5. UK Border Agency ( UKBA)
The UKBA is a new executive agency of the Home Office which has assumed responsibility for managing immigration control in the UK. It may be the first official agency to have contact with child victims of trafficking. Its interventions may be triggered by the particular circumstances of the case or by international intelligence about trafficking. UKBA is likely to be a source of referrals to child welfare agencies.
The immigration officer's role, alongside considering the eligibility of the child for entry into the UK, is to be alert to the need to keep children safe from harm. They should ensure that immigration processes and decisions made in respect of children take into account their individual situation, views and welfare.
When working with children, officers should operate in accordance with UKBA guidance which is adapted from Working Together to Safeguard Children (2006). When an interview is considered necessary, every care should be taken to conduct it in the light of the child's circumstances and understanding. In most circumstances the interview will be conducted by a specially trained officer with knowledge of child protection issues. Interviewers should be aware of the guidance on Interviewing Child Witnesses in Scotland 23
It is important for all agencies concerned with protecting children who have been trafficked to develop good working arrangements with the UKBA. In addition, it is important that the UKBA establishes good contacts with local authority children's services.
Immigration officers identify children from abroad who may be at risk of being trafficked. Children who, irrespective of their immigration status, are believed to be at risk of harm, are referred to agencies with statutory responsibilities for safeguarding children's welfare, primarily the local authority children's services and/or the local police. Records for these children exist both within UKBA and with the receiving agency. In addition, when a child is interviewed every effort is made to identify sponsors and others who come to collect the child to ensure that they are legitimately able to do so, and that they do not pose a threat to the child's safety and welfare.
Applications for immigration status made on behalf of children may give rise to concerns that they are victims of trafficking. UKBA caseworkers will not only be a source of referral to local authority children's services or the police but may assist with developing child protection and care plans.
The UK Borders Act 2007 refers to "Keeping Children Safe from Harm" a code of practice which UKBA officials are required to have regard to when dealing with any child identified as being at risk of harm at a port of entry into the UK.