Transcript home office logo - Barking and Dagenham Safeguarding

FORCED MARRIAGE
Reasons
Risks
Response
Chaz Akoshile
Joint Head, Forced Marriage Unit
24 September 2014
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Definitions
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Drivers
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Role of the FMU – case handling
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How to protect victims – FMPOs and new legislation
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Q&A
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‘A marriage conducted without the
valid consent of one or both parties
and where duress is a factor.’
Adults who lack ‘capacity’ as defined under the Mental Capacity Act
2005 are classed as not being able to consent and any marriage they
enter into is classed as FORCED.
When we talk about duress we mean pressure...
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PHYSICAL
EMOTIONAL/PSYCHOLOGICAL
FINANCIAL
SEXUAL
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An ‘arranged’ marriage is one where parents or other
relatives would have chosen the person, but both
individuals involved have the final say and CAN SAY
NO to the suitors they are presented with.
‘Arranged’ marriages have occurred for centuries in every
type of culture and society, the Government has no
concerns regarding this practice; however, if a person
changes their mind in that process and then has no choice
– it becomes forced and is unacceptable.
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‘Honour’ based violence (HBV) is any act of violence,
predominately against women and girls, which is committed
by family or community member(s) in order to defend their
perceived honour. HBV is normally collectively planned
and carried out by the victim’s family, sometimes with the
involvement of the wider community.
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Controlling unwanted behaviour particularly that of women
and preventing ‘unsuitable’ relationships.
 Wearing ‘wrong’ clothing or too
much make-up.
Socialising with members of
opposite sex.
 Being seen to be overly affectionate
in public.
 Dating someone of different race,
culture/caste or religion.
 Being or perceived as being LGBT.
 Drinking, smoking or using drugs.
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Protecting perceived cultural or religious ideals.
No religion endorses forced marriage, similarly, forced marriage is a form of abuse
... Abuse is not part of any culture, whether the victim’s family are Christian,
Muslim, Sikh, Hindu or Jewish. No religious texts promote this harmful practice.
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Claiming residence and citizenship to strengthen
family links.
For example: obtaining a British passport for extended family.
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Providing a carer for a child
*Remember Mental Capacity Act 2005 and FM Guidance
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2013: FMU gave advice or support to over 1300 cases
related to possible or actual forced marriage.
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15% of calls involved victims under-16.
40% of all calls involved those under 18.
1 in 5 callers were male victims
97 instances involving those with disabilities
12 instances involved victims who identified as LGBT
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Countries of Origin
Pakistan (42.7%), India (10.9%), Bangladesh (9.8%),
Afghanistan(2.8%)Somalia (2.5%),
Iraq (1.5%), Nigeria (1.1%), Saudi Arabia (1.1%), Yemen (1%), Iran (0.8%),
Tunisia (0.8%), The Gambia (0.7%), Egypt (0.6%) and Morocco (0.4%).
The origin was unknown in 5.4% of cases.
* Overall the FMU handled cases involving 74 different countries
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Anyone, male or female, adult or minor, when facing a threat of forced marriage may
become anxious, depressed and emotionally withdrawn with low self-esteem.
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There may also be more overt (but less common) signs in cases involving females; for
example cut or shaved hair (as form of punishment), being taken to the doctors to be
examined to ensure she is a virgin or presenting to hospital/doctors with symptoms
associated with poisoning.
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A full list of warning indicators can be found on pg 13 Multi-Agency Practice Guidelines
SPECIFIC INDICATORS FOR EMPLOYMENT:
* Poor attendance
* Not engaging with work as usual
* Unable to attend business trips/functions
* Subject to financial control (wages confiscated)
* Leaving work accompanied
* Not returning from planned leave
* Distressed about newly planned holiday
Please note these are not exclusive to FM
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Anyone, male or female, adult or minor, when facing a threat of forced marriage may become
anxious, depressed and emotionally withdrawn with low self-esteem.
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There may also be more overt (but less common) signs in cases involving females; for example
cut or shaved hair (as form of punishment), being taken to the doctors to be examined to ensure
she is a virgin or presenting to hospital/doctors with symptoms associated with poisoning.
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A full list of warning indicators can be found on pg 13 Multi-Agency Practice Guidelines
SPECIFIC INDICATORS FOR EDUCATION:
*Absence or being withdrawn from education
*Request for extended leave/failure to return
*Fear about forthcoming holidays
*Surveillance by siblings or older cousins at school
*Decline in behaviour, performance, engagement in lessons
*Not allowed to complete extra-curricular activities
*Sudden announcement of engagement to a stranger
*Attending school with henna/jewellery specific to marriage
PLEASE NOTE THE ABOVE ARE NOT EXCLUSIVE TO FM
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Anyone, male or female, adult or minor, when facing a threat of forced marriage may
become anxious, depressed and emotionally withdrawn with low self-esteem.

There may also be more overt (but less common) signs in cases involving females; for
example cut or shaved hair (as form of punishment), being taken to the doctors to be
examined to ensure she is a virgin or presenting to hospital/doctors with symptoms
associated with poisoning.
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A full list of warning indicators can be found on pg 13 Multi-Agency Practice Guidelines
SPECIFIC INDICATORS
* Victim or other siblings within the family reported missing
* Reports of domestic abuse
* Unable to attend business trips/functions
* Subject to financial control (wages confiscated)
* Leaving work accompanied
* Not returning from planned leave
* Distressed about newly planned holiday
Please note these are not exclusive to FM
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Forced Marriage Unit established in 2005.
FMU is now the Government’s one-stop shop for:
Developing effective Government policy
Awareness raising
Casework
Domestic
Consular
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Through the FMU national helpline and email address we
reassure, assist, provide options and remain victim
focused. 9am-5pm Mon-Fri and GRC out of hours.
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Work with police, social workers, teachers, welfare
officers, health professionals and many others in UK to
protect people at risk.
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Provide support, information and contacts.
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Arrange safe accommodation in UK.
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HOW WE ASSIST
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Signposting to BHC/Embassies.
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Arrange safe accommodation overseas.
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Assistance with their return to the UK – providing local knowledge
linked to exit visas.
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Awareness of local laws in order to provide advice on any travel
limitations.
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Organise repatriation - and rescues in extreme cases.
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Accompanying victims to the airport – especially in the case of minors.
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Organise emergency flights/ travel documents with safe pick-up and
transport from airport.
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The FMU have been working closely with
police and staff at airports addressing:
 preventative measures and safety/support
whilst they are in the airport; and
 managing risks for victims upon their
return.
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•Aftercare project being delivered by NGO Southall Black Sisters
•Provides emotional and practical support for victims that have been
repatriated to the UK
•Without support victims can experience pressure to return home
•Aims to bridge the gap that victims experience in support and practical
advice and enable them to develop a plan for the future
0208 571 0800
0208 571 9595
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DO:
Take them seriously
See them immediately and alone
Respect their wishes and reassure them
Establish means of safe contact.
DO NOT :
Send them away/minimise their concerns
Approach members of the family or
Community (*interpreters)
Share information without consent
Attempt to mediate.
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FORCING SOMEONE INTO MARRIAGE IS
NOW A CRIMINAL OFFENCE.
A civil route to protect victims was established through the
Forced Marriage (Civil Protection) Act 2007, however,
victims now have the ability to take action against
perpetrators through the criminal justice route as well
as the civil courts.
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How Forced Marriage Protection Orders can help.
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FMPOs are civil orders with legally binding requirements to protect a
person at risk.
Conditions include:
 Protect victims from being taken overseas/or being them back.
 Stop them for being forced into marriage whether religious or otherwise.
 Stop them being hurt/harmed or threatened.
 Stop them being harassed.
Critical in cases where:
 Victim is in a country we cannot assist in.
 Freedom of movement is restricted.
 We have no contact address.
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1. A person commits an offence England and Wales if he or she—
(a) uses violence, threats or any other form of coercion for the purpose of causing
another person to enter into a marriage, and
(b) believes, or ought reasonably to believe, that the conduct may cause the other
person to enter into the marriage without free and full consent.
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2. In relation to a victim who lacks capacity to consent to marriage, the offence under
subsection (1) is capable of being committed by any conduct carried out for the
purpose of causing the victim to enter into a marriage (whether or not the conduct
amounts to violence, threats or any other form coercion).
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3. A person commits an offence under the law of England and Wales if he or she—
practises any form of deception with the intention of causing another person to leave
the United Kingdom, and intends the other person to be subjected to conduct outside
the UK that is an offence under subsection (1) or would be an offence under that
subsection if the victim were in England or Wales.
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Forcing an individual to marry against their will.
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Using deception with the intention of causing another person to
leave the UK for the purpose of forcing that person to enter into
marriage.
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Breach of a forced marriage protection order.
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If a person lacks the capacity to consent, the offence is also capable
of being committed by any conduct carried out for the purpose of
causing the victim to marry, whether or not it amounts to violence,
threats or any other form of coercion.
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FORCED MARRIAGE OFFENCE
- If convicted in a criminal court, maximum penalty on indictment will
be imprisonment for a term not exceeding seven years.
- If convicted in a civil court, maximum penalty on summary conviction
will be imprisonment for a term not exceeding six months and/or a
fine
BREACH OF A FORCED MARRIAGE PROTECTION ORDER
- If the breach is in a criminal court, maximum penalty on indictment
will be imprisonment for a term not exceeding five years.
- If the breach is in a civil court, maximum penalty on summary
conviction will be imprisonment for a term not exceeding six months.
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Further protection
Deterrent
Support for professionals
Clarity of message
POWER TO THE VICTIMS
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•
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Survivors’ Handbook
Statutory Guidance
Guidance for Registrars
Guidance for MPs and Councillors
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The FMU has part funded a useful free app developed
by Freedom Charity for both potential victims and
those concerned for others.
Some of the features:
• GPS Tracking
•Advice for professionals – spotting the signs
•Advice and checklist for friends and friends of victims
•Links to nearest police station and hospitals
•Information also on sexual abuse and FGM
•Direct dial to Police, NSPCC, Freedom charity and the
FMU helpline at the Foreign Office.
•Does not look like Forced Marriage App
•Free to download on IPhones and Blackberry’s
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Any further Questions?
Call us: National Helpline 020 7008 0151...out of hours.
Global Response Centre will assist on same number.
Follow us - @fmunit
Email us: [email protected]
Join us:
http://www.facebook.com/forcedmarriage
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