CAMCC is a registered charity that has been

1. CAMCC is a registered charity that has been successfully engaging with its members for over 25 years. We offer the following services: - Representation and liaison -Development and support services - Volunteering opportunities - Signposting and practical guidance - Information on voluntary and community sector issues - Training and events - Regular newsletter - Health and well being initiatives Cheshire Asian and Minority Communities Council - February 2011

2. Forced Marriage Basic Awareness Nadia Ali – Development Manager Cheshire Asian and Minority Communities Council - February 2011

3. Learning outcomes • Understand the differences between forced marriage and arranged marriage • Legal context • How fears of forced marriage impacts on young people • How professionals can work together to support young people at risk • Be aware of the Cheshire West & Chester LSCB protocol and national guidance Cheshire Asian and Minority Communities Council - February 2011

4. Definitions • In arranged marriagesthe families of both spouses take a leading role in arranging the marriage but the couple have the choice as to whether to proceed. • The tradition of arranged marriage has operated successfully within many communities and many countries for a long time Cheshire Asian and Minority Communities Council - February 2011

5. Definitions • A forced marriage is a marriage in which one or both spouses do not (or, in the case of some vulnerable adults, cannot) consent to the marriage and some element of duress is involved. • Duress includes both physical, psychological, financial, sexual and emotional pressure. • Forced marriage is primarily an issue of violence against women but research has shown that young men can also be victims. Cheshire Asian and Minority Communities Council - February 2011

6. Home Office working Group on Forced Marriage definition: “ A marriage conducted without the valid consent of both parties where duress is a factor.” A choice by right: Home Office (June 2000) The Court of Appeal clarified that duress is “whether the mind of the victim has been overborne, howsoever that was caused” (Magill and Lee, 2008) Forced marriage is an abuse of human rights Cheshire Asian and Minority Communities Council - February 2011

7. “There is a whole spectrum of pressure placed on young girls ranging from subtle emotional pressure to harassment, threats of violence, abduction, rape and even murder. Imagine you respect your heritage and your parents. They are being very nice to you and care about you, but you still feel you cannot speak up against being married off. Even in that context, an arranged marriage then becomes a forced marriage.” Hannah Siddiqui, Southall Black Sisters. Cheshire Asian and Minority Communities Council - February 2011

8. Honour based violence • The terms ‘honour crime’ or ‘honour-based violence’ or ‘izzat’ embrace a variety of crimes of violence (mainly but not exclusively against women), including assault, imprisonment and murder, where the person is being punished by their family or their community. • They are being punished for actually or allegedly undermining what the family or community believes to be the correct code of behaviour. • In transgressing this correct code of behaviour, the person shows that they have not been properly controlled to conform by their family and this is to the ‘shame’ or ‘dishonour’ of the family. Cheshire Asian and Minority Communities Council - February 2011

9. Incidence of forced marriage • In 2008 over 1600 incidents of suspected forced marriage were reported to the Forced Marriage Unit each year • Statutory and voluntary agencies also deal with cases that are not included in these statistics. This would raise the estimate to between 5000 to 8000 cases • Tip of the iceberg - many cases go unreported and victims are ‘hidden’ • Increased awareness should increase the levels of reporting Cheshire Asian and Minority Communities Council - February 2011

10. Majority of cases in the UK involve South Asian families • This is a reflection of the large established South Asian community in the UK • Cases also involve families from east Asia, Middle East, Europe and Africa Cheshire Asian and Minority Communities Council - February 2011

11. What are the motives prompting forced marriage? Cheshire Asian and Minority Communities Council - February 2011

12. Why do forced marriages happen? • Cultural • Upholding perceived cultural or religious ideals • Controlling unwanted behaviour and sexuality • Preventing unsuitable relationships • Protecting children especially if they have additional needs • Strengthening family links • Assisting claims for residence and citizenship • Fulfilling long-standing family commitments • Peer group or family pressure • Victim unaware they have a right to choose • Protecting family honour Cheshire Asian and Minority Communities Council - February 2011

13. Additional factors that may increase the risk of forced marriage: • Bereavement • Re-marriage • Single parent • Younger child required to take the place of an older sibling to fulfil the contract • Disclosure of sexual abuse Cheshire Asian and Minority Communities Council - February 2011

14. Legal context Cheshire Asian and Minority Communities Council - February 2011

15. Forced Marriage can represent: • A form of domestic violence • A form of child abuse • A form of contemporary slavery (as recognised by the United nations in June 2005) • An abuse of Human Rights • An act which is not up held by the teachings of any religion • An act that is very different from the successful practice of arranged marriage Cheshire Asian and Minority Communities Council - February 2011

16. An adult means a person aged 18 years or over • As defined in the Children Act 1989 and the Children Act 2004, a child means a person who has not reached their 18th birthday. • This includes young people aged 16 and 17 who are living independently; their status and entitlement to services and protection under the CA 1989 remains unaltered. Cheshire Asian and Minority Communities Council - February 2011

17. Legal context – marriage • Marriage Act 1949 and the Matrimonial Causes Act 1973 govern the law on marriage in England and Wales. • Minimum age for a young person to consent to marriage is 16yrs • A person between 16yrs and 18yrs may not marry without parental consent (unless widowed) • Within England and Wales, there is no specific legal offence of forcing someone to marry. • Marriages remain legally valid until they are annulled or the parties divorce. There are specific rules that relate to marriages overseas and legal advice should be sought. Cheshire Asian and Minority Communities Council - February 2011

18. Legal context – criminal offences • However, criminal offences may be committed. These may include • Threatening behaviour • Assault • Theft (e.g. of passport) • Kidnap/ abduction/ false imprisonment • Cruelty • Murder • Sexual intercourse without consent is rape. • Aiding and abetting a criminal offence Cheshire Asian and Minority Communities Council - February 2011

19. Legislation – domestic abuse • The government defines domestic abuse as ‘any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality’ • This includes issues of concern to black and minority ethnic (BME) communities such as so-called ‘honour based violence’, female genital mutilation (FGM) and forced marriage. • Family members are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly related, in-laws or stepfamily Domestic Violence: A national report, (Home Office, 2005) Cheshire Asian and Minority Communities Council - February 2011

20. Legislation – Human Rights Forced marriage is a violation of internationally recognised human rights standards. Marriage shall be entered into only with the free and full consent of the intending spouses. (Universal Declaration of Human Rights, Article 16(2)) Cheshire Asian and Minority Communities Council - February 2011

21. Legislation – Women’s Rights ‘State parties shall ensure on a basis of equality of men and women…the same right freely to choose a spouse to enter into marriage only with their full and free consent’. (Convention to Eliminate all forms of Discrimination against Women, Article 16(1)(b)) ‘A woman’s right to choose a spouse and enter freely into marriage is central to her life and her dignity and equality as a human being’. (General recommendation no. 21, UN Committee on the Elimination of all Forms of Discrimination Against Women) Cheshire Asian and Minority Communities Council - February 2011

22. Forced Marriage (Civil Protection) Act 2007 • Courts have powers to make Forced Marriage Protection orders; wide discretion in the type of injunctions they can make. • Courts can make orders to protect the victim after a forced marriage and help remove them from that situation. • If there is significant risk of harm, the courts can add the power of arrest to the injunction. • Breach of an injunction would not itself be a criminal offence but it would be contempt of court. The courts would then have the full range of sanctions available including imprisonment. Cheshire Asian and Minority Communities Council - February 2011

23. Forced Marriage (Civil Protection) Act 2007 The Act enables: • people to apply for an injunction at the County Court rather than the High Court • Relevant third parties to apply for an injunction on behalf of somebody else It places the FMU Guidance on a statutory footing. Cheshire Asian and Minority Communities Council - February 2011

24. Small groups: Warning signs Cheshire Asian and Minority Communities Council - February 2011

25. Education Warning Signs Health Employment Victim of Forced marriage Police Involvement Family History Cheshire Asian and Minority Communities Council - February 2011

26. Education • Absence and persistent absence • Request for extended leave of absence and failure to return from visits to country of origin • Fear about forthcoming school holidays • Surveillance by siblings or cousins at school • Decline in behaviour, engagement, performance or punctuality • Being withdrawn from school by those with PR • Not allowed to attend extra curricular activities • Prevented from going on to further/ higher education • Sudden announcement of engagement to a stranger • Removal from a day centre of a person with a physical or learning disability Cheshire Asian and Minority Communities Council - February 2011

27. Health • Accompanied to doctor’s or clinics • Self harm • Attempted suicide • Eating disorders • Depression • Isolation • Substance misuse • Early/ unwanted pregnancy • Female genital mutilation “I hate holidays because I can’t go out, so I can’t see my friends.” Cheshire Asian and Minority Communities Council - February 2011

28. Police • Victim or other siblings within the family reported missing • Reports of domestic abuse, harassment or breaches of the peace at the family home • Female genital mutilation • The victim reported for offences e.g. shoplifting, substance misuse • Threats to kill and attempts to kill or harm • Reports of other offences such as rape, kidnap or imprisonment • Acid/ bleach attacks Cheshire Asian and Minority Communities Council - February 2011

29. Family history • Siblings forced to marry • Early marriage of siblings • Self harm or suicide of siblings • Death of a parent • Family disputes • Running away from home • Unreasonable restrictions e.g. kept at home by parents (‘house arrest’) and financial restrictions Cheshire Asian and Minority Communities Council - February 2011

30. Employment • Poor performance • Poor attendance • Limited career choices • Not allowed to work • Unable to attend business trips or functions • Subject to financial control e.g. handing over/ confiscation of wages • Leaving work accompanied • Unable to be flexible in their working arrangements Cheshire Asian and Minority Communities Council - February 2011

31. I hate holidays because I can’t go out so I can’t see my friends I’m in trouble at home because my parents saw me talking to a boy I’ve been offered a place at University but I can’t go What’s the point I’ll be married in a year My sister was married at 16. She didn’t ant to and she’s never been happy Cheshire Asian and Minority Communities Council - February 2011

32. Pairs: Impact on young people Cheshire Asian and Minority Communities Council - February 2011

33. Impact on young people • May need help avoiding a threatened forced marriage or help dealing with the consequences of a forced marriage that has already taken place • Isolation - similar to domestic abuse • Physical • Emotional • Social • Estrangement – from family and heritage, social ostracism • Restricted education, personal development, and career opportunities • Domestic abuse – violence, financial controls, rape • Harassment from family and community • Fear • Low self-esteem Cheshire Asian and Minority Communities Council - February 2011

34. Impact on young people • There is no typical victim of forced marriage. • Some may be under 18yrs • Some may be disabled or have a learning disability • Some may have young children as a result of the marriage • Some may be spouses from overseas. • Each case needs to be handled according to the needs of the individual. Cheshire Asian and Minority Communities Council - February 2011

35. Process Cheshire Asian and Minority Communities Council - February 2011

36. Professional response • Facilitating disclosure • Developing individual safety plans • Ensuring the child’s safety by providing complete confidentiality in relation to the rest of the family • Individual risk assessments completed with the child/ young person • Clear recording Cheshire Asian and Minority Communities Council - February 2011

37. Is the young person in the UK? Discreetly gather Information (see guidance) Contact the FCO No yes Gather info from the YP (may be one chance to do so) Is the YP a child in need of services? Is the YP in immediate danger? No yes yes Initiate protective action Complete Initial Assessment Complete a Core Assessment Convene professionals Planning meeting Provide information Cheshire Asian and Minority Communities Council - February 2011

38. What can help protect young people at risk? • One Chance Rule • Gather as much information as possible • DO NOT ATTEMPT TO MEDIATE • Give the young person information on their rights and choices • Work together to make sure vulnerable young people access help • Assess the risks to the young person and work out the intervention options • Contact the Forced Marriage Unit • Initiate protective action if required e.g. emergency protection order (EPO) or police protection • Consider options for longer term protection Cheshire Asian and Minority Communities Council - February 2011

39. Options available to people facing forced marriage • To leave their family, start a new life and possibly remain in hiding • To leave their family, start a new life knowing they face a life of ostracism and isolation • To leave their family, start a new life and prosecute their family • To return to the family and hope the situation can be resolved • To seek legal protection Cheshire Asian and Minority Communities Council - February 2011

40. Options facing people who have already been forcibly married • To stay with the marriage • To flee the marriage, start a new life and possibly have to remain in hiding • To leave their family, start a new life knowing they face a life of ostracism and isolation • To flee the marriage, start a new life and prosecute the family • To leave the family and publicly refuse to sponsor their spouses visa application for entry into the UK Cheshire Asian and Minority Communities Council - February 2011

41. Case studies Cheshire Asian and Minority Communities Council - February 2011

42. Key information for all cases • Details of person making the report • Name, contact details, relationship to young person • Details of the young person under threat • Date of report • Name of individual under threat • Nationality • Age • Date and place of birth • Passport details • School details • Employment details • Full details of the allegation • Name and address of parents Cheshire Asian and Minority Communities Council - February 2011

43. Key information for all cases • From the individual under threat • A list of family and friends who can be trusted • Establish a way of contacting them • Establish a code word to ensure you are speaking to them personally • Background info • Schools attended, • Involvement of other agencies e.g. health, police • Record details about any threats or hostile actions (may be from referrer) Cheshire Asian and Minority Communities Council - February 2011

44. Key information for all cases • Obtain a recent photograph and other identifying documents • Document any distinguishing marks e.g. birthmarks or tattoos • Establish nature and level of risk to the individual • Secret boyfriend/ girlfriend • Already secretly married • Self harm and/ or substance use • Runaway • Are any other family members at risk? • Is there a history of forced marriage with other siblings or cousins • Check records in other areas for past referrals Cheshire Asian and Minority Communities Council - February 2011

45. Interviews • Use a private and secure part of the building so that interviewee cannot be forcibly removed by the family • Interviewee may wish to be interviewed by a worker of the same gender • Interviewee may not want to be seen by a worker from their own community • If the interviewee insists on being accompanied then ensure that the accompanying person understands the full implications of confidentiality and not sharing information with the family • Language/ disability issues may require the use of an authorised accredited interpreter. Do not use family members, community members. • Have a backup plan in case there are problems Cheshire Asian and Minority Communities Council - February 2011

46. Planning for leaving... Encourage service user to • Put money aside where possible (separate secret account) • Think through necessary items and how to acquire them: • identification (passport, NI, benefits agency papers) • Consider leaving copies with trusted professional e.g. social care • financial documents ( bank/ building society books) • address book • keys • clothing/ toiletries (leave with a trusted friend) • Sentimental items (photographs, videos, toys etc) • Helpline numbers • Have a telephone card or change for urgent phone calls • If appropriate have evidence of abuse logged (e.g. GP, hospital) • Speak to solicitor about legal steps Cheshire Asian and Minority Communities Council - February 2011

47. After leaving….. • Keep address secret • Take care when out and about • Consider arrangements if the person wishes to return to their house to collect possessions e.g. police, domestic abuse workers and risk assess • Home safety devices • Change mobile phone/ email/ consider social networking • Support from others, local and national groups • Employer can help • Getting out of the house in an emergency • Using the legal system Cheshire Asian and Minority Communities Council - February 2011

48. Any questions? Cheshire Asian and Minority Communities Council - February 2011

49. Useful resources LSCB protocol in Safeguarding Handbook www.cheshirewestandchester.gov.uk Cheshire Asian and Minority Communities Council - February 2011

50. Multi-agency practice guidelines: Handling cases of Forced Marriage • Chapter 4: Actions to be taken in all cases • Chapter 5: Information required for all cases • Chapter 6: Information for health professionals • Chapter 7: Guidelines for schools, colleges and universities • Chapter 8: Guidelines for police officers • Chapter 9: Guidelines for children’s social care • Chapter 10: Guidelines for adult social care • Chapter 11: Guidelines on housing for local authorities Cheshire Asian and Minority Communities Council - February 2011