Modern Slavery Act 2015
The Modern Slavery Act 2015 addresses the crimes of slavery and human trafficking.
The Modern Slavery Act 2015 legislates for offences including trafficking and modern slavery. Read the full legislation on the UK Government website.
Understanding modern slavery
According to the Act, modern slavery has three main elements: Action, Means and Purpose.
Action
Modern slavery refers to the coercion, force, or exploitation of children and young people, and taking, transferring, harbouring, or receipt of them.
Means
The action is achieved using force, coercion, deception, power imbalance, or threats. However, this does not have to be present for children and young people. According to the Act, children and young people cannot give informed consent to engage in forced criminality or to be abused or trafficked.
Purpose
The action and means are carried out for the purpose of child criminal exploitation, financial and sexual exploitation, forced labour, slavery, domestic servitude, shoplifting, and fraud.
Under the Modern Slavery Act 2015 people are considered to be trafficked for the purpose of exploitation even where the exploitation has not yet occurred. This means that children and young people will be considered to have been trafficked even where practitioners have intervened before they were exploited.
Modern slavery can occur through relationships such as relatives or where children and young people believe they are in a relationship with the person exploiting them.
Some children and young people may not be physically moved (‘trafficked’) for criminal exploitation, but they can still be victims of modern slavery if they have been forced into slavery, service or compulsory labour.
While the Modern Slavery Act applies to Wales, the Wales Safeguarding Procedures provide detailed guidance through their safeguarding guidance and the Modern Slavery Safeguarding Pathway.
Find out more about safeguarding children in Wales who may be trafficked.
Independent Child Trafficking Guardians
Under section 48 of the Modern Slavery Act 2015, Independent Child Trafficking Guardians (ICTGs) are an independent source of help and support for young people who have been trafficked.
Every local authority in Wales has Independent Child Trafficking Guardians. This service is an independent source of advice, and Independent Child Trafficking Guardians can speak up on children’s behalf.
Once a first responder has followed the usual safeguarding and NRM referral routes for a young person, they should refer them to the Independent Child Trafficking Guardians service via an online form.
The Independent Child Trafficking Guardian Service will assess the immediate safeguarding needs of the child or young person and provide advice to the frontline professional or ‘first responder’ making the referral.
The role of the Independent Child Trafficking Guardian Service is to work with public and non-public agencies and parents through consultation and advice to ensure the young person’s best interests are recognised. They also provide expert advice to professionals about how to best support and safeguard child victims of trafficking.
Where a young person has committed offences, either in the course of or as a result of being trafficked, the Independent Child Trafficking Guardian will ensure all professionals are aware of the non-punishment principle and Section 45 defence in the Modern Slavery Act 2015.
The Independent Child Trafficking Guardian Service is available 24 hours a day, seven days a week by telephone on 0800 043 4303 or email on trafficking.referrals@bypmk.cjsm.net