Forced marriage
There is a clear distinction 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 final choice remains with the young people. In a forced marriage, one or both spouses do not consent to the marriage and some element of physical and emotional pressure is involved. Most cases of forced marriage involve young women and girls aged between 13 and 30, although there is some evidence that as many as 15 per cent of victims are male. Some cases of forced marriage take place in the UK and in others the young person is taken overseas and forced to marry there.
Some 250 cases of forced marriage are reported to the Foreign & Commonwealth Office each year and many more come to the attention of the police, social services, health, education and voluntary organisations, but many other cases go unreported.
The majority of cases involve South Asian families, but there have been cases involving families from East Asia, the Middle East, Europe, and Africa. Forced marriage is an abuse of human rights and is not justified on any religious or cultural basis and is condemned by every major faith. Freely given consent is part of Christian, Jewish, Hindu, Muslim and Sikh marriages.
Forced marriage places children and vulnerable adults at risk of rape, emotional abuse and physical harm and possible death. The perpetrators, who are usually parents or family members, can be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, imprisonment, and murder. Sexual intercourse within marriage, but without consent is rape. Cases of forced marriage are difficult, complex and potentially very risky for the young person involved. Any professionals dealing with such cases should get advice, support and consultation from specialist practitioners.
Forced marriage has many parallels with domestic violence and child abuse, and the definition of domestic violence now includes any acts carried out by extended family members. The Criminal Prosecution Service defines domestic violence as "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".
Many young people turn to a professional as a last resort and they can be very reluctant to talk about their worries for fear that their families may find out. At this point the issue of forced marriage may not even be mentioned and the practitioner has to be very alert and sensitive to any underlying signals and risk factors. 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. The young person will need practical help such as accommodation and financial support, but also emotional support and information about their rights and choices.
The Forced Marriage Unit is a single point of confidential advice and assistance for those at risk of being forced into marriage overseas. If you have any concerns Contact the Forced Marriage Unit on 020 7008 0230 or 020 7008 0151 www.fco.gov.uk
There are four main areas to assess for indications that a young person may be forced to marry, or that a forced marriage has already taken place.
Family history
Siblings forced to marry
Family disputes or evidence of domestic violence and abuse
Running away from home
Unreasonable restrictions such as house arrest
Employment
Poor performance, poor attendance
Limited career choices or not allowed to work
Unreasonable financial control such as confiscation of wages/income
Education
Truancy or low motivation at school
Poor exam results or withdrawal from school
Health
Self-harm, attempted suicide, eating disorders, depression, isolation
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.
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.
Refer to Children's Social Care or the police who could hold a strategy discussion to decide whether the young person is suffering, or at risk of, significant harm.
Get specialist advice which might include adult services if the victim is a vulnerable adult or a young person with a disability or learning difficulty.
Consider the need for immediate protection and placement away from the family.
Liaise with the police if there are concerns about the safety of the victim, their siblings or the victim's children.
Assess the risk of harm facing the young person and agree a personal safety plan.
Assess the risk of harm to any other siblings or young family members.
The Forced Marriage Unit is a single point of confidential advice and assistance for those at risk of being forced into marriage overseas. Contact the Forced Marriage Unit on 020 7008 0230 or 020 7008 "http://www.fco.gov.uk"
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.
Be very careful about any attempt to be a mediator. 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.
Unsupervised contact with their family needs to be carefully assessed; it can place the young person at risk of further emotional abuse or lead to pressure being placed on them to return home.
If the young person wishes to go home or talk to their family all the risks should be explained and a safety plan put in place.
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.
Different situations may arise when dealing with forced marriage
A young person fears they may be forced to marry in the UK or overseas:
They may have been told that they are going to visit relatives, attend a wedding or that a grandparent or close family relative is ill, but the young person suspects that this is a ploy and that the ulterior motive is to force them to marry. The family may deny that the young person is being forced to marry and then move them or bring forward the travel arrangements and the forced marriage.
Talk to the young person, find out what their fears are and if they can avoid going overseas. Find out if there is a family history of forced marriage such as siblings who have been forced to marry. Other indicators may include domestic violence, self-harm, family disputes, and unreasonable restrictions such as removal from education or house arrest or missing persons within the family.
Make a referral to Children's Social Care who will seek legal advice and consider relevant court orders to protect the young person or to prevent the young person being taken overseas.
The Forced Marriage Unit is a single point of confidential advice and assistance for those at risk of being forced into marriage overseas. Contact the Forced Marriage Unit on 020 7008 0230 or 020 7008 0151
www.fco.gov.uk
Ask the young person to provide details of their passport if possible and any other useful information, obtain or take a photo.
Provide the young person with information, advice and telephone numbers.
The young person can be accommodated under s.20 Children Act 1989 (in which case the child will be looked after), or by providing services under s.17 Children Act 1989.
A young person fleeing a forced marriage, or the threat of one, may not wish to be fostered with a family from their own background or community and may need to be fostered or placed outside the immediate geographical area.
You may be told by someone else that a young person has been taken abroad for the purpose of a forced marriage.
Sometimes young people are taken overseas on the pretext of a family holiday, the wedding of a relative or the illness of a grandparent. On arrival, their documents and passports are often taken away from them and they may be confined without any access to outside communication.
If the family realises that an investigation is taking place there is always a risk that the young person will be moved, hidden or hurt, so care should always be taken about how much information is given to the overseas police or any other overseas organisations that could place the young person in further danger.
As well as providing guidance, the Foreign & Colonial Office will work with partner organisations to find the best way to support the victim and their consular staff will work with the local police to do what they can to help the victim. The normal course of action is to seek the return of the young person to the jurisdiction of England and Wales by making them a ward of court.
Cases of forced marriage may initially be reported as cases of domestic violence. Spouses who have been forced into marriage may suffer years of domestic violence, but feel unable to leave because they fear losing their children; they lack family support or somewhere to live, economic pressures and other social circumstances. The fact that they were forced to marry may only become apparent years after the marriage has taken place.
A person who has been the victim of a forced marriage can initiate nullity or divorce proceedings to end the marriage and young people can also take action to protect themselves under the Family Law Act 1996.
When a young person is repatriated to the UK following a forced marriage they are likely to be very traumatised and frightened. They may have been held against their will for many months and experienced emotional and physical abuse. If the marriage has already taken place, the young person may have been raped and some will have had to leave their children behind. Sometimes they have risked their life to escape and their family may go to considerable lengths to find them. This makes all victims particularly vulnerable when they return to the UK.
The choices available to the young person are limited, they can:
leave their family, start a new life and remain in hiding.
leave their family, start a new life and prosecute their family.
return to the family and hope the situation can be resolved.
It is very important to fully assess the level of risk and ensure their immediate safety. 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.
The young person can be accommodated under s.20 Children Act 1989 (in which case the child will be looked after), or by providing services under s.17 Children Act 1989.
A young person fleeing a forced marriage, or the threat of one, may not wish to be fostered with a family from their own background or community and may need to be fostered or placed outside the immediate geographical area.
Some families go to considerable lengths to find their children who run away and young people who leave home to escape a forced marriage, or the threat of one, are at risk of significant harm if they are returned to their family. They may be reported as missing by their families, but no mention is made of the forced marriage. So if the young person is found it is very important that practitioners explore the underlying reasons before any decisions are made.
Interview the young person on their own to find out whether it is in their best interests to return home and what they want to do. Respect the young person's wishes and establish if they wish to live independently or in a supportive establishment.
If the young person is at risk of being forced into a marriage or other types of abuse, be careful about disclosing information to their families, friends or members of the community.
Association of Directors of Social Services, Department of Education and Skills, Department of Heath, Home Office, Foreign And Commonwealth Office. Young People and Vulnerable Adults Facing Forced Marriage (2004). Practice Guidance for Social Workers;
www.adss.org.uk/publications/guidance/marriage.pdf
Further information in support of these guidelines can be found in Local Authority Social Services Letter LASSL (2004)4 which is available on www.dfes.gov.uk.