Dealing with cases of forced marriage: Practice Guidance
Forced marriage is an abuse of human rights, a form of domestic abuse and, where it
affects children and young people, child abuse. Cases of forced marriage are difficult,
complex and potentially very risky for the young person involved and any professionals
dealing with such cases should always get advice, support and consultation from
specialist practitioners. There may be only one chance to understand and respond to the
situation and no child, young person or adult in that position should be left to walk away
without help.
Whatever a young person’s circumstances, they have rights that
should always be considered, including:
The young person’s wishes
Their personal safety and the level of actual or future risk
Confidentiality
Accurate information about rights and choices
Key Principles:
Confidentiality and information sharing are extremely important and professionals need
to be clear when confidentiality can be offered and when information given in confidence
should be shared. However be careful how much information is given to anyone;
including the overseas police; that could place the young person in further danger.
Certain responses may place a victim at further risk of harm including the failure to share
information promptly between agencies, breaches of confidentiality, the danger of
involving families and all forms of family counselling, mediation, arbitration and
reconciliation.
Forced marriage should automatically be handled as a child protection issue. Local
authorities generally have to work with parents and consider family members and friends
as potential carers. However, in cases of forced marriage, professionals should
recognize the danger of involving the family and their community and not approach them.
Family group conferences, family counselling, mediation, arbitration and reconciliation all
bring a risk of physical harm and emotional manipulation to the victim.
Immediate emergency action may be necessary to protect a child or young person and a
strategy discussion should take place as soon as possible
Potential remedies:
For children, a young person can be accommodated under s.20 of the Children Act 1989
(in which case the child will be looked after), or by the provision of services, including
accommodation, under s.17 of the Children Act. A young person of 16 years and over
can request, and be given, accommodation in their own right against the wishes of
people with parental responsibility.
An application for a care or supervision order can be made under the Children Act 1989
or wardship proceedings may be issued in the High Court. Adults can seek an order for
protection from harassment or non-molestation.
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A Forced Marriage Protection Order can be sought under the Forced Marriage (Civil
Protection) Act 2007 to protect both adults and children at risk of being forced into
marriage and to offer protection for those who have already been forced into marriage.
Removing the alleged perpetrator from the household is very unlikely to be a solution
Assessment:
The Assessment Framework may not highlight any problems concerning children and
young people facing forced marriage. They often come from very loving families where
the parents capacity to provide safety, emotional warmth and stability is excellent. The
children are often high achievers at school, their health is good, they are well integrated
into the local community and have good relations with the wider family. Warning signs
may not be easily identified.
Potential indicators:
There are five main areas to assess in relation to forced marriage.
Family history
Siblings who have been forced to marry or early marriage of siblings
Self-harm or suicide of sibling
Family disputes or evidence of domestic violence and abuse
Running away from home
Unreasonable restrictions such as house arrest or financial restrictions
Cutting or shaving of a woman’s hair as a form of punishment
Death of a parent
Employment:
Poor performance, poor attendance
Limited career choices, not allowed to work or inflexible working arrangements
Unreasonable financial control such as confiscation of earnings
Unable to attend business trips or functions
Leaving work accompanied
Education
Truancy or low motivation at school, poor exam results, a decline in behaviour,
performance, punctuality
Sudden withdrawal from school, not provided with suitable home education
A request for extended leave of absence, persistent absence or failure to return from
visits abroad
Suspicion of or evidence of surveillance by siblings or relatives
Not allowed to attend extracurricular activities
Sudden announcement of engagement to a stranger
Prevented from going on to further/higher education
A girl may report that she has been taken to the doctors to be examined to see if she is a
virgin.
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Health:
Self-harming, attempted suicide, eating disorders, depression, isolation, substance
misuse
Acid attacks or symptoms associated with poisoning
Accompanied to doctors or clinic, request for examination to see if girl is a virgin
Early/unwanted pregnancy
Female genital mutilation
Removal from a day center of a person with a physical or learning disability
Police involvement:
Victim or other siblings within the family reported missing
Reports of domestic abuse, harassment or breaches of the peace at the family home
Female genital mutilation
The victim reported for offences e.g. shoplifting or substance misuse
Threats to kill and attempts to kill or harm
Reports of other offences such as rape or kidnap
Young people living under the threat of a forced marriage, or living within one, may face
significant harm if their families realise that they have asked for help. All aspects of their
safety need to be carefully weighed up at every stage and whether it is safe for them to
return home is a key decision from the start. Staff also need to recognize and assess the
risk to other siblings in the household.
Some families go to considerable lengths to find their children who run away. They may
be reported as missing by their families, but no mention is made of the forced marriage.
Once the young person is found it is very important that practitioners explore the
underlying reasons before any decisions are made about their return home.
Before they do so it is very important to fully assess the level of risk and make sure they
are safe. The young person may need to be rehoused and relocated to a different area
and if they are involved as a witness in criminal proceedings they will probably need to
be part of a witness protection scheme and given legal advice about changing their
name.
What to do:
Talk to the young person immediately on their own, even if they come with others, in a
safe and private place
Give the young person, where possible, the choice of the race and gender of the worker
who deals with their case
Inform them of their right to seek legal advice and representation. Know where to find it.
Get specialist advice from the Forced Marriage Unit, and from adult services if the victim
is a vulnerable adult or a young person with a disability or learning difficulty. Check for
updated guidance.
Assess the risk of harm facing the young person, any other siblings or young family
members and agree a personal safety plan. Consider the need for immediate protection
and placement away from the family and hold a strategy meeting if there is a risk of
significant harm.
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Assess the need for practical help such as accommodation and financial support
Explain all the options to the young person, including the child protection process and
listen to their point of view. Then decide what to do to keep the young person safe,
involving them in the decisions as far as possible and explaining what will happen next.
Offer emotional support and information about their rights and choices
Talk to the young person about the need for a medical examination and if they need
treatment for injuries or any emotional or physical illness. Keep detailed documentation
of any injuries or history of abuse, as the police may require this for any subsequent
prosecution.
Obtain a photo of the young person and details of their passport if possible and any
other useful information.
Assess the level of information that it is safe to disclose to their families, friends,
members of the community and any other parties in the UK or abroad.
Consider the need for Multi Agency Public Protection Arrangements (MAPPA) and MultiAgency Risk Assessment Conferences
When an individual insists on meeting with their parents, it should only take place in a
safe location, supervised by a trained or specialist professional with an authorized
accredited interpreter present (not from the same local community).
Don’t:
Have family members or others present at the interview.
Put the young person or yourself at risk of harm.
Send the young person back to the family home against their wishes or ignore what they
have told you.
Contact or approach the young person’s family, friends or people with influence within
the community, unless you are sure it is safe to do so and you have agreed this with the
young person.
Breach confidentiality, except where absolutely necessary, in order to ensure the young
person’s safety.
The role of mediation:
Mediation, reconciliation and family counselling as a response to forced marriage can be
extremely dangerous and may increase the young person’s vulnerability and place them
in danger. Any unsupervised contact with their family needs to be carefully assessed as
it can place the young person at risk of further emotional abuse or lead to pressure being
placed on them to return home. However if the young person does wish to go home or
talk to their family all the risks should be explained and a safety plan put in place.
The Forced Marriage Unit offers confidential advice and assistance for those at risk of
being forced into marriage overseas. Contact the Forced Marriage Unit on 020 7008
0151 or www.fco.gov.uk
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Refs:
The right to choose: multi-agency statutory guidance for dealing with forced
marriage HM Government Nov 2008
http://www.fco.gov.uk/resources/en/pdf/3849543/forced-marriage-right-to-choose
Practice Guidance for social workers issued by the Foreign & Commonwealth
Office
http://www.fco.gov.uk/resources/en/pdf/FM-Guidance-Social-Workers
Forced Marriage (Civil Protection) Act 2007
http://www.opsi.gov.uk/acts/acts2007/ukpga_20070020_en_1
Further reading:
Dr Nazia Khanum OBE. Forced marriage, family cohesion and community
engagement: national learning through a case study of Luton, March 2008
http://www.luton.gov.uk/Media%20Library/Pdf/Chief%20executives/Equalities/Forced%2
0Marriage%20Report%20-%20Final%20Version.pdf
James Brandon and Salam Hafez Crimes of the Community Honour-based
violence in the UK, Feb 2008, Centre for Social Cohesion
http://www.socialcohesion.co.uk/pdf/CrimesOfTheCommunity.pdf
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