24. Forced marriage of a child
24.1 Introduction
24.1.1 |
Hundreds of people in the UK (particularly girls and young women), some as young as nine, are forced into marriage each year. A 'forced' marriage, as distinct from a consensual 'arranged' one, is a marriage conducted without the full consent of both parties and where duress is a factor. Duress cannot be justified on religious or cultural grounds. |
24.1.2 |
In 2004, the Government's definition of domestic abuse was extended to include acts perpetrated by extended family members as well as intimate partners. Consequently, acts such as forced marriage and so-called 'honour crimes' (which can include abduction and homicide) now come under the definition of domestic abuse. |
24.2 Recognition
24.2.1 |
A child who is being forced into marriage is at risk of significant harm through physical, sexual and emotional abuse. See Responding to Concerns of Abuse and Neglect Procedure. Significant harm is defined in Responding to Concerns of Abuse and Neglect Procedure, Concept of significant harm as a situation where a child is suffering, or is likely to suffer, a degree of physical, sexual and / or emotional harm (through abuse or neglect), which is so harmful that there needs to be compulsory intervention by child protection agencies into the life of the child and their family. |
24.2.2 |
The majority of forced marriages reported to date in the UK have involved families from South Asia; other communities in which there have been cases include Europe, East Asia, the Middle East 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 national being taken abroad. |
24.2.3 |
The reasons given by parents who force their children to marry include protecting their children, building stronger families, strengthening family links, protecting family honour (e.g. promiscuity or homosexuality), retaining or acquiring wealth, appeasement etc. |
24.2.4 |
Suspicions that a child may be forced into marriage may arise in a number of ways, including:
|
24.2.5 |
Information about a forced marriage may come from one of the child's peer group, a relative or member of the child's local community, from another professional or when other family issues are addressed, such as domestic abuse between parents. |
24.3 Response
24.3.1 |
Situations where a child fears being forced into marriage have similarities with both domestic abuse and honour based violence. Forced marriage may involve the child being taken out of the country (trafficked) for the ceremony, is likely to involve non-consensual and/or underage sex, and refusal to go through with a forced marriage has sometimes been linked to so-called 'honour killing'. |
24.3.2 |
Professionals should respond in a similar way to forced marriage as with domestic abuse and honour based violence (i.e. in facilitating disclosure, developing individual safety plans, ensuring the child's safety by according them confidentiality in relation to the rest of the family, completing individual risk assessments etc). See Safeguarding Children Affected by Domestic Abuse Procedure and Honour based violence Procedure. |
24.3.3 |
The needs of victims of forced marriage will vary widely. The child may need help avoiding a threatened forced marriage, or help dealing with the consequences of a forced marriage that has already taken place. |
24.3.4 |
Where a suspicion or allegation of forced marriage or intended forced marriage is raised, there may be only one opportunity to speak to a potential victim, so an appropriate initial response is vital. The professional should:
|
24.3.5 |
The professional or their agency's designated safeguarding children professional should contact the Forced Marriage Unit where experienced caseworkers will be able to offer support and guidance, on 020 7008 0151 or through www.fco.gov.uk/forcedmarriage. |
24.3.6 |
Professionals should not:
|
24.3.7 |
Where a conclusion is reached that a child is at risk of harm, the professional should make a referral to LA children's social care in line with Referral and Assessment Procedure and, if the situation is acute, the appropriate police child abuse investigation team (CAIT). See also Referral and Assessment Procedure, Referral criteria which provides guidance on the difference in LA children's social care between s47 / assessment. |
24.4 Considerations for all agencies
24.4.1 |
When dealing with allegations of forced marriage, all professionals should:
|
24.5 Action by LA Children's Social Care
24.5.1 |
LA children's social care should respond in line with the relevant sections of these procedures (see Referral and Assessment Procedure, including Referral criteria, which provides guidance on the difference in LA children's social care between s47 / assessment). In an acute situation, LA children's social care should convene an immediate strategy meeting / discussion and proceed accordingly. See Child Protection Enquiries Procedure. |
24.5.2 |
Local Safeguarding Children Partnerships should promote awareness in the local third sector agencies and faith communities that forced marriage is abusive to children and not legal in the UK. Where a case of forced marriage has resulted in the serious harm of a child or young person, practitioners should also consider undertaking a Serious Case Review. |
24.6 Criminal Justice Disposals
24.6.1 |
Although there is no specific criminal offence in England and Wales of 'forcing someone to marry', criminal offences may nevertheless be committed. Perpetrators - usually parents or family members - could be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, theft (of passport), threats to kill, imprisonment and murder. Sexual intercourse without consent is rape, regardless of whether this occurs within a marriage or not. A woman who is forced into marriage is likely to be raped and may be raped until she becomes pregnant. |
24.6.2 |
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. Fifteen county courts deal with applications and make orders to prevent forced marriages. Local authorities can now seek a protection order for vulnerable adults and children without leave of the court. Guidance published by the Ministry of Justice explains how local authorities can apply for protection orders and provides information for other agencies. - [This is available at the Justice website] |
24.7 National Guidelines
24.7.1 |
Government guidelines for responding to forced marriage situations are available at: the Department of Education website. |
24.7.2 |
The National Police Chiefs Council (NPCC) guidelines for the police for responding to forced marriage situations are available at www.npcc.police.uk |
24.7.3 |
LA children's social care should report details of the case, with full family history, to the Community Liaison Unit at the Foreign and Commonwealth Office. |
24.7.4 |
The Right to Choose: Multi-agency statutory guidance for dealing with forced marriage. This statutory guidance sets out the responsibilities of Chief Executives, directors and senior managers. In addition, all practitioners working with children should have access to Multi-agency practice guidelines: Handling cases of Forced Marriage, published in 2009. There is also Guidance for local authorities on applying for forced marriage protection orders and information for other agencies at: Forced marriage guidance for local authorities and relevant third parties. |
24.7.5 |
Local Safeguarding Children Partnerships should promote awareness in the local third sector agencies and faith communities that forced marriage is abusive to children and not legal in the UK. Where a case of forced marriage has resulted in the serious harm of a child or young person, practitioners should also consider undertaking a Serious Case Review. |