Forced Marriage Practitioner Guidance - update 2014

Section 2: Understanding and approach: information for all practitioners

No marriage shall be legally entered into without the full and free consent of both parties United Nations Convention on consent to marriage, minimum age for marriage and registration of marriages, Article 1

4. Facts about forced marriage

5. Responding to forced marriage: a good practice approach

6. Safety planning

7. Checklist: actions to take in all cases

8. Checklist: information required for all cases

4. Facts about forced marriage

What is forced marriage?

A forced marriage occurs when one or both spouses do not (or, in the case of children and some adults at risk, cannot) consent to the marriage and coercion is involved. Coercion can include physical, psychological, financial, sexual and emotional pressure, threatening conduct, harassment, threat of blackmail, use of deception and other means. It is also force knowingly to take advantage of a person's incapacity to consent to marriage or to understand the nature of the marriage.

The Scottish and UK Governments regard forced marriage as a form of domestic abuse, an abuse of human rights and, when children and young people are affected, child abuse.

There is a direct link between forced marriage and crimes committed in the name of 'honour'. The most extreme examples - 'honour' killings - are committed in the belief that defiled honour can only be redeemed when the source of shame, that is the victim, is removed. This is often done in collusion with relatives and the community.

The difference between forced and arranged marriage

Forced marriage is different from arranged marriage. In an arranged marriage, the families of both spouses take a leading role in arranging the marriage but the choice whether or not to accept the arrangement remains with the prospective spouses.

In forced marriage, one or both spouses do not (or, in the case of children^[15] and some adults at risk, cannot) consent to the marriage and coercion is involved.

If families have to resort to violence or emotional pressure to make someone marry, that person's consent has not been given freely and, therefore, it is a forced marriage.

Relationship to domestic abuse

Forced marriage is a particular form of domestic abuse. While forced marriage has its own causes and solutions, understanding it as domestic abuse will help you provide an effective response. It is also important to understand the cultural context within which forced marriage occurs. While the victim's partner or potential partner may perpetrate the abuse, in forced marriage, close and extended family members, children, siblings, and in-laws are typically involved and responsible. Victims are under enormous pressure to conform to the expectations and demands of their family, and the consequences of not doing so are considerable.

Victims of forced marriage often experience physical, emotional and sexual abuse. Rape, physical, emotional and psychological abuse, forced pregnancy, and restrictions on freedom of dress, behaviour and lifestyle are common. Some women are virtually under 'house arrest' and may only be allowed out if accompanied by family members. They may also have their passports and legal documents removed.

'I felt I had no option. Once they had taken me out of the country there was nothing I could do. I had no contact with anyone but the family. My mother was caught between my feelings and the community's expectations. They made me feel that I would dishonour my family if I didn't marry him.'

Who is affected?

Both men and women are forced into marriage although most cases involve young women and girls aged between 13 and 30. However, there is no 'typical' victim of forced marriage.

Forced marriage is not limited to first marriages and can affect those who are widowed or divorced.

Of 1,302 contacts to the Forced Marriage Unit in 2013, 18 per cent involved a male victim and 82 per cent a female victim.

LGBT people are also victims of forced marriage. Of the above contacts, there were 12 instances which involved victims who identified themselves as lesbian, gay, bisexual or transgender (LGBT). See also www.fco.gov.uk/resources/en/pdf/foced-marriage-lgbt (sic) and www.stonewall.org.uk/at_home/hate_crime_domestic_violence_and_criminal_law/9527.asp

Of the above contacts, 97 involved people with disabilities. Evidence suggests that for people with learning disabilities, forced marriage may occur at a similar rate for men and women. Research also indicates that the forced marriage of people with learning disabilities is likely to be significantly under-reported and can differ from the way in which forced marriage presents generally.

Most reported cases in the UK so far have involved South Asian families (Pakistani, Indian and Bangladeshi). This partly reflects the fact that there is a large, established South Asian population here. However, forced marriage commonly occurs across the world, and there have been reported cases in the UK involving East Asian, Middle Eastern, European and African communities.

Forced marriage is not associated with particular religions or religious practice and has been recorded in Christian, Jewish, Hindu, Muslim and Sikh communities.

Some forced marriages take place in Scotland with no overseas element, while others involve a partner coming here from overseas or a British national being sent abroad.

Some cases are immigration-related with victims forced to marry family members in order to facilitate their entry to the UK. More information about legality of marriage to family members is at: www.gro-scotland.gov.uk/files2/registration/RM1-Leaflet.pdf

'People don't realise that men can also find themselves in this situation. I don't know if I could have told anyone even if I'd had the chance to. It's not exactly macho, is it, admitting that you were held hostage by your family and forced to marry someone you'd never met…?'

Prevalence of forced marriage

Many cases of forced marriage, as with domestic abuse generally, go unreported. Many of the families involved do not consider the marriage as 'forced' and many victims are unwilling to speak out. With greater awareness of the help available, the number of cases reported is likely to increase.

The main support organisations for female victims in Scotland are Shakti Women's Aid in Edinburgh and Hemat Gryffe Women's Aid in Glasgow. In 2013, Shakti Women's Aid supported 25 forced marriage cases and Hemat Gryffe Women's Aid 13 cases.

There is no reliable source of information which captures the cases involving male victims of forced marriage in Scotland.

Born and brought up in Scotland, M was 16 when she approached Women's Aid asking for information on domestic abuse 'for a friend'. She came back the next day asking to speak to the same worker and said that her family were forcing her to marry her cousin, also 16. The family planned to visit their home country in the summer holidays and get her married. Her father was abusing her because of her refusal to cooperate and was threatening to stop her from going to school.

Women's Aid helped M plan her escape from home and go to a refuge in another city. It was difficult for her to leave her mother and siblings. She was extremely protective of them, felt guilty about leaving them and worried about them. She was concerned that domestic abuse against her mother by the extended family would increase. So, after a few days in hiding, she phoned her mother who pressured her to meet. Her mother told her:

• 'Your granddad had a heart attack and is in the hospital and wants to see you'
• 'Your sisters and brothers are very upset and not eating'
• 'If you come back, we will move out of Edinburgh, and leave your dad'
• 'We can't face the community so we are leaving the UK'

Despite intense pressure, M was resolute. Eventually, her mother and siblings returned overseas but phoned constantly asking her to join them. Her mother insisted that M should visit for a short while, 'for the family's honour', and that they would not force her to marry. M finally gave in and left Scotland to meet her mother. She later returned to Scotland with a husband. Her two sisters stayed overseas because the family did not want them to refuse to marry as M had done. Both were engaged to their cousins by the time they were 13.

Motives for forced marriage

Perpetrators of forced marriage often justify it as protecting their children, building stronger families and preserving cultural or religious traditions. They often do not see anything wrong in their actions. They may believe that they are upholding the cultural traditions of their home country although practices and values there may have changed. For adults with support needs, including learning disabilities, families may believe it is the right or only option to secure continuing personal care for that person and may be very open about their intentions.

Some parents come under significant pressure from their extended families to have their daughters/sons married.

Sometimes a marriage agreement is made when a child is an infant. They may go through their entire childhood expecting to marry someone their parents select. They may not know that they have a fundamental human right to choose their own partner. However, they may also be completely unaware, until the marriage is imminent or actually taking place, that they have already been 'promised' in marriage to a complete stranger, or relative, whom they have little or no knowledge about and may never have met.

'I've always wanted to be independent, so I only agreed to go because they said my grandma was sick. It wasn't true; when I got there they showed me new clothes and jewellery and said the wedding would be at the end of the week. They knew I'd be isolated when I got there because I am deaf.'

Motives include:

• Controlling unwanted behaviour, sexuality, sexual orientation or gender identity, including perceived promiscuity, or being lesbian, gay, bisexual or transgender (LGBT), particularly the behaviour and sexuality of women
• Controlling unwanted behaviour, for example, alcohol and drug use, socialising unchaperoned with, or simply speaking to, members of the opposite sex who are not family members, wearing make-up or behaving in what is perceived to be a 'westernised manner'
• Preventing 'unsuitable' relationships, for example, outside the ethnic, cultural, religious or caste group
• Protecting 'family honour' or 'izzat' (see Definitions) (for example this might be related to a victim disclosing rape or sexual abuse)
• Responding to peer group or family pressure about conforming to expectations
• Attempting to strengthen family links
• Financial gain or obtaining financial security for the person with a learning disability
• Ensuring land, property and wealth remain within the family
• Protecting perceived cultural ideals
• Protecting perceived religious ideals
• Ensuring care for someone with learning/physical disability when parents or existing carers are unable to fulfil that role or because of mistrust of external social care
• Concerns that younger siblings may be seen as undesirable if older sons or daughters are not already married. This could include marrying off a young person with learning/physical disability because their unmarried status might be seen as a barrier to marriage for their siblings
• Assisting claims for UK residence and citizenship
• Obtaining physical assistance or personal care for ageing parents/spouse

'My family were shocked and very angry when they found out I was gay. They were violent towards me and called me names. My mother tried to calm things but couldn't. I felt guilty that I had caused them pain and let them down. They made me feel as if I owed them. They really believed that if I married who they wanted, I would stop being gay.'

There are no excuses or justifications for forced marriage.

While it is important to be aware of the motives which drive some people to perpetrate forced marriage, you should not accept them as justification. Forced marriage is a violation of children's rights under the UN Convention on the Rights of the Child as well as a form of violence against women and an abuse of human rights under the Universal Declaration on Human Rights.

There is no justification for forced marriage or for practitioners not acting to prevent it.

It cannot be justified on 'cultural' grounds. You may be concerned about cultural sensitivity, but such concerns do not excuse failure to assist victims or to take action (safely) if you suspect that someone is forcing or has forced another into marriage.

It cannot be justified on religious grounds: every major faith condemns it and freely given consent in marriage is a prerequisite of all religions.

Aggravating factors which may increase the risk of forced marriage:

• If a parent dies, especially the father, the surviving parent may think it more urgent to ensure that daughters/sons are married; similarly in single parent households or when a step-parent moves in with the family
• When an older sibling (particularly a daughter) refuses to marry, the younger female siblings may be forced to marry in order to protect the family honour or to fulfil the original contract
• If a child/young person discloses sexual abuse, this could be seen as bringing shame on the child/young person and, by extension, on the family. If the young person who discloses the abuse becomes known to people outside the family, it may damage their chances of future marriage. Therefore, family members may think that marriage will restore honour. They may also believe that marriage will end the abuse
• If a young woman is raped, the family may want her married as soon as possible before this is common knowledge within the community, thus damaging her family's honour and her own and siblings' marriage prospects. If the perpetrator is known to the family and is from the same faith and caste, the family may ask him to marry her
• If someone is lesbian, gay, bisexual or transgender (LGBT), the family may think that marriage will mean that the victim's sexuality sexual orientation or gender identity will not be questioned. They may also believe that marriage will 'cure' the individual of what they perceive to be abnormal feelings, behaviours or attractions
• If someone has a physical or learning disability, the family may think that marriage will provide them with a carer/financial security. Also by 'marrying off' the person, the family ensures that the marriage prospects of siblings are not tarnished by having the victim remain unmarried

Effects on the victim

As with other forms of domestic and child abuse, isolation is one of the biggest issues for victims. There may be no-one they can trust. They may not be able to speak or understand English.

Victims may be married to first cousins which means that they are subject to force from all side of their family. They may be completely isolated or ostracised if they go against the marriage.

Women rarely disclose if they are threatened with forced marriage. So, they often come to the attention of practitioners for behaviour or health issues consistent with distress (for example stress-related and mental health issues; self-harm).

Young women are often taken out of education, restricting their educational and personal development. Their movements and contacts outside the immediate family and community may be prevented or restricted.

They may feel unable to act against the wishes of their parents. Their parents may threaten to disown them if they do, also affecting their relationship with the wider family/community. So, they may suffer emotionally, often leading to depression and self-harm. Research indicates that self-harm and suicide are significantly higher among South Asian women^[16] than other groups and contributory factors include lack of self-determination, excessive control, weight of expectations of the role of women and anxiety about their marriages.

Having a learning or physical disability or illness may be an additional risk factor for victims and may make it more difficult for them to report abuse, seek help or leave an abusive situation. Their care needs may make them entirely dependent on their carers.

All these factors can contribute to impaired health, social development, limited career and educational opportunities, financial dependence and lifestyle restrictions.

Consequences of forced marriage

Whether victims remain with, or attempt to flee from the abuse, they face many difficulties.

Women forced to marry frequently end up trapped in a relationship characterised by physical and sexual abuse. They may be raped repeatedly (sometimes until they become pregnant) with health consequences such as sexually transmitted infections and blood-borne viruses. They may be abused by the extended family. Extended family abuse can be as severe and in some case worse than is perpetrated by a spouse or partner and can include rape daily violence and humiliation.

This abuse has a detrimental effect on any dependent children within the household. Children witnessing abuse can be traumatised and their emotional security and capacity to meet the demands of everyday life undermined. Their health, performance at school, general behaviour and demeanour may be affected. There is a strong association with depression, trauma-related symptoms and low self-esteem in adulthood. For more on the effects of domestic abuse on children and young people see www.scottishwomensaid.org.uk

Many young women are withdrawn from education. Interrupted education limits career choices. Even if a woman manages to find work, however basic, her family may prevent her from taking the job or take away her earnings. This leads to economic dependence, which makes the possibility of leaving even more difficult. Some women are forced to work, unpaid, within close family or community businesses where they can be monitored.

'My father found out that I had a boyfriend and that changed everything in our family. He literally kept me prisoner in the house, wouldn't let me see my friends and then started planning my wedding - to a man I had never met He said that I had to follow our customs, and there would be no discussion. I didn't have any way out…'

Some women are not allowed to leave the house unescorted, living under virtual 'house arrest'. Their only source of information is the perpetrator(s), so they are also emotionally isolated. Some are taken and left abroad for extended periods, away from any support. These factors limit opportunity and choice and means they go through with marriage as the only option. They may find it very difficult to take action to end the marriage.

Leaving the family can be especially hard for women from black and minority ethnic communities. They may have no experience of life outside the family. They may risk losing their children and friends. Finding other accommodation may be very difficult especially for those who do not have recourse to public funds^[17]. Living away from home with no or little support can make women more isolated, thus increasing the likelihood of feeling they have no option but to return to the abuse. Women with no recourse to public funds are not entitled to benefits including Housing Benefit and so have no means to support themselves or any children.

The community may view leaving the family, accusing the family of a crime, or simply approaching an agency for help as bringing shame on both its 'honour' and on the honour of the family. This may lead to social ostracism, harassment and even physical or sexual violence by the family and community. Many women are, understandably, unable to face or prepared to undergo this abuse and humiliation.

Those who do leave often live in fear of their families who may go to considerable lengths to find them and bring them back. Families may ask others to help them find the woman, or involve the police by reporting them missing or falsely accusing the woman of a crime (for example theft). Some families have traced women through medical, dental, benefits, school and college records or National Insurance numbers. They may use 'bounty hunters' (people paid to captures fugitives for a monetary reward), private investigators, taxi drivers, shopkeepers and other members of the community. Sometimes, having traced the woman, the family or a third party may murder them (so called 'honour killing') or subject them to further violence or abuse.

Most cases which have been reported to the police have also included a level of collusion and planning, usually by way of a family or community meeting to decide how to deal with the issue/victim. This reinforces the isolation victims experience and the restricted options they face when trying to get help and support.

Women who have not been allowed to work, and/or have no money of their own will have to find a way to support themselves and any children and to set up their own home. This is likely to mean needing to claim welfare benefits, a process which they may find confusing and lengthy. It may also be dangerous as family members may be privy to a woman's security information and be able to find out where she is.

For people with learning disabilities, and the spouses they are forced to marry, there can be additional consequences, for example:

• Abandonment - the spouse without a disability may not want to provide their care and support, and could reject the person with learning disabilities
• The spouse without a disability may not realise they are committing a criminal offence by having a sexual relationship with a person who does not have the capacity to consent to sex. This is not an excuse
• The spouse without a disability may be subject to violence from their in-law's family should they seek to leave the marriage
• The spouse without a disability may seek exploitative access to the finances of the person with learning disabilities
• The spouse with a learning disability will face more difficulties should they wish to leave the marriage

Warning signs and indicators

Those facing forced marriage may be anxious, depressed and emotionally withdrawn with low self-esteem. They may come to the attention of practitioners for various reasons (The same indicators could indicate other forms of abuse which also require an effective multi-agency response).

Other, less common, warning signs include hair cut short or shaved as punishment; young women saying they have been taken to the doctor for virginity testing; and symptoms associated with poisoning (this could be a murder attempt or drugging to gain compliance or suicide attempt).

In certain communities, women are expected to undergo female genital mutilation (FGM) or 'cutting' before marriage. This is usually performed during childhood but there have been reports of young women undergoing FGM just before a forced marriage. FGM is illegal and a criminal offence in Scotland under the Prohibition of Female Genital Mutilation (Scotland) Act 2005^[18], as well as in the rest of the UK under the Female Genital Mutilation Act 2003^[19]. It is also a criminal offence under both Acts to take someone overseas for the purposes of FGM.

If someone you are in contact with is going overseas but has no return date this could be a warning sign.

When a forced marriage takes place overseas

For many victims, this may be the first time they have travelled overseas and they may not be aware that this is the purpose of their trip (it may be presented as a holiday). If they are held against their will and forced to marry, it may be hard for them to get back to the UK. The difficulties include not being able to phone, write or email; not having their passport; not having any money; not being allowed to leave the house unescorted; and not speaking the local language.

They may be held in remote areas where even getting to the nearest road can be hazardous. They may not get any help from (indeed they may be actively hindered) by the local police, neighbours, family, friends or taxi-drivers.

They may be abused or threatened physically, emotionally and sexually.

Even if the authorities in the UK know where a British national is, it may not be possible to provide suitable assistance to reach the area or to rescue them.

So, always warn victims what might happen if they travel overseas and, if possible, advise them not to travel. If not gather as much information as possible.

If there are child protection or vulnerable adult issues, you have a legal duty to act and steps can be taken to prevent certain travel arrangements taking place altogether.

Remember that an FMPO can be used to protect all children and adults at risk.

Remember the one chance rule (see One Chance Checklist) and refer also to actions to take (see Section 7), information gathering (see Section 9) and legal remedies (see Chapter 3).

E was born in the UK but her parents were from Somalia. She was at university and things were not going well at home because her parents thought she was becoming too 'westernised' and disapproved of her smoking and drinking and having a boyfriend. Her mother tricked her, saying that she wanted to take E on holiday to Somalia to show her where she and E's father had grown up. When they arrived, she was chained to a wall of the house in which they were staying until she was forced to marry a much older man. E tried to run away. Her mother called the police and the police arrested E and put her in a prison where there were other women who had resisted marriage. After being let out of prison, E pretended to capitulate. She was allowed to go into the local town where she managed to email a friend in the UK. The friend contacted the Forced Marriage Unit. The FMU managed to arrange to have her smuggled out of Somalia to Ethiopia and onto a plane home where she went into refuge. She was very frightened because she had 'brought shame' on her family by running away and feared that if her family found her, they would kill her.

Remember:

In some instances, victims themselves may have no indication that they are being forced into marriage e.g. if they think they are 'going on a family holiday' and on arrival in another country are forced into marriage. For people with disabilities, warning signs may not be immediately obvious, and so all practitioners need to 'think outside the box'.

There are statutory powers to protect vulnerable adults who cannot consent or who are at risk of being forced into marriage.

Warning signs^[20]

EDUCATION

• Sudden or unexplained absence and/or persistent absence
• Absence after school holidays
• Request for extended leave of absence and failure to return from visits to country of origin
• Fear about or lack of interest in forthcoming school holidays
• Surveillance by siblings or cousins at school
• Decline in behaviour, engagement, performance or punctuality
• Being withdrawn from school by those with parental responsibility
• Removal from a day centre, college, club or regular activity of a person with a physical or learning disability
• Not allowed to attend extracurricular activities
• Sudden announcement of engagement to a stranger
• Prevented/discouraged from going on to further/higher education
• Prevented/discouraged from learning English
• Lacks friends or withdraws from friendship group

EMPLOYMENT

• Poor performance
• Poor attendance
• Not allowed to work
• Reluctance or inability to attend business trips or social functions
• Subject to financial control e.g. confiscation of wages/income
• Pattern of going to and leaving work accompanied
• Unable to be flexible in their working arrangements
• Always having to be available by mobile phone

HEALTH

• Always accompanied by partner or family to doctor or clinics
• Someone else insisting on speaking on their behalf or discouraged/not allowed to speak
• Prevents examination for injuries or person accompanying them prevents examination
• Self-harm
• Attempted suicide
• Eating disorders
• Depression
• Isolation
• Substance misuse
• Early/unwanted pregnancy
• Very late presentation with pregnancy or in labour and no ante-natal care
• Sexually transmitted infection
• Female genital mutilation
• Neglect of health and late presentation with medical issues
• Failure to attend appointments

FAMILY HISTORY

• Siblings forced to marry
• Early marriage of siblings
• Self-harm or suicide of siblings
• Death of a parent
• Family disputes (within and between families)
• Running away from home
• Unreasonable restrictions e.g. kept at home by parents ('house arrest') and financial restrictions

POLICE

• Victim or other siblings within the family reported missing
• Reports of domestic abuse, harassment or disturbances at the family home
• Minimising, denying or wanting to withdraw complaints
• Victim calls the police but refuses to give a statement
• Husband's family accompanying the woman to all police visits
• Female genital mutilation
• The victim reported for offences e.g. shoplifting or substance misuse
• Threats to kill and attempts to kill or harm
• Reports of other offences such as rape or kidnap
• Acid attacks

5. Responding to forced marriage: a good practice approach

All practitioners need to remember the 'one chance' rule. That is, you may only have one chance to speak to a potential victim and, therefore, only one chance to save a life. This means that all practitioners need to be aware of their responsibilities to possible victims of forced marriage. If the victim leaves without you offering support, that one chance might be wasted.

Victims of forced marriage are often entrapped by the abusive behaviour and actions of perpetrators - literally, and because of fear and threats. This is all the more intense because of the weight of cultural expectations, the woman's own cultural beliefs, fear of bringing dishonour to the family, along with social ostracism, harassment and actual violence. This makes it very difficult for victims to come forward.

For this reason, it is important that you:

• Start from the position of accepting what women say to you
• Do everything you can to keep women safe
• Get advice if you are not sure what to do
• Ensure an independent translator is available if necessary
• Be aware a woman might not be allowed or willing to speak to a male worker alone

It is a huge step for women to take action or follow through as there is so much at stake. Your role is to explain options clearly, help her plan for safety and reassure her that she can come back to you at any time.

Many victims of forced marriage do not fit within adult support and protection or child protection criteria. A victim may be at risk as a result of forced marriage and domestic abuse but not meet the particular criteria defined by legislation. It is important to make sure that any victim, whatever their age or circumstances, who is in or at risk of a forced marriage, is supported through effective multi-agency working, and that you take action to ensure her safety.

Prevention

With better awareness, women are more likely to seek help at an earlier stage. The sooner agencies take effective action, the more likely it is that forced marriages can be prevented.

• Be aware of the issues surrounding forced marriage, the dangers women face and the help available
• Encourage women to come forward by clearly displaying relevant information (but carefully - e.g. put in women's toilets) and providing an environment which is conducive to disclosure
• Be ready to inform women about their options - both civil and criminal, the help available and how to get it. Advising a woman that she can apply for a Forced Marriage Protection Order may help reduce any anxiety about criminal sanction
  
  This may be in tandem with criminal investigation/proceedings (see Key Practice Messages). Although a victim may not wish criminal proceedings to go ahead, the COPFS' Prosecution Code sets out the decision-making process followed by COPFS when it receives a report of a criminal offence. It sets out both the evidential considerations and the public interest considerations that are relevant to decision making.
  
  The consent of the victim is not a prerequisite for criminal proceedings. The views of the victim would be one factor for prosecutors to consider when deciding whether to initiate or continue with criminal proceedings in any particular case. However, prosecutors have a duty to make decisions based on the wider public interest.

Your approach

• Take a victim-centred approach (see below)
• Take any disclosure of forced marriage seriously. For many victims, seeking help from an agency is a last resort
• Respect women's concerns for safety and the risks they face
• Provide accurate information about rights and choices
• Listen to the woman and respect her wishes whenever possible
• If a woman wants to take a course of action that may put her or someone else at risk of immediate harm, explain the risks to her and follow your agency's child protection and risk management/assessment procedures
• Do not dismiss forced marriage as a 'family matter' or a cultural or religious practice
• Make sure you keep a (secure) record of contacts made and everything done or said by you, the victim and other agencies contacted

Victim-centred response

• Respect a victim's wishes, choices and rights
• Offer the choice of a male or female worker, if possible (but in an emergency speed of action will override this)
• Provide an independent interpreter if necessary. This should be a professional (never a family member, children or an apparent 'friend' who may be a family member masquerading as support)

Interpreting^[21]

• There are risks in using interpreters, so you should be cautious and do the best you can to minimise these risks
• If interpreters or signers are required, this should be someone independent and professional and not a friend or family member
• Check the interpreter's details (name and area where they are from) with the victim
• Make sure that interpreters sign a confidentiality agreement and understand why
• Ideally, interpreters should be trained in domestic abuse awareness
• Ensure that the interpreter understands that their role is to translate language verbatim, not 'interpret' the message, and absolutely not to advise, censor or correct the person or summarise their response
• Consider using a telephone interpreting service if safe to do so (for example Language Line at www.languageline.co.uk). This could be useful in an emergency and for making arrangements for future meetings
• Provide a communication specialist if necessary to support a person who is deaf, visually impaired or has learning disabilities. The provisos for interpreters, as above, apply
• Make it clear to a victim if you are planning to intervene and what you are planning to do, particularly if this involves applying for a Forced Marriage Protection Order (see section 10). This is particularly important if the victim has indicated that she does not want you to take any action but you have a professional responsibility e.g. because she is an adult or child at risk
• Obtain the victim's consent to share information (within the limits of e.g. child protection policy). Always tell the victim if you are planning to share information; who you will share it with; why; and who else might be party to it. You should also ask/tell her if any other organisations are aware of her circumstances even if you are not planning to share information with them
• If you are making a referral to another service (for example Women's Aid or a solicitor) be prepared to accompany the woman to the appointment

Improving safety

You can improve women's safety by:

• Being aware of the possibility of abuse
• Recognising signs and symptoms
• Broaching the subject sensitively
• Listening and making time
• Giving accurate information
• Recognising risks correctly
• Working closely with her to identify risks and work out a safety plan
• Working in partnership with other agencies (always bearing in mind the safety of the victim and the need for absolute discretion)

Supporting disclosure

To support disclosure and protect a woman at risk of, or in a forced marriage:

• Remember that she may not want to speak to a man and this could result in her appearing reluctant to speak, so provide a choice of female or male worker
• Provide a private and confidential environment where she can speak without fear of being overheard
• See her on her own, even if she is accompanied. The only exception should be a professional interpreter
• Treat her with respect and dignity. Be aware of the grave risks she may face in talking about abuse
• Recognise that she may be frightened of contact with statutory agencies. She may have been told that she will be deported and/or that her children will be taken from her
• If she insists on being accompanied e.g. by a teacher or advocate, make sure this person is not linked to her family/community and ensure that they fully understand the need for confidentiality and not telling family members; this may also involve them agreeing to create a credible and consistent cover story if quizzed by the family
• Under no circumstances should a family member, friend or community member or leader be used to interpret

Remember

• Offer a private space where you will not be overheard
• A woman may not want to be seen by a practitioner from her own community
• Have an excuse or plan ready in case a woman is seen by someone involved in perpetrating the forced marriage or who could (unwittingly) give information back to them

The danger of involving the family and community

Involving families in cases of forced marriage is dangerous. It may increase the risk of serious harm to the woman. The family may not only punish her for seeking help but also deny that they are forcing her to marry; expedite any travel arrangements; and bring forward the marriage

• Do not visit the family to ask them whether they are intending to force the victim into marriage or write a letter to the family requesting a meeting
• Do not use relatives, friends or community leaders as interpreters, regardless of reassurances. Sensitive information may be passed on to others placing the woman or those who are actually willing to support her in danger. Such an interpreter may deliberately mislead practitioners and/or encourage the woman to submit to the family's wishes
• Do not contact an embassy or high commission without a woman's consent. She may not wish anyone in her country of origin to know her whereabouts

Interviewing women

Women are likely to be anxious and distressed. Interviews should take place in a private and secure place free from interruptions, in accordance with your organisation's practices and procedures. Take all steps to ensure that she is safe when in your premises. If it's a public building she could be seen by her family.

Assessing and managing risk

You should assess risks to the victim using your current processes but you also need to be aware of the particular risks associated with domestic abuse and forced marriage. The Domestic Abuse, Stalking and Harassment and Honour Based Violence (DASH, 2009) tool may be helpful with this see: www.dashriskchecklist.co.uk/

This risk assessment tool is endorsed by ACPO and is being used across England, Wales and Northern Ireland and some areas of Scotland.

(Police Scotland uses Domestic Abuse Questions - DAQ)

See www.caada.org.uk for a risk assessment tool which gathers information on domestic abuse, honour-based violence and stalking.

There is also information about risk assessment within the Caledonian System at www.scotland.gov.uk/Topics/People/Equality/violence-women/CaledonianSystem

NB - Practitioners should not use these tools without training.

Multi-Agency Risk Assessment Conferences (MARAC) operate across Scotland. These screen high risk victims of domestic abuse and provide a multi-agency response to reduce escalation and repeat victimisation. The MARAC approach may be a useful framework for providing a multi-agency response (for example for 16-17 year olds who may fall between different procedures). MARACs offer a proactive multi-agency environment for sharing information in a structured way and bringing in agencies with specialist knowledge.

Safety planning

It is important to agree a safety plan with victims. See section 6 for more information on safety planning.

Safety for future contact

• If the woman does not want to meet you in your premises, arrange to meet her somewhere she feels comfortable but is safe
• She will know where and when is best to meet you. But remember that she or you may be followed. If she can pretend to be going to meet someone else, who then organises for you to be there, that could be an option
• Never speak to her in the presence of 'friends'
• Find out if you can contact her safely at work, school or through a trusted friend, sibling or organisation
• If you are phoning her mobile phone, check who pays the bill, as the perpetrator might see the call record
• Agree an unusual code word to ensure that you are speaking to the right person. (This could be an unusual answer to a previously agreed innocuous question)
• If you are using texts, email or post, make sure that messages cannot be intercepted but work on the presumption that they may be
• A third party may be your only link to her especially if she has been taken overseas

Explaining options

A woman who is at risk of forced marriage has limited choices. There are various permutations depending on the circumstances, below are some examples:

• To remain with her family and try to resolve the situation
• To comply with her family's wishes
• To leave her family, start a new life and possibly have to remain in hiding / face ostracism and isolation / take legal action against her family
• To seek protection, using the 2011 Forced Marriage Act or other civil and criminal protection orders and interventions

A woman already trapped in a forced marriage has limited choices:

• To stay in the marriage
• To seek to prosecute the perpetrators under the 2014 Act
• To flee the marriage, with or without her children, start a new life and possibly have to remain in hiding / face ostracism and isolation / take legal action against her family
• To leave the family and publicly refuse to sponsor her spouse's visa application for entry into the UK, or have the spouse removed from the UK if they are already here

Remember:

• If a woman is forced into a marriage overseas, and the marriage is valid in that country, it is likely that it will also be valid in the UK
• A woman can apply to the court to have her marriage annulled or for divorce
• Under Scots law, a religious divorce on its own does not end the marriage in the eyes of the law (although some women may also want a religious divorce because it is a vital part of ending the marriage)
• Having children or younger siblings can limit a woman's options/choices
• Women who choose to stay within the marriage or return after leaving may be at serious risk of abuse
• Leaving can increase risk and make women's situation's extremely dangerous. Their family or spouse may try to search for them through housing, benefit, employment, education and health records. These records can be protected (see Keeping records)
• Families may be very persistent and search for women through religious establishments, BME shops/business and communities
• Many women will not consider taking action against their family
• Women who are in Scotland on student/dependant/highly skilled immigrant visas who have no recourse to public funds are not entitled to housing and other welfare benefits (see section 14). Only individuals who have entered the UK on a spousal visa or as a partner of a UK or settled person can apply to the Destitute Domestic Violence Concession fund (DDVC).

If the woman is from overseas

If the woman is from overseas, fleeing the marriage and applying to remain in the UK is complicated and requires professional immigration advice.

Note that the Immigration and Asylum Act 1999^[22] makes it unlawful for anyone to provide unregulated immigration advice or immigration services unless they are registered as an immigration adviser and/or are exempt from the requirement to register.

Returning to her country of origin is not likely to be an option as she may be ostracised, subjected to violence or even killed. You should explain the risks, even just to exclude this option.

The woman may be extremely frightened by contact with any statutory agency as she may have been told that the authorities will deport her and/or take her children from her. You should be sensitive to these fears, even if she has indefinite leave to remain or a right of abode, as she may not be aware of her true immigration position. These circumstances make her particularly vulnerable.

Regardless of whether a woman is in breach of immigration rules (for example if she is an overstayer), she is likely to be the victim of a crime and may be traumatised as a result. She may also have a route to regularise her stay in the UK and she should be referred for legal advice as soon as possible.

If you are investigating a woman's immigration status, this should not affect police enquiries into an offence that may have been committed against her or her children.

Confidentiality and information sharing

Women facing or in a forced marriage are understandably very concerned about privacy and confidentiality. They know that if anyone finds out that they have gone for help they will be at serious risk. But they are already likely to be at serious risk because of domestic abuse, 'honour-based' violence, sexual violence and imprisonment within the family.

You must be clear to women about when confidentiality can be promised and when information may need to be shared. You should clearly explain to women what your agency means by 'confidentiality' and the limits to this, e.g. when a child is at serious risk of significant harm.

You may have to share information with others in your own and in other agencies in order to protect women. However, you should think very carefully about the risks before you do so.

Information should not be shared outside the requirement of child or adult protection information sharing protocols without the consent of the individual.

Most women will consent if you explain the reasons and what will happen, and give assurances (that the information will not be passed to their family).

Whether or not she consents, you must tell her if you intend to disclose confidential information, what information is being shared, with whom it is being shared, who else will be party to it and why it is being shared. Women should also be told which people/organisations are aware of their circumstances, even though specific information may not necessarily be shared with them.

Any decision to disclose/share without consent must be fully recorded.

Effective inter-agency working and information sharing

Information should only be shared if it is to protect the victim. It should not be shared for the sake of sharing information and must always be justified, necessary and appropriate. Given the high level of risks to victims and the persistence of perpetrators, anyone who processes personal information must comply with the eight principles of the Data Protection Act 1988^[23] to make sure that personal information is:

• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than is necessary
• Processed in line with the individual's rights
• Secure
• Not transferred to other countries without adequate protection

Sharing personal information

The UK Government Information Commissioner's Office has published a statutory Code of Practice^[24] which explains how the Data Protection Act applies to sharing personal data. It provides practical advice to all organisations, whether public, private or third sector, which share personal data and covers systematic data sharing arrangements as well as ad hoc or one-off requests to share personal data.

Adopting the good practice recommendations in the code will allow you to collect and share personal data in a way which complies with the law, is fair, transparent and in line with the rights and expectations of the people whose data is being shared.

The procedures include arrangements for appropriately sharing relevant information with and making referrals to the police, social work, health and the Forced Marriage Unit. For forced marriage, it states:

• 'Staff should understand the importance of sharing appropriate and relevant information with other agencies at the earliest opportunity and the difference between breaking confidence (Part 4 of the Children and Young People(Scotland)Act 2014 ensures that all children and young people have a Named Person provided by the local authority with a duty to promote, support and safeguard the child's wellbeing) (involving the family, community members and so on without the individual's consent) and sharing information with other professionals to protect the individual from significant harm.'
• 'Staff covered by this guidance must also be aware that the person at risk's confidentiality can be breached through use of interpreters, so they must do their best to use interpreters from outside the local community, in addition to not using community leaders, and staff should check with victims if they are comfortable with the interpreter who is present. If no appropriate interpreter is present staff must consider using language line or other phone interpreting services.'
• 'Staff should also be aware that they, other colleagues within the organisation or others within the victim's support network may be approached and/or pressurised by a member of the victim's family, a family friend or a member of the community to give out information.'
• 'The individual must always be advised of the individual professional and organisations which have been informed of their circumstances, regardless of whether that professional or organisation will be directly involved in supporting them and/or taking action to secure their safety or apply for a Forced Marriage Protection Order. This will include advising the individual what personal or other information that professional or organisation has been given, the obligations on them to maintain the individual's confidentiality and the consequences of breach on both the individual and professional.'

Consider:

• Your duties and obligations under the Data Protection Act 1998^[25] and your organisation's existing information-sharing protocols and procedures for child protection; adult support and protection; domestic abuse
• Consulting a domestic abuse specialist/child protection officer/adult support and protection officer/MARAC co-ordinator about how to share information safely with practitioners from other agencies
• Consulting with other agencies (but be aware if you speak to the police that they are duty bound to act on the information you provide)
• Referring the woman, with consent, to agencies experienced in working with survivors of domestic abuse and forced marriage (see Chapter 5)
• Advising women about remote reporting to the police

Remote reporting

Remote reporting is a way of reporting a crime or passing on information without talking to the police directly. There are various organisations, including Shakti and Amina (see Chapter 5), where victims, witnesses, carers or others can speak privately to a member of staff, who will pass information onto the police. Individuals can ask for their information to be investigated; leave details, but ask for information not to be investigated; leave no details, and ask for information not to be investigated (this helps police gather intelligence). Check out the arrangements in your area.

Children and young people

A child or young person may ask you not to give information to their parents/guardians or others with some authority^[26] over them. Child protection guidance states that discussion with family and the family's agreement to refer to local authority children and families social work should only be done if such discussion and agreement-seeking will not place a child at increased risk of significant harm. Consequently, you should respect the young person's request for confidentiality, and should not approach or involve families if forced marriage is suspected until steps are taken to ensure the safety of the child. Information should be passed to the Named Person if it is likely to be relevant to the exercise of the Named Person function for the child or young person under the Children and Young People (Scotland) Act 2014

Remember:

You may be asked to make exceptional disclosures, for example to police colleagues or other agencies to assist a criminal investigation. The Data Protection Act 1998 (section 29) provides an exemption from certain requirements of that Act in particular circumstances, including for the purposes of preventing or detecting crime. This can enable disclosures to be made without the consent of the subject. This is important as, in some cases, it may not be possible to obtain someone's consent, for example if they are overseas. You should seek advice from your organisation's legal department.

In cases of forced marriage, it is important that agencies work together to help women; inevitably, this involves sharing information safely and appropriately.

If you are not able to obtain a woman's consent, for example, when she is overseas, you should share the information if you are concerned that a crime may be committed.

A woman's family may ask a third party such as a councillor, MSP, MP or influential community member to approach you for information. The family may give the third party a very plausible reason for needing to know the woman's whereabouts, for example, illness of a close relative. The third party may genuinely believe they are being helpful. Such requests are often made by telephone. You should never divulge information in such circumstances. This includes divulging whether the woman is known by your service.

See Keeping records for information about keeping records and security of information.

DO NOT:

• Overlook possible breaches of confidentiality such as leaks from within your organisation, from records, interpreters and communications with other organisations
• Share information with the woman's family, community or others without her express consent
• Give any details to the media without the woman's express consent - but make sure that you fully assess the risk of giving details to the media

Medical examinations

If you need to arrange a medical examination for a woman (for example, for treatment for injuries or to document evidence), be cautious about the arrangements for this (for example, a local clinic may not be safe). Health professionals should respond to individual requests to organise a safe place or time for such an examination, if at all possible.

If she has injuries or signs of abuse, encourage her to have them documented. Such information may be useful if there is a future court case (especially if she is a spouse from overseas).

Any examination of a child or young person should take place in accordance with the National Guidance for Child Protection in Scotland (2014)^[27].

Making enquiries

You may need to make enquiries about a woman, for example if she is imprisoned in her home or has gone missing (see page 57 for more on missing persons). Gathering such information, whilst maintaining confidentiality, is difficult. Generally, enquiries should be made by police officers with assistance from social workers. However, sometimes, education and health practitioners may want to make discreet enquiries before involving the police. You should always consider the potential for unintended consequences triggered by making enquiries and asking questions.

If you need to share such information with other agencies, only do so if they know how to handle such information safely.

Simply visiting the family home without knowing the circumstances may put a woman at risk of harm.

If a woman is being held overseas, contacting overseas organisations directly can increase risks:

• The overseas police and other organisations may collude with or have close connections with the family
• They may jeopardise the woman's safety through their attempts to assist
• The family may retaliate against the woman; bring the marriage forward; remove her to an unknown destination

In such circumstances you should liaise closely with the Forced Marriage Unit (see Section 2).

The danger of family counselling, mediation, arbitration and reconciliation

Because of the nature of forced marriage and honour-based violence, some of your agency's standard procedures, may inadvertently place those facing forced marriage at greater risk of harm. This includes attempting to resolve cases through family counselling, mediation, arbitration and reconciliation.

You should not actively initiate, encourage or facilitate such approaches because:

• Some women have been murdered by their families during mediation
• Women may be placed at risk of further emotional and physical abuse
• Perpetrators may use subtle and exclusive methods of communication, including non-verbal ones, which are not discernible to you or you do not understand their particular implications for the woman
• Women's safety is compromised in any process which means they have to negotiate their safety or discuss their feelings in the presence of their abuser and the outcome will not be to their benefit. They may feel pressurised to deny or minimise abuse or their concerns. More importantly, out of fear for the consequences if they do not, women frequently reach 'agreements' which are not in their best interests

Family group conferences are not appropriate in cases of forced marriage because these can place a child or young person at greater risk of harm (see above).

Meetings with the family present

If a woman insists on meeting with her family, this should take place in a safe location, supervised by a trained/specialist professional, with the possible presence of a police officer. An authorised accredited interpreter should be present, as families sometimes threaten the victim verbally and practitioners need to understand what is being said.

If a woman has left the family home, unsupervised contact with her family may be extremely dangerous and she should be advised against this. Families may subject her to extreme physical or mental abuse, abduct her or take her overseas, regardless of any protective measures in place.

Missing persons and those who run away

A missing person is anyone whose whereabouts are unknown, whatever the circumstances of the disappearance. An individual is considered a missing person until they are located or their wellbeing otherwise established. Anyone can be reported to the police as a missing person. You might make such a report as a practitioner if you are concerned about someone. Families who are trying to track down a victim might also contact the police.

Every report of a missing person must be met with a risk assessment and responded to in a coordinated manner by all agencies with a view to meeting the needs of the missing person and their family/carers, those close to the missing person, as well as the wider community (but within the context of ensuring the safety of a potential victim). The investigation into a missing person begins at the point of first notification to the police. This may be the first report of a serious crime or indicator of significant harm to a person. It is essential that all reasonable steps are taken to assess the level of risk and to determine the appropriate course of action and speed of response.

In the case of a 'missing person' or young person who runs away, your first concern should be for their welfare and safety.

Informing the family about their location or returning the victim to the family may place them at risk of significant harm. Some families have killed victims in these circumstances. Some families go to considerable lengths to find the victim (see section 6). Do not give out any information unless you are absolutely sure that the request is genuine. Always check such requests with an experienced colleague/manager.

For further information about young people who run away refer to the National Guidance for Child Protection in Scotland (2014)^[28].

Remember

• Those fleeing a forced marriage which has not yet taken place may be reported as missing by their families. The forced marriage aspect may not be obvious
• If the family locates the victim, try to speak to the victim on their own to establish why they left home, the circumstances of their return and what they want to do
• If police locate a young person under 16, social work or the police should interview them before any consideration is given to returning them home, to establish whether it is in their best interests and safe for them to return (see the National Guidance for Child Protection in Scotland 2014 at www.scotland.gov.ukf5014283-99de-485e-a4d0-b73169efece5
• A local authority can provide accommodation under homelessness law for young people aged 16 and over who are at risk of abuse. For children under 18, access to accommodation will depend on the specific circumstances of each case and applicable legislation
• A young person under 16 who is at risk in the family home may be assessed as needing emergency accommodation under the Children (Scotland) Act 1995^[29] (see sections 22 and 38)
• Those fleeing a forced marriage, or the threat of one, may need to be accommodated outside the immediate area by a different local authority

Do not:

• Disclose information without the express consent of the woman unless the disclosure is to other appropriate agencies with the correct procedures and data protection policies, and disclosure is necessary to protect her or dependants from immediate harm
• Tell anyone where the woman is; do not even refer to the general area

Keeping records

It is important to keep accurate records. Apart from being necessary as part of your organisation's internal procedures or legal requirements, these are useful and may be used as evidence of domestic abuse in civil and criminal court proceedings, immigration cases or applications for Forced Marriage Protection Orders.

You should record in detail what the woman said and what you discussed. Even if she does not disclose forced marriage, a record of your assessment which led to your suspicion may be useful in the future.

Record referrals to others within your organisation or other organisations; who is involved; agreed actions; and update arrangements.

All such records should be kept secure to prevent unauthorised access.

They should only be available to those directly dealing with the case.

There may be issues about access to records, particularly access to a child's health or education record by a legitimate parent/recognised extended family carer. It is possible to withhold any parts of a record which deal with sensitive personal data, or if disclosing the information would be likely to cause significant distress or harm to, for example, the pupil or patient or to any other person.

As a general principle, therefore, references to suspicions of forced marriage should be kept separate and very clearly highlighted in any records so they can be removed to eliminate any possibility of this being shared.

Such material could be double sealed within a case file with further restricted access.

Records should:

• Be accurate, detailed, clear and dated
• Use the person's own words in quotation marks
• Document any injuries - include photographs, body maps or pictures
• Be available only to those directly involved in the case

Remember:

Some people who have fled a forced marriage have been traced through their medical or benefit records. When someone moves to a different area, make sure that there are systems to prevent their medical records being traced to another GP practice or benefit office.

Keeping National Insurance numbers confidential

• The Department for Work and Pensions (DWP) does not allocate new National Insurance numbers to claimants at risk of domestic abuse or forced marriage
• But it does have a policy which means it can mark certain records as restricted; practitioners can help women ensure that this is done
• Women can request that their National Insurance records are marked as a 'Special Customer Record'
• Once a case is marked as a 'Special Customer Record' then only a trusted/nominated member of DWP staff is allowed to view that record. This can be done at local Jobcentre Plus offices

6. Safety planning

Safety planning is important for all women threatened with or in a forced marriage. It can help to reduce harm whether they stay, leave in a planned way or escape in an emergency.

Research shows that leaving home is the most dangerous time for women experiencing domestic abuse, so too for those fleeing a forced marriage.

Consider referring women, with consent, to Women's Aid or other domestic abuse specialist for help with safety planning.

When discussing safety planning, remember that a woman will know what is likely to work best in her circumstances. If you involve her, the plan is likely to be more intuitive and, therefore, more effective.

Things to consider when safety planning:

General

• The risk to the woman and any dependants
• The risk to anybody (friends or family) who helps her
• Whether the woman wants to involve the police
• Money - can she open a bank or savings account in her name (but think about where any paperwork would be kept or sent); can she leave spare cash with a trusted friend?
• Papers - where can she leave copies (or serial numbers) of important documents such as her own and her children's passports, birth certificates, information on her own and/or her children's medication, National Insurance number (for example with Women's Aid, police, or a trusted friend)
• Clothes, prescription medicines - as above
• Helpline numbers - tell her about helplines (discuss with her how she might disguise the numbers or help her memorise them)
• Telephone card or mobile in credit so she can phone for assistance (remind her she can dial 999 if she or any children are in immediate danger)
• Safe emergency accommodation - where can she go if necessary? Remember that standard local authority accommodation might feel frightening without additional immediate support for language or cultural differences and so you should try to address these needs too

If she is staying with the perpetrator(s)

Discuss the following:

• Where in the house she might go if she sees/senses trouble brewing. For example, avoiding rooms with no exits or rooms with potential weapons (kitchen). If she is able to barricade herself into a room, would she have a phone to ring for help?
• Where the nearest phone is
• Who can offer immediate help. Can she memorise numbers? Is there is a trusted friend who could keep phone numbers for her?
• Tell her about the 24-hour National Domestic Abuse Helpline number: 0800 027 1234. Stress that she should phone 999 if she or the children are in imminent danger. She can phone 999 even if her mobile is out of credit
• If the woman has language barrier, rehearse simple sentence or words that will alert the person on the receiving end to get help to the woman, for example: 'help', 'in danger' or (maybe) her address
• Think about transport (nearest bus stop, which bus number, train) and having enough money put aside for fares, a taxi or petrol
• Leaving some essential items with a trusted friend, if she can, such as a change of clothes, keys and emergency money
• Leaving her passport or copy of this and other important documents with a trusted friend could also be useful - or even just the serial numbers
• If she attends a GP or A&E for treatment as a result of abuse, encourage her to tell them what happened if it is safe to do so, and to make sure this is recorded
• Establishing a 'code word' that she can use with friends or other supportive people that would let them know to call for help, and encouraging her to have thought about what she would like them to do in this event

Strategies for women who are planning to leave

Discuss the following:

• Leaving when the perpetrator/s is/are not around
• Keeping some money in a safe place for emergency transport
• Keeping essential documents in a place where they can be retrieved in a hurry (these might include address book, passport, birth certificate, national insurance number) - or even just the serial numbers
• Keeping some clothes ready to take in a hurry
• Remembering important medicines
• Leaving with all children she intends to go with her. If she leaves anyone behind it can be harder, or impossible, to get them at a later date
• How she can safely remove her children from the home/school or collect them
• Getting out of any taxi before her final destination (in case the driver passes on information)
• Contacting Women's Aid for information and support especially about safe refuge before she leaves
• How to keep plans secret - this is one of the most dangerous times for women with the likelihood of perpetrators severely assaulting/murdering her and any children
• Avoiding social media activity so that she can't be tracked

Personal possessions

Whilst it is good to have the following items, they are not as important as someone's safety:

• Proof of identity (something with a photograph and signature e.g. passport, ID card, photo-card driving licence or National Insurance number/card)
• Benefit books, money, cheque books, bank and credit cards
• Medication and medical card
• Address book, photographs, jewellery and clothing
• Marriage/divorce papers
• Documents relating to immigration status i.e. residence permit, refugee status document

Returning home for personal possessions

If a woman wants to return to the family home to retrieve her possessions, practitioners should:

• Help her plan for this in order to make sure that she is safe and protected. This should be done in the context of risk management and safety planning. She should not go unless a risk assessment has been carried out and there is a safety plan; her children should not accompany her if she goes
• Do a risk assessment before any visit to the family home
• Advise her that returning may compromise her safety
• Arrange for someone (for example the police) to accompany her if she insists on returning to the family home to collect possessions but, as above, this should be done within a structured safety plan
• Ensure that an accredited interpreter is also present, in case the family makes threats

Ongoing safety

Practitioners should:

• Take precautions to ensure that the woman's identity, benefits, DWP and other records are kept confidential
• Encourage the woman to change her bank account details and mobile phone so she cannot be traced. Some women also change their name. The law in Scotland allows anyone who wishes to change their forename or surname to do so without having to go through any formal process or registration of the new name. The woman simply starts using her chosen new forename and/or surname. The name does not have to be connected in any way to either a person's original name or those of family members.
• Note that registering a change of name with the local Registrar of Births, Deaths and Marriages will leave a record of the new name through which the woman could then be traced. In these circumstances, if the woman requires a formal confirmation of her name change, it would be safer to have a local solicitor Notary Public sign a declaration for her. More information about getting a new name onto documents is available from the local registrar for births, marriages and deaths or the National Records of Scotland (www.gro-scotland.gov.uk/regscot/change-of-name.html)
• Encourage women to change passwords, for example for email accounts; bank accounts; Facebook and so on
• Arrange for safety measures such as an alarm and mobile phone
• Note that women may be traced by through smart phones (people can see where they are when they connect to the internet)
• Remind women that they may be traced through social networking e.g. Facebook or using a webcam
• Refer the woman, with consent, to a support agency such as Women's Aid
• Ask her if she wants anyone to be told that they are safe and well. If so, who? What information does she want given out? This may be best by telephone (and perhaps through an interpreter), and not written format (to minimise traceability). But be cautious when giving information to other parties as sometimes a woman herself has no comprehension of the risk from others

Many women who remain in contact with their families once they have left home continue to be subjected to emotional pressure. This may include misinformation about illness or death of parents, relatives or siblings. Make the woman aware of this and take steps to check the validity of information if she wishes.

Sometimes families use organised networks to track the woman if she leaves. These include family and community members, bounty hunters, taxi drivers and anyone who can get hold of records such as staff from benefits offices, GP surgeries and housing departments. Staff may unwittingly give confidential information to those searching for the victim, so ensure that a woman's and/or her children's files are marked as restricted access/confidential or whatever is the appropriate procedure in such situations.

7. Checklist: actions to take in all cases

Forced marriage involves complex and sensitive issues which should be handled by a child protection, adult support and protection, or domestic abuse specialist with expertise in forced marriage.

The statutory guidance^[30] on forced marriage states that all organisations should have:

• 'A lead person responsible for the issue of forced marriage. This is likely to be the person with overall responsibility for protecting children, adults at risk or victims of domestic abuse and other forms of gender-based violence'
• Policies and procedures to protect those potentially at risk of forced marriage. This includes for human resources and staff and for service delivery/provision. The policies and procedures should be in line with existing statutory and non-statutory guidance on protecting children, adults at risk and victims of domestic abuse and other forms of gender-based violence

Although frontline staff should contact the lead worker as soon as possible, you may need to gather some information from the victims to establish the facts and assist the referral.

Your approach should be consistent with your own agency's policies and practices whilst taking into account the particular circumstances of forced marriage.

One chance immediate actions

• See the woman immediately in a secure and private place where you will not be overheard (see section 5) - she may not wish to speak to a male member of staff initially and that this could result in her appearing reluctant to speak about the matter
• See her on her own - even if she is accompanied by others
• Reassure her about confidentiality (consistent with your organisation's confidentiality policy) and make it clear that you will not divulge information to her family/friends/community
• Believe what she says
• Explain all the options to her (see section 5) and possible outcomes
• Recognise and respect her wishes
• Perform an appropriate and thorough risk assessment (see section 5)
• Contact, as soon as possible, the lead worker responsible for forced marriage
• For children under 18 refer to social work services who will implement the correct protection procedures dependant on the specific circumstances
• If she is an adult at risk discuss with your adult support and protection lead and refer to inter-agency guidance
• Agree a way to contact her safely (e.g. agree a code word) (see section 5)
• Obtain full details to pass on to the lead worker securely and in accordance with your organisation's information management policy for sensitive material
• Giver her (or help her memorise) your contact details and/or those of a support agency such as Women's Aid
• Consider the need for immediate protection and placement away from the family
• Do everything you can to keep her and any children safe. This may involve having to contact the school to take the children out of class early, particularly if they are collected by a relative
• Get immediate advice if you are not sure what to do

Do not under any circumstances:

• Send her away or let her leave without a safety plan and follow up arrangements
• Approach her friends/family or community unless she asks you to do so (but even if she asks you, you should assess the friend/family/community member's credibility and potential risk)
• Approach community leaders for advice
• Share information with anyone without her express consent (unless there is a risk of immediate harm or she lacks capacity to give consent or she is unable to give informed consent) (see Confidentiality and information sharing)
• Attempt to mediate with family or any member of the community (see Meetings with the family present)

Other actions

• Give the woman, if possible, a choice about who they see (gender/ethnic origin)
• Tell her about her rights to legal advice and representation (Section 12)
• If necessary, record any injuries and arrange a medical examination (see Medical examinations)
• Discuss personal safety (see Safety Planning) and create a plan she thinks is workable
• Prepare an excuse/reason for her being with you in case someone sees her
• Establish if there is a family history of forced marriage, e.g. siblings forced to marry. Other indicators may include domestic abuse, self-harm, family disputes, unreasonable restrictions (e.g. withdrawal from education or 'house arrest') or missing persons within the family
• Advise her not to travel overseas. Discuss the difficulties she may face (see When a forced marriage takes place overseas)
• Tell her that if she does have to travel, to use her British passport if she has dual nationality, and to give someone she trusts as many details as possible about her journey plans (and photocopies of passport and birth certificate if possible)
• Identify any potential criminal offences against her and refer to the police if appropriate
• Give her advice on what service/support she and any children should expect and from whom
• Ensure that she has the contact details for the lead worker/agency
• Keep a full record of decisions made and reasons
• Ensure any record is strictly confidential and, preferably, only available to named members of staff
• Consider making an application for a Forced Marriage Protection Order (FMPO) or other protective order (see section 10)
• Refer her, with consent, to support services such as Women's Aid/Rape Crisis (see section 21)
• Reassure her that whatever she decides to do, she can come back to you at any time for assistance

Remember:

If the person is lesbian, gay, bisexual or transgender (LGBT), refer to appropriate support groups (see section 21).

British Embassies and High Commissions can only help British nationals or, in certain circumstances EU or Commonwealth nationals. This means that if a non-British national leaves the UK to be forced into marriage overseas, the British Embassy or High Commission cannot assist them.

Contact the FMU if you know or suspect that a victim has been, or is being taken out of Scotland or abroad. In certain circumstances, it may be possible for them to alert the police and authorities at points of departure so that the victim and those accompanying them can be detained and prevented from leaving the UK (see below).

Under Part 1 of the Children (Scotland) Act 1995, a person with parental responsibilities and rights (PRRs) for a child may generally exercise those rights without the consent of other people with PRRs. There is an exception about taking a child outside the UK.

Section 2(3) says that no person shall be entitled to remove a child habitually resident in Scotland from, or to retain any such child outwith the UK, without the consent of a person who, for the time being, has and is exercising for the child either of the following parental rights:

• The right to have the child living with them or otherwise to regulate the child's residence
• The right, if the child is not living with them, to maintain personal relations and direct contact with the child on a regular basis

If in doubt, ask the Forced Marriage Unit for advice (see section 2).

8. Checklist: information required for all cases

Ideally, information should be gathered by a police officer or lead officer for forced marriage. However, in an emergency (for example if a victim is going overseas imminently), any practitioner may have to gather as much information as possible from the victim.

You may not be able to get all of the information listed below. Try to get as much relevant information as possible and remember that the priority should always be the safety of the victim.

All information should be stored in accordance with child protection and adult support and protection policies and procedures and consistent with record management procedures.

If the report is made by a third party, record their name, contact details and stated relationship to the woman.

See also good practice in information storing and sharing at sections Effective inter-agency working and information sharing and Keeping Records.

Information to gather:

• Date of report
• Name of person under threat
• Nationality
• Age
• Date and place of birth
• Legal status: marital, immigration
• Passport details
• School details
• Employment details
• Full details of the allegation
• Name and address of parents or those with parental responsibility
• National Insurance number
• Driving licence number
• Names of friends and family who can be trusted and their contact details
• Names and ages of the woman's children, if any, and passport details (do they have their own or are they on their parents')
• Background information including schools attended (children), involvement with adult or child protection, GP or other health services
• Full details of the allegation
• Names and addresses of fiancé, spouse, parents
• Details of any threats, abuse or other hostile action against the person
• A recent photograph and any other identifying documents
• Note of any distinguishing features such as birthmarks and tattoos
• Establish the nature and level of risk to the safety (for example is she pregnant? Does she have a secret boyfriend or girlfriend? Is she already secretly married?)
• Establish if there are any other family members at risk of forced marriage or if there is a family history of forced marriage and abuse
• Any significant medical issues to be taken account of or additional needs

Agree

• Code word to ensure you are speaking to the right person if you phone
• How to contact them safely

If the woman is going overseas imminently

If the woman fears she will be forced into marriage, you should gather as much of the following information as possible in order to locate her:

• Her full name and date of birth
• A photocopy of her passport. Encourage her to note down her passport number and the place and date of issue. She may have two passports so try to find out which one she is travelling on. Depending on her age, she may be listed on her parents' foreign passport
• As much information as possible about the family (to be gathered discreetly) including:
  • Her father's name
  • Intended destination and any addresses where she may be staying overseas
  • When she is leaving and how (plane, train, car, ferry ports)
  • Potential spouse's name (if known)
  • The name of the potential spouse's father
  • Date of the proposed wedding
  • Names, addresses/phone numbers of extended family in the UK and overseas who may be directly or indirectly involved in helping the family with the forced marriage
• Information that only she is likely to know (to assist potential Embassy/British High Commission interview in case another person is produced pretending to be them)
  • Details of any travel plans and people likely to accompany her
  • Names and addresses of any close relatives remaining in the UK
• A safe means to contact her e.g. a secret mobile telephone which will work overseas. Record the number
• Details of any supportive third party whom the woman might contact whilst overseas or on her return
• An estimated return date. Ask her to contact you on return
• A written statement (in English or certified translation) from her explaining that she wants the police or others to act on her behalf if she does not return by a certain date
• Flight details, there and back
• Details of where she thinks she will be staying even if it is only the general area

Give the woman:

• Details of the nearest Embassy/British High Commission (can she memorise the number?)
• The phone number of the Forced Marriage Unit (can she memorise it?)
• Information about the implications of dual nationality (see Dual Nationality) (note: advise her to travel on her British passport if possible)
• Details of the department and practitioner who is handling her case

Also advise her to take emergency cash if she can, in the local currency and in hard currency (pounds, dollars, euros) in case problems arise in the country of destination.

Remember:

If the family is approached, they may deny that the woman is being forced to marry, move her elsewhere, expedite any travel arrangements and bring forward the forced marriage.

British Embassies and High Commissions can only help British nationals or, in certain circumstances EU or Commonwealth nationals. This means that if a non-British national leaves the UK to be forced into marriage overseas, the British Embassy or High Commission will not be able to assist them.

If they are not a British national, contact or advise the woman to contact the Forced Marriage Unit (section 2). The FMU can provide details of reliable non-governmental organisations overseas and the details of the embassy of their own nationality.