Every Child Protected Against Trafficking (‘ECPAT’) have published a report highlighting how unclear, inconsistent and overly narrow legal definitions surrounding child trafficking and exploitation across the UK undermine the protection of vulnerable children. Overlaps and gaps in terminology have created confusion and definitional instability that hinders effective safeguarding, policing and prosecution efforts.
Details
In 2024, over half (61%) of all child referrals that were rejected by the National Referral Mechanism (NRM) (the framework for identifying victims of modern slavery in the UK) were refused on the grounds that the referral did not meet the definitional threshold.
Over half of professionals’ report struggles to secure support due to legal definitions. Criminal barrister Caroline Haughey OBE KC reported “the problems that we are finding in the courts is that the narrower the definitions, the harder it is to prosecute”.
Emphasis on movement in the definition of trafficking
Trafficking offences in England, Wales and Northern Ireland require the “arrangement or facilities [of] travel with a view to exploitation” and consequentially, a trafficking offence cannot occur without some element of movement. Comparatively, in Scotland there’s no movement required for trafficking or exploitation and furthermore international standards recognise acts such as recruitment and harbouring without requiring any physical relocation.
The narrower threshold in England, Wales and Northern Ireland restricts recognition of online or localised forms of exploitation and reinforces misconceptions that trafficking involves only cross-border movement. As a result, children whose exploitation does not involve movement or only localised movement are less likely to be referred into the NRM restricting their access to protection and support.
The report recommends statutory guidance clarifying that movement is not a legal requirement for modern slavery referrals, particularly in online exploitation cases, including clarification that distance, border-crossing or mode of transport are not determinative.
Continued emphasis on the ‘means’ element despite legal irrelevance for children under international law
The current statutory definition of Child Sexual Exploitation and the non-statutory guidance definition of Child Criminal Exploitation requires evidence of coercion, deception, or manipulation to recognise children as victims of human trafficking. This approach contradicts the UK’s obligations under international law, including the Palermo Protocol and the Council of Europe Convention, which explicitly state that the ‘means’ are irrelevant in cases involving children, as children cannot legally consent to their own exploitation. The conflation of adult and child thresholds in the UK and inconsistency with international standards undermines legal clarity and hinders victim identification.
The report recommends the amendment of the definitions of Child Sexual Exploitation and Child Criminal Exploitation confirming that the ‘means’ element is not required for cases of child trafficking.
Demographic biases
There is evidence that assumptions around nationality, ethnicity and gender are impairing professionals’ recognition of victims, with the report highlighting the following:
- Nationality - In 2024, the refusal rate on the basis of definitions by the NRM was 7% for UK national children, and a significantly higher rate was recorded for children of other nationalities i.e. Iranian (59%), Afghan (43%) and Sudanese (35%).
- Ethnicity - The report found that Black and ethnic minority children are frequently identified as perpetrators rather than victims, resulting in criminalisation rather than protection. This is related to the concept of adultification.
- Gender - The research showed girls are more frequently being subjected to gendered narratives which can results in victim-blaming, not being believed or misrecognition of abuse. It was also found that male child victims are significantly less likely to disclose child sexual exploitation and are consequently under identified.
The report recommends (i) independent review mechanisms to scrutinise NRM decision-making to guard against unconscious bias; and (ii) the provision of guidance and training challenging gendered, racialised, nationality and age-based assumptions.
Criminalisation of exploited children
Children trafficked to be exploited for criminal activity are routinely treated as offenders rather than identified as victims of trafficking. The Modern Slavery Guidance confirms that children are not able to “give informed consent to engage in criminal or other exploitative activity, and they cannot give consent to be abused or trafficked.” Furthermore, the Committee on the Rights of the Child (the UN body that monitors the implementation of the Convention on the Rights of the Child (UNCRC), which the UK ratified in 1991) has urged the UK in its most recent Concluding Observations to “ensure that child victims of trafficking in persons are always treated as victims” and should not be criminalised.
The report recommends the presumption of victimhood for children involved in criminal offences linked to exploitation, with guidance on applying non-prosecution principles for all offences at the earliest possible stage.
Commentary
The report offers a strong evidence base for practitioners to:
- challenge negative NRM decisions on the basis of definitional ambiguity and unconscious bias;
- argue for the non-punishment of exploited children under the UK’s obligations under international law including Section 45 of the Modern Slavery Act and the CRC; and
- emphasise the importance of unified, child-centric legal and policy frameworks across the UK to protect vulnerable children.