The MPS Human Trafficking response

Report: 7
Date: 28 January 2010
By: AC Specialist Crime Directorate on behalf of the Commissioner

Summary

The report advises the MPA of recent decisions made by the MPS Management Board (MB) regarding the future policing of human trafficking. These decisions were underpinned by significant stakeholder consultation and were catalysed by the removal of Home Office funding for the current Human Trafficking Team (HTT) located within the Specialist Crime Directorate (SCD). As of 1 April 2010 MB have decided that responsibility for investigating organised human trafficking will pass to the Clubs and Vice Unit (CO14) and that CO14 as an operational command unit (OCU) will move to SCD and become SCD9. The remit of SCD9 will include the investigation of organised human trafficking of adults whether this is for sexual or labour exploitation.

The investigation of child trafficking is a highly specialised area involving close liaison with safeguarding agencies and will remain with SCD5’s (Child Abuse Investigation Command), Operation Paladin. These changes will enable a more coordinated, cost effective and efficient response to the investigation of organised human trafficking in all its forms, will facilitate clearer communication lines and governance structures and will provide access to significant specialist resources within the SCD business group.

A. Recommendation

That the MPA notes the decisions taken by MPS Management Board (MB).

B. Supporting information

1. The MPA received a report on the MPS’ review into Organised Immigration Crime and Human Trafficking on 29 October 2009. This further report updates that report and explains the changes that will take place in the way the MPS will deal with human trafficking from 1 April 2010. The report sets out what is meant by ‘human trafficking’, the current levels of knowledge within this sphere of criminality and provides an overview of the two main units currently focusing on human trafficking within the MPS, namely CO14 (Clubs and Vice) and the SCD Human Trafficking Team (HTT). The MPS Management Board decisions are outlined alongside the rationale for these and consultation conducted. How the implementation of these decisions will be carried out, what further consultation with partners conducted and future plans for reviewing of the new working arrangements are then explained.

Human Trafficking

Definition of Human Trafficking

2. The Council of Europe Convention on Action against Trafficking in Human Beings (CETS 197) was signed by the UK on 23 March 2007 and was ratified on 17 December 2008. Trafficking is defined in article 4 of CETS 197 and is taken from article 3 of the Trafficking Protocol to the UN Convention on organized crime. Article 4 provides:

1. “Trafficking in human beings” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat of or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
2. The consent of a victim of “trafficking in human beings” to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any means set forth in paragraph (a) have been used;
3. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in human beings” even if this does not involve any of the means set forth in subparagraph (a) of this article…”

Intelligence

3. It is recognized that the intelligence picture about the scale and nature of organized human trafficking at a national level is under-developed and we do not have a reliable or accurate understanding of the problem in consequence. Opinions differ significantly about the extent of the problem, with the commentators taking an evidence-based empirical data approach reporting a widely different understanding of scale to non-governmental organizations (NGOs) specializing in dealing with victims. Data from the UK Human Trafficking Centre (UKHTC) and the level of referrals received by SCD, TP and CO14 in the past have not been consistent with the level of trafficking suggested by NGOs. Overall, the MPS works to the principle that human trafficking is a serious crime which is significantly under-reported and has shaped, and will continue to shape, its strategic response accordingly.

Overview of CO14 and the HTT

CO14 – Clubs and Vice

4. CO14 is a specialist and agile command unit comprising 87 police officers and 18 police staff providing both tactical advice and operational support to other operational command units (OCUs) in the MPS around a complexity of issues including licensed premises, casinos , tackling drug supply in licensed premises, on-street and off-street prostitution, trafficking of women for sexual purposes and obscene publications including the investigation of the electronic sharing of indecent images of children. CO14 has a pan-London responsibility, but also operates at both national and at times international level on some of these more sensitive areas. Over the last two years CO14 has worked hard to enhance its response to dealing with human trafficking for sexual exploitation both upstream in source countries and through building relationships with NGOs.

5. Their management structure splits their functions into five main areas: vice (39 officers), clubs (17 officers), obscene publications (10 officers), intelligence (14 officers) and financial investigation (8 officers). All of these focus mostly on level 2/3 crime (cross-border MPS/national/inter-national).

6. CO14 has successfully bid for £600,000 funding for 2010/12 from the GOL Migration Impact Fund to support the Olympic boroughs in relation to victims trafficked for sexual exploitation. The additional money will provide extra staff for this work and this is included in the stated figure of 39 officers within the Vice Unit.

Human Trafficking Team

7. The HTT is currently part of Operation Maxim, the Met’s response to organized immigration crime. It conducts both reactive and proactive operations against organised criminal groups engaged in human trafficking, dependent on the requirements of the victims and the nature of the investigation. Many of its successes have relied on borough referrals, often complex cases beyond BOCU capacity and capability. There are 11 police officers within the HTT. The team is well recognised by stakeholders both nationally and internationally and have had many successful prosecutions. These have all been for cases of trafficking for sexual exploitation.

8. From April 2010 Home Office funding for Operation Maxim including the HTT, ends. Funding from the Home Office has reduced over the past 2 years from £1.8m to the 2009/10 level of £435k. The Home Office has made it clear that there is no possibility of further funding being made available.

Management Board Decision

9. As previously reported to the Authority, throughout 2009 the MPS conducted an improvement review, with extensive stakeholder consultation, into organised immigration crime and human trafficking. This identified three key strategic issues of governance, communication and tasking /coordination. The review made a number of recommendations to MPS Management Board on 8 December 2009 with further deliberation regarding options on 11 December 2009 following a further short consultation period with key stakeholders The recommendations made to the Board were:

• That responsibility for investigating organized human trafficking of adults for sexual and labour exploitation should move to CO14 Clubs and Vice.
• That the Clubs and Vice Unit as an OCU should move to SCD.
• That there should be a single ACPO lead for immigration and human trafficking crime and that this should rest with SCD.
• That a transition oversight group should be created to oversee these changes.

10 Management Board accepted these recommendations. Given the withdrawal of the Home Office funding, the decision was made to close the HTT. Management Board directed that CO14 will take on the responsibility for all aspects of adult human trafficking. Furthermore MB decided that CO14 as a whole will move into SCD becoming SCD9 as from 1st April 2010 and that the name of the unit should change from Clubs and Vice to reflect its changed remit. A final decision as to what the new unit will be called has still to be made.

11. These changes will enable human trafficking to be addressed as follows:

• Trafficking for sexual exploitation. SCD9 will have the capability and capacity to pick up all internal and external organised adult referrals and to conduct proactive operations to identify victims and target those criminal networks.
• Child trafficking. Operation Paladin, which safeguards children at London’s ports by investigating and advising on child trafficking matters, will maintain its current work within SCD5 towards child trafficking whilst developing frameworks with TP through Local Authority Safeguarding Boards. Operation Paladin will be able to draw on other resources within SCD including SCD9 as necessary.
• Trafficking for domestic servitude and forced labour. Frontline Territorial Policing (TP) officers and staff will be required, as they are now, to conduct investigations in these areas which are not cross borough and do not involve multiple victims. They will be supported in this by the development and delivery of a training and awareness package with partners, alongside a standard operating procedure (SOP) and investigation escalation process from boroughs to SCD9.

12 The benefits of moving CO14 into SCD are:

• Integration of immigration crime and human trafficking units within the same business group; namely child trafficking, organized adult trafficking and organized facilitation of illegal immigration.
• Greater efficiency and effectiveness in the use of resources through improved coordination, reduced duplication and clearer terms of reference
• Improved governance through having a single Commander leading on all aspects of immigration crime and human trafficking. This role is currently held by a TP Commander but will be transferred to an SCD Commander.
• Improved access to specialist resources within SCD such as intelligence, covert policing and units investigating murder, serious sexual assaults, kidnap and other serious offences.

Oversight arrangements for the change

13 A project board has been created with biweekly meetings chaired by Commander Allan Gibson (SCD). This has specialist project management support and has representatives from all key units and business groups affected by the changes.

Consultation through the change

14 Stakeholder consultation will continue within the transitional phase and thereafter. A number of events are being planned for key stakeholders for those working with human trafficking victims (led by AC Dick) and with a wider stakeholder audience to encompass other SCD9 responsibilities (led by Cmdr Gibson). A regular meeting structure will be established with stakeholders throughout the change.

Future review

15. It is suggested that the proposed structure is reviewed six months after implementation from 01.04.2010 inviting comment from internal and external parties.

16. The possibility of Operation Swale (focused on facilitating illegal immigration comprising 84 officers) and Operation Golf (focused on Romanian organized criminal networks trafficking children and young people for the purposes of criminal activity comprising 15 officers) being transferred to SCD from their current home within TP is also currently under discussion. This would allow the further streamlining of the MPS response to immigration crime and human trafficking within one business group. Operation Swale is fully funded by the UKBA and Operation Golf is part funded by the EU and has just been advised that further funding has been awarded in the sum of 1.6 million euros, and this will allow the operation to continue until December 2010. Operation Swale focuses on level 1 and 2 organised crime involving foreign nationals and other persons benefiting from immigration related criminality. Operation Golf focuses on human trafficking, many of them children, within the UK from Romania. Between them they have 99 officers and this option will require further detailed work before any final decision can be made but could represent building a significant capacity to immigration crime and human trafficking within one business group. The key issue to be considered is the uncertainty of external funding.

Risks to change

17. The MPS are involved in ongoing civil proceedings as a consequence of alleged failures to adequately investigate allegations of trafficking and domestic servitude. The Claims have been brought pursuant to Articles 3 and 4 of the European Convention on Human Rights under the Human Rights Act 1998. Article 3 prohibits torture and degrading treatment and Article 4 prohibits slavery and forced labour.

18. It is intended to provide training in conjunction with the Department of Legal Services to reduce the risk to the MPS in this area; a training package is being developed to this effect. These important areas of work are low volume (at this time) but require a degree of expertise to understand in detail.

Abbreviations

HTT

Human Trafficking Team

SCD

Specialist Crime Directorate

MB

Management Board

MIB

Met Intelligence Bureau

NGOs

Non Government Organisations

TP

Territorial Policing

SOP

Standard Operating Procedure

DCFD

Diversity and Citizen Focus Directorate

IAG

Independent Advisory Group

OCU

Operational Command Unit

C. Race and equality impact

1. Throughout this review process extensive engagement with other agencies, organisations, the Diversity and Citizen Focus Directorate (DCFD) and the Independent Advisory Group (IAG) has taken place alongside borough and central internal units. The process has been transparent and participative with the initial review document circulated both internally and externally for feedback.

2. This review concerns improving services to the public through organisational change and seeks to improve our service to minorities and vulnerable people. It is of particular note therefore that the majority of victims of human trafficking have been female for the purpose of sexual exploitation or children and most commonly from Romania and Lithuania.

D. Financial implications

1. This report has been discussed with the lead accountants for each of the business groups and a financial breakdown will need to be completed separately once all decisions are made about what units will go into SCD9. The planning assumption must, however, be that the new arrangement will be cost neutral in relation to the draft 2010-13 budget and business plan submitted to the MPA and Mayor.

2. The two cost centres that make up the Clubs and Vice OCU will transfer from CO to SCD with effect from 1st April 2010. The proposed budget transfer from CO for FY 2010/11 comprises:

• The main Clubs and Vice Unit budget of £6,226k
• The externally funded Migration Impact Unit budget of £350k

3. The transition oversight group will manage the transfer of these resources from CO to SCD.

E. Legal implications

Other than the matters raised at paragraph 17, there are no new legal implications associated with these decisions.

F. Background papers

None

G. Contact details

Report author(s): Commander Allan Gibson, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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