Social Work Scotland response to Section 38 Human Trafficking and Exploitation (Scotland) Act: Duty to Notify: targeted consultation
24 November 2025
Introduction
Social Work Scotland is the professional body for social work leaders, working closely with our partners to shape policy and practice, and improve the quality and experience of social services. We welcome the opportunity to respond to the Scottish Government’s consultation on Section 38 Human Trafficking and Exploitation (Scotland) Act: Duty to Notify – Targeted Consultation.
Background
This document provides an overview of the consultation findings and key considerations surrounding the implementation of a statutory Duty to Notify in Scotland, aimed at improving responses to human trafficking and exploitation. It explores the proposed inclusion of public and third sector bodies, approaches to voluntary notifications, data sharing protocols, operational challenges, and the role of Police Scotland as a central hub for notifications.
Members views address practical support needs, recent policy developments, and potential risks, offering insights into how this duty can be integrated effectively within existing safeguarding frameworks. A summary of members comments is provided below:
- Overall, members welcomed the principle of a Duty to Notify but raised practical and ethical concerns. They emphasised the importance of clarity – both in defining which organisations hold responsibility and in explaining the purpose of collecting detailed personal data.
- While supportive of multi-agency involvement, members questioned whether all proposed bodies genuinely need access to this information and warned against creating unnecessary complexity.
- Voluntary notifications were seen as pragmatic for certain groups, such as GPs, but members feared inconsistency and weak accountability without strong guidance.
- Data security and consent emerged as recurring themes, with members stressing the need for robust safeguards to prevent misuse and maintain trust.
- Operational challenges, including IT compatibility, workforce capacity, and integration with existing safeguarding frameworks, were highlighted as potential barriers.
- Finally, members underscored the critical role of third sector organisations but cautioned that their participation must be supported with training, resources, and clear protocols to avoid overburdening them.
The consultation questions are presented through the remainder of this document, along with the Social Work Scotland response which was formulated through discussion with our members.
