4.1.8 Children and Forced Marriage |
AMENDMENT
This chapter was updated in October 2010.
RELEVANT GUIDANCE
See also Multi Agency Practice Guidance: Handling Cases of Forced Marriage (published by the Forced Marriage Unit in June 2009) and Forced Marriage guidance for local authorities and relevant third parties (published by the Ministry of Justice in November 2009)
Further advice can be sought from the Forced Marriage Unit - see Contact Details
Contents
Justifications used for Forced Marriages
Role of Children’s Social Care
Guidance for Education and Other Professionals
If the Young Person Stays at Home
If the Young Person Decides to Leave Home
Young Person Arriving in the United Kingdom
If the Young Person is going Overseas
Young Person who has Run Away from Home
Appendix 1 (Organisations’ contact details)
See also Flowchart for Forced Marriages and Honour Based Violence
Definition
There is a clear difference between a forced marriage and an arranged marriage. In arranged marriages, the families of both spouses take a leading role in arranging the marriage but the choice of whether or not to accept the arrangement remains with the young people.
In a forced marriage, one or both spouses do not consent to the arrangement of the marriage and some elements of duress is involved. Duress can include both physical, sexual, emotional, psychological and financial pressure.
Forced Marriage is a gross abuse of a persons human rights and cannot be justified on religious or cultural grounds. It is a form of domestic violence that dehumanises people by denying them the right to choose how to live their lives.
Forced Marriage is primarily an issue of violence against women. Most cases involve young women and girls aged between 13 and 30, although there is evidence to suggest that as many as 15% of victims are male.
Currently, approximately 300 cases of forced marriages are reported to the Forced Marriage Unit each year. Others come to the attention of police, social services, health, education and voluntary organisations. Many go unreported.
The majority of cases in the United Kingdom involve South Asian families. However there have been cases involving families from East Asia, the Middle East, Europe and Africa. Some forced marriages take place in the UK with no overseas element, while others involve a partner coming from overseas or a British citizen being sent abroad.
Justifications used for forced marriages
- Cultural or religious traditions
- Controlling unwanted behaviour including promiscuity or being gay or lesbian
- Protecting ‘family honour’
- Responding to peer group or family pressure
- Attempting to strengthen family links
- Ensuring land, property and wealth remain within the family
- Protecting religious and cultural ideas which are misguided
- Preventing ‘unsuitable’ relationships e.g. outside the ethnic, cultural religious or caste group
- Assisting claims for residence and citizenship
- Fulfilling long-standing family commitments
Legal Position
The minimum age at which a person is able to give consent to marriage is 16; a person between the ages of 16 and 18 may not marry without consent from the person with parental responsibility (unless the young person is a widow/widower).
Section 12(C) of the Matrimonial Causes Act 1973 states that a marriage is voidable if 'either party to the marriage did not validly consent to it, whether in consequences or duress, mistake, unsoundness of mind or otherwise'. A voidable marriage exists and is valid until a decree of nullity is obtained. The proceedings must be instituted within 3 years of the date of the marriage or the Court must extend the time limit.
Currently there is no specific criminal offence of 'forcing someone to marry' in England and Wales. However perpetrators, usually parents or family members, could be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, false imprisonment, harassment, child cruelty, trafficking and, in worst cases murder. Sexual intercourse without consent is rape, regardless of whether this occurs within the confines of a marriage.
The definition of domestic violence is 'any criminal offence arising out of physical, sexual, psychological, emotional or financial abuse by one person against a current or former partner in a close relationship, or against a current or former family member.
Forced marriage has also been linked to honour based violence and in extreme circumstances 'honour killing', when a person refuses to go through with the marriage. For further information on honour based violence and killing please see Honour Based Violence Procedure.
In addition, the Forced Marriage (Civil Protection) Act 2007, which was implemented in November 2008, makes provision for protecting children, young people and adults from being forced into marriage without their full and free consent or to offer protective measures when a forced marriage has already taken place (through Forced Marriage Protection Orders). Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order. Third parties, such as relatives, friends, voluntary workers and police officers, can also apply for a protection order with the leave of the court. Since 1 November 2009, the local authority has the right to apply for a Forced Marriage Protection Order as a third party without the need to obtain leave from the court. Guidance for local authorities on making such an applications and information for other agencies has recently been published on the Ministry of Justice website.
The court's powers are wide and orders may contain prohibitions, restrictions or requirements or such other terms as the court thinks appropriate to stop or change the behaviour or conduct of those who would force the young person into marriage. Each Forced Marriage Protection Order, made by the court will contain terms that are designed to protect the victim in their particular circumstances.
Examples of the types of orders the court might make are:
- To prevent a forced marriage from occurring;
- To hand over all passports (where there is dual nationality) and birth certificates and not to apply for a new passport;
- To stop intimidation and violence;
- To reveal the whereabouts of a person;
- To stop someone from being taken abroad; and
- To facilitate or enable a person to return to the UK within a given time period.
Orders may also be made against other people, not named as respondents in the application, recognising the complexity of the issues and the involvement of the wider community and the numbers of people who might be involved.
The court may add a power of arrest where violence is threatened or used or where there is a risk of Significant Harm, either to the intended victim or to someone else in connection with the intended marriage and the court considers that there will be inadequate protection without it. Breach of an order made under the Act is not a criminal offence, but the respondent may be arrested if the police believe there is reasonable cause to suspect there is a breach of the order. Breach is dealt with as contempt of court and the courts will have the full range of sanctions available to them, including imprisonment for up two years.
The Act also enables the court to respond to emergency situations, by making orders without notice to the respondent (s).
Other Options that may be available.
Social Care may be in a position to liaise with the police to consider the use of Police Protection Powers for children under the age of 18, which may be utilised to ensure the safety of a child at risk of a forced marriage.
Police Protection Powers:
Under s46 (1) of the Children Act 1989, where a constable has reasonable cause to believe that a child would be likely to suffer significant harm, he may:
S46(1)(a) remove a child to suitable accommodation and keep him or her there.
S46 (1)(b) take such steps as are reasonable to ensure a child's removal from any hospital or other place in which he or she is being accommodated is prevented.
The power remains in force for a maximum of 72 hours. After this the child will have to be returned to the legal guardian unless the an Emergency Protection Order is obtained under Section 44 of the Children Act 1989 or unless an Interim Care Order (Section 38 of the Children Act 1989) is applied for.
Social Care will of course need to contact legal for advice in respect of an Emergency Protection Order or an Interim Care order to consider firstly whether an order can be sought, dependent upon the child's age. If an order can be sought, then advice will need to be obtained to consider which order is the most appropriate and whether the threshold criteria is satisfied under Section 31(2) of the Children Act 1989 and that there are sufficient grounds to seek an order.
Another option maybe to accommodate a child who has reached the age of 16 and agrees to being provided with accommodation under Section 20 (11) of the Children Act 1989. However, advice from legal should again be obtained before seeking this course of action.
Social Care may also be able to assist the young person to seek legal advice in respect of other orders that may be applicable as follows:
- Non-Molestation Order under Section 42 of the Family Law Act 1996: This order would forbid the named person(s) from using violence or other behaviour which amounts to pestering or harassing the applicant. An order can also be sought in relation to a child of the family. If a child under 16 is seeking an application, then leave of the court will be required. Although this is a civil order, a breach of the order would be considered a criminal offence.
- Injunction under the Protection from Harassment Act 1997 against a spouse, family member or other person. This injunction can be sought if there is a course of conduct amounting to harassment.
- The Sexual Offences Act 2003 also sets the offences that can be considered and may have been committed during the forced marriage.
Warning Signs
- Truancy
- Decline in performance or punctuality
- Low motivation at school
- Poor exam results
- Being withdrawn from education by those with parental responsibility
- Not allowed to attend extra-curricular activities
- Self harm/ attempted suicide
- Eating disorders
- Depression
- Isolation
- Substance misuse
- Siblings forced to marry
- Family disputes
- Running away from home
- Unreasonable restrictions e.g. house arrest
- Other young people within the family reported missing
- Reports of domestic violence or breaches of the peace at the family home
- Female genital mutilation
- Concerns raised about other behaviours e.g. shoplifting or substance misuse
- Unreasonable financial control e.g. confiscation of wages/income
Principles
Coventry Safeguarding Children Board recognise that the issue will need to be managed sensitively and with the consultation of members of the community and professional agencies, in raising awareness and providing relevant information.
Forced marriage places children and vulnerable adults at risk of rape and possible physical harm. Some cases have resulted in the reluctant spouse being murdered. All agencies and organisations need to be aware of Forced Marriages and the possibility of dealing with it. Each agency should have a policy in place that includes a preventive strategy, which incorporates sensitive and culturally appropriate dialogue.
Information or a referral about forced marriage may be received from the young person, from a friend or relative, or from a statutory, voluntary or faith organisation. Forced marriage may also become apparent when other family issues are addressed such as domestic violence, self-harm, child abuse or neglect, family/ adolescent conflict or missing persons/runaways.
It is important that staff of all agencies understand the difficulties that young people face in challenging a forced marriage. They are likely to have no experience of living outside the family and may face rejection and harassment by the family and by the community.
Cases of forced marriage involve complex and sensitive issues; any such case that involves a young person under 18 should be treated as a child protection issue, and a Strategy Discussion/Meeting arranged.
A Common Assessment Framework assessment is not appropriate in this case nor is a Family Group Conference and this would trigger a referral to Children's Social Care under the Referrals Procedure.
Role of Police
Forced marriage typically involves criminal offences. Although there is no specific criminal offence of “forcing a person to marry”, perpetrators may be prosecuted for a variety of offences, such as threatening behaviour, assault, kidnap, abduction, rape and murder.
A person fleeing a forced marriage, or the threat of a forced marriage, should be referred to the police if:
- There is any suspicion that they have been the victim of a crime; or
- The person is under the age of 18; or
- There are any concerns about their safety, or about the safety of their siblings or children.
If the person is under 18, the police will
- Consult the Child Abuse Investigation Unit
- Inform Children’s Social Care
- Check if the young person is subject to a Child Protection Plan; and
- Ensure that an appropriate adult is in attendance at all interviews – members of the extended family are not appropriate in this situation.
Role of Children’s Social Care
Children’s Social Care will:
- Make a detailed record of any reported history of abuse (see Paragraph below)
- Note any abuse experienced by the young person
- If appropriate, arrange a medical examination
- Assess the risk of harm – risk factors include a family history of forced marriage and abuse, a secret boy/girlfriend, pregnancy, and self harming
- Give the young person advice on personal safety
- Consider the possible need for immediate protection and placement away from the family; and
- Discuss with police any concerns for the safety of any other children and any suspicion that a crime may have been committed.
Guidance for Education and Other Professionals
If you suspect a young person is going to be forced into marriage or has undergone a forced marriage you must make a referral to your Child Protection Officer and in turn Children's Social Care Services. This must receive your urgent attention. See Referrals Procedure.
It is important to get as much information as possible when the case is first reported, as there may not be another opportunity. A record should be taken of the young persons:
- Name
- Nationality, first language and fluency in English
- Date and place of birth, if possible a photocopy of the birth certificate
- Parents’ names and address
- Passport details, in particular passport number, with the date and place of issue, if possible a photocopy of the passport
- School or employment details; and
- Full details of the allegation, including details of any threats or hostile actions against the young person
- Their mobile phone number or a number that is safe for you to reach them on.
A record should also be made of the details of the person making the initial report, including contact details and their relationship to the young person.
It is imperative that you do not inform family members about your concerns, as there will be on going safety issues for the young person.
Agencies should take particular care to ensure that their staff do not:
- Use family members, friends, neighbours or community leaders as interpreters. Staff who may be related to the young person/family should not be used as interpreters either
- Send the young person back to the family home against their wishes
- Approach the young person's family or friends or others within the young person's community without the young person's explicit consent
- Notify the family in advance of enquiries
- Attempt to mediate between the young person and the family except at the young person's specific request;
- Make arrangements for a Family Group Conference, because of the risk of physical danger and emotional manipulations that the young person may experience as a result
- Breach the young person's confidentiality, unless this is necessary to ensure their or others safety.
The young person should be interviewed in a secure and private place, on their own. They may want to be seen by a person of their own gender, and they may want to talk to someone from their own community - or to avoid talking to someone from their own community.
The person interviewing the young person should:
- Discuss the range of options available to them and the possible consequences of each course of action
- Ensure that you can signpost them to an appropriate advisor who can make them aware of their right to seek legal advice and representation; and
- Develop a “cover story” - a plausible alternative reason for the young person to be at the social work office, police station etc., in case they are seen there.
In all cases confidentiality and discretion are vitally important -
- Keep recorded information about the young person and their whereabouts confidential. Access should preferably be restricted to named members of staff. This includes both paper based and computer records
- Before making any enquiries, consider whether there is a risk that the family will become aware that these enquiries are being made
- Think very carefully about the need to disclose information and to whom it may be disclosed. Disclosure may lead to estrangement from the family and increase the risk of significant harm to the young person
- When considering disclosure of confidential information to another person or agency, inform the young person, explain the reasons, and seek their consent.
Please be aware that some families will stop at no cost to find the young person, private investigators have previously been used to do this.
Options available to the young person are extremely limited, and each will carry its own risks. In summary, they are:
- To remain in (or return to) the family and hope that the situation can be resolved
There may be serious risks in this course of action, particularly if the family are aware that the young person has sought advice – including an increased risk that the young person will be taken to the parents’ country of origin
- To leave the family, start a new life, while keeping disclosure of his/her whereabouts to a minimum
This can make the young person extremely vulnerable and isolated. The family may make comprehensive efforts to search for them
- To leave the family, start a new life, and take some kind of legal action against the family.
Many young people would rarely consider the possibility of prosecuting their own family.
You should be able to inform the young person of where they will be able to get advice about support and counselling. See Appendix 1 (Organisations’ contact details).
When you are arranging to see the young person thought should be given to where and when you will see them, for example if the young person is coming to your office, consider arranging the appointment out of hours to maximise the safety of the young person and minimise the risk
Extreme caution must be exercised in these circumstances. Do not discuss concerns about forced marriage with the young persons family or friends, or share information outside child protection information sharing protocols without the express consent of the young person. Such action could place a child or young person at increased risk. If approached parents may deny that the young person is being forced to marry, move the young person, expedite any travel arrangements and bring forward the forced marriage.
There will generally be a need for interagency action in dealing with this issue; the police, housing, social care and health and voluntary organisations will need to work together to address the young persons need for protection, information, financial support, accommodation and emotional support
If the Young Person Stays at Home
If the young person wishes to remain in the family home it is essential to devise a way of contacting them discreetly without placing them at increased risk of harm. This should include a code word to ensure that contact has been made with the right person. A safety plan should be put in place with the young person, looking at how he/she will raise the alarm if s/he is concerned about increased risk to his/her safety, having access to emergency money, having an escape plan etc. Consideration should be given to the possibility that written communications may be intercepted and that telephone communications may be detected, e.g. through the phone bill.
If the Young Person Decides to Leave Home
A young person who wishes to leave the family home will need a leaving strategy. This will include issues such as -
- Where could they go in an emergency?
If the young person is in immediate danger, it may be necessary to consider admission to local authority accommodation, an Emergency Protection Order or Police Protection. In this situation it is not appropriate to rely on the extended family to provide a place of safety unless the young person can identify a relative in whom they have absolute trust.
It may be necessary to place the young person outside their community and in a different local authority area.
- What would they need to start a new life?
If it is possible to plan the move in advance, the young person should open a bank/savings account in their own name, and identify a safe place (e.g. police station, social workers office or the home of a trusted friend) to leave spare clothing, cash and important documents (passport, National Insurance number, birth certificate).
The young person will also need to consider changing their name and other details, to minimise the risk of being found by family members.
- Communication
The young person should keep help line numbers close at hand. They should consider the security of their mobile phone - e.g. who has access to the bill? It may be necessary to keep a telephone card or change for urgent phone calls. Ask for details about where they will be staying and ways to contact them.
Young Person Arriving in the United Kingdom
A young person arriving in the UK for the purpose of a forced marriage, or following a forced marriage, will be in an extremely vulnerable position. They may have no contacts in the UK who are not involved in the forced marriage. They may not have indefinite right to remain, but returning to their country of origin may cause the young person to be ostracised and exposed to a high risk of violence. Any young person in this situation should be referred quickly to the Governments Forced Marriages Unit who will be able to offer support and guidance, 020 7008 8706/0230.
If the Young Person is going Overseas
A young person may ask for help because they are going on a family holiday overseas and suspect that they will be forced to marry. Any such concerns should be taken seriously, but the arrangement of an extended holiday should not be assumed to imply that a forced marriage is planned. In this situation, as well as the information listed in Section 8, Guidance For Education and Other Professional Working with Children and Young People..., as much of the following information as is available should be recorded:
- Overseas contact details and address of where they will be staying and other relatives they maybe visiting while abroad
- A recent photograph
- Contact details of someone the young person trusts in the UK
- Departure and expected return date
- Potential spouses name
- Name of potential spouses father
- Addresses of extended family members in UK and overseas; and
- Who they are travelling with.
The person interviewing the young person should gain as much information as possible including:
- Encourage the young person to keep a separate note of their passport number and the date and place of issue
- If possible, take and keep a photocopy of the young persons passport; be aware that they may have more then one passport with which they can travel
- Give the young person the address and phone number of the British Embassy in the country to which they are travelling
- Establish a safe means to make contact with the young person, e.g. a mobile phone that will work overseas
- Encourage the young person to memorise at least one telephone number and e-mail address
- Ask the young person for details of a trusted person in the UK with whom they will keep in contact whilst overseas, who will act on their behalf and who can be approached if they do not return
- Make contact with this person before the young person departs
- Take a written statement from the young person that they want the Social Worker (or another person) to act on their behalf if they do not return by a certain date
- Ask the young person to make contact without fail on their return; and
- Record some information that only the young person will know – this may help later in confirming their identity.
If there is a clear risk of forced marriage, and the risk is imminent, it may be necessary to take emergency action to remove the young person from their home in order to protect them.
An application can also be made for forced marriage protection order seeking an order to hand over passports which would prevent the young person from travelling abroad - see Legal Position.
The Forced Marriages Unit at the Foreign and Commonwealth Office can offer advice and assistance on matters relating to forced marriages abroad, see Appendix 1 (Organisations’ contact details).
Young Person who has run away from home
Young people who leave home to escape a forced marriage, or the threat of one pose particular difficulties. Agencies may face criticism for providing support and protection to a young person who has run away from home, and for failing to share information about the young persons whereabouts with the family. However, the first consideration must be for the young persons safety and welfare.
Any young person who has run away from home should be interviewed on their own to establish why they ran away. Issues related to forced marriage may come to light at this time. If the young person is at risk of being forced into a marriage, it may not be in their best interests to disclose any information to their family, friends, or members of their community until their continued safety has been secured.
Appendix 1 (Organisations’ contact details)
All the organisations listed below can give confidential advice and information.
Forced Marriages Unit:
Open Monday – Friday from 9am – 5pm
Tel: (+44) (0)20 7008 0151
Emergency Duty Officer (+44) (0)20 7008 1500
E-mail: fmu@fco.gov.uk
Website
The Doli Project:
Offering support to anyone affected by forced marriage. Services include advice, counselling and signposting.
Tel: 0845 6581057
E-mail: doli@c-b-p.org
Coventry Rape and Sexual abuse Centre
Tel: 024 7627 7777
Panahghar Domestic Violence Shelter
Tel: 024 7622 8952
NSPCC Child Protection Helpline
Tel: 0808 800 5000
Shelter (for housing advice)
Tel: 0808 800 4444
Coventry Children's Social Care
024 7678 8555
Emergency Duty Team
024 7668 1369
Coventry Public Protection Unit
024 7653 9044
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