Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Worst Forms of Child Labour Convention, 1999 (No. 182) - United Kingdom of Great Britain and Northern Ireland (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that, according to section 48 of the Sexual Offences Act, 2003, a person (A) commits an offence if: (a) that person intentionally causes or incites another person (B) to become a prostitute, or to be involved in pornography, in any part of the world; and (b) either: (i) B is under 18, and A does not reasonably believe that B is 18 or over; or (ii) B is under 13. It had also noted that similar wording is used in several other provisions of the same Act relating to controlling, arranging and facilitating child prostitution or pornography (sections 49 and 50). It had therefore observed that only children under 13 years of age are protected, with certainty, from sexual exploitation. The Committee had also noted the Government’s indication that, as prostitution and pornography were not illegal as such, it was conceivable that a person could participate in these practices in the reasonable belief that the other person was over 18. If the defendant could produce evidence to support that belief, then the police saw little value in prosecuting an individual who has genuinely tried to stay within the law.

The Committee had also noted the Trades Union Congress’ (TUC) contention that United Kingdom legislation presents a loophole whereby someone could escape possible conviction for the sexual exploitation of a child on the grounds that they “reasonably believed” that the child was over 18 years. It had further noted the Government’s information that the Protection of Children and Prevention of Sexual Offences (Scotland) Act, 2005, introduced a range of new offences, including: paying for the sexual services of children (section 9); causing or inciting children to provide sexual services or child pornography (section 10); controlling children providing sexual services or involved in pornography (section 11); arranging or facilitating the provision by children of sexual services or child pornography (section 12) which appeared to be structured like sections 48, 49 and 50 of the Sexual Offences Act, 2003, to the extent that, if B is under 18 years, A commits an offence only if he/she does not reasonably believe that B is aged 18 or over. Finally, noting that, according to the explanatory notes to the Sexual Offences Act, 2003, and the Sexual Offences (Scotland) Act, 2005, in cases where the child is 13 or over, the Crown must prove that A did not reasonably believe that B was 18 or over, the Committee had requested the Government to specify how the proof required by sections 48, 49 and 50 of the Sexual Offences Act, 2003, and sections 9, 10, 11 and 12 of the Prevention of Sexual Offences (Scotland) Act, 2005, would work in practice.

The Committee notes the Government’s statement that, in relation to the Sexual Offences Act 2003, a person has a defence if that person reasonably believed that the victim was 16 or over at the time of the commission of the alleged offence, whereas the defence will not be available if the child was, in fact, under 13 at the relevant time. If the defence is raised then the prosecution must provide sufficient evidence to prove beyond reasonable doubt that such a belief did not exist or, if it did exist, was not reasonable. According to the Government, the types of evidence which the prosecution may seek to rebut the defence include: (a) evidence that the defendant had been told the age of the victim, either by the victim or by a third party; (b) evidence that the circumstances in which the defendant knew the victim or the length of time that the defendant knew the victim, must mean that the defendant was aware of the victim’s age; or (c) the physical appearance of the victim, if it is clearly obvious to any reasonable person that the victim is under 18 years. Similarly in Scotland, the prospect of the defence claiming that the accused person had a reasonable belief that the person involved in the offence was aged 18 or over requires the Crown to prove by corroborated evidence that the accused had no belief or, if there was belief that it was not reasonably held. The Committee further notes the Government’s statement that there are no reported cases where the issue of the reasonable belief as to the age of the complainer in terms of the Prevention of Sexual Offences Act of 2005 has been judicially discussed or considered.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted the information provided by the Government on the various measures taken within the framework of the United Kingdom Action Plan on Tackling Human Trafficking for the protection and rehabilitation of child victims of trafficking. Following its previous comments, the Committee notes the Government’s statement that data on the number of children removed from trafficking and rehabilitated are not yet available. However, action is ongoing to improve knowledge of the scale and nature of human trafficking into and within the UK and the response to child trafficking identified. It notes the Government’s indication that the Child Exploitation and Online Protection Centre (CEOP) which was established in 2006 in order to tackle every kind of online child sex abuses launched its Strategic Threat Assessment on Child Trafficking in April 2009 in order to assess the nature and incidence of child trafficking. The data collected from police forces, children’s services, the UK Border Agency (UKBA) and the NGOs covering the period from March 2007 to February 2008 indicated the following trends in child trafficking: 325 children from 50 different countries were identified at varying levels of concern for trafficking and for a broad array of exploitation, out of which 109 children were trafficked for sexual exploitation, 36 children for various types of forced labour, 14 children for street crime, ten children for domestic servitude, eight children for fraud purposes, three children for drug trafficking, one for illegal adoption and one for forced marriage.

The Committee notes the Government’s statement that this assessment had contributed in raising national awareness amongst the police forces, the UKBA and children’s services which resulted in the development of a number of child trafficking preventive measures, such as “Blue Blindfold” for raising awareness on human trafficking, and the Child Trafficking Advice and Information Line that aims to support a safeguarding and child protection response to existing work on child trafficking. The Committee also notes the Government’s indication that the Department for Children, Schools and Families awarded a grant of £50,000 to a voluntary organization called Barnardo’s to provide special services for child victims of trafficking for sexual exploitation. The Committee further notes the Government’s statement that the UK Action Plan on Tackling Human Trafficking has been updated with a total of 85 action plans to tackle trafficking with specific emphasis on prevention, investigation/law enforcement/prosecution, protection and assistance to victims of trafficking including child victims. Moreover, a National Referral Mechanism was set up in April 2009 to identify, refer and support child victims of trafficking. The Committee finally notes the detailed information provided by the Government on the key measures implemented within this National Plan, including training the staff and health professionals to respond to the needs of child victims of trafficking and offer them appropriate protection and support. The Committee requests the Government to provide information on the number of children removed from trafficking and rehabilitated pursuant to the implementation of the UK Action Plan on Tackling Human Trafficking. It also requests the Government to indicate the number of child victims of trafficking for sexual exploitation who have been offered special services at the Barnardo’s organization.

Clause (d). Identifying and reaching out to children at special risk.
1. Children used in drug trafficking. Following its previous comments, the Committee notes the Government’s indication that it is not aware of children being used for drug trafficking in the country, hence it believes that it is not necessary to set up a monitoring system to assess the scale of the problem. However, the Government has provided statistical data on the offences committed in England, Wales and Scotland by children under 18 years involved in drug offences, which, according to the Government, provides the necessary assessment. The Committee notes that, according to this data, the number of prosecutions undertaken with regard to drug offences involving children under 18 years in England and Wales increased from 4,460 in 2006 to 5,263 in 2007, and in Scotland the number of children referred to the Scottish Children’s Reporter Administration (SCRA) for drug related offences was 660 in 2006–07 and 599 in 2008–09.

2. Missing children and street children. The Committee had previously noted the TUC’s allegation that, according to Children’s Society Report, published in October 2005, each year in Britain there are 100,000 runaway children aged between 14 and 16 years (12,000 in London) who are extremely vulnerable. Many of them live on the street. This survey also suggested that one in ten had subsequently begged, stolen, or had become involved in drugs or prostitution, and one in 12 said they were hurt or harmed while away from home. It had noted the Government’s indication that it had developed a guideline for the management, recording and investigation of missing persons and a guide to good practice to be followed by local authorities. The Committee had also noted the Government’s statement that it would develop a problem-solving approach for the collection and analysis of information regarding street children through a multi‑agency partnership between the police and the organizations that run care homes.

The Committee notes the Government’s statement that it has launched a Young Runaways Action Plan which aims to better coordinate cross-government action on children who run away from home or care homes and places particular emphasis on vulnerable children such as those who have been trafficked. A national indicator on young runaways which was introduced in April 2009 requires local authorities to have in place protocols for the multi-agency response to runaways and missing children, including preventive measures. A number of awareness campaigns have been run and guidance for professionals on safeguarding children who may have been trafficked or children missing from care and home, Safeguarding Children and Young People from Sexual Exploitation and the UK Border Agency’s code of practice on keeping children safe from harm have been developed. The Committee notes the Government’s statement that these measures have led to a reduction in the number of children going missing over recent months. It also notes the Government’s indication that the UK Human Trafficking Centre has established an expert group on the issue of missing and runaway children and is working with police forces to develop intelligence and operational responses. The Paladin Team which is a metropolitan police-led team along with the UK Border Agency and Hillingdon (the local authority) Children’s Services which work against the trafficking of children and in particular safeguarding children at ports have made tremendous progress in reducing the number of girls who go missing from care. In 2008–09, 31 Chinese young people who arrived at the Heathrow Airport were looked after by Hillingdon Children’s Services. The Committee requests the Government to provide statistical information on the number of missing and runaway children who have been protected and rehabilitated under the Young Runaways Action Plan; the number of children who have benefited through the awareness campaigns under the Safeguarding Children, Safeguarding Children and Young People from Sexual Exploitation and the UK Border Agency’s code of practice; and the number of missing children who have been protected and rehabilitated by the Paladin Team.

In Northern Ireland, the Department of Health, Social Services and Public Safety is funding Barnardo’s to undertake two projects relating to children going missing from care, such as: the Safe Choices (Missing from Care) Project which aims to reduce the risk of sexual exploitation of children and young persons in care by reducing the number of missing episodes through various strategies; and the Sexual Exploitation Research Project to conduct research on the prevalence of sexual exploitation and the links with children going missing from care. Further, a joint protocol was agreed in April 2008 between the health and social care trusts and the police service of Northern Ireland on a detailed guidance on the roles and responsibilities of both parties when a child is reported missing. The Committee requests the Government to provide information on the impact of the two projects undertaken by Barnardo’s in reducing the number of children going missing. It also requests the Government to indicate the measures taken to support and protect the missing children according to the joint protocol agreed by the health and social care trusts and the police service of Northern Ireland.

Part V of the report form. Application of the Convention in practice. The Committee notes the data provided by the Government regarding convictions in England, Wales and Scotland for the several offences under the Sexual Offences Act of 2003. Accordingly in England and Wales, there were 18 prosecution cases related to trafficking for sexual exploitation in 2007, of which five were found guilty; 49 cases of sexual grooming of children, out of which 45 persons were found guilty; and 299 cases of offences related to involving a child for sexual activities. Moreover, in England and Wales, there have been 1,075 persons prosecuted in 2007 for offences related to child pornography, of which 967 persons were found guilty. In Scotland, the police have recorded 17 cases related to sexual grooming of children and one case of procurement of a child under 18 for pornography. The Committee requests the Government to continue providing information on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied regarding the involvement of children in the worst forms of child labour.