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.
Initially agencies MUST:
- 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.
Do Not
- 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