Forced Marriage
RELATED CHAPTERS
Female Genital Mutilation (FGM)
Domestic Abuse (including MARAC)
Controlling or Coercive Behaviour1. What is Forced Marriage?
Definition
In the multi-agency statutory guidance for dealing with forced marriage, forced marriage is defined as:
“A marriage in which one or both spouses do not consent to the marriage but are coerced into it. Force can include physical, psychological, financial, sexual and emotional pressure.”
In cases where the adult lacks capacity to consent to marriage, it is a forced marriage regardless of the presence of coercion.
All marriages are also forced marriages in cases of 16- or 17-year-olds, regardless of coercion or the young person’s capacity to consent.
A marriage is defined as:
“Any religious or civil ceremony or marriage (whether or not legally binding)”.
A forced marriage is not the same as an arranged marriage, where both parties are willing participants.
Forced marriage is recognised as a form of domestic abuse.
Forced marriage and the law
Forced marriage is a criminal offence. This includes:
- Taking someone overseas to force them to marry (whether the forced marriage takes place or not);
- Marrying someone who lacks the mental capacity to consent to the marriage (whether they are pressured to or not).
The maximum prison sentence for forced marriage is 7 years.
Associated harmful criminal practices
A range of harmful criminal practices can sometimes be precursors to forced marriage. Where they are known to have occurred the safeguarding response should endeavour to establish from the adult whether forced marriage is a risk for them.
They include:
- Female Genital Mutilation (FGM);
- Virginity testing.
These practices are degrading, intrusive and can lead to extreme physical and/or psychological trauma.
For further information about FGM see: Female Genital Mutilation (FGM).
For further information, including how to identify when a female may be at risk of, or has already been subjected to virginity testing or hymenoplasty, see: GOV.UK: Virginity testing and hymenoplasty: multi-agency guidance.
2. Forced Marriage Protection Orders
Anyone that has been forced to marry against their will, or who is being threatened with forced marriage can apply for Forced Marriage Protection Order (FMPO). Third parties, such as relatives, friends, voluntary workers and police officers, can also apply for a protection order with the leave of the court. Local authorities can also seek a protection order for adults at risk.
Disobeying a Forced Marriage Protection Order can result in a prison sentence of up to 5 years.
For further information see: GOV.UK Forced marriage protection orders.
If an adult lacks capacity to consent to marriage, the local authority can decide to apply to the Court of Protection under the Mental Capacity Act 2005 for an order to protect them. The court can also grant injunctions to prevent family members from arranging a marriage or taking the adult abroad for marriage.
3. Safeguarding Response
Adults that are the victims of forced marriage are likely to have had traumatic experiences, even if they do not recognise them as such. Responses from a trauma informed perspective should always be considered, and the adult made central to the safeguarding process and any decisions that are made.
Adults with care and support needs may be particularly vulnerable to forced marriage and ongoing risk if they live with or are reliant on their families for care – they may have fewer opportunities to tell anyone outside the family about what is happening to them, or they may not recognise a marriage as forced.
Forced marriage is often part of a wider pattern of abuse. The adult may be experiencing controlling or coercive behaviours and other efforts to control and monitor them. For example, physical, psychological or financial abuse.
The safeguarding response should be mindful that engaging with family and community members could increase risk of ongoing harm to the adult. There is also a risk that the forced marriage will be expedited if a family becomes aware that action is being taken to prevent it. Where the adult at risk needs support to engage in the safeguarding process, including an interpreter, this may be best provided by an independent advocate or specialist organisation.
If the risk of forced marriage is immediate, it may be necessary to take emergency action to remove an adult from the home in order to protect them. Legal advice should be sought, and consideration should be given to whether the adult with care and support needs wants to leave home and has the capacity to make this decision for themselves.
Adults can find it especially difficult to leave a forced marriage or ask for help if their immigration status is uncertain. They may face issues like a fear of deportation, bringing 'shame' on their families, financial difficulties and homelessness, or losing their children. Those fears will often be exploited by their abusers. This is compounded for migrant victims with no recourse to public funds who can face destitution if they leave the relationship.
4. Statutory Guidance and Practice Guidelines
The Forced Marriage Unit (FMU) leads on the government's forced marriage policy, outreach and casework.
The FMU has issued multi-agency statutory guidance for dealing with forced marriage and written practice guidelines for responding to cases.
About the statutory guidance
The statutory guidance outlines the responsibilities of the SAB and all partner agencies around the development and maintenance of local procedures and practice arrangements to enable front-line professionals and practitioners to handle cases of forced marriage effectively.
The guidance also covers issues such as staff training, developing inter-agency policies and procedures, raising awareness and developing prevention programmes through outreach work.
As the guidance is statutory, it must be regarded and any organisation that decides to depart from it must have clear reasons for doing so.
About the practice guidelines
The practice guidelines provide advice and support to front line practitioners who have responsibilities to safeguard children and protect adults from the abuses associated with forced marriage.
The multi-agency statutory guidance strongly recommends that professionals and practitioners involved in handling cases of forced marriage should consult the practice guidelines unless there are good reasons not to do so.
5. Additional Information and Resources
Forced Marriage Unit (FMU) webpage
The FMU webpage on the government website contains a whole host of additional information, guidance and resources:
- Recognise a forced marriage;
- How the Forced Marriage Unit can help;
- Contact details for the FMU;
- Understand the legislation on forced marriage;
- Access guidance and training;
- Statistics on forced marriage;
- ‘Right to Choose’ campaign;
- Animated documentaries.
See: Forced marriage (GOV.UK).
Forced marriage resource pack
This resource pack has been designed to highlight examples of best practice and to help ensure that effective support is available to victims of forced marriage.
It includes:
- Case studies of people who have experienced forced marriage;
- Resources produced by both statutory and non-statutory organisations; and
- Links to support organisations and helplines which can help people who may be at risk of forced marriage
See: Forced marriage resource pack.
Training and other resources
Developed with the Forced Marriage Unit, the Virtual College offers a free online awareness course.
See: Awareness of Forced Marriage.
The following link is part of the statutory multi-agency guidance:
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