co.uk) and for City of York: One Minute Guide – National Referral Mechanism (saferchildrenyork.org.uk)

Accommodation for the victim in North Yorkshire and the City of York

To address the gap in victim support, the North Yorkshire Council and City of York Council Housing departments have agreed to provide emergency safe, appropriate accommodation for potential victims of Modern Slavery who have consented to enter the NRM and are awaiting a reasonable grounds decision (5 working days).

In such circumstances, officers are required to complete the pre-NRM emergency accommodation form (found on the Modern Slavery interval share point site) and during office hours, contact the relevant Local Housing Authority utilising the details on the Pre-NRM emergency accommodation contact form (also on the Modern Slavery share point site).

Out of hours, the form should be completed and contact made with EDT who will fulfil this responsibility for all geographic areas. In the event of a positive NRM decision being reached, the Single Competent Authority will automatically notify the Salvation Army who in turn, will then contact the Officer in Charge (OIC) to make suitable arrangements to take over responsibility for accommodating and supporting the potential victim.

Remember that there is a duty of care towards any potential victim of modern slavery regardless of whether they have identified themselves as such, or whether they have consented to enter the NRM.

8. Crime Recording

The Home Office Counting Rules for Recorded Crime (April 2019) stipulate that:

All NRM and DtN referrals made by the police must be subject of a recorded crime of Modern Slavery unless it is determined that the Modern Slavery occurred outside England and Wales.

All NRM referrals received by the police from the Single Competent Authority (SCA) (those that have been submitted by other first responders) must be subject of a recorded crime of Modern Slavery if a positive “Reasonable Grounds” decision has been reached.

Tactical options in dealing with modern slavery

Aside from arresting perpetrators for offences committed under the Modern Slavery Act 2015, numerous other options and tactics can be used to disrupt, deter and prosecute Modern Slavery perpetrators.

A number of these options have been detailed in National Working Group (NWG) /BARNADO’s: Criminal, Civil and Partnership Disruption Options for Perpetrators of Child and Adult victims of Exploitation.

These tactics include:

Slavery and Trafficking and Risk Orders
Domestic Violence Prevention Notices and Orders
Forfeiture Orders
Sexual Harm Prevention and Risk Orders
Criminal Behaviour Orders
Community Protection Notices
Emergency Protection Orders and Police Protection
Civil Injunctions
Restraining Orders
Non-Molestation Orders
Child Abduction Warning Notices

In addition to the tactics detailed in the National Working Groups Child Exploitation Disruption Toolkit, there are specific pieces of legislation, many of which fall within the skills and experience of our partners that we can consider including:

The National Minimum Wage Act 1998
The Housing Act 2004 (governing conditions in relation to Houses of Multiple Occupancy)
Section 179 Licensing Act 2003 (rights of entry to investigate licensable activity and immigration offences)
Immigration, Asylum and Nationality Act 2006 (ability to issue Civil Recovery Notices in respect of employing illegal migrants)
Health and Safety at Work Act 1974 (governing the health and safety of individuals in the workplace)
Fire and Rescue Services Act 2004 (particularly relevant if we suspect persons are sleeping in or above commercial premises)

All partner organisations that work or volunteer with children, young people or adults, have a duty of care to report any safeguarding concerns. Refer to your organisation’s Safeguarding Policy and Procedure.

9. Legislation, the law and civil orders

Under the European Court of Human Rights (ECHR), everyone is entitled to the right to life, liberty and security; no one shall be subjected to torture or inhuman or degrading treatment or punishment. Any public body must protect individuals from the violation of these fundamental rights.

The Modern Slavery Act 2015

Section 1 provides an offence of slavery, servitude and forced or compulsory labour

1(1) A person commits an offence if – The person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or The person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

Section 2 provides for a single offence of human trafficking covering sexual and non-sexual exploitation

2(1) A person commits an offence if the person arranges or facilitates the travel of another person with a view of [the victim] being exploited. It is irrelevant whether [the victim] has consented to the travel; it is the intent that is relevant

Sections 23 to 29 relate to Slavery and Trafficking Orders (STOs)

Children Act 1989

Section 46 empowers an officer to remove a child to suitable safe accommodation if there is reason to believe that the child would otherwise be at risk of significant harm

Sexual Offences Act 2003

Section 14 – It is an offence to arrange or facilitate a child sex offence (child under 16)
Section 47 – It is an offence to pay for the sexual services of a child
Section 48, 50 – It is an offence to cause, incite, arrange or facilitate child prostitution or pornography
Section 49 – It is an offence to control a child prostitute or a child involved in pornography
Section 57 to 59: It is an offence to traffic a child into, within or out of the United Kingdom for sexual exploitation
Section 103A – 103K – Sexual Harm Prevention Orders (SHPO) can be made in relation to a person who has been convicted of or cautioned for a sexual offence (including offences committed overseas) and who poses a risk of sexual harm to the public. The Order can contain any prohibitions aimed at protecting children and others
Section 122A-122k – Sexual Risk Orders (SRO) may impose any restriction the court deems necessary for protecting the public from harm, and requires the individual

concerned to notify the police of their name and address, including where this information changes. For an SRO to be imposed, the individual does not need to have committed an offence. An SRO is available on free-standing application to a magistrates’ court by the police or National Crime Agency

Working Together to Safeguard Children (2023)

Section 194 referenced ‘supporting children at risk of, or experiencing, harm outside the home. Is specifically mentions modern slavery and trafficking, alongside exploitation by criminal and organised crime groups and individuals (such as county lines and financial exploitation), serious violence, online harm, sexual exploitation, teenage relationship abuse, and the influences of extremism which could lead to radicalisation

Care Act 2014 and Care and Support Statutory Guidance 2025

Section 14 Safeguarding This chapter provides guidance on sections 42 to 46 of the Care Act 2014 and covers:
adult safeguarding: what it is and why it matters
abuse and neglect. (N.b. Modern slavery is a form of abuse)
understanding what they are and spotting the signs
reporting and responding to abuse and neglect
carers and adult safeguarding
adult safeguarding procedures
local authority’s role and multi-agency working
criminal offences and adult safeguarding
safeguarding enquiries
Safeguarding Adults Boards
Safeguarding Adults Reviews
information sharing, confidentiality and record-keeping
roles, responsibilities and training in local authorities, the NHS and other agencies

Link here https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#safeguarding-1

Anti-Social Behaviour Act 2003

Section 1 allows the police to impose closure notices on premises which they have reasonable grounds to believe have been used in connection with the unlawful use, production or supply of a Class A controlled drug, and that the use of the premises is associated with the occurrence of disorder or serious nuisance to members of the public. This may be useful where it is known that premises are being used to hold ‘parties’ where children and/or young people are being sexually exploited and it can be shown that drugs are being supplied.

Powers under the Police and Criminal Evidence Act (PACE)

Section 17: Power for a Constable to enter a premise without a warrant to save life or limb, or arrest a person where there are reasonable grounds for believing that the person you seek is on the premise.
Section 24: Power for a constable to arrest anyone who has committed an indictable offence, is about to commit an indictable offence, is committing an indictable offence or has reasonable grounds to suspect either one of the above.

Crime and Policing Bill Crime and Policing Bill 2025 – GOV.UK: A Bill to make provision about anti-social behaviour, offensive weapons, offences against people (including sexual offences), property offences, the criminal exploitation of persons, sex offenders, stalking and public order; to make provision about powers of the police, the border force and other similar persons; to make provision about confiscation; to make provision about the police; to make provision about terrorism and national security and about international agreements relating to crime; to make provision about the criminal liability of bodies; and for connected purposes.

10. How to report a concern about Modern Slavery

North Yorkshire Police: If you see a crime in progress or someone is in immediate danger telephone 999

Intelligence: North Yorkshire Police relies on intelligence from communities, partners and other law enforcement agencies. Intelligence can come from a range of sources such as a concerned member of the community worried about a neighbouring address, a local authority worker who has received a disclosure from a person, or from police in another area.

Report Intel using the Partnership Intelligence sharing form: Partner services | North Yorkshire Police

How to report a safeguarding concern to North Yorkshire Council:

Worried about a child, click on this link to report a concern: NYSCP (safeguardingchildren.co.uk)

Worried about an adult at risk, click on this link to report a concern: https://www.northyorks.gov.uk/adult-care/safeguarding/safeguarding-adults

General enquiries, Tel No: 0300 131 2 131

Outside office hours, at weekends and on public holidays contact the Emergency Duty Team Telephone: 0300 131 2131

How to report a safeguarding concern to City of York Council

Worried about a child:

Multi-Agency Safeguarding Hub: Telephone: 01904 551900
Email: mash@york.gov.uk
Outside office hours, at weekends and on public holidays contact the Emergency Duty Team Telephone: 0300 131 2131

Worried about an adult, click on this link: Raise a concern – Safeguarding Adults York

First Responders

If you’re a first responder working for a designated organisation like the police, you can use this service to:

refer potential victims of any age to the National Referral Mechanism
help potential victims receive support and medical care
notify the Home Office of potential victims (Duty to Notify)

Report modern slavery – GOV.UK

Call the Modern Slavery Helpline on 0800 0 121 700 or report it online by clicking on this link

https://www.modernslaveryhelpline.org/report

Support and safety for children are considered through Child Exploitation Risk Assessments which are discussed and endorsed through a Multi-Agency Child Exploitation Risk Assessment Panel. Individualised support, safety and disruption are then managed through the child’s individual plan at all levels – Early Help, Child in Need, Child Protection and Children in our care.

For Children at risk of Exploitation, these multi-agency partners will consider disruption, safety and support through the child’s Multi-agency plan and Multi-agency Child Exploitation disruption meetings.To report information about modern slavery 100% anonymously, contact the charity Crimestoppers on 0800 555 111 or online at www.crimestoppers-uk.org

11. Contacts – Local and National Organisations

NRM Single Competent Authority (SCA)

NRM Single Competent Authority (SCA)

Tackling Slavery and Exploitation Directorate

Serious and Organised Crime Group

Tel. No. 020 7035 5689

Email: nationalreferralmechanism@homeoffice.gov.uk

Gangmasters & Labour Abuse Authority (GLAA)

Report problems: 0800 4320804

Email: licensing@gla.gov.uk

H.O. Immigration Enforcement

Home Office Immigration Enforcement, Yorkshire and the Humber

2nd Floor, Waterside Court,

471 Kirkstall Road,

Leeds

LS4 2QB

Tel. No. 0113 386 5810

H.O. Command and Control UNIT (CCU)

Tel. No. 0300 0134999 (for live time status and intelligence checks)

Hope for Justice

Hope for Justice

P.O. BOX 5527,

Manchester, M61 0QU

Tel. No. 0300 008 8000

Email: info.uk@hopeforjustice.org

Independent Child Trafficking Advocates (Barnado’s)

Tel. No. 0800 043 4303 (24/7 referral and support help line)

Email: countertrafficking@barnardos.org.uk (general enquiries)

North Yorkshire Fire and Rescue

Headquarters Switchboard available 24/7: 01609 780150

cao.serviceinformation@northyorksfire.gov.uk

City of York Council Housing

Standards and Adaptations

West Offices

Station Rise

York

YO1 6GA

Tel. No. 01904 552300

City of York Protective Services (Trading Standards, Licensing & Environmental Health)

City of York Council

Public Protection

Economy and Place Directorate

Eco Depot, Hazel Court,

James Street

York

YO10 3DS

Tel. No. 01904 551507

Her Majesties Revenue & Customs

Individual & Small Business Compliance, Campaigns & Projects

3 Wellington Place

Leeds

LS1 4NJ

Tel. No. 3000 570 821

National Minimum Wage

Serious Non Compliance Team

Office Tel. No. 03000 538706

Department for Work and Pensions

Serious & Organised Crime Team

Dept. for Work and Pensions

Berkeley House

35 Victoria Avenue

Harrogate

HG1 5PZ

Tel. No. 01423 832820

The Salvation Army

Tel: +44 (0)30 0303 8151

Email info@salvationarmy.org.uk

Web: http://www.salvationarmy.org.uk/human-trafficking

The Children’s Society

Tel: 030 0303 7000

Email:supportercare@childrenssociety. org.uk

Web: http://www.childrenssociety.org.uk/

Changing Lives – Women’s Centre York

To refer or to find out further information, please email: womens.wellness@changing-lives.org.uk

Ivison Trust (formerly PACE)

Ivison Trust

Crimestoppers: Crimestoppers: If you have information on crime or criminals you can contact us, as an independent charity, 100% anonymously – your identity will never be revealed. If you are already in the UK, call free on 0800 555 111 or report details online: Giving information anonymously | Crimestoppers

Modern slavery | Crimestoppers