Review of MPS implementation of Forced Marriage (Civil Protection) Act 2007

Report: 9
Date: 11 March 2010
By: AC Territorial Policing on behalf of the Commissioner

Summary

This report provides members with a summary of the implementation and effect of the Forced Marriage (Civil Protection) Act 2007 since its enactment on 25 November 2008.

A. Recommendation

That the report be noted

B. Supporting information

1. The Forced Marriage (Civil Protection) Act was enacted on 25 November 2008. It makes provision for the family courts to make a Forced Marriage Protection Order (FMCPO) to prevent a forced marriage from occurring or to offer protective measures when a forced marriage has already taken place. 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 behavior or conduct of those who would force the victim into marriage.

2. The MPS is resolute in its commitment to tackle all forms of violence against women and girls (VAWG) including ‘honour’ based violence and Forced Marriage (FM).

3. ‘Honour’ Based Violence and Forced Marriage is a fundamental abuse of women and girls human rights. That said it is also recognised that some men and boys are victims of, or otherwise experience such human rights abuses.

4. The MPS – supported by ACPO - defines ‘Honour’ based Violence as:

5. ‘A crime or incident, which has been committed to protect or defend the honour of the family and/or community’.

6. The simplicity of the above ‘front line’ definition is in no way intended to undermine the real hurt and pain which can be caused in the name of preserving or maintaining Honour.

7. Forced Marriage was defined following the Choice by Right Conference held in 2000 as;

8. ‘A marriage conducted without the valid consent of both parties where duress is a factor’.

9. It is essential to highlight that ‘Honour’ Based Violence (HBV) and Forced Marriage (FM), which are complicated and complex subjects, are not in themselves criminal offences.

10. In relation to FM a distinction must be drawn from the convention of arranged marriages, which are based on compatibility, choice and consent. That is, the true consent of both people entering into the marriage or union.

11. The Police and other Public Authorities have a clear statutory duty of care for victims or prospective victims of Forced Marriage, as set out in ‘The Right to Choose’ as highlighted in section 63 Forced Marriage (Civil Protection) Act 2007 and the supporting HM Government Multi-agency Practice Guidelines. The MPS provided notable assistance in the development of these Practice Guidelines.

12. The MPS has continued to demonstrate its commitment to improving the recognition and investigation of Forced Marriage cases. The MPS strives to continually provide improved bespoke victim care and support by working in partnership with Governmental, Statutory and strategic Non-Government Organisations (NGOs) e.g. HM Forced Marriage Unit, Southall Black Sisters, Ashiana Network, Iranian & Kurdish Women’s Rights Organisation, Positive East and the Albert Kennedy Trust etc.

Developments since November 2008

13. Since the implementation of the Forced Marriage (Civil Protection) Act 2007 there have been a number of MPS policy and procedural developments relating to or linked to Forced Marriage.

14. The updated Domestic Violence (DV) Standard Operating Procedure (SOP), which was published on 30 September 2009, expands on the areas of ‘honour’ based violence (HBV) and forced marriage (FM). The SOP links to the Violent Crime Directorate’s Community Safety Unit Service Delivery Team’s website where knowledge products are available to all staff at any time of day or night including:

• Tactical Options for dealing with victims and offenders in ‘honour’ based violence (HBV) cases – including Forced Marriage
• ‘HBV’ advice leaflet (updated in December 2009)
• ‘HBV’ fact sheets
• Forced Marriage Statutory Multi Agency Practice guidelines
• HBV E-learning package
• Key facts relating to Forced Marriage Civil Protection Orders (FMCPO)
• Forced Marriage Civil Protection Act 2007

15. The aforementioned SOP also introduced the new Crime Reporting Information System (CRiS) flag ‘HV’ to denote a case involving ‘Honour’ Based Violence. This complements the existing ‘FM’ flag for cases involving forced marriage. This has led to the better identification of these specific specialised ‘crimes’.

16. In addition in October 2008 the CSU Service Delivery Team published guidance to staff on FMCPOs. This guidance was disseminated across the MPS Business Groups and included Borough Commanders, Crime managers (DCIs), Community Safety Units and Child Abuse Investigation Teams. The document was further highlighted on the Service Intranet and published on the CSU Service Delivery Team website.

17. In February 2009 the Violent Crime Directorate developed and distributed further guidance regarding the storage, retention and circulation of FMCPOs. This detailed a requirement for all orders to be scanned onto the intelligence database and ease of access to the Police National Database.

18. The MPS DV risk identification, assessment and management tool has cognisance of HBV and FM matters under the Community Awareness section of SPECSS+, [1] which was developed and piloted in 2002 based on information, intelligence and academic research available to the MPS at that time.

19. This assessment tool will be replaced by the Domestic Abuse, Stalking, Harassment and Honour Based Violence (DASH 2009) tool in 2010. DASH, which incorporates SPECSS+, South Wales and CAADA [2] risk identification models, has been developed by ACPO in collaboration with the MPS and external stakeholders. This model has been piloted across 3 forces areas, including the MPS (Westminster Borough -Paddington).

20. A common risk tool is also available for other agencies called the CAADA-

21. DASH risk identification checklist (2009) for Multi-agency Risk Assessment Conference (MARAC) agencies (2009). This tool is aligned with DASH 2009, which itself has three additional questions relating to children (which reflect the responsibilities of the police when attending a domestic abuse incident to safeguard both the victim and their children).

22. One of the notable sections of this updated risk assessment tool relates to the organisational learning garnered relating to ‘Honour’ based violence and Forced Marriage.

23. DASH 2009 was supported at ACPO Cabinet for implementation across all forces. The National Police Improvement Agency (NPIA) and the risk expert panel – which the MPS was represented on - developed a training package, which is currently being delivered nationally. The Forced Marriage (Civil Protection) Act, 2007 is specifically included within the training package.

14. The MPS has been developing its products ready for implementation e.g. the book 124D and the tactical menu of options have been updated to reflected developments in the field. This is viewed as an opportunity to provide MPS staff with a more advanced and informed training product regarding the assessment and management of risk.

25. On 5th December 2008 the MPS’ Crime Reporting Information System (CRiS) was upgraded and introduced amongst other facets the mandatory flagging, supervision and risk assessment of Domestic Violence, ‘Honour’ Based Violence, Forced Marriage and all Hate crimes/incidents.

26. The Violent Crime Directorate (VCD) CSU Service Delivery Team continues to provide strategic and operational tactical advice to front line and secondary investigating officers. The vast majority of calls to this team relate to high-risk HBV and FM cases, whereupon guidance is provided regarding the development of risk management plans and the employment of effective tactical options, which may include applying for a Forced Marriage Civil Protection Order (FMCPO).

27. The MPS VCD continues to make links to and develop other areas of business including, for example the Safeguarding Adults at Risk (SAAR) portfolio. There is evidence that adults with physical, mental health and other disabilities are being forced into marriage. The VCD is also working closely with the Crown Prosecution Service (CPS) to ensure the early identification of cases to allow best evidence to be obtained from victims and secure enhanced sentencing of perpetrators.

Forced Marriage Protection Orders

28. The MPS currently does not routinely record the application and/or the granting of FMPOs, although there’s a corporate expectation that such details will be documented as part of the police investigation. That said, a search of the MPS CRiS database reveals that from 28 November 2008 to 31 December 2009 there were 298 Forced Marriage cases. The VCD is currently undertaking a review of these allegations, to identify when a FMPO was applied for or granted and to identify organisational learning.

29. The Ministry of Justice (MoJ) has supplied figures on the number of FMPOs issued between 28 November 2008 and 31 December 2009 inclusive. The MoJ is currently not able to furnish the equalities data regarding these Orders. However, the MPS has been advised that this gap should be rectified with the enhancement to their data collection system, which changed in January 2010.

30. The national and regional figures are only supplied if there is no risk of identifying victims because of small numbers.

31. For London the figures supplied include orders issued at the Principal Registry of the Family Division (PRFD), High Court/Royal Courts of Justice (RCJ), Willesden and Romford County Courts.

32. The total applications for London since implementation is 30 with 25 orders issued. 18 orders had a power of arrest attached and 24 were made ex—parte i.e. without the prior notice of the respondent.

33. On a National basis figures since implementation to the end of December 2009 shows there were 107 applications made and 100 orders granted. 85 of the granted orders had a power of arrest attached and 66 were applied for ex-parte.

Borough distribution & Equalities data

34. As highlighted above MPS data shows that there were 298 Forced Marriage incidents / crimes reported on CRiS. This number of separate incidents and crimes involved 333 actual and prospective victims (i.e. living in fear of forced marriage).

35. The 5 boroughs with the highest number of Forced Marriage crimes / incidents are Newham – 42 crimes/incidents, Ealing - 24, Brent -18, Tower Hamlets - 18 and Haringey - 15.

36. The boroughs with the fewest FM flagged crimes / incidents are Islington – 1 crimes/incidents, Sutton - 1, Bexley - 3, Kingston-upon-Thames - 3 and Bromley, Greenwich, Hammersmith & Fulham and Havering who all have 4 recorded incidents.

37. This disparity in borough crime / incident distribution could be attributable to a number of different factors including: differing borough demographics, police officer/staff knowledge or recognition of forced marriage, partner agencies’ staff knowledge or recognition of forced marriage, gaps in the marketing of the wider borough’s local services, lack of join-up in service delivery and community engagement methods and affected communities trust and confidence in police and other partners.

38. The 2009 MOJ FM report [3] states that police are ‘major active’ players in the use of FMPOs. However, that said the wider partnership, for example health, education, social workers and other Local Authority officials have a key role to play in identifying cases. Indeed the role of the Local Authority has been enshrined in the Forced Marriage (Civil Protection) Act and they are identified as Relevant Third Parties for making applications for Orders.

39. The aforementioned report also states that Local Authorities have been slow to become involved in the use of the process. It is pertinent to note that there is a lack of clarity regarding the boundaries between FMPO and care proceedings under the Children’s Act, which may dissuade some Local Authorities for using such Orders. The MoJ report goes on to state that agencies appear reticent to approach the courts and that there is a fear that agencies will offend local communities.

40. The equalities data for the 333 victims – referred to above - is broken down as follows:

• Gender
  • Female: 297
  • Male: 35
  • Unknown: 1
• Age
  • 10 - 17: 72
  • 18 - 25: 157
  • 26 - 35: 67
  • 36 - 75: 35
  • Unknown 2
• Faith
  • Christian: 2
  • Hindu: 4
  • Islam: 35
  • Roman Catholic: 1
  • Sikh: 2
  • Unknown: 298
• Self-defined Ethnicity
  • Asian any background: 36
  • Asian Bangladesh: 44
  • Asian Indian: 27
  • Asian Pakistan: 50
  • Black African: 12
  • Black any background: 1
  • White any background: 13
  • White British: 4
  • Unknown, declined or any other background: 146

There were 9 victims with recorded disabilities.

41. One victim was identified as being as lesbian. The sexual orientation of the remaining 332 victims has not been recorded or is otherwise unknown. This information is provided by victims on a voluntary basis and would be ascertained on a case-by-case e.g. when the sexual orientation of the person is relevant to the crime or incident being investigated.

Success and Organisational Learning

42. Investigating officers have been requested to inform the CSU Service Delivery Team of all cases where a FMCPO has been applied for and for copies of Orders, to enabled the team advisors to monitor the type of enforceable restrictions being granted within the orders. This information has then been promulgated to officers investigating similar cases.

43. In the early stages of implementation of the act and beyond lessons have been learnt. Those officers developing and delivering training in the area of forced marriage and honour based violence are kept updated on all emerging issues to ensure inclusion within training packages. In addition organisational learning and good practice will be developed into further guidelines for staff and any necessary amendments made to SOPs and tactical advice provided.

44. The organisational learning to date includes:

• The use of Directorate of Legal Services in making applications
• Such Orders must operate alongside and not instead of criminal investigations
• Such Orders are an effective control measure – as a package of measures - in a risk management plan
• Such Orders should only be applied for after the effective consideration of risks to the victim and others
• The appropriateness of conditions attached to Orders
• Police investigating officers must engage with and work in partnership with statutory and non-statutory knowledge specialists
• FM Unit and other Relevant Third Parties e.g. Local Authorities should be encouraged to obtain Orders.

Supporting Prosecutions and Victims

45. As previously stipulated the Police Service and other Public Authorities have a statutory duty of care to Forced Marriage victims as set out in ‘The Right to Choose’ - section 63 Forced Marriage (Civil Protection) Act 2007 and the supporting HM Government Multi-agency Practice Guidelines.

46. A growing number of cases are coming to the notice of police and partner agencies. It’s therefore essential to consider all possible avenues of enquiry, and the potential for perpetrators (including parents, carers, guardians and other community members) to be guilty of a wide range of offences under other legislation including the Sexual Offences Act 2003 (SOA 2003) and Domestic Violence Legislation (DV Crimes & Victims Act 2004).

47. It must be clearly re-stated that the MPS is resolute in its commitment to tackling all forms of violence against women and girls and maintains a zero tolerance approach to ensure perpetrators are held to account for their actions and conduct.

48. Victim support comes from a number of Statutory and Non Statutory partners including the Forced Marriage Unit, Home Office, Health, Social Care, Housing and the numerous specialist NGOs e.g. domestic violence and women’s group, particularly BME women’s groups.

49. Multi Agency Risk Assessment Conferences (MARAC) also have a key role in the effective management of Forced Marriage cases. However, due consideration must be given to the sensitivity, complexity and confidentiality of such cases given victims’ notable concerns regarding disclosure.

Use of Additional Powers

50. As set out in Every Child Matters ’London Child Protection Procedures’ the use of Police Protection powers for children under 18 years can be utilised to ensure the safety of a child at risk of FM. The above MPS data indicates that 21.6% of Forced Marriage victims are under 18 years old.

51. Police Officers powers are reflected below:

• Section 46(1) of the Children Act 1989 states that an officer can remove a child to suitable accommodation and keep him or her there.
• Section 46(2) states that an officer can 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.

52. This power can be in place for a maximum of 72 hours. After this the child has to be returned to their legal guardian unless an Emergency Protection (EPO) is obtained under section 44 Children’s Act 1989 or other order has been applied for. This is the responsibility of the relevant Social Services legal department.

53. A person can seek a non-molestation order against a relative, person living in the same household (not lodger, tenant or employee) or person who the applicant has agreed to marry, under s 42 Family Law Act (FLA) 1996. This order forbids the named person from using violence or other behaviour amounting to harassment against the applicant. An order can also be sought in relation to a child of the family. Although the order is a civil court order, a breach of an order issued after 1 July 2007 is a criminal offence.

54. A person may also seek an injunction under the Protection from Harassment Act (PHA) 1997, against a spouse, family member or other person, should they pursue a course of conduct amounting to Harassment. Criminal proceedings can also be taken under this act. Section 12 of the Domestic Violence, Crime and Victims Act 2004 extends the availability of orders under PHA to allow courts to impose an order on a person following a conviction or acquittal of an offence.

55. With legal advice an Occupation Order under the FLA may also be considered, seeking to remove a spouse from the home.

56. The Sexual Offences Act 2003 sets out many offences that can be considered and may have been committed during the planning and commission of a FM. E.g. rape Sexual Assault, Arranging and facilitating a child sex offence, committing an offence with intent to commit a sexual offence etc.

Training

57. The FM/HBV training of all MPS staff is ongoing, is regularly reviewed & updated and includes:

• The Institute of Personnel and Development award winning Hydra recruit training package for probationary constables. This consists of four phases aimed at training student constables in preparation for independent patrol on their future London borough and includes a missing person inquiry with an HBV theme
• The CSU Service Delivery Team provides specific FM and HBV input on the CSU course. This course is for all officers from Constable to (Detective) Inspector
• Organisational learning and presentations on new or relevant legislation are agenda items at the six weekly Community Safety Unit DIs’ meetings. These products are then disseminated to CSU staff.
• The above is also disseminated directly to CSU staff by VCD through e-mail, briefing notes and guidance documents.
• Input on Public Protection Desk (PPD) course and training days delivered by CSU SDT. The training is specifically aimed at PPD staff as Police may first be alerted to such a case through a missing person report, and early identification of potential offences is crucial.
• Input to all current Child Abuse Investigation Command Police Conference Liaison Officers and investigators.
• Ad Hoc presentations to external agencies including Children and Family Services, social care managers, midwives, Marriage Registrars etc.

Partnership Working

58. The Violent Crime Directorate has an effective working relationship with the HM Government Forced Marriage Unit (FMU), Cross-Government departments, CPS and strategic Non-Government Organisations e.g. Southall Black Sisters, Ashiana Network, Iranian & Kurdish Women’s Rights Organisation, Positive East, The Albert Kennedy Trust etc. Contact is constant, whether it involves discussing specific cases, receiving or making referrals on current cases, linking investigating officers to named persons at the FM unit to encourage communication, sharing good practice and trend information.

59. The CSU Service Delivery Team is working in partnership with the FMU to realise the two headline objectives of the FMU 2009/2010 action plan:

• Strengthening and deepening safeguards in order to ensure that all victims of FM receive sympathetic, effective and joined up support from all agencies in the UK with a responsibility for safeguarding and protection.
• Challenge the practice before it takes place, by working with communities, victims and governments to overcome the culture of acceptance or of denial and to eliminate the abuse of FM in the UK.

60. The FMU currently does not make applications for FMCPO but will often contact the MPS to make a referral where they feel that a FMCPO is applicable.

61. The MPS CSU Service Delivery Team is currently working with the National Centre for Domestic Violence (NCDV) and a specialist FM solicitor. The NCDV provides a free service for victims of domestic abuse to obtain emergency Family Law Orders. It is intended that they will also provide this service for victims or prospective victims of Forced Marriage.

62. The CSU Service Delivery Team continues to raise awareness internally and with Local Authorities since it was published that Local Authority are the designated ‘relevant third party’ for FMCPO applications, to ensure that appropriate referrals are being made and that staff from Adult and Children’s Social Care are aware of their responsibilities under the Act.

C. Race and equality impact

63. The MPS is under a statutory duty to have due regard for the:

1. elimination of unlawful discrimination and harassment;
2. Promotion of equality of opportunity for all;
3. Promotion of good relations between peoples of different groups;
4. Promotion of positive attitudes towards others.

64. The MPS Equalities Scheme 2006-2010 is designed to ensure continuous improvement in service delivery in this regard by improvements in the standard of policing, staff awareness of the organisational strategy and by community engagement. Effective governance is required to ensure improvements are achieved and is itself an aspect of the Equalities Scheme.

65. The MPS is cognisant with any adverse impact or disproportionality that may occur as a result of the delivery of its services, and fully embraces the need to engage and consult with communities and their informed representatives.

66. The MPS’ data clearly illustrates that Forced Marriage affects a diverse range of people from different backgrounds; however the MPS recognises that Forced Marriage disproportionately affects women and girls whilst also acknowledging that men and boys do also experience or are victims of forced marriage.

67. In addition women and girls from Black, Asian and Minority Ethnic communities also disproportionately experience Forced Marriage. The MPS also recognises the experiences of disabled and LGBT people as victims of this crime genre.

D. Financial implications

68. There are fees applicable when applying for a FMPO. The standard court fee is £60.00 for each application. The use of MPS Legal Service (DLS) lawyers would not incur any cost to an MPS applicant. Where counsel is instructed by DLS, their fees would amount to between £30 - £80 per hour. The final cost would be dependant on how many hearings the FMPO warranted and the amount of time invested by counsel. An average cost that could be expected from application to conclusion, as supplied by DLS, is £500. Between Nov 2008 and December 2009 there have been 30 orders applied. Based on the above, the additional costs to the MPS have been around £17,000. In addition there have been some opportunity costs as each application requires approx four hours of an officer’s time, plus use of DLS resources. This cost will be met from within TP’s existing budget, however any significant additional cost will be dealt with within the business planning process.

E. Legal implications

69. The powers set out in the Forced Marriage (Civil Protection) Act 2007 are covered in Part B of this report, together with a summary of the scope of the legislation.

70. Any legal implications may become apparent when legal advice and representation is requested from DLS on a case by case basis.

F. Background papers

None

G. Contact details

Report author: Acting Detective Inspector Richards

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Abbreviations

ABE

Achieving Best Evidence

BME

Black Minority Ethnic

CAADA

Community Action Against Domestic Abuse

CRiS

Crime Recording Information System

CSU

Community Safety Unit

DASH

Domestic Abuse, Stalking and Harassment and Honor Based Violence

DI

Detective Inspector

DLS

Directorate of Legal Services

DV

Domestic violence

EPO

Emergency Protection Order

FLA

Family Law Act

FM

Forced Marriage

FMCPO

Forced Marriage (Civil Protection) Order

FMU

Forced Marriage Unit

HBV

Honor Based Violence

MARAC

Multi Agency Risk Assessment Committee

MoJ

Ministry of Justice

MPS

Metropolitan Police Service

NCDV

National Centre for Domestic Violence

NGO

Non Governmental Organisation

NPIA

National Policing Improvement Agency

PHA

Protection from Harassment Act

PP

Police protection

PPD

Public Protection Desk

PRFD

Principle Registry of the Family Division

RCJ

Royal Courts of justice

SDT

Service Delivery Team

SOA

Sexual Offences Act 2003

SOP

Standard Operating Procedure

UK

United Kingdom

VCD

Violent Crime Directorate

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