Detailed guidance has been produced for the Education Service, the Police and Social Workers by the Home Office, Foreign and Commonwealth Office together with other Government Departments.
See “Dealing with Cases of Forced Marriage - Guidance for Education Professionals”
See “Dealing with Cases of Forced Marriage – Guidelines for Police”
See “Young People and Vulnerable Adults Facing Forced Marriage – Practice Guidance for social workers”
If there are concerns that a child or young person is in danger of a forced marriage, local agencies and professionals may also contact the Community Liaison Unit at the Foreign and Commonwealth Office .
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 are involved. Duress can include both physical and psychological pressure.
Forced Marriage is a violation of a persons human rights and cannot be justified on religious or cultural grounds.
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.
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.
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 all those with Parental Responsibility (unless the young person is a widow or 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 as a consequence of 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.
A young person in this situation may show signs that are noted at school or by friends of their own age group.
These can often be a noticeable change from previous behaviour. Typical indicators are:
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 need to be aware of Forced Marriages and the possibility of dealing with it.
Information or a referral about forced marriage may be received from the young person or 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 abuse, self-harm, child abuse or neglect, family and adolescent conflict or missing children or 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.
Forced marriage involves complex and sensitive issues; where information is available to any agency which gives rise to concerns about a forced marriage involving a child or young person under 18 it should be referred to Children’s Social Care Services in accordance with the Referrals Procedure.
All referrals must be responded to and further advice may be sought from the Review and Child Protection Unit.
Forced marriage 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:
If the person is under 18, the police will:
Children’s Social Care Services will carry out an assessment of the child’s circumstances and needs and make a detailed record of any reported history of abuse.
When assessing the risk of harm, a full family history must be taken to consider any forced marriage and abuse of any other member of the family as well as a secret boy or girlfriend, pregnancy, and self harming.
Children’s Social Care Services must:
It is important for Children’s Social Care Services to obtain as much information as possible when a child or young person is first referred, as there may not be another opportunity. A record should be taken of the young persons immediate personal details and the family details including any information about the need for an interpreter.
Full details of the allegation should be recorded, including details of any threats or hostile actions against the young person.
A record should also be made of the details of the person making the initial referral, including contact details and their relationship to the young person
It is imperative that family members are not informed about the concerns, as there will be ongoing safety issues for the young person, unless the young person is in agreement and does not think this will further compromise his/her safety.
All agencies should take particular care to ensure that their members of staff do not:
When a referral is received, 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:
At all times confidentiality and discretion are vitally important.
Information about the young person and their whereabouts must be kept confidential. Access should preferably be restricted to named members of staff. This includes both paper-based and computer records.
Before making any enquiries, the worker should consider whether there is a risk that the family will become aware that these enquiries are being made.
The worker must think very carefully about the need to disclose information and to whom it may be disclosed. Disclosure may lead to the young persons 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, the young person should be informed, the reasons explained and their consent sought.
Workers should be aware that some families will stop at nothing to find the young person, and often private investigators have been used to do this. Many times the family may approach a third party such as a local Councillor or MP with a seemingly reasonable request to contact the young person; do not provide information without checking with a manager and the young person first.
When arranging to see the young person, thought should be given to where and when this should happen, for example, if the young person is coming to an office, consider arranging the appointment out of hours to minimise risks to the safety of the young person.
Concerns about forced marriage should not be discussed with the young person's family or friends, and information should not be shared without the express consent of the young person, unless it is necessary to protect the young person and is in accordance with the guidance contained in Information Sharing and Confidentiality Procedure. 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.
A Strategy Discussion/Meeting will be needed to deal with this issue; the Police, Housing Services, Children’s Social Care Services, Health and voluntary organisations must work together to address the young persons need for information, protection, financial support, accommodation and emotional support. Legal advice will be needed to inform the Strategy discussion as legal action may be necessary.
Where an Initial Child Protection Conference is convened, great care must be taken to manage information about the whereabouts of the young person. The social worker and his/her manager must discuss the arrangements with the Conference Chair and consider whether the family should be present or not, or at the same time as the young person, as threats may be made. Children’s Social Care Services should give full consideration to the use of an independent interpreter/cultural adviser.
| 9.1 |
If the young person wishes to remain in the family home, it is essential to devise a way of contacting the young person 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 to raise the alarm if there are concerns about increased risk to safety; having access to emergency money; having an escape plan. Consideration should be given to the possibility that written communications including emails may be intercepted and that telephone communications may be detected, for example, through the phone bill. |
| 9.2 |
If the young person wishes to leave the family home, there will need to be a leaving strategy. This will include issues such as:
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| 9.3 | 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 country, who are not involved in the forced marriage. They may not have indefinite leave to remain in the UK, but if they were to return to their country of origin they may be ostracised and exposed to a high risk of violence. In many cases they may not speak the language and will not have knowledge about local resources. They may require a range of support services. |
| 9.4 |
A young person may be 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. As much of the following information as possible should be gathered so that action can be taken, if necessary.
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 home in order to protect them and prevent the travel abroad. |
| 9.5 |
Young people who leave home to escape a forced marriage or the threat of one face particular difficulties. Agencies may be criticised 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. 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. |
End