Forced Marriage

There is a clear difference between a Forced Marriage and an arranged marriage. In arranged marriages, the families of both spouses take a leading role in arranging the marriage but the choice of whether or not to accept the arrangement remains with the young people.

In a Forced Marriage, one or both spouses do not consent (or in cases of people with learning or physical disabilities cannot consent) to the arrangement of the marriage and some elements of pressure or abuse is involved. This can include physical (including threats, actual physical violence and/or sexual violence), psychological, financial, sexual and emotional pressure (for example bringing shame or dishonour to the family). Forced Marriage is an abuse of human rights and, where a child is involved, an abuse of the rights of the child.

Forced marriage involving anyone under the age of 18 constitutes a form of child abuse. A child who is forced into marriage is likely to suffer Significant Harm through physical, sexual or emotional abuse. Forced marriage can have a negative impact on a child’s health and development, and can also result in sexual violence including rape. If a child is forced to marry, he or she may be taken abroad for an extended period of time which could amount to child abduction. In addition, a child in such a situation would be absent from school resulting in the loss of educational opportunities, and possibly also future employment opportunities. Even if the child is not taken abroad, they are likely to be taken out of school so as to ensure that they do not talk about their situation with their peers.

Forced Marriage is a violation of a person’s human rights and cannot be justified on religious or cultural grounds.

Forced Marriage is primarily an issue of violence against women. Most cases involve young women and girls aged between 13 and 30, although there is evidence to suggest that as many as 15% of victims are male. See Section 3, Legal Position for legal position in relation to children under 16.

There have been cases involving families from East Asia, the Middle East, Europe and Africa. Some forced marriages take place in the UK with no overseas element, while others involve a partner coming from overseas or a British citizen being sent abroad.

• Cultural or religious traditions;
• Controlling perceived unwanted behaviour including promiscuity or being gay or lesbian;
• Protecting 'family honour';
• Responding to peer group, community or family pressure;
• Attempting to strengthen family links;
• Ensuring land, property and wealth remain within the family;
• Protecting religious and cultural ideas which are misguided;
• Preventing 'unsuitable' relationships e.g. outside the ethnic, cultural religious or caste group;
• Assisting claims for residence and citizenship;
• Fulfilling long-standing family commitments.

The minimum age at which a person is able to give consent to marriage is 16; a person between the ages of 16 and 18 may not marry without consent from all those with Parental Responsibility.

Sexual intercourse without consent is rape, regardless of whether this occurs within the confines of a marriage.

In addition, the Forced Marriage (Civil Protection) Act 2007, which was implemented in November 2008, makes provision for protecting children, young people and adults from being forced into marriage without their full and free consent (through Forced Marriage Protection Orders).

Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order. Third parties, such as relatives, friends, voluntary workers and police officers, can also apply for a protection order with the leave of the court. Fifteen county courts deal with applications and make orders to prevent forced marriages. Local authorities can seek a protection order for Adults at Risk and children without leave of the court. Guidance published by the Ministry of Justice explains how local authorities can apply for protection orders and provides information for other agencies.

For further advice and information about how to make such an application, see the guidance for local authorities on applying for Forced Marriage Protection Orders, published by the Ministry of Justice in November 2009.

The Anti-social Behaviour, Crime and Policing Act 2014 made it a criminal offence, with effect from 16 June 2014, to force someone to marry. This includes:

• Taking someone overseas to force them to marry (whether or not the forced marriage takes place);
• Marrying someone who lacks the mental capacity to consent to the marriage (whether they’re pressured to or not).

Breaching a Forced Marriage Protection Order is also now a criminal offence. The civil remedy of obtaining a Forced Marriage Protection Order through the family courts, as set out above, continues to exist alongside the criminal offence, so victims can choose how they wish to be assisted.

Forcing someone to marry can result in a sentence of up to 7 years in prison.

Disobeying a Forced Marriage Protection Order can result in a sentence of up to 5 years in prison.

Isolation is one of the biggest problems facing those trapped in, or under threat of, a Forced Marriage. Many young people who face a Forced Marriage will not even discuss their worries with their friends for fear their families may find out. Only rarely will they disclose fear of Forced Marriage.

A young person in this situation, however, may show signs that are noted at school or by friends of their own age group. 

These can often be a noticeable change from previous behaviour. 

Typical indicators may include:

• Extended absences from school/college, truancy, drop in performance, low motivation, excessive parental restriction and control of movements and history of siblings leaving education early to marry;
• A child talking about an upcoming family holiday that they are worried about, fears that they will be taken out of education and kept abroad;
• Evidence of self-harm, treatment for depression, attempted suicide, social isolation, eating disorders or substance abuse;
• Evidence of family disputes/conflict, domestic violence/abuse or running away from home;
• Unreasonable restrictions such as being kept at home by their parents (’house arrest’) or being unable to complete their education;
• A child being in conflict with their parents;
• A child going missing/running away;
• A child always being accompanied including to school and doctors’ appointments;
• A child directly disclosing that they are worried s/he will be forced to marry;
• Contradictions in the child’s account of events.

See the Multi-agency Practice Guidelines on Forced Marriage Chart of Potential Warning Signs or Indicators.

Please also see Flowchart: Warning Signs of Victim of Forced Marriage.

Where the concerns about the welfare and safety of the child or young person are such that a referral to Children’s Social Care should be made the Safeguarding Children and Referring Safeguarding Concerns Procedure must be followed.

Practitioners should always consider the need for immediate protection, as disclosure of the forced marriage may be the direct consequence of the impending event. Children’s Social Care will liaise with the police to ensure the safety of the victim and any other family members.

Female Genital Mutilation may also be a factor in cases of forced marriage. See also Female Genital Mutilation Procedure.

Circumstances can change quickly and increase the risk to the victim and any friends/family members supporting the victim - especially following a disclosure to the police. Perpetrators may respond by moving the victim or bringing forward a forced marriage.

Perpetrators will use controlling and coercive methods to control the victim.

Women, men and younger members of the family can all be involved in perpetrating the abuse. Offences that may be committed include; common assault, grievous bodily harm, harassment, false imprisonment, kidnap, threats to kill and murder. There may be instances of child trafficking.

Perpetrators may take victims abroad for the purpose of forced marriage, under the pretext of a family holiday, a wedding or illness of a grandparent/family member.

A Strategy Discussion/Meeting will be needed to deal with this issue; the Police, Housing Services, Children’s Social Care, Health and voluntary organisations must work together to address the young person’s need for information, protection, financial support, accommodation and emotional support. Legal advice will be needed to inform the Strategy Discussion as legal action may be necessary.

Any child considered to be at risk of a forced marriage will be considered a child in need and assessed accordingly. Where an Initial Child Protection Conference is convened, great care must be taken to manage information about the whereabouts of the young person. The social worker and his/her manager must discuss the arrangements with the Conference Chair and consider whether the family should be present or not, or at the same time as the young person, as threats may be made. An interpreter fully independent of the family should be present at all times.

Forced Marriage places young people (and adults) at risk of rape and possible physical harm. Some cases have resulted in the reluctant spouse being murdered. All agencies need to be aware of Forced Marriages and the possibility of dealing with the issue.

Information or a referral about Forced Marriage may be received from the young person or from a friend or relative, or from a statutory, voluntary or faith organisation. Forced Marriage may also become apparent when other family issues are addressed such as domestic violence, self-harm, child abuse or neglect, family and adolescent conflict or missing children or runaways.

It is important that staff of all agencies understand the difficulties that young people face in challenging a Forced Marriage. They are likely to have no experience of living outside the family and may face rejection and harassment by the family and by the community.

Forced Marriage involves complex and sensitive issues; where information is available to any agency which gives rise to concerns about a Forced Marriage involving a young person under 18 it should be referred to Kent Specialist Children’s Services or Nottinghamshire Safeguarding Children Board, depending on the home’s location,

For additional reading refer to the Multi-agency practice guidelines: Handling cases of Forced Marriage (GOV.UK) (published by the Forced Marriage Unit in June 2009).

Forced marriage involves criminal offences.

A person fleeing a Forced Marriage, or the threat of a Forced Marriage, should be referred to the police.

If the person is under 18, the Police will:

• Consult the Police Child Abuse Investigation Unit;
• Inform Specialist Children’s Services (Kent) / Children’s Social Care Services (Medway) Services;
• Check if the child is the subject of a Child Protection Plan;
• Ensure that an Appropriate Adult and, if needed, an accredited interpreter is in attendance at all interviews – members of the extended family or community leaders are not appropriate in this situation and should not be discussed with them.

Allegations of plans and arrangements to force a child to marry will inevitably be divisive for the family and possibly the wider community. Therefore attempts to discuss this with the family could potentially place a child at greater risk.

Children may require support from workers of the same gender and if possible the same cultural background. Where interpreters and translators are used, care must be taken to ensure that they have no connections with the immediate community of the child.

A child arriving in this country for the purposes of a forced marriage or one who has recently married abroad may be extremely isolated and feel threatened and abused. The legal right to remain may be in question and the consequences of returning home may also be very serious.

Professionals should not:

• Minimise the potential risk of harm;
• Approach or inform the child's family, friends or members of the community that the victim has sought help as this is likely to increase the risk to the victim significantly;
• Share information outside child protection information-sharing protocols without the express consent of the child, unless it is necessary to protect the young person and is in accordance with the Information Sharing Policy;
• Attempt to be a mediator. This has in the past resulted in the victim being removed from the country and not traced / or murdered.

Using real life case studies, the training gives professionals a basic understanding of the main issues surrounding Forced Marriage, how cases can present and how to respond appropriately. This tool complements the multi-agency practice guidelines for professionals and should be read alongside the training. You can access the tool on the Forced Marriage (GOV.UK) E-learning website (this is currently being redeveloped).

Click here to view Flowchart: Warning Signs of Victim of Forced Marriage.