1. HAMPSHIRE LSCB EVENT FORCED MARRIAGE Reasons, Risks, Response Chaz Akoshile Joint Head, Forced Marriage Unit 3 March 2016

2.  Definitions  Drivers and figures  Role of the FMU – case handling  Existing protection for those at risk  Q&A 2

3.  FORCED MARRIAGE PROTECTION ORDERS  STATUTORY GUIDANCE  MULTI AGENCY PRACTICE GUIDELINES 3

4. ‘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. 4

5. An ‘arranged marriage’ is one where family or other relatives choose the suitor, but both parties involved have the final say and CAN decline at any point. If a person changes their mind but is not given any choice, it becomes forced and is unacceptable. 5

6.  PHYSICAL  EMOTIONAL  PSYCHOLOGICAL  FINANCIAL  SEXUAL 6

7.  Controlling behaviour e.g. perceived promiscuity, too “westernised” etc.  Preventing “unsuitable” relationships.  Protecting so-called family honour.  Responding to family or peer pressure.  Financial gain to ensure family wealth and/or land remains within the family. 7

8. 8 Triggers in school/college for potential forced marriage A decline in behaviour at school or caught ‘misbehaving’, may result in parents being called in to be made aware of the situation. As a professional, be mindful about the impact that some of these behaviours could be viewed from a religious and cultural perspective. Examples could include: Perceived homosexual behaviour Smoking or underage drinking Being caught sending or receiving ‘sext’ messages Fighting with others – especially for females/girl gang behaviour Poor exam results – resits.

9. Protecting perceived cultural or religious ideals. 9 Not endorsed by any religion – it is a form of abuse and certainly NOT part of any culture.

10. Claiming residence and citizenship to strengthen family links. 10

11. Providing carer for child with disabilities 11 *Remember MCA 2005 and FM guidance documents

12. In addition to education and employment ceasing...  Theft (e.g. of passport, money and belongings)  Unlawful imprisonment  Restriction of freedom of movement and association  Abduction and kidnapping  Rape  Enforced pregnancy  Abortion  Murder and mutilation 12

13. ‘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. Restoring honour or ‘izzat’ is viewed as being more important than anything else. A forced marriage used to restore ‘honour’ can occur with a person who has a learning disability or physical disability, linked to the belief that marriage is removing the ‘shame’ of their disability. 13 “CULTURAL ACCEPTANCE DOES NOT MEAN ACCEPTING THE UNACCEPTABLE”....

14. “Blood is thicker than water. Honour is thicker than blood.” 14

15. Banaz Mahmod was 20 years old, and rebuilding her life again when she was murdered by her family in the name of ‘honour’.  According to the prosecution, Banaz had to pay the "ultimate price" for bringing shame on her Kurdish family.  She had been forced into a marriage at 17 to an older man who had repeatedly beaten and raped her, finally she left.  She found genuine love with another and paid the ultimate price for choosing love over honour.  Four months later, the suitcase containing her body was found buried more than 100 miles away from her family home.  Her father and uncle planned this murder with 3 others.  She went to the police 5 times with their names...she was not protected.  Understanding the importance of honour and the significance of shame is key when handling forced marriage cases. 15

16. Established 2005. FMU is the Government’s main delivery arm: Developing effective Government policy Awareness raising Media Campaigns Casework  Domestic  Consular 16

17. 020 7008 0151 We received over 1260 calls in 2014 1 in 5 callers were male A third involved minors 135 instances involving those with disabilities  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.  Work with police, social workers, teachers, welfare officers, health professionals and many others in UK to protect people at risk.  Provide support, guidance, information and contacts. 17

18. Countries of Origin Pakistan (38.3%), India (7.8%), Bangladesh (7.1%), Afghanistan (3%) Somalia (1.6%) Turkey (1.1%), Iraq (0.7%), Sri Lanka (1.1%) and Iran (1.0%). 23% of the cases handled by the FMU were domestic and had no overseas element * Overall the FMU has handled cases involving over 90 different countries 18

19.  Signposting to BHC/Embassies.  Arrange safe accommodation overseas.  Assistance with their return to the UK – providing local knowledge linked to exit visas.  Awareness of local laws in order to provide advice on any travel limitations.  Organise repatriation - and rescues in extreme cases.  Accompanying victims to the airport – especially in the case of minors.  Organise emergency flights/ travel documents with safe pick-up and transport from airport. 19

20. London 23% West Midlands 11.9% South East 10.8% Yorkshire and Humberside 8.9% North West 8.1% East 4.7% East Midlands 4.4% Scotland 2.3% South West 1.7% Wales 1.4% North East 1.3% Northern Ireland 0.7%. The region was unknown in 20% of cases. 20

21. Forced Marriage Pathway Social Services Take the lead In safeguarding Capacity assessments Best interestWellbeing checks FMPOCourt of Protection Education Investigate and identify risk Report to Social Services Involved in safeguarding Support with practical Housing issues Police Involved in safeguarding process Take lead if criminal offence is committed Liaise with CPS Support to remove belongings NGO/ Advocacy Involved in safeguarding Support victim re resettlement housing/benefits Support with criminal proceedings FMPO Victims Report forced marriage Try and collect belongings ID’s Report to police and authorities Health Investigate and identify risk Report to Social Services Involved in safeguarding Community Report to Social Services Limited involvement in safeguarding Support family Liaise with professionals

22. How Forced Marriage Protection Orders can help. FMPOs are civil orders with legally binding requirements to protect a person at risk and can be used to bring someone back to the UK or prevent them leaving in the first place. 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. 22

23.  Forced Marriage Protection Orders (FMPOs) can be obtained and served within 24 hours - Police, social services and any 3 rd party given permission by court can apply for one and use this tool to assist those at risk.  New option since June 16 th 2014 is the criminal justice route....Forcing someone into a marriage is now a criminal offence – there is a twin track approach 23

24.  Forcing an individual to marry against their will.  Using deception with the intention of causing another person to leave the UK for the purpose of forcing that person to enter into marriage.  Breach of a forced marriage protection order.  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. 24

25.  Although forcing someone into a marriageand/or using deception to cause someone to go overseas for the purpose of marriage is now a criminal offence – the civil route and use of FMPOs is available and can also be used as an alternative to entering the CJS.  Perpetrators may still be prosecuted if it is in the public interest to do so, however victims may also be able to choose how to they wish to be assisted. 25

26. FORCED MARRIAGE OFFENCE  Maximum penalty on indictment will be imprisonment for a term not exceeding seven years. BREACH OF A FMPO  Maximum penalty on indictment will be imprisonment for a term not exceeding five years. 26

27. Further protection Deterrent Support for professionals Clarity of message POWER TO THE VICTIMS 27

28. Prosecution process Jurisdictions Special Measures Professionals 28

29.  Strengthening legislation with implementation of the Forced Marriage(Civil Protection) Act 2007.  Introduction of FMPOs  Provision of statutory guidance and the multi- agency practice guidelines.  Community engagement work to challenge attitudes and change behaviour.  Provision of longer-term support for repatriated victims.  Introduction of criminal offences. 29

30.  Increase the awareness of forced marriage and bolster existing UK legal frameworks.  Continue to work closely with NGOs and local communities to ensure law is understood and improved implementation of statutory guidance.  Increase outreach with student social workers and teachers in training.  Ramp up our awareness activity in schools by closer working with head teachers and teachers unions. 30

31. Survivors’ Handbook Statutory Guidance for professionals Guidance for Registrars Guidance for MPs and Councillors Free training from the FMU including schools/colleges Social media short films/summer campaigns – using actors from various backgrounds Facebook Page/twitter page Free FM mobile app in conjunction with Freedom Charity Posters Funding for NGOs to provide grassroots training 31

32. 32 The FMU has part funded a useful ‘free to download’ app developed by Freedom Charity for both potential victims and those concerned about others at risk. Some of the features include:  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 FMU.  Does not look like a Forced Marriage App  Free to download on IPhones and Blackberry’s

33.  DO:  Take them seriously  See them immediately and alone  Respect their wishes and reassure them  Establish means of safe contact (secret phone/sim/codeword)  DO NOT :  Send them away/minimise their concerns  Approach members of the family or  Community (*interpreters)  Share information without consent  Attempt to mediate. 33

34. 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: fmu@fco.gov.ukfmu@fco.gov.uk Join us: http://www.facebook.com/forcedmarriage 34