Local authority fails to recognise victim of trafficking

Following the death of her parents when she was 15, our client travelled to the UK to live with her aunt. Within days of her arrival, she was put to work in a warehouse and in the following weeks as a carer for the elderly. She regularly worked up to 18 hours a day and her wages were paid directly to her aunt.

A few months later, she enrolled at a local college, although she was still required to work outside of college. She eventually made disclosures to a teacher about the circumstances at home and the college made a referral to children’s services. Instead of treating her as a potential victim of trafficking, social services called her aunt to ask her about the allegations.

As a result, her aunt stopped her working but because she was no longer contributing to the household income, she was forced to sleep on the floor and given barely any food. She eventually ran away and slept rough. After three days she was approached by a stranger who offered to let her stay with her and later contacted the police.

Our client was referred to the NRM by the police, where she was recognised as a child victim of trafficking. She was allocated an Independent Child Trafficking Guardian who referred her to ATLEU.

We sent a detailed letter to her local authority requesting that she be given suitable accommodation, financial support and be allocated a social worker, under the Children Act 1989. She was offered semi-independent accommodation, later added to the local authority’s housing register and then made an offer of housing. However, this was withdrawn and she was told that she was not eligible.

We requested a review of this decision and provided evidence of her status in the UK. As a result, the local authority reversed their decision and she was made an offer of social housing which she accepted. The police also began a criminal investigation into her aunt.

ATLEU also helped her to pursue a claim against the local authority for failing in their duties as a public authority and nominated first responder under the Human Rights Act and under ECAT. They should have recognised the indicators of trafficking and ensured her safety but they did not do so.

Following investigations, a pre-action notification letter was sent to the defendant as the time limit for the HRA claim was due to expire shortly. Following settlement negotiations, the claim was determined in our client’s favour.