PART 2PROTECTION OF VICTIMS

Support and assistance for child victims

I1I211Independent child trafficking guardians

1

The Scottish Ministers must make such arrangements as they consider reasonable to enable a person (an “independent child trafficking guardian”) to be appointed to assist, support and represent a child to whom subsection (2) applies.

2

This subsection applies to a child if a relevant authority determines that—

a

there are reasonable grounds to believe that the child—

i

is, or may be, a victim of the offence of human trafficking, or

ii

is vulnerable to becoming a victim of that offence, and

b

no person in the United Kingdom is a person with parental rights or responsibilities in relation to the child.

3

A relevant authority making a determination that subsection (2) applies in relation to a child must, as soon as reasonably practicable after doing so, take steps to bring that child to the attention of the person mentioned in subsection (4)(a).

4

The arrangements made under subsection (1) must—

a

provide for a person to appoint an independent child trafficking guardian for a child to whom subsection (2) applies,

b

provide for an independent child trafficking guardian to be appointed as soon as reasonably practicable after a relevant authority brings the child to the attention of the person mentioned in paragraph (a), and

c

ensure that the independent child trafficking guardian appointed is independent of any person who will be responsible for exercising functions under any enactment in relation to the child.

5

An independent child trafficking guardian appointed in relation to a child must at all times act in the best interests of the child.

6

A person responsible for exercising functions under any enactment in relation to a child for whom an independent child trafficking guardian has been appointed under this section must—

a

recognise, and pay due regard to the guardian's functions, and

b

provide the independent child trafficking guardian with access to such information relating to the child as will enable the guardian to carry out the guardian's functions effectively.

7

The Scottish Ministers may by regulations make further provision about independent child trafficking guardians appointed under this section, including, in particular, provision about—

a

the appointment of an independent child trafficking guardian,

b

the termination of that appointment,

c

the conditions (including conditions as to training, qualifications and experience) to be satisfied for a person to be eligible for appointment as an independent child trafficking guardian,

d

payments to be made to, or in respect of, an independent child trafficking guardian,

e

the functions of an independent child trafficking guardian,

f

the records that should be maintained by any person in relation to the appointment of an independent child trafficking guardian (including arrangements to maintain a register of independent child trafficking guardians),

g

the circumstances in which—

i

an independent child trafficking guardian appointed in relation to a person may continue to act after that person is no longer a child, and

ii

the person who is no longer a child is to be treated as a child for the purposes of this section.

8

In this section—

  • “person with parental rights or responsibilities”, in relation to a child, means—

    1. a

      a parent or guardian having parental responsibilities or parental rights in relation to the child under Part 1 of the Children (Scotland) Act 1995,

    2. b

      a person in whom parental responsibilities or parental rights are vested by virtue of section 11(2)(b) of the Children (Scotland) Act 1995,

    3. c

      a person having parental responsibilities or parental rights by virtue of section 11(12) of the Children (Scotland) Act 1995,

    4. d

      a parent having parental responsibility for the child under Part 1 of the Children Act 1989,

    5. e

      a person having parental responsibility for the child by virtue of—

      1. i

        section 12(2) of the Children Act 1989,

      2. ii

        section 14C of that Act, or

      3. iii

        section 25(3) of the Adoption and Children Act 2002,

    6. f

      a parent having parental responsibility for the child under Part 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755),

    7. g

      a person having parental responsibility for the child by virtue of Article 12(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755),

    8. h

      a person in whom parental responsibilities or parental rights are vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007),

    9. i

      any other person with rights or responsibilities anywhere in the world which are, in relation to a child, analogous to those described in paragraphs (a) to (h), and

    10. j

      any other person specified by regulations made by the Scottish Ministers,

  • “relevant authority” means—

    1. a

      a local authority, and

    2. b

      any other person specified by regulations made by the Scottish Ministers.