Member

166: After Clause 26, insert the following new Clause— “Independent Guardians(1) The Modern Slavery Act 2015 is amended as follows.(2) For section 48 substitute—“Independent guardians(1) The Secretary of State must make arrangements to enable persons (“independent guardians”) to be available to represent and support children to whom this section applies.(2) This section applies to a child if—(a) a reference relating to that child has been, or is about to be, made to a competent authority for a determination for the purposes of Article 10 of the Trafficking Convention as to whether there are reasonable grounds to believe that the child is a victim of modern slavery or human trafficking, and(b) there has not been a conclusive determination that the child is not such a victim; and for the purposes of this subsection a determination which has been challenged by way of proceedings for judicial review shall not be treated as conclusive until those proceedings are finally determined.(3) This section also applies to a child who appears to the Secretary of State to be a separated child.”(3) After section 48 insert—“48A Independent Guardians: functions(1) This section defines the functions and duties of person appointed as an independent guardian under section 48.(2) The functions of an independent guardian are to—(a) ascertain and communicate the views of the child in relation to matters affecting the child;(b) consult regularly with the child and keeping the child informed of legal and other proceedings affecting the child and any other matters affecting the child;(c) contribute to a plan to safeguard and promote the future welfare of the child based on an individual assessment of that child’s best interests in line with leaving care services. (3) In the discharge of their functions, the independent guardian must at all times act in the best interests of the child.(4) The advocate will assist the child to obtain legal or other advice, assistance and representation, including by appointing and instructing legal representatives to act on the child's behalf.(5) For the purposes of this Act—“separated child” means a child who—(a) is not ordinarily resident in England and Wales, and(b) is separated from all persons who—(i) have parental responsibility for the child, or(ii) before the child’s arrival in England and Wales, were responsible for the child whether by law or custom.””Member’s explanatory statement This amendment seeks to incorporate the entitlement to independent guardians for separated and trafficked children and set out their functions.