CHAPTER 18: Forced Marriages

See Section 9, Forced Marriage, of the Recognising Vulnerability of Children in Particular Circumstances Procedure for definition of forced marriage, further information and sources of guidance to assist professionals and members of the public in making a referral to Children's Social Care or the police CAIU.

See also The Right to Choose - Multi Agency Statutory Guidance for Dealing with Forced Marriage , and Multi-Agency Practice Guidelines - Handling Cases of Forced Marriage (Published by the Forced Marriage Unit in July 2009).

The Forced Marriage (Civil Protection) Act 2007 came into force in November 2008. The Act gives the courts a wide discretion to deal flexibly with each individual case, employing civil remedies that offer protection to victims without criminalising family members.

Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order. Such an order can be granted to prevent a marriage occurring or, where a forced marriage has already taken place, to offer protective measures. Orders may contain prohibitions (e.g. to stop someone from being taken abroad), restrictions (e.g. to hand over all passports and birth certificates and not to apply for a new passport), requirements (e.g. to reveal the whereabouts of a person or to enable a person to return to the UK within a given timescale) or such other terms as the court thinks appropriate to stop or change the conduct of those who would force the victim into marriage .A power of arrest may be added where violence is threatened. Breaches of such orders are not criminal offences but will be dealt with as contempt of court and the court will have a full range of sanctions, including imprisonment.

Third parties such as relatives, friends, voluntary workers and police officers can apply for a protection order with the leave of the Court. Since 1 November 2009, local authorities can apply for a protection order for a vulnerable adult or child without the leave of the court.

Information to obtain in these cases includes:

• Details of referrer and relationship with child
• Details of individual child under threat (including nationality, date of birth, passport details, school and employment details)
• Full details of the allegation
• Name and address of those with Parental Responsibility
• Background family information and any history of forced marriage

Information to be obtained in discussion with the child includes:

• List of any friends and family to be trusted
• Possible code to ensure you are communicating with the right person in future (e.g. in telephone calls)
• Background details of family including experiences of other family members of forced marriage, abuse or domestic violence
• Nature and level of risk (e.g. existence of secret boyfriend / girlfriend, pregnancy, already secretly married)
• Details of any perceived threats including potential spouses name, date of any proposed wedding, name of potential spouse's father (if known)
• Possibility of obtaining a recent photograph and other identifying documents - if s/he is going abroad a photocopy of the passport, passport number and date of issue
• School and any employment details
• Involvement of other agencies
• Document any distinguishing marks

Government advice for police and Children's Social Care includes:

• Do not treat an allegation of a prospective or actual forced marriage as a domestic issue and send the child back to the family home as part of a routine Section 47 Enquiry
• Do not contact the family in advance of enquiries by phone or letter
• Do not allow unsupervised contact
• Provide the child, wherever possible, with the choice of race and gender of social worker and / or police officer
• Inform the child of her/his right to seek legal advice and representation
• Liaise with the legal department
• Consult the Forced Marriage Unit (FMU), which provides confidential information and assistance to potential victims and concerned professionals (See Appendix 2, Key National Contacts)
• Create a restricted entry in the police force intelligence system
• Inform the child of her/his right to seek legal advice and representation
• Check police and Children's Social Care records for past referrals of family members
• Record any injuries and arrange any required medical examination (police)
• Provide personal safety advice (police)
• Identify potential criminal offences, secure evidence and submit a crime report, if applicable (police)
• Provide advice on service to be expected, contact details and other sources of help e.g. forced marriage unit, advocacy service and try to obtain agreement for referrals to local / national support groups'

If the individual is going overseas and there is concern that s/he may be forced into a marriage the following information is required:

• Photocopy of the individual's passport (s/he should also keep details of the passport number, place and date of issue)
• Father's name
• Any addresses where s/he may be staying overseas and of extended family in UK and overseas
• Potential spouses name, her /his father's name and date of proposed wedding (if known)
• Information that only the individual would be aware of (may assist in case another person is produced pretending to be the individual)
• Safe means of contact e.g. a mobile phone that will work overseas and details of a 3rd party with whom to maintain contact
• Estimated return date when s/he should be asked to contact the police without fail (and a written statement by the individual requesting police, Children's Social Care or a 3rd party to act if they do not)

INTERVENTION