There is currently no specific offence associated with forced marriage but the victim concerned may have been subjected to a number of offences (please see ‘Legislation’ section) however forcing someone to marry will become a criminal offence in England and Wales in the summer of 2014. The new law will criminalise both forced marriage and a breach of a Forced Marriage Protection Order. It will also include a range of measures to increase protection and support for victims and a continuing focus on prevention.
Ensure the victim is seen in a safe and private place
See the victim on their own, or if an interpreter is needed take steps to ensure that the interpreter is an approved interpreter, or at the very least not connected with the individual or community
Risk assess, and discuss a safety plan, complete CAADA DASH Risk Assessment. NB In line with Wolverhampton's Over-Arching Domestic Violence Protocol, if you are not able to personally undertake the risk assessment, the organisation should have trained individuals in house or an arrangement for risk assessments to be undertaken
Where victim is under 18, refer to child safeguarding procedures
Where the victim is over 18, refer to adult safeguarding procedures
Inform the victim of their right to seek legal advice and representation
Identify any potential criminal offences and refer to the police if appropriate
Reassure the victim, this will include ensuring that their confidentiality is maintained (It is important to remember that in these instances family, friends, and community may pose the biggest risk to the victim.)
Establish a safe way of maintaining contact with the victim
If the person's capacity to consent to marriage is in doubt, have their mental capacity to consent to marry assessed
Make a note of all the information available to you at the time, including a description of the victim and details of any known or alleged perpetrators and potential immediate risks, take photocopy of passport if available
Record any current contacts with other professionals, health, social services, third sector organisations, etc.
Check police and social care records for past referrals of family members including siblings for example forced marriage of siblings, domestic abuse or missing persons within the family
Provide accurate information to the victim about their rights and choices and respect their wishes when possible remembering that in certain instances information may be shared without consent, for example, child protection
Contact a specialist in forced marriage for further advice and support, and
Consider the need for immediate protection and placement away from the family.
Attempt to mediate
Send the victim away without having taken appropriate action
Approach family members and/or members of the community
Breach confidentiality or share information inappropriately
Make assumptions about mental capacity
Make assumptions about communication requirements