(1)Section 48 of the Modern Slavery Act 2015 (independent child trafficking guardians) is amended as follows.
(2)In subsection (1), for the words from “represent” to the end substitute “represent or support (or represent and support) children who may be victims of human trafficking or victims of slavery.”
(3)In subsection (2), for “represented and supported” substitute “represented or supported (or represented and supported)”.
(4)After subsection (2) insert—
(2A)Support provided to a child by an independent child trafficking guardian under this section may take the form of—
(a)support provided directly to the child, or
(b)support provided indirectly to the child by way of support to other persons who provide services or take decisions in relation to the child.
(5)In subsection (6)—
(a)in paragraph (c)—
(i)omit “there are reasonable grounds to believe”;
(ii)at the end insert “or a victim of slavery”;
(b)in paragraph (e)—
(i)omit the “and” at the end of sub-paragraph (i);
(ii)at the end insert
“, and”
(iii)involve the guardian in discussions and decisions relating to the child, so far as relating to the guardian’s functions (and so far as the authority may do so without contravening a restriction on disclosure of information).
Amends Modern Slavery Act 2015, section 48 — Independent child trafficking advocates
Modern Slavery Act 2015 — section 48
(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) to be available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.represent or support (or represent and support) children who may be victims of human trafficking or victims of slavery.
(2) In making arrangements under subsection (1) the Secretary of State must have regard to the principle that, so far as practicable, a child should be represented and supportedrepresented or supported (or represented and supported) by someone who is independent of any person who will be responsible for making decisions about the child.
(2A) Support provided to a child by an independent child trafficking guardian under this section may take the form of—
(a) support provided directly to the child, or
(b) support provided indirectly to the child by way of support to other persons who provide services or take decisions in relation to the child.
(3) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(4) A person appointed as an independent child trafficking advocate for a child must promote the child's well-being and act in the child's best interests.
(5) The advocate may (where appropriate) assist the child to obtain legal or other advice, assistance and representation, including (where necessary) by appointing and instructing legal representatives to act on the child's behalf.
(6) The Secretary of State must make regulations about independent child trafficking advocates, and the regulations must in particular make provision—
(a) about the circumstances in which, and any conditions subject to which, a person may act as an independent child trafficking advocate;
(b) for the appointment of a person as an independent child trafficking advocate to be subject to approval in accordance with the regulations;
(c) requiring an independent child trafficking advocate to be appointed for a child as soon as reasonably practicable, where there are reasonable grounds to believe a child may be a victim of human trafficking; or a victim of slavery
(d) about the functions of independent child trafficking advocates;
(e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate has been appointed to—
(i) recognise, and pay due regard to, the advocate's functions, and
(ii) provide the advocate with access to such information relating to the child as will enable the advocate to carry out those functions effectively (so far as the authority may do so without contravening a restriction on disclosure of the information).
, and
(iii) involve the guardian in discussions and decisions relating to the child, so far as relating to the guardian’s functions (and so far as the authority may do so without contravening a restriction on disclosure of information).
(7) The Secretary of State must, no later than 9 months after the day on which this Act is passed, lay before Parliament a report on the steps the Secretary of State proposes to take in relation to the powers conferred by this section.
About the provision this changes
Free Movement articles: Special considerations in children’s cases ↗
Explanatory Notes · published by the Government with the Bill
317. This clause amends section 48 of the Modern Slavery Act 2015.
318. Subsections (2) and (3) amend subsections (1) and (2) of section 48 of the MSA 2015 to ensure independent child trafficking guardians can provide either representation or support, or both representation and support, to a child. Subsection (4) inserts a new subsection (2A) to set out that this representation or support can be provided either directly or indirectly through support to other persons who provide services or take decisions about the child, such as public authorities, or through a combination of both.
319. Subsection (5)(a) amends subsection (6)(c) of section 48 of the MSA 2015 to ensure an independent child trafficking guardian can be appointed to provide support and representation to a child that may be a victim of human trafficking or a victim of slavery ahead of a reasonable grounds decision being made.
320. Subsection (5)(b) inserts a new subsection (6)(e)(iii) of section 48 of the MSA 2015 to make further provision for public authorities to involve the independent child trafficking guardian in discussions and decisions that relate to the child, so far as relating to the independent child trafficking guardian’s functions.