What is the law on forced marriage? Until recently, the government appeared resistant to developing legislation specific to forced marriage. However, the numbers of cases brought to the attention of the Forced Marriage Unit made it clear that further action had to be taken, and in 2005 the unit published a consultation paper asking if forced marriage should be made a criminal offence.
Is it a criminal offence? No. Many respondents to that paper feared that such a response could drive the problem further underground. A different solution was developed, and the Forced Marriage (Civil Protection) Act passed in 2007. Multi-agency guidance to that Act is now out for consultation.
Who is responsible for helping a victim of forced marriage? You could argue that it's everybody's business. The government describes it as a clear child protection issue in the case of under-18s and a domestic abuse issue for adults, reflecting the fact that 85 per cent of victims are females between the ages of 13 and 30. This guidance is aimed at chief executives and senior managers for a range of agencies including the police, children's services and adult social care services.
What about teachers, social workers, health visitors, etc? The focus on senior management informs the way in which the guidance describes actions that should be taken. Frontline staff should be using guidelines for social services, police, education and others that have already been issued by the unit, and which are due to be updated and published in a single multi-agency version in 2009.
And child victims - what does it say about them? The draft guidance looks at a broad range of issues such as the relevant human rights framework or how to recognise signs of victimisation. Chapter six focuses on children, referring back to existing safeguarding guidance, but reminding practitioners that - in cases like these - agencies should not approach the family if they suspect forced marriage.
FACT BOX
- The Foreign & Commonwealth Office and Home Office launched the Forced Marriage Unit in 2005
- In 2007, the unit dealt with 400 cases of forced marriage and responded to thousands of enquiries from the public
- In the first six months of 2008, its caseload increased by 79 per cent (Foreign & Commonwealth Office)
- The Forced Marriage Statutory Guidance Consultation Paper is available from www.cypnow.co.uk/doc
- Responses are due by 15 October.
