Serious Crime Act 2015
Female Genital Mutilation
Multi-Agency Practice Guideline (HM Government) 2014
Serious Crime Act 2015 Fact Sheet – female genital mutilation (Ministry of
Justice/Home Office) March 2015
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Background
FGM – Female Genital Mutilation involves the partial or total removal of
the external female organs for non-medical reasons. It is extremely
painful and has serious health consequences both when carried out and
later in life.
It can be carried out at any time in a girls life depending upon the
community however the majority of cases are thought to take place
between the ages of five and eight.
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Factors which heighten a girls/womans risk of being affected by FGM
• The position of the family and their integration within UK society – families
less integrated are believed to be more likely to carry out FGM
• Any girl born to a woman subjected to FGM must be considered at risk as
must other female children in the extended family
• Any girl who has a sister who has already undergone FGM and other female
children in the extended family
• Any girl withdrawn from Personal, Social and Health Education or Personal
and Social Education (maybe an indicator that her parents are trying to keep
her uninformed about her body and her rights)
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Factors which indicate FGM maybe immanent
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When a female family elder is around, particularly when she is visiting from a
country of origin
When a professional hears reference to FGM in conversation – ie a child telling
another child about it
When a girl confides she is to have a “special procedure” or attend a special
occasion to “become a woman”
If a girl requests help from a teacher or another adult because she is aware that
she is at risk
If a parent states that they or a relative will take the child out of the country for a
prolonged period
If a girls talks about a long holiday to her country of origin or another country
where the practice is prevalent.
When parents seek to withdraw their children from learning about FGM
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Factors that indicate that FGM may have already taken place
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If a girl or woman is having difficulty walking, sitting, standing and may look uncomfortable
A girl or woman who spends longer than normal in the bathroom or toilet due to difficulties
urinating - a girl may spend long periods away from the class room with bladder or menstrual –
problems.
A girl or woman having frequent urinary, menstrual or stomach problems
Prolonged or repeated absences from school or college
A prolonged absence from school or college with noticeable behaviour changes (withdrawal or
depression)
A girl or woman being particularly reluctant to undergo normal medical examinations
A girl or woman may confide in a professional
A girl or woman may ask for help but may not be explicit about the problem due to
embarrassment or fear
A girl may talk about pain or discomfort between her legs
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Current Law
• Female Genital Mutilation Act 2003
• Offence for any person in England, Wales or Northern Ireland to perform FGM
or assist a girl to carry out FGM on her self
• Offence to assist from England, Wales or Northern Ireland a non UK national
or resident to carry out FGM outside the UK on a UK national or PERMANENT
UK resident
• Offence for a UK national or PERMANENT UK resident to perform FGM abroad
or assist a girl to perform FGM on herself outside the UK
• Offence for a UK national or PERMANENT UK resident to assist from outside
the UK a non UK national or resident to carry out FGM outside the UK on a UK
national or PERMANENT UK resident
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Serious Crime Act 2015 (S70(1))
• Extends to prohibited acts done outside the UK by a UK national or
person who is RESIDENT in the UK
• And the offence being against a UK national or a PERSON WHO IS
RESIDENT in the UK
(removes the PERMANENT and there makes the IMMIGRATION STATUS
irrelevant)
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Serious Crime Act 2015 (S71)
• Reluctance to be identified as a victim of FGM is believed to be one of
the reasons for the low incidence of reporting the offence
• S71 prohibits the publication of any information that would be likely
to lead to the identification of a person against whom an FGM
offence is alleged to have been committed.
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Serious Crime Act 2015 (S72)
• Offence of failing to protect a girl from FGM - this applies to
• Those with PR and in frequent contact with her
• Or someone who has assumed responsibility for caring for the girl in the
“manner of a parent”
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Serious Crime Act 2015 (S73)
• Provides for FEMALE GENITAL MUTILATION PROTECTION ORDERs
(FGMPO)
• Can provide prohibitions, restrictions, or other requirements for the
purposes of protecting a victim or potential victim of FGM eg to
surrender a persons passport or any other travel document
• Breach of an FGMPO would be a criminal offence with a maximum
penalty of five years imprisonment or a civil breach punishable by up
to two years imprisonment
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Serious Crime Act 2015 (S74)
• Duty for professionals working in health care, social care and teachers
(regulated by a body overseen by the Professional Standards
Authority) to report to the police when they are informed by a girl
that FGM has been carried out on her or when the girl shows physical
signs indicating that that FGM has been carried out.
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Names for FGM
Female Genital Cutting
Circumcision
Initiation
Cut
CHAD
Bagne, Gadja,
GAMBIA
Niaka, Kuyungo, Musolula Karoola
GUINEA-BISSAU
Fanadu di Mindjer
EGYPT
Thara, Khitan, Khifad
ETHIOPIA Megrez, Absum
ERITREA
Mekhnishab
IRAN
Xatna
KENYA
Kutairi, Kutairi was ichana
NIGERIA
Ibi/Ugwu, Didabe fun omobirin/ila kiko fun, omobirin
SIERRA LEONE
Sunna, Bondo/Sonde
SOMALIA Gudiniin, Halalays, Qodiin
SUDAN
Khifad, Tahoor
TURKEY
Kadin Sunneti
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Guidelines for Children’s Social Care
“Every Children’s Services Department should as part of domestic violence and safeguarding
children protocols, consistent with those developed by their Local Safeguarding Children Board
that include handling cases where FGM is alleged or known about.”
If concerns are raised consideration should be given to other girls in the family and practising
community.
If there are concerns for the child’s immediate safety an immediate strategy discussion should be
set up.
Strategy discussion should consider whether the parents or girl has had access to information
about the harmful aspect of FGM and the law in the UK – if not this information should be
provided.
The girl should be provided with information on specialist therapeutic counselling services to
assist her in understanding the psychological impact of this harmful practice.
An interpreter, if required should be appropriately training in all aspects of FGM and should be
used in all interviews. The interpreter should not be a family member, not be known to the family
and not be someone with influence within the family’s community.
Every attempt should be made to work with the family on a voluntary basis.
Written agreement to be undertaken for parents not to perform FGM.
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