Policy on Anti Modern Slavery and Human Trafficking
Created January 2018 and reviewed January 2022
This policy sits alongside the Incyte Safeguarding and Child Protection Policy, Procedures and Guidance and the Safeguarding Adults Policy and Procedures.
A. Definitions and Legal Background
The Modern Slavery Act 2015
Modern Slavery is the term used within the UK and is defined within the Modern Slavery Act 2015. Modern slavery, including human trafficking, is a crime and a violation of fundamental human rights. It takes various forms, such as slavery; servitude, forced and compulsory labour, and human trafficking, all of which include the deprivation of a person's liberty by another in order to exploit them for personal or commercial gain.
The crimes of modern slavery and human trafficking include holding a person in a position of slavery, servitude and forced or compulsory labour, or facilitating their travel with the intention of exploiting them on arrival. Although human trafficking often involves an international cross-border element, it is also possible to be a victim of modern slavery within your own country. Victims may be transported a few miles within a town or across continents to be forced into jobs they do not want.
Modern slavery and human trafficking may also involve coercing people into committing crime for others. Victims can include adults and children and come from all walks of life and backgrounds including British nationals. A quarter of all victims are children. The true extent of modern slavery in the UK is unknown but is considered to be significant. There has been a year-on-year increases in the number of victims identified. It is estimated that in 2013 there were between 10,000 to 13,000 potential victims of modern slavery in the UK.
It is possible to be a victim even if consent has been given to be moved, though adult victims have to prove that they have been exploited or coerced. The act recognises that children cannot give consent to being exploited therefore the element of coercion or deception does not need to be present to prove an offence.
The 2015 Modern Slavery Act is preceded by other legislation, including European conventions and legislation. In 2000, the Palermo Protocol was adopted by the United Nations and stated: ‘Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.’
The Care Act 2014
The Act sets out a legal duty for Local Authorities to assess adults in need of care and support and meet ‘eligible needs’ in a way that promotes their wellbeing. This includes protecting adults from abuse or neglect.
It requires Local Authorities and relevant partners (such as colleagues in health, housing and the police) to cooperate to safeguard adults in need who are at risk of abuse or neglect. It recognises exploitation, and specifically slavery and human trafficking, as a ‘form of abuse and neglect’.
The Care Act 2014 is relevant to the work of Incyte in, education and health as the adults and young people we occasionally work with are often vulnerable to abuse and potentially to being trafficked or exploited under the Modern Slavery Act definition.
The Council of Europe Convention on Action against Trafficking in Human Beings
In 2005, Europe formally adopted the above convention. This convention requires that potential and actual victims of modern slavery have specific entitlements to support. These include:
• Material assistance
• Access to psychological support
• Access to legal advice and assistance
• Counselling
• Emergency medical treatment
• Education for the victim’s children
• Translation and interpretation services when appropriate.
Identified adult victims of trafficking are entitled to the above for a period of 45 days, and this would be provided through the local authority and other public bodies taking responsibility for the victim. Victims must consent to referral and support respectively.
B. Types of Human trafficking
There are several broad categories of exploitation linked to human trafficking, including:
• Sexual exploitation - Women, men or children that are forced into the commercial sex industry and held against their will by force, fraud or coercion.
• Forced labour - Human beings are forced to work under the threat of violence and for no pay. These slaves are treated as property and exploited to create a product for commercial sale.
• Domestic servitude - Employees working in private homes are forced or coerced into serving and/or fraudulently convinced that they have no option to leave.
• Bonded labour - Individuals that are compelled to work in order to repay a debt and unable to leave until the debt is repaid. It is the most common form of enslavement in the world.
• Organ harvesting – children and adults are trafficked for the purpose of organ harvesting. The World Health Organisation estimated in 2012 that the black market in kidneys was at least 10,000 a year and growing.
• Child labour – any child related crimes such as child sexual exploitation, forced begging, illegal drug cultivation, organised theft, related benefit frauds, forced labour, domestic servitude, bonded labour or sex trafficking — of a child.
• Forced marriage - Women and children who are forced to marry another without their consent or against their will.
• Illegal adoption – for the purposes of exploitation i.e. selling the child or exploiting the child.
C. Signs That a Person is A Victim of Modern Slavery or Human Trafficking
There is no typical victim of modern slavery, and some victims do not understand they have been exploited and are entitled to help and support. However, the following key signs could indicate that someone may be a victim of modern slavery or human trafficking:
The person does not seem to be able to contact friends or family freely.
The person has limited social interaction or contact with people outside of their immediate environment.
Physical and psychological abuse: Many victims will look malnourished and may appear withdrawn when you try to communicate with them. Signs of physical abuse could be apparent, such as bruising and other injuries. The adult may have old or serious untreated injuries and they are vague, reluctant or inconsistent in explaining how the injury occurred.
Restricted movement: Victims may not be allowed to travel alone and will not be in possession of their passport. They may seem under the influence of others, have little interaction, and be unfamiliar with the surroundings in which they are working. They may be dropped off at work or education centre.
Poor accommodation: A victim of modern slavery will likely have an extremely poor standard of living, often staying on site in cramped and dirty conditions with other workers. It is also quite possible that they would not know their home or work address.
Lack of personal belongings: As well as having no form of identification, such as a passport, a victim of modern slavery will likely have very few personal possessions and wear the same clothes every day. These clothes could appear unsuitable for their working conditions.
Unusual behaviour: It is quite common for victims of modern slavery to avoid eye contact, continually appear frightened or withdrawn, and allow others to speak for them when addressed directly. They will be very reluctant to ask for help, quite possibly due to fear of further abuse or fear of deportation.
Going Missing: if a client goes missing for no reason and is not easily found, does not keep appointments and/or becomes disengaged from support services.
The above list is not exhaustive. A person may display a number of the indicators set out above, but they may not necessarily be a victim of slavery or trafficking.
Key Risk Indicators
There will be those who are more at risk of becoming victims of Modern Slavery and Human Trafficking than others. Some of the key risk factors include:
• Being isolated
• Lacking funds
• Mental health needs
• Special educational needs/learning difficulties or disabilities
• Low self esteem
• Associating with gangs and members of organised crime units
• Drug and/or gambling habits which may lead to debt
• Easily led
• Involved in crime
• Poor living conditions.
Modern Slavery and Human Trafficking are a growing problem. An article published in The Telegraph published in 2017 (see below under Useful Links) indicates that every town and city in the UK is now affected and that most of us will come across victims without realising.
Where could Slavery be happening?
Modern slavery is happening here and now and is under-reported. Commonly, slavery and exploitation has been found in locations such as:
• Car washes
• Agricultural settings
• Nail bars
• Care homes
• Construction and building sites
• Factories
• Catering and hospitality
• Massage parlours
• Brothels
Within Incyte, there are risks that our clients may be become or are being enslaved, exploited or trafficked.
However, staff should also be vigilant that no colleagues working for Incyte are being forced to do so by a third party.
We also need to be watchful about our suppliers and any contractors.
D. Responsibilities and Procedures
Trafficking people is a criminal offence. The fact that the adult consents to the intended exploitation is irrelevant where they have been tricked, blackmailed, threatened etc. Victims of modern slavery, exploitation and trafficking may be unwilling to come forward to law enforcement or public protection agencies, not seeing themselves as victims, or fearing further reprisals or death from their abusers against the themselves or family members.
Victims may not always be recognised as such by those who come into contact with them. The Modern Slavery Act 2015 places a duty on specified public authorities (including local authorities) to report details of suspected cases of modern slavery to the National Crime Agency. There is a National Referral Mechanism by which local authorities, the Police and other first-responders alert the National Crime Agency about suspected Modern Slavery or Human Trafficking.
If you can have a private conversation with the alleged victim establish if they are willing to consent to a referral them to Thames Valley Police (TVP). If they do not consent, seek advice from your manager or organisation’s safeguarding lead. Generally, if you believe that there may be other alleged victims involved you should inform TVP because of the wider duty of care to the other alleged victims.
Procedures for Incyte Staff
• Training for staff to spot the signs of modern slavery. This can be done by completing online training courses about modern slavery.
• Identification of the key risks within the area, including of our supply chains.
• Raising concerns immediately with the DSO about any clients who may be at risk of being enslaved or trafficked.
• Raising concerns with the DSO about any members of staff or contracted staff who may be being coerced into working for the organisation.
• Ensuring that our recruitment procedures are thorough and followed assiduously to prevent anyone being forced into working for our organisation.
• Requesting a copy of our suppliers' Modern Slavery statements and conduct checks on those falling into the high-risk categories.
• Checking for risks of Modern Slavery and Human Trafficking when carrying out individual client risk assessments
• Performing due diligence risk assessments on our own business.
• Identifying a senior staff member to be responsible for risk assessments and compliance of the Modern Slavery Act 2015.
• Reporting to the Board on any instances or concerns raised in relation to modern slavery and human trafficking.
• Reviewing our existing corporate policies and update if needed.
If you have concerns about someone being a victim of Modern Slavery, do not discuss your concerns with them other than in private. Other persons, including those they appear to know or trust or who may claim to be family members, might be exploiting the suspected victim and discussing your concerns with them might put the victim or others at risk.
You may need to access translation services to help you speak to the suspected victim.
Reporting Outside the Organisation
There is a national framework to assist in the formal identification and help to coordinate the referral of victims to appropriate services, known as the National Referral Mechanism. Certain public bodies, such as local authorities and chief officers of Police, have a statutory duty to refer. More information about the National Referral Mechanism can be found below.
As an organisation, we would need to follow the procedures below:
• If someone is in immediate danger: Call 999
• If you are suspicious about something you have seen or heard about, report to the DSO who should call social services or the local police on 101
• If you believe the alleged victim to be a child you should make an immediate safeguarding referral to your local Multi Agency Safeguarding Hub (MASH)
• If DSOs or safeguarding leaders need advice, the following helpline is free from landlines and mobiles: Modern Slavery Helpline 0800 0121 700
• For advice and information on any trafficking matter: Call UK Human Trafficking Centre 0844 7782406
• For victim support: Call Salvation Army 0300 303 8151 (24/7 helpline)
• For victim reporting: Police Trafficking Helpline 0800 783 2589 or local Police 101
• To find out more about reporting online: www.modernslaverypartnership.org.uk
Useful Links
• www.modernslaverypartnership.org.uk
• https://www.antislavery.org/slavery-today/human-trafficking/
• The Homeless Link Guidance on Trafficking and Forced Labour
• http://www.nationalcrimeagency.gov.uk/about-us/what-we-do/specialist-capabilities/uk-human-trafficking-centre/national-referral-mechanism
• https://www.gov.uk/government/publications/human-trafficking-victims-referral-and-assessment-forms
• http://www.salvationarmy.org.uk/human-trafficking
• https://www.refuge.org.uk/our-work/our-services/human-trafficking-modern-slavery/
• www.stopthetraffik.co.uk
• https://www.skillcast.com/blog/how-to-write-a-modern-slavery-statement
• https://www.telegraph.co.uk/news/2017/08/10/modern-slavery-victims-every-large-town-city-uk/