Forced marriages act 2007

Report: 11
Date: 5 June 2008
By: Chief Executive

Summary

The Forced Marriage (Civil Protection) Act 2007 is enacted in autumn 2008. Under the Act, where a forced marriage has or is about to take place, courts will be able to make orders to protect the victim or the potential victim and help/remove them from that situation. This includes courts granting a third party the right to act on behalf of, or represent the victim.

A. Recommendations

That members

1. Agree that the MPA Lead Member on Forced Marriages or relevant officer to be represented on the MPS Strategy Group on Forced Marriages within (Dis)Honour Based Violence (HBV).
2. Receive an update report at January 2009's EODB on the results of the pilots and feedback from the various workshops and MPA-led presentations on forced marriages.

B. Supporting information

1. The Forced Marriage (Civil Protection) Act 2007 comes into effect in autumn 2008. Under the Act, where a forced marriage has or is about to take place, courts will be able to make orders to protect the victim/potential victim and help/remove them from that situation. This includes courts granting a third party the right to act on behalf of, or represent the victim.

2. Before the Act comes into force, the Ministry of Justice (MoJ) is conducting nine pilots (May - September 2008). Four of these pilot areas are within the MPS. At time of writing, they are yet to be confirmed, but it is likely to include Newham, Tower Hamlets, Brent and Ealing. The objective of these pilots is to assess learning needs and highlight good practice, which can be applied across London.

3. Commander Steve Allen is the Association of Chief Police Officers (ACPO) lead for this issue nationally and within the MPS. One of the breakaway sessions at ACPO/Association of Police Authorities (APA) conference in June 2008 will consider the implications of the legislation. The MPA lead member will be participating and championing the work of the MPA in tackling forced marriages.

4. Her Majesty's Inspectorate of Constabularies (HMIC) is developing performance targets to measure police performance in this area, although it is not known what consultation process has been used or when these targets will be available.

5. The new legislation allows an application to be made by a woman, a third party or another person who is given permission (leave) by the court to make an application. However, the Act does not make it a criminal offence to force a person into marriage.

6. Although no detail is currently available, it is likely that the police service will be expected to verify the validity of the application as well as assessing the immediate threat or risk to the individual. The MPS has been involved in a number of very high profile cases relating to forced marriages. Some cases have highlighted the proactive approach taken to tackle forced marriages; other cases, [1] however, have highlighted serious weaknesses and inconsistencies in police training and understanding.

7. There appears to be little if any knowledge and awareness of the impact and implications of legislative changes amongst front line service providers such as housing and social services. In addition, at the time of writing, there appears to be little, if any, additional resources for front line services to support the law's enactment. There is also a concern that the issue of forced marriages will be associated with particular communities. This form of stereotyping is also reflective of the lack of general awareness that this issue is likely to be present in some form within many cultures.

8. Forced marriages is not a religious issue but more associated with peer group or family pressure, attempting to strengthen family links and controlling female behaviour and sexuality.

9. Current data on forced marriages suggests predominance from particular communities; however this does not reflect emerging information relating to Kurdish, Somali and eastern European communities, as well as from the Far East. This could be an issue that the MPA could take a leading role in promoting change.

Statutory responsibilities

10. Section 63Q provides for guidance on forced marriages. Subsection (1) provides the Secretary of State power to issue guidance on the issue of forced marriages generally. This section also enables the guidance currently issued by the Forced Marriage Unit (FMU) based at the Foreign and Commonwealth Office (FCO) to be issued under a statutory power.

11. Subsection (2) provides that public authorities to whom guidance is issued under this power must have regard to the guidance in carrying out their functions. This will ensure that the guidance has more force than the non-statutory guidance issued at present. [2]

12. This change in statutory responsibilities in analogous to the changes brought about to Section 71 of the Race Relations Act 1976 as brought about by the Race Relations (Amendment) Act 2000. This is where public bodies now have to have 'due regard' to race equality in the exercising of its functions.

Risks and priorities

13. There are significant risks for the police and other public authorities in managing the impact of this new legislation. Official statistics from ACPO indicate that up to 17,000 women in Britain are being subjected (dis) 'honour' related violence, including murder.

14. In an interview with The Independent, 10 February 2008, Commander Steve Allen said that the true toll is 'massively underreported' and that, as head of the ACPO Honour Based Violence Unit '… 500 cases are shared between us and the Forced Marriage Unit per year.'

15. The FMU handled approximately 400 cases last year - 167 of them leading to young Britons being helped back to the UK to escape unwanted partners overseas. It is not just women affected; Home Office figures show that 15 per cent of cases involve men and boys. [3]

16. There are issues of public trust and confidence in relation to this issue. Although the number of incidents may be relatively low (when compared to the overall figures for domestic violence), the impact this crime has on local communities, together with attendant media interest, is often significant and disproportionate.

17. With the guidance issued to public authorities now on a statutory footing, it will be a challenge for all to prioritise this within their existing workplans. Consideration is being explored as to whether this activity can be co-terminus with the work of local Child Protection Panels, although further guidance from the FMU is expected to follow.

MPA and MPS involvement

18. Forced marriages are an issue for the police because they are often the underlying reason for a number of serious criminal offences, such as (but not limited to) domestic violence, kidnap, false imprisonment, rape and in extreme cases murder (see Appendix 1: Case Studies).

19. There are a number of concerns in relation to diversity and awareness training. At this stage, it is unclear whether the MPS has considered how these needs will be met within its current training plans.

20. On account of the legislation's responsibilities on 'public authorities', there are also concerns that no one organisation is taking the lead to ensure all the relevant stakeholders such as the Crown Prosecution Service (CPS), local authorities and the MPS are working together to co-ordinate a systematic, consistent multi-agency approach to delivering appropriate services. Although clear guidelines have been produced by the Foreign and Commonwealth Office (FCO) for professionals such as social workers, police and health professionals for those young people aged under 16 (i.e. professionals to refer to local Child Protection Guidelines), [4] on account of potential complications such as the age of consent for marriage in England and Wales, there are grey areas for supporting victims/potential victims aged between 16 -17.

21. This law intersects with several Government agendas, including community cohesion and safer communities. To this end, the MPA can play a pivotal role in setting the priorities and standards for the MPS. The MPA also has a lead member in this area, which presents it with an opportunity to utilise this individual's expertise as well as building the Authority's profile.

Proposed Areas of Activity

22. The APA has expressed a great deal of interest in this issue and has indicated enthusiasm for the proposed actions by the MPA:

1. Participation of the MPA lead member on forced marriages in the ACPO/APA conference breakaway session in June 2008 in Liverpool;
2. A joint presentation in September 2008 with the FCO and MPS to the London Scrutiny Network of officers and councillors. This will provide a fact-based summary of the legislation, duty of care responsibilities as well as implications for failure to comply. This process will enable distribution of information, access to relevant contact points within MPS and FCO and highlight the significant role of MPA in co-ordinating and monitoring implementation by the police in London;
3. Exploring with the APA highlighting the issue of forced marriage at their conference in November 2008. This will provide the MPA and MPS further opportunities to promote good practice through the analysis and preliminary findings from the roll out of pilots in London; and
4. The APA holding a workshop at the MPA in December 2008 on the issue of forced marriages. This would be similar to previous workshops held on Every Child Matters and Counter Terrorism.

23. In addition to the above, MPA Senior Management Team (SMT) has indicated that the issue of forced marriages be strategically placed under the remit of the MPA Domestic Violence Board.

Next Steps

24. Despite its limitations, the implementation of the Act presents the MPA with significant opportunities to further facilitate better working relationships between partner organisations.

25. In addition, such a role will enable the MPA to ensure that the MPS gather robust data on the issue of forced marriages in order to comply strategically and operationally with the new legislation. By maintaining its oversight, scrutiny and review role, the MPA's participation at this level will have a tangible impact.

26. MPA officers have met the ACPO lead on this issue. All acknowledge that further information and guidance is required from the MoJ about these proposed pilots in order to keep members up to date. That said, information collated by the MPS will need to include:

1. An update on the analysis on the pilot boroughs to assess any gaps that may need to be addressed by the MPS before pan London roll out;
2. Identify and structure media campaigns on MPA/MPS work and commitment to tackling forced marriages;
3. Provide briefings and communications to support and reflect proposed actions;
4. Progress work with the APA to commence devising a format for the proposed Forced Marriages workshop event including the possibility of inviting Baroness Warsi (Conservative lead in the House of Lords on community cohesion and a leading proponent of the proposed Act's deficiencies) to host.
5. Liaise with CPS, ACPO and the MoJ to be involved in the promotional events associated with forced marriages (including the Honour Based Violence Roadshow due in London in the next few weeks). This involvement could include opportunities for the MPA Lead member or relevant representative to attend.

C. Race and equality impact

1. The police definition for a forced marriage is "a marriage conducted without valid consent of one or both parities, where duress is a factor - It cannot be accepted under any cultural or religious grounds and is a fundamental breach of Human Rights". [5]

2. Current perceptions on forced marriages lead to a disproportionate focus on particular communities. Not enough data is currently collated to provide a much more realistic view of the issue. Forced marriages is not a religious issue but more associated with family honour, status, protection of wealth or simply because the victim is considered a commodity rather than an individual.

D. Financial implications

1. None for the purposes of this report. Resources to support this activity have initially been provided by Oversight and Review on account of capacity issues within EDU. However, once these issues are addressed, this activity will be the purview of EDU, supported by Oversight and Review, Planning and Performance and Communications.

2. An additional report on this issue may highlight the need for additional funding to ensure adequate MPS training is available. If a joint workshop event with the APA is agreed, this may also require minimum funding, but will be offset by the increased public profile of the MPA through the media campaign this event is likely to generate.

E. Background papers

• Data from MPS HBV Team
• Crimes of the Community, Honour-based violence in the UK - James Brandon and Salam Hafez
• Forced marriage, family cohesion and community engagement: National learning through a case study of Luton - Dr Nazia Khanum OBE
• Foreign & Commonwealth Office (FCO) data: available on their website
• A Choice By Right - the report of the working group on forced marriage.
• Empowering Muslim Women: Cases studies - Communities and Local Government Department.

F. Contact details

Report author(s): Fauzia Ashraf-Mailk, Oversight and Scrutiny, Laurence Gouldbourne, Head of Equality and Diversity Unit, MPA

For more information contact:

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

Appendix 1: Case Studies

Case study 1

A (female) was forced by her parents to marry her cousin B (male), from their village, back home. When they first told her about the idea she made it clear that this was not what she wanted but they insisted that she should do as she was told. A did not feel that she could go against her parents' wishes - she didn't want to hurt them, despite her friends urging her to take a stand. She married her cousin, but was desperately unhappy and after two months she attempted suicide. Fortunately a friend found her in time and she was unsuccessful. A remains with her husband, although he treats her badly. She suffers from depression and attends an Asian women's support group, following a referral by her GP. A says she can't leave her husband because it would bring shame on her family and hurt her parents.

Case study 2

C (male) and D (female) are both from the UK. Their parents arranged a marriage between them, despite the fact that they had never met. D's parents put a great deal of emotional pressure on her to force her to accept the arrangement, and she agreed. A friend of D's contacted a local religious leader whom she trusted and explained what was happening to her friend. He visited the family and asked the parents whether they were forcing D into a marriage. He explained that in their religion marriage could only happen with the freely given consent of both man and woman. D's father denied that the arrangement was forced and asked the religious leader to speak to D himself.

D was afraid of what might happen to her if she accused her father to the religious leader, so she lied and said she was happy with the match her parents had made for her. C and D are married. D never sees her friend any more.

Case study 3

E is 18, he was born in the UK. He was forced into a marriage with a woman from overseas (his parents' village) who couldn't speak English and whom he saw as coming from a different world. After 6 months of marriage, E ran away. He was away for a year before he heard that his father had died and returned to be with his family. His running away had caused a serious rift in the family and E was distraught at the pain he had caused. His family tried to encourage him into another marriage (by this stage his first wife had returned home), but E ran away again. He has never contacted his family since and is now happily married to someone else.

Case study 4

F (girl) is a 17 year old, who until recently was studying for her A levels. She got engaged to G (boy), who converted to the same religion as her to help her family accept the fact that she was planning to marry outside of her ethnic, cultural and religious group. F's parents were not happy with the relationship,

but went along with it, arranging an engagement party. Then she was suddenly taken abroad to her parents' home country. Once there, F realised that her parents planned to force her into a marriage and she managed to send a message to G asking him for help to return to the UK. G contacted a British women's organisation, which referred him to lawyers in the country where F was. The lawyers made enquiries at the family home, but were unable to speak to F. Several weeks later, an official at the British High Commission recognised F, who had been brought there by her family to renew her passport. Consular officials arranged to interview her separately, and for her to meet the lawyers G had engaged. F said she wanted to return to the UK, but was afraid of the repercussions from her family. A few days later, F contacted the High Commission and asked for help to escape back to the UK. The next day she ran away and made it to the High Commission. She was issued with an emergency passport - her parents had confiscated hers. As she was leaving, F's family arrived and shouted at her to return. With the help of consular officials and her lawyers F returned safely to the UK.

Source: "A Choice By Right" - the report of the Home Office working group on forced marriages (June 2000)

Case Study 5

In June 2000, Narina Anwar, 29, and her two sisters claim they were tricked by their parents into going on a family holiday to a remote village in Pakistan, where they were held captive for five months in an attempt to force them to marry three illiterate villagers. The sisters fled to Lahore and contacted the British High Commission, which persuaded their parents to hand over their children's passports so they could return home.

Case Study 6

Surjit Athwal disappeared with Bachan Athwal, her mother-in-law, after a family wedding on India in 1998. Her body was never found. Bachan later boasted that she arranged for her son, Sukhdave, to murder Surjit after finding out she was having an affair.

Source: The Independent, 10 February 2008

Appendix 2: The Forced Marriage Act (FMA) Legislation

1. Courts will be able to attach powers of arrest to orders so breaches of an order can face arrest and brought back to the original court to consider the alleged breach.

The Act will also:

• Enable people to apply for an injunction at the county courts, rather than just the high courts;
• Enable third parties to apply for an injunction on behalf of somebody else.
• The (FMA) will insert new provisions into the Family Law Act 1996 (FLA) to create a new forced marriage protection order (FMPO).

1. The High Court or a county court can make a FMPO to protect a woman from being forced into a marriage or from any attempt to be forced into a marriage or to protect a person who has already been forced into a marriage.
2. Force is defined to include (but not limited to) coercion by threats or other psychological means. A person is considered to be a victim of forced marriage if he or she is forced by another person to enter into a marriage without his or her free and full consent. A forced marriage can be any marriage and can include certain religious marriages that are not legally recognised in England and Wales. What a court can order as a FMPO can be very wide.
3. A FMPO can contain any prohibitions, restrictions or requirements and other terms that the court considers appropriate. A FMPO can be granted by court because an application has been made or, in certain circumstances, the court can make an order without an application being made. For example, if a woman lives with her uncle who is trying to force her into marriage and she has gone to court to get an occupation order under the FLA to exclude him from the house, the court can decide to make a FMPO even if she has not applied for one.
4. Application can be made by a woman, a third party or another person who is given permission (leave) by the court to do so. This is very different to other orders under the FLA, such as occupation orders or non-molestation orders, as only the person to be protected can apply for these orders. Unlike other orders in the FLA a FMPO is not restricted to associated persons.
5. A FMPO can be made against a very wide range of people: including a person:
   • who is in England and Wales;
   • who is outside England and Wales as well as (or instead of) conduct of the person within England and Wales;
   • who is or may become involved in other respects as well as (or instead of) the person who is trying to or has forced another into marriage; or
   • other persons who are, or may become, involved in other respects of any kind.

• The Act does not refer to legal aid. However, (when it was going through the House of Commons), Bridget Prentice, the Minister responsible for legal services in the Ministry of Justice, said "the intention is that the court fees and eligibility for legal aid will follow the models, in place in relation to applications for non-molestation and occupation orders under part 4 of the Family Law Act 1996. Therefore those on low incomes will be exempt from paying a court fee on the issuing of their applications."
• The Act is specially extended to Northern Ireland but not to Scotland. It is to be hoped that the Scottish Parliament will see fit to enact legislation in the same terms. Thus, a court could for example issue an order prohibiting a family from taking an unwilling daughter abroad for the purpose of marriage or an order in the case of a daughter who has left home to take refuge from her family, forbidding other members of her family from trying to contact or molest her.
• The Act does not make it a criminal offence to force a person into marriage. This is now the subject of debate including recent comments by Baroness Warsi and Jasvinder Singh [6] in Parliament early in March of this year.
• Whilst the Act does not specifically focus on the issue, it does accept that both men and women are subject to forced marriages. Although the numbers of men coming forward as victims of forced marriage is increasing, facilities and support services are focused on women, making male victims much more isolated.

Appendix 3: Background Information and Key Statistical Data

1. The joint FCO/Home Office Forced Marriage Unit (FMU) was launched in January 2005 as the UK's "one stop shop" for developing Government policy on forced marriage, co-ordinating outreach projects and providing support and information to those at risk. The Unit handles approximately 250-300 cases per year, 15% of which involve men.
2. Although the FMU sees cases from around the world-including East Asia, Africa, the Middle East and Europe-the majority are from South Asia. Approximately 65% of cases are in families of Pakistani origin and 25% are in families of Bangladeshi origin. Around a third of cases the FMU deals with are children, some as young as 13. The Unit also assists reluctant sponsors-those forced into marriage and subsequently forced to sponsor a visa application-and has dealt with over 100 cases since May 2006.
3. 11 April 2008 saw the launch of the 24-hour help line for victims of forced marriage it is run by volunteers who are themselves victims of or affected by the issue of forced marriage.
4. British police define a forced marriage as "a marriage conducted without valid consent of one or both parities, where duress is a factor - It cannot be accepted under any cultural or religious grounds and is a fundamental breach of Human Rights". [7]
5. The Act deals with the problem of young people under pressure to marry who are afraid to seek help from authority against their own parents. An application to the court may be made by the person to be protected but may also be made by a relevant third party. "Relevant third party" means a person or body to be specified by order of the Lord Chancellor and could include e.g. other relatives, Social Services departments of local authorities. There is little evidence of publications or guidance by the government to the relevant third parties, particularly in relation to the duty of care obligations this act places on them.
6. 'Whilst typical incidents of domestic violence will involve men using force against their wives, honour-based abuses regularly involve a woman's own son, brothers, and sisters, as well as members of their extended family and in-laws. Similarly, the pre-planned and ritualised nature of much of this violence makes such behaviour distinct from other ad-hoc forms of violence against women'. [8]
7. The MPS undertook an analysis of forced marriages over a two year period (01.04.2003 - 31.03.2005) This was the first attempt to analyse this issue and the data for that period revealed the following:
   • The most common age for victims was between 16-20 years old.
   • One in four victims were under the age of 18.
   • In London South Asian, communities are more likely to report it to the police.
   • Four out of five perpetrators were male.
   • One in Five perpetrators is female acting as perpetrator or co-conspirator.
   • Nearly two out of every five victims contact the police in fear of a forced marriage.
   • One in four reported threats to kill.
   • One in five victims were reported as missing or ran away from home due to forced marriage issues.
   • One in six victims reported domestic violence as a major concern.
8. Recent data and publications indicated the number of forced marriage cases could be much higher and suggests greater emphasis is placed on education particularly in terms of monitoring the number of young girls being home schooled in many boroughs in London and cities within the UK, due to the possible links to disempowerment of women or force marriages.
9. The community initiatives to educate against forced marriages have not involved encouraging and empowering women to become positive role models.

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