Forced Marriage Practitioner Guidance - update 2014

Section 4: Service-specific information

'A woman's right to choose a spouse and enter freely into marriage is central to her life and her dignity and equality as a human being.' General Recommendation No.21, Comment Article 16 (1) (b), UN Convention on the Elimination of All Forms of Discrimination Against Women

15: Guidelines for health workers

16. Guidelines for school, college and university staff

17. Guidelines for police officers

18. Guidelines for children and families social workers

19. Guidelines for adult support and protection staff

20. Guidelines for local authority housing and homelessness staff

15. Guidelines for health workers^[64]

First, read the Key practice messages.

See also section 2: information for all practitioners.

S came to the UK from Sudan following a forced marriage. When she arrived, she was prevented from leaving the house, discouraged from learning English and subjected to appalling abuse from her husband and extended family. One time after her husband had beaten her, she went to hospital and her husband went with her. Fortunately, the consultant she saw spoke her language. He asked the husband to leave but he refused. The consultant manufactured a reason for S to accompany him to another room to use a piece of equipment. He asked S if she was OK and she told him everything. In the middle of a busy clinic, he dropped everything, and phoned the police and social work. They collected her from the hospital and found her a place in a refuge. S believes the consultant saved her life.

Background

Most women experiencing abuse will, at some point, use health services for themselves or their children.

As a health worker, therefore, you are in an ideal position to support women who are in, or are threatened with, a forced marriage. The weight of cultural expectations, fear of bringing dishonour to the family, along with the social ostracism, harassment and violence which may ensue make it very difficult for them to come forward. For example, women may present to:

• Accident and emergency (A&E) departments, Genito-Urinary Medicine (GUM) or sexual health clinics with injuries consistent with rape or sexual violence or physical injury
• Dental surgeries with facial injuries consistent with domestic abuse
• Mental health services, addictions services, school nurses, health visitors, GPs with issues such as depression; self-harm; anorexia; substance misuse; or attempted suicide
• Maternity services and reproductive care as a result of forced pregnancy or miscarriage

Health consequences of forced marriage

The health consequences are considerable and can include physical, emotional and psychological harm, which can be chronic, acute and long-term. Isolation is common. Women may be removed from education or from their social circle, be forbidden to work, or prevented from going out alone. As a result, they may be depressed, anxious and may self-harm. Studies have shown a significantly higher level of self-harm in young Asian women, some of which is attributed to lack of self-determination and the weight of expectations surrounding the concept of honour and concerns about marriage. There are reports of women committing suicide. Substance misuse, eating disorders, early and unwanted pregnancies are also common.

Identifying forced marriage

Women may present to health professionals with many of the same problems evident in women experiencing domestic abuse. This includes unexplained injuries, chronic pain, mental health problems such as depression, anxiety, eating disorders, self-harm, difficulties in pregnancy and so on. Being aware of the indicators and understanding the dynamics of domestic abuse can help you identify possible cases of forced marriage.

The NHS Scotland programme to implement routine enquiry^[65] of domestic abuse across mental health, maternity, addictions, A&E, community nursing and sexual and reproductive health services may make disclosures of abuse more frequent but may not reveal forced marriage unless you ask a woman about her family life and whether there are restrictions at home. For example, asking whether she has friends or family who support her or whether she gets out much. See below for more on asking about abuse.

Other warning signs may include:

• A family history of older siblings marrying early. In these cases, their parents may think it is their duty to ensure that children are married soon after puberty in order to protect them from sex outside marriage
• Withdrawal from education, or for women with physical or learning disabilities, withdrawal from their social networks or day care
• A young woman being taken to the doctor to be examined to see if she is a virgin
• Possible presentation of symptoms associated with poisoning
• Less commonly, hair cut or shaved as punishment

How health workers can make a difference

In all cases you can improve women's safety and health by:

• Displaying information about forced marriage and details of helplines and organisations such as Women's Aid (this could be in private places, such as women's toilets)
• Being aware of the possibility of abuse
• Recognising signs and symptoms
• Broaching the subject sensitively
• Listening and making time
• Giving information and referring on to other services

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

• 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
• Under no circumstances should a family member, friend or community leader be used to interpret, even if they provide assurances
• Treat her with respect and dignity. Understand the grave risks she may face in talking about abuse
• Recognise that she may fear contact with statutory agencies - she may have been told that she will be deported and/or that her children will be taken from her

Asking about abuse: routine and opportunistic enquiries

You should take a proactive role to establish whether forced marriage is an issue.

NHS Scotland has introduced routine enquiry into abuse within key settings. More information on this and how to ask about abuse is available at www.gbv.scot.nhs.uk and from your NHS Board's gender-based violence lead.

Asking, routinely or opportunistically, may encourage a woman to disclose. But even if she does not disclose, it shows that you understand the issues and it may give her confidence to disclose at a later date.

It is important that you set the context before asking such questions (see section 5) and that your practice is consistent with routine enquiry above.

Suggested questions to ask are:

• 'Have you ever been afraid of your partner's or a family member's behaviour?'
• 'Are they verbally abusive?'
• 'Do you ever feel unsafe at home?'
• 'Has your partner or anyone else at home threatened you?'

Follow-on questions are:

• 'Have you ever been hurt by your partner or anyone else at home - perhaps slapped, kicked, punched or treated badly?'
• 'Have you ever been forced to have sex when you didn't want to?'

You can tailor these questions for relevance to your setting. For example, in a child and adolescent mental health setting, or any department where children and young people attend, the questions could focus on the family relationship. For example:

• 'Do you get on with your parents?'
• 'Apart from school, do you get out much?'
• 'Do you get to choose what you want to do and when, such as seeing friends?'

Depending on the answer, you could ask more in-depth questions, for example about gender roles, about the marriage of older siblings and the circumstances of these.

Your response

For a woman already in a forced marriage:

• Assess the impact on her health and ensure she receives appropriate treatment
• Assess her safety - is there an immediate or future safety risk?
• Discuss the options available to her (see Explaining options) and ensure she can get information in a language and format suitable to her needs
• Go over a safety plan with her (see section 6)
• Check her immigration status to assess the help available (see section 14). If she is from overseas, leaving the marriage and applying to remain in the UK is complicated, and requires professional immigration advice. Refer to legal services which can help (see section 14)
• If she wishes, refer her to a support agency such as Women's Aid. Shakti and Hemat Gryffe Women's Aid have particular experience in this area (see section 21)
• Give her information about support agencies including the Domestic Abuse Helpline 0800 027 1234 (can she memorise this?)
• Refer her to the Forced Marriage Unit (see section 2) for specialist help and support
• Depending on the degree of freedom she has, it may not be possible for her to contact these services on her own or to follow aspects of the safety plan
• Discuss this with her and whether she needs more assistance to contact other agencies
• Is she is in immediate danger - would an admission to hospital help to allow contact to be made with other agencies? Does she want you to contact the police?
• Offer her a further appointment. A health appointment may be one of the few occasions where she is allowed out of the house and having an appointment card can give her a legitimate excuse. This may provide the opportunity for getting further help
• Always document any disclosure, actions and follow up in patient notes but never in hand held records

If a woman is at risk of forced marriage

If you suspect, or are told by a woman, that she is being forced into marriage, try to establish the facts and the level of response required. Remember that she has limited options (see Explaining options).

Actions to take

There are some actions you should take and some you should avoid.

See section 8 for actions to take.

Do not:

• Involve her family - this can jeopardise her safety. They may punish her for seeking help; deny that she is being forced to marry; expedite any travel arrangements; and bring forward the marriage
• Visit the family to ask them whether they are intending to force a marriage or write to the family asking to discuss the allegation
• Use relatives, friends, community leaders and neighbours as interpreters, despite any reassurances from them
• Contact an Embassy or High Commission without her consent. She may not wish her country of origin to know of her whereabouts

If a woman is going overseas imminently

• If there is no opportunity to refer a woman to other services, and she fears she will be forced into marriage, gather as much information as possible in order to locate her (see section 8)
• Make sure she is aware of the implications of dual nationality (see Dual nationality)
• Confirm that she has the details of the nearest Embassy/British High Commission and the Forced Marriage Unit (see Section 2)

Child protection

If you are concerned for the safety of a young person under 16, or she discloses that she is being forced into marriage, or is concerned that this might be the case, you should discuss this with your child protection adviser and activate local child protection procedures. Similarly, if a woman discloses forced marriage you should ensure that your risk assessment includes risks to any children within the family.

Adult support and protection

While forced marriage is commonly an issue for young women, there have been reports of both disabled female and male adults being forced to marry (see section 19). In such circumstances, you should consider whether they are 'unable to safeguard their own interests through disability, mental disorder, illness or physical or mental infirmity, and are at risk of harm or self-harm, including neglect' as defined by the Adult Support and Protection (Scotland) Act 2007. For a victim who is incapable of consenting to marriage by reason of^[66] mental disorder, the 2014 Act states that an offence is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form of coercion).

You should refer to local procedures and protocols on protecting adults and seek advice from your adult protection lead on whether more directive intervention is necessary.

Legal protection for victims

See section 3 for more information.

Two young women from an Asian community were referred by a local college to a health care team. The two women made it clear that contact could only be made at college and the nurses could never come to their homes. The women were very concerned that their families were planning to force them to marry overseas. On enquiry, both women said that they believed they would be drugged/sedated to the point where they would be incoherent in speech but be able to walk/mobile. They said that, in such circumstances, women were commonly 'circled by families within their families (groups of five or six women) and physically guided and led through airport security'. Both women had learning disabilities and both indicated that they did not want to leave Scotland or be married. The nurses contacted a specialist support agency with the consent of both women. A contact was established by the agency and the women. However, when the nursing staff next arranged to meet with the women at the college, the women were not there and had dropped out of college. The nurses were unable to contact either party at their home address.

Documenting and recording

Keep accurate and detailed records if forced marriage has occurred, or is threatened (see Keeping records).

Record the following:

• Nature of abuse, with details of any injuries and symptoms
• What the woman says and not what you think, although it is important to note any concerns or suspicions
• Outcome of risk assessment
• Any action taken or advised
• Information (as above) if there are concerns that a woman may be taken overseas or may 'disappear'

Evidence

The information you record may be evidence, for example in a future court case or to help her apply for the domestic violence concession (see section 14). A health professional can help her by providing evidence in the form of:

• A medical report from a hospital doctor confirming that she has injuries consistent with being a victim of domestic abuse
• A letter from a GP who has examined her and is satisfied that she has injuries consistent with assault/her version of events

Sharing information

• You may need to share information about a particular case. It may be required by law or it may be necessary to share information with support agencies to make sure that a woman and any children are safe and properly supported. 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. See section 5 for further information on data protection, information sharing and the Named Person
• Get the woman's permission before you pass on information and seek advice if you are in any doubt. However, in cases where there are concerns for a child under child protection guidelines or adult under adult support and protection guidelines, this would override the need for consent
• It may be safer to share information than keep it confidential. However, in making this decision you should fully consider the risks of sharing as opposed to not sharing, and evaluate the implications of that decision
• Be careful not to divulge confidential information by accident, for example, if you are approached by a family friend or someone with standing in the community (such as an MSP, MP or councillor) with a plausible reason for knowing where the woman is staying

Follow up

Your intervention will depend on the setting you work in. You may only see the woman once, for example, in an emergency setting. If possible, it is helpful to offer a follow up appointment. Record that the reason for this appointment is specific, and ensure your manager knows you have concerns. Always consider the woman's safety and how any approach you make might affect this (see section 6).

16. Guidelines for school, college and university staff

This chapter focuses on responding to young people (including those over 18) in educational settings. The specific actions you take will depend on the particular circumstances of the case and whether you work in a school, FE college, university or other formal or informal education setting. The term 'young person' in this section refers to school pupils and college/university students.

First, read the Key practice messages.

See also section 2: information for all practitioners.

Background

Young women who are, or fear they may be, forced to marry are frequently withdrawn from education, restricting their educational and personal development. They may feel unable to go against the wishes of their parents and, consequently, may suffer emotionally, often leading to depression and self-harm. These factors can contribute to impaired social development, limited career and educational opportunities, financial dependence and lifestyle restrictions.

X was 17 when she told her school guidance teacher that she was to be forced into marriage overseas following a visit to her family there. While with her family overseas she had agreed to be married, but when she got back to Scotland she changed her mind. A Sikh, she was secretly conducting a relationship (mainly over the internet) with a Sikh man she had met through family but who lived elsewhere in the UK. Her parents found out about the relationship and confronted her. They held her at home, subjecting her to verbal and physical abuse until she consented to the overseas marriage. Her guidance teacher, Shakti Women's Aid, social work and the police worked closely together. A subsequent police investigation resulted in the parents being charged with assault, breach of the peace and threats. This is an example of the effectiveness of the Named Person approach (see School context).

Identifying forced marriage

Young people who fear they may be forced to marry often come to the attention of, or turn to, a teacher, lecturer or other member of staff before seeking help from the police or others. Sometimes their friends tell staff.

You may notice the following:

• A young person appears anxious, depressed and emotionally withdrawn with low self-esteem. She may have mental health or eating disorders or be self-harming. Sometimes, young people come to the attention of the police because of shoplifting or taking drugs or alcohol. These issues may be more apparent in periods leading up to the holiday season
• Sudden decline in a young person's performance, aspirations or motivation. They may feel studying is pointless if they are to be forced to marry and unable to continue with their education
• Change in dress, that is from wearing western clothes to 'traditional' style clothes or even covering the head
• Coming to school/college but not attending lessons. She may be living in virtual imprisonment, subject to excessive restrictions and control at home. She may not be allowed to attend any extra-curricular or after school activities and may be accompanied to and from school/college, and even during lunch breaks. So, being in school may be the only 'free' time she has for the usual adolescent activities that her peers pursue at weekends with their friends
• She may stop coming to school/college. Some young women have been locked inside and not allowed to communicate with anyone outside
• Her punctuality may decline, especially past compulsory education age, which may be the result of having to 'negotiate' her way out of the house. Young women may be given very little time to get to school so they do not have time to meet a boyfriend or talk to friends. Sometimes, older siblings (usually brothers) and cousins keep a close eye on girls to make sure that they do not meet anyone or talk to friends
• Homework/assignments may be incomplete or appear rushed. This may be the result of being actively discouraged by family members. They may do their work late at night, which frequently shows in class through lethargy, inability to concentrate and general appearance of tiredness
• Conflict between the young person and her parents about being allowed to continue with education or exam commitments
• Family arguments about whether the young person can apply to go to college or university, and the distance of the college or university from the family home
• Family history of older siblings leaving education early and marrying early. Some families think it is their duty to ensure that children are married soon after puberty in order to protect them from sex outside marriage. In these cases, there may be a history of considerable absence authorised by the young person's parents. These absences may be for sickness, or extended family holidays overseas often interrupting the school term

A large proportion of forced marriages occur during the summer holidays. Young people may be taken abroad on what they think is a holiday to visit family overseas, but, in fact a marriage is planned.

Signs to look out for around holiday times

• Young person anxious about or fearing holidays
• Surveillance of young person by siblings or cousins at school or being met at the end of the day
• Young person discouraged or prevented from going on to college or university
• Persistent absence; requests for extended leave
• Decline in behaviour, performance or punctuality
• Not being allowed to attend extra-curricular activities
• Sudden announcement of engagement to a stranger

Note

Some of the above indicators (for example anxiety around holiday times and significant levels of surveillance from family members) might be associated with families arranging for young women to be circumcised in the UK or overseas ('female genital mutilation' (FGM or 'cutting'). This is against the law (see Warning signs and indicators).

How education staff can make a difference

See also school context below and college/university context below.

You can play a crucial role in identifying and protecting young people at risk of forced marriage and you should be vigilant, especially in the run up to the summer holidays. If the warning signs are picked up early enough, you may be able to intervene to prevent a forced marriage from happening. But you need to know how to handle the situation in order to avoid putting the victim at further risk.

While it is important to understand the motives that drive families to force young people to marry (see Motives for forced marriage), there is no justification for denying young people the right to choose a partner and enter freely into marriage.

Young people at risk of forced marriage need a sensitive and urgent response. You should reassure any young person in this situation that your establishment will provide as much support as possible. Because of the very serious risks to victims, you may have to vary your standard practice in involving families and respecting 'parents' rights'. This is a challenge. Refer to your inter-agency child protection guidance and local authority lead for forced marriage.

C was always able and keen at school but, when she was 15, turning 16, her behaviour and attitude changed and deteriorated further as the summer holidays approached. She missed several exams and, at the start of the autumn term, she did not turn up at school at all. One of her friends told her guidance teacher that she feared a possible forced marriage, and that C had been left overseas by her family. The school contacted the police and social work who also contacted the Forced Marriage Unit. C was finally located and repatriated to the UK. She had to re-sit her exams the following year but is doing well and living in foster care.

Confidentiality and information sharing

Victims or potential victims of forced marriage who disclose may be exposing themselves to serious harm and even death. You must ensure highest standards of confidentiality (according to your service protocols specifically on forced marriage) and explain any limits to confidentiality (for example, if there is a risk of immediate harm).

Any disclosure of information, should, ideally, be with consent. The victim should be involved in the decision-making process and retain as much control as possible over disclosures of information.

The victim's private business should be treated with absolute discretion, and any information passed on a 'need to know' basis (see Confidentiality and information sharing), for example to the police for an investigation and any records should be stored securely with restricted access. Remember that family networks may extend into your place of work.

Documenting and recording

See Keeping records

Records must be kept secure in accordance with the Data Protection Act (see Sharing personal information). Members of the victim's family or community may work in your establishment.

Remember:

• A young person may not wish to be referred to a social worker, police officer or other professional from their own community or who has a personal connection to their community
• You must not contact the family or other community members as this may endanger the young person and expedite any marriage arrangements
• You must not give information to a third party such as a family member or other professional such as a GP, MSP, MP or councillor, no matter how plausible or well intentioned they are
• You or the young person can contact the Forced Marriage Unit for advice or assistance at any time
• There are services which can help young people in these circumstances (see Chapter 5)

Legal protection for victims

See Chapter 3 for more information.

School context

All teachers have a remit to ensure the wellbeing of children and young people in education. See more on education and the links to health and wellbeing at: www.educationscotland.gov.uk/resources/m/makingthelinks.asp

Getting it right for every child and young person (GIRFEC)^[67] is a national programme which aims to improve the wellbeing of all children and young people.

• Through national and local policy and services, the GIRFEC approach:
• Puts the best interests of the child at the heart of decision making
• Takes a holistic approach to the wellbeing of a child
• Works with children, young people and their families on ways to improve wellbeing
• Advocates preventative work and early intervention to support children, young people and their families
• Believes professionals must work together in the best interests of the child

The approach requires a lead professional who co-ordinates multi-agency planning and makes sure that the different services provide a network of support around a child in a seamless, timely and proportionate way.

All children have a Named Person in health or education (if they are of school age) who is responsible for making sure that a child has the right help at the right time to support their development and wellbeing. Teachers are, therefore, key to the Named Person response central to the Getting it right approach. Getting it right for every child practice briefing 3^[68] provides information on identifying concerns and responding using the GIRFEC approach.

The Children and Young People (Scotland) Act 2014 is rooted in the GIRFEC approach, and puts various key initiatives into statute, including the Named Person and the single 'Child's Plan'. Other Scottish Government initiatives underpinned by GIRFEC principles include the Children's Hearing system; the Early Years Collaborative; Early and Effective Intervention/Whole Systems; and the Family Nurse Partnership.

Under Curriculum for Excellence^[69], teachers are responsible for promoting a climate in which children and young people feel safe and secure and for encouraging open, positive, supportive relationships across the school community, so that children and young people feel that they are listened to, and are secure in their ability to discuss sensitive aspects of their lives. Teachers also have a role in equipping children with the knowledge, skills and understanding they need to keep themselves and others safe. This could include offering advice and guidance on issues such as forced marriage. Other responsibilities include understanding child protection policies and knowing the steps to take in any given situation.

The Named Person under the Children and Young People (Scotland) Act 2014 is usually the responsibility of education departments for children of school age.

The needs of all young people attending school should also be considered within the framework of the Education (Additional Support for Learning) (Scotland) Act 2004 (amended 2009)^[70]. Staff in all establishments and services should consider whether or not any young person who is, or fears they may be, forced to marry has additional support needs related to their education and plan to meet these in line with child protection guidance.

The needs of young people with a disability who are in education should be considered. A young person who lacks the capacity to consent to a marriage is particularly at risk. If a young person 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. This does not mean that every young person with a disability is at risk; rather it is a possible risk factor.

Included, Engaged and Involved: Part 1 Attendance in Scottish Schools^[71] encourages school staff to consider the circumstances which may lead to a change in a pupil's pattern of attendance and behaviour. You should be aware of the link between changed behaviour and pastoral and child protection concerns and consider these holistically. You should address changed behaviour, low-level or serious, or child protection concerns, such as self-harm using the behavioural or child protection measures set out in your school and local authority policy.

The National Guidance for Child Protection in Scotland (2014)^[72] states that education practitioners, school staff and staff in other learning settings play a crucial role in supporting and protecting children as well as developing their well-being. Teachers are likely to have the greatest level of day-to-day contact with children and so are well placed to observe physical and psychological changes in a child, which could indicate abuse, and to contribute to the assessment of vulnerable children. Education staff should share information about any concerns with the social work service or the police at an early stage using your established reporting mechanisms. You may also be asked to help with investigations into alleged or suspected abuse or neglect. Children and young people often see teachers as a trusted source of help and support, and if the concerns do not constitute a child protection concern, the teacher may have a supporting role in developing a Child's Plan.

Education services work with a range of partner agencies, including youth work and community learning and development to provide services and support to meet the needs of a child or young person. Education staff can support a child through ongoing planning and interventions, including participation in Child Protection Case Conferences and core groups.

Your response

Teaching staff have an important role in prevention work and creating an inclusive environment where young people feel comfortable and safe to discuss issues. Depending on your area of the curriculum or responsibility, forced marriage and wider issues of violence against women and gender-based violence could be introduced for example, in relationships, sexual health and parenthood (RSHP) education, Drama and English.

You are also in an ideal position to identify and respond to a victim's needs at an early stage. It is important that you do so without creating additional risks. These are explained in Chapter 5.

You must be honest with young people who approach you and tell them about the limits to confidentiality. Some young people will not know of your responsibilities to act if there is any risk of harm and may simply be looking for 'someone to talk to'. You must tell the pupil this outright and as close to the start of the conversation as possible.

Using the Getting it right approach, you should follow your organisation's policies and protocols, for example for child protection, adult protection, absence from school and so on. Be aware of the particular risks to victims associated with forced marriage and ensure that the young person's safety is the over-riding factor. This means that it is not appropriate to engage with the family or wider community about your concerns. This could place a young person in further danger and expedite any arrangements.

For young people who are 16 years or older and still at school, there are issues about their rights as 'adults' and the level of risk to their life or wellbeing. There are various options for young people in these circumstances (see Chapter 3) and they should be given as much control as possible. Whatever they decide to do (and this includes doing nothing) they may require support over the very long term. For example, leaving home and family because of forced marriage is a very hard decision which may have significant and enduring consequences.

If a young person asks you for help

• Explain to the young person that forced marriage is not legal (see Chapter 3) and that there are agencies which can help (see section 21)
• Explain that there are legal remedies available to support young people in this situation (see Chapter 3)
• Refer immediately to your school/local authority procedures
• Depending on the situation, the level of concern may be such that it becomes a child protection or adult protection issue and you should follow the appropriate procedures
• Seek advice from your line manager/the local authority lead officer for forced marriage
• Record all steps you have taken

If a young person stops attending school or does not return from a 'holiday'

If a young person stops attending school, it is vital that schools deal with non-attendance sensitively in order to minimise risks. You should refer immediately to children missing from education protocols within your local authority.

If you suspect/are concerned that a young person may be forced to marry

• Refer to your school/local authority procedures
• Seek advice from the local authority lead officer for forced marriage
• Discuss with the Named Person (Getting it right)
• Record all steps you have taken

If the young person is going overseas imminently

• Note down any information you can (see section 9). There may not be another opportunity if she goes overseas. This information may help the Forced Marriage Unit to locate the young person and assist to repatriate them
• Seek advice from the local authority lead officer for forced marriage
• Record all steps you have taken

If a young person has already been forced to marry

• Refer to your school/local authority child protection procedures
• Seek advice from the local authority lead officer for forced marriage
• Record all steps you have taken

Safety alert

• Treat what a young person tells you very seriously - they may need immediate protection
• Do not approach the young person's family or those with influence within the community, without the express consent of the young person, as this will alert them to your concerns and may place the young person in danger
• Do not attempt to mediate with the family as this is dangerous

College and university context

Your approach may differ according to the specific circumstances of the case, for example whether it involves a British national in danger of forced marriage or a student from overseas coming to a UK university who is in danger of forced marriage back home or in the UK.

Note that it is illegal to give immigration advice unless you are authorised to do so (see section 14). If immigration advice is required you should refer to an authorised adviser.

If a student approaches you for help:

• Explain possible options to the victim (see Explaining options)
• Provide information about sources of help and support (see section 21) and make a referral for the victim if she wants this
• Explain that there are legal remedies available to support young people in this situation (see Chapter 3)
• If you need information or advice, contact the Forced Marriage Unit (see section 2)

If she is going overseas imminently or you are concerned that she may be forced to marry:

• Try to gather as much information as possible (see section 9). There may not be another opportunity if she goes overseas. This information may help the Forced Marriage Unit to locate the young person and assist to repatriate them
• Follow the 'one chance' steps set out in One Chance Checklist
• If she is a British national, give her the contact details of the nearest British Embassy or High Commission to where she is going (see section 21)
• If she has dual nationality, advise her to travel on her British passport if possible (see Dual nationality)
• Advise her to leave photocopies of her passport and birth certificate with a trusted friend or agency
• If she is not a British national, advise her to contact the Forced Marriage Unit (see section 2). It may be able to provide details of reliable non-governmental organisations overseas and the details of the relevant embassy
• Explain the difficulties that she may face when overseas (see When a forced marriage takes place overseas)
• Explain the options available to her (see Explaining options)

Safety alert

If a friend is involved in helping her, also consider the risks to this friend and talk this through with them.

17. Guidelines for police officers

First, read the Key practice messages.

See also Chapter 2: information for all practitioners.

Police response to forced marriage incidents

Police Scotland treats all incidents of forced marriage as high priority.

The primary objective of the police is to protect the individual involved and prevent any future risk of harm to the victim/potential victim.

Every report of forced marriage receives a consistent response. The police thoroughly investigate every report of forced marriage, and offer every person (adult or child) who is a victim/potential victim protection, safety advice and referral to a relevant support service.

The immediate response to a report of forced marriage is key to protecting victims and children. All police officers and police staff realise that such incidents may come to the attention of the police in various ways and guises.

Action to take

You should complete the Honour Based Violence (including Forced Marriage) Risk Assessment and Protection Plan form at the earliest opportunity.

You must not attempt to mediate or reconcile in such situations as they may unwittingly increase an individual's vulnerability and place them in danger.

You should not approach community or religious leaders or the individual's family for assistance.

If the victim/potential victim is a `child`, you must adhere to local child protection procedures or guidelines and liaise closely with social work departments and the Children's Reporter over protective statutory interventions. Officers should refer to the Police Scotland Child Protection Standard Operating Procedure for further instruction/guidance.

If the victim/potential victim may be the subject of an adult protection concern, officers should refer to the Police Scotland Adult Support and Protection Standard Operating Procedure for further instruction/guidance.

The Detective Superintendent within Specialist Crime Division Public Protection is the strategic lead for forced marriage. The national HBV coordinator within Public Protection supports this role.

Divisional Domestic Abuse and Public Protection Unit officers have specialist knowledge of forced marriage and are responsible for investigating reported cases.

Officers should refer to the Honour Based Violence, Forced Marriage and Female Genital Mutilation Standard Operating Procedure and the Joint Guidance between the Police Service of Scotland and COPFS on the Investigation, Reporting and Prosecution of Offences of Forced Marriage.

Further guidance on forced marriage is available on the Police Scotland intranet.

18. Guidelines for children and families social workers

This chapter focuses on children who are in or at risk of forced marriage. The specific actions you take will depend on the particular circumstances of the case.

First, read the Key practice messages.

See also Chapter 2: information for all practitioners.

When R, a British national, was 10, her father breached a court order and, without her mother's permission, took her and her four siblings to Pakistan. She pleaded with her father to be allowed to return home but he refused to let her and told her she was engaged to her cousin. He also told her that her mother didn't want her back in the UK. Finally, when she was 15, she managed to contact her mother using a secret mobile phone and asked her mother to help her. Things got worse after that. Her mobile phone was found and confiscated. Her father beat her because she had 'looked at a boy'. Then she was told she was going to Afghanistan to meet her prospective husband. She managed to get a message to her mother who contacted the Forced Marriage Unit. In the UK, court orders were obtained against her father. She was rescued from her father's home by the British High Commission and returned to her mother in the UK.

During the five years in Pakistan, she was regularly beaten. She had also been confined to the house and not allowed to go to school. She is still frightened that her father will come for her but she is now getting her life back on track. Her two older brothers and sister were not so 'lucky' and were forced to marry at 15 or 16.

Background

The consequences of forced marriage can be devastating to children and young people affected. They may be subject to extreme abuse and 'honour-based' violence if they resist their families. They may become estranged from their families and wider communities and lose out on educational opportunities. Rates of suicide and self-harm are high.

How social workers can make a difference

The National Child Protection Guidelines (2014)^[73] state:

'Local authorities have a duty to support and safeguard the wellbeing of children in need in their area, including disabled children, and, insofar as is consistent with that duty, to promote the upbringing of children by their families by providing a range and level of services appropriate to children's needs. When the local authority receives information which suggests that a child may be in need of compulsory measures of supervision, social work services will make enquiries and give the Children's Reporter any information they have about the child.'

The Scottish Government Role of the Registered Social Worker in Statutory Interventions: Guidance for Local Authorities 2010 states that, 'where children are in need of protection and/or in danger of serious exploitation or significant harm, a registered social worker will be accountable for:

• Carrying out enquiries and making recommendations where necessary as to whether or not the child or young person should be the subject of compulsory protection measures
• Implementing the social work component of a risk management plan and taking appropriate action where there is concern that a multi-agency plan is not being actioned and
• Making recommendations to a children's hearing or court as to whether the child should be accommodated away from home'

Identifying forced marriage

Indicators which might alert you that a young person is facing forced marriage include:

Education

• Absence and persistent absence from education
• Request for extended leave of absence and failure to return from visits to country of origin
• Decline in behaviour, engagement, performance or punctuality
• Being withdrawn from school by those with parental responsibility
• Being prevented from attending extra-curricular activities
• Being discouraged or prevented from going on to further/higher education

Health

• Self-harm
• Attempted suicide
• Depression
• Eating disorders
• Accompanied to doctors or clinics and prevented from speaking to health practitioner in confidence
• Female genital mutilation

Police

• Reports of domestic abuse, harassment or breaches of the peace at the family home
• Threats to kill and attempts to kill or harm
• Truancy or persistent absence from school

Your response

You should be aware of the issues surrounding forced marriage, the dangers victims face and the help which can be offered to victims.

Under Section 22(1) of the Children (Scotland) Act 1995^[74], the local authority has a duty to safeguard and promote the welfare of children in need in its area, and, as far as is consistent with that duty, to promote the upbringing of such children by their families by providing a level of services appropriate to those children's needs.

Under Section 60 of the Children's Hearings (Scotland) Act 2011, the local authority has a duty to make enquiries into the circumstances of any child who may be in need of a compulsory supervision order and to refer the child to the Reporter if the inquiry indicates a compulsory supervision order may be necessary.

The local authority has a duty to make enquiries into allegations of abuse or neglect against a child under section 60 of the Children's Hearings (Scotland) Act 2011.

Forced marriage is child abuse and can put children and young people at risk of physical, emotional and sexual abuse. Although you need to be sensitive to cultural and racial differences, you have an overriding duty to identify children who are likely to suffer significant harm, and to invoke the necessary child protection procedures.

The personal safety of the child or young person must come first.

The National Guidance for Child Protection (2014)^[75] and the Getting it right^[76] approach will direct your work in ensuring that children and young people are safe and supported within a multi-agency approach. Getting it right Integrated Assessment Framework (paragraphs 93-94) should enable risk factors to be identified and shared to enable full assessment of risk. A child's planning meeting will enable a wide range of practitioners to provide information. The Named Person will play a vital part in this process.

Cases of honour-based violence/forced marriage can involve complex and sensitive issues, and you must take care to ensure that interventions do not place the child or young person in further danger. The usual procedures for including parents, where possible, in the child protection process need to be set aside and noted as inappropriate in the records because this could increase the risk to a child.

Each Child Protection Committee (CPC) has local inter-agency child protection policy, procedure, protocols and guidelines for helping children and young people who are facing abuse. Your social work department should have multi-agency policies and procedures on child protection and domestic abuse which include handling cases involving forced marriage. Your local authority also has a designated lead for forced marriage.

If there is any suggestion of risk of forced marriage, you should not mediate with or involve the family as this can place a child or young person in danger. This includes visiting or writing to the family to ask them about their intentions or discuss a child's allegations. Family group conferences are not appropriate.

Legal context and remedies

See Chapter 3 for more information.

There are various legal remedies available to protect a child or young person who is at risk of or in a forced marriage. These remedies vary according to the individual circumstances and whether the child or young person is in the UK or overseas, a British national or not. These are explained in full in Chapter 3.

Local authorities can make third party applications for Forced Marriage Protection Orders in their capacity as Relevant Third Parties (see Third party applications for forced Marriage Protection Orders).

When L's father found out about her boyfriend, he was so angry that he cut off her hair. He told her that having a boyfriend was against their culture. She would have to marry the man he chose and have a virginity test. L was so scared that she took an overdose. Fortunately she recovered in hospital.

Interpreting

See Interpreting.

Arrange for an authorised interpreter who speaks the dialect of the child or young person. If necessary, obtain consent from the child or young person through Language Line (see Interpreting). Check any preferences about the sex of the interpreter.

Confidentiality and information sharing

See Confidentiality and information sharing.

Recording and storing information

Safety alert

• Treat what a young person tells you very seriously - they may need immediate protection
• Do not approach the young person's family or those with influence within the community, without the express consent of the young person, as this will alert them to your concerns and may place the young person in danger
• Do not attempt to mediate with the family as this is dangerous

In all cases when a child is involved:

1. Refer to local inter-agency child protection procedures/guidance and implement local procedures. Do not involve the victim's family or community as this may cause additional risks
2. Refer to the national child protection guidelines^[77]
3. Gather information as carefully and discretely as possible (see section 9)
4. Refer to local and national child protection information sharing protocols
5. Seek advice from your local authority forced marriage lead officer and legal services department
6. Discuss the case with the Forced Marriage Unit (for professional immigration advice)
7. Always ensure the child or young person is dealt with in a culturally sensitive way and their wishes are recognised and respected

Do not:

• Go directly to the victim's family, friends or those with influence within the community, as this will alert them to the enquiries and may place the victim in further danger
• Make direct contact with the British Embassy, High Commission or overseas police without first liaising with the Forced Marriage Unit

If a child or young person fears they may be forced to marry

A child or young person may approach you directly because they are going on a 'family holiday' overseas and are concerned as they suspect that they are to be forced to marry. You should take any such concerns seriously. (But do not assume that every young person going on holiday overseas is at risk of forced marriage.)

If the risk of forced marriage is immediate, you may need to take emergency action to remove the child or young person from the home in order to protect them. You can take emergency measures under the Childrens Hearings (Scotland) Act 2011^[78].

If a third party reports that a child or young person has been taken overseas for the purpose of a forced marriage

A concerned friend, relative or practitioner may report that a child or young person is missing, taken overseas. Confidentiality and discretion are vitally important. Do not immediately contact an overseas organisation to make enquiries. If, through your actions, the family becomes aware that enquiries are being made, they may move the child or young person to another location or expedite the marriage.

• Follow actions 1 to 7 above and
• Check existing missing persons' reports
• Obtain details of, and maintain contact with, the third party in case the child or young person contacts them whilst overseas or on their return
• Reassure the third party that if the child or young person who is being held overseas is a British National and wishes to return to the UK, the Foreign & Commonwealth Office can try to repatriate them as soon as possible (see below).

Once a young person has left the country, the legal options open to police, social services, other agencies or another person to recover the young person and bring them back to the UK are limited.

Do not:

• Speak to the child or young person on the telephone in order to find out if they are being held against their will. They may not be able to speak freely, may be under threat and/or it may be another person (impersonator) on the telephone
• Disclose information to the overseas police or any other overseas organisation that could place the child or young person in further danger e.g. disclosure about previous/current boyfriends or partners in the UK

If a child or young person has already been forced to marry

This might come to your attention for various reasons. For example, a child or young person may approach you or the police because they are concerned that they may need to act as a sponsor for an overseas spouse's immigration to the UK. You should reassure the child or young person that they cannot act as a sponsor until they are 18. However, confronting the family may be extremely risky for the child or young person.

• See points 1 to 7 above and:
• Tell her about the support available to survivors of domestic abuse and forced marriage (see section 21) and refer if appropriate
• Provide immediate safety planning advice (including how to safely keep in contact)

If a child or young person is repatriated to the UK from overseas

The Forced Marriage Unit may ask social workers for assistance when a child or young person is being repatriated to the UK from overseas. The child or young person may be extremely traumatised. They may have been held against their will for many months. They may have been emotionally and physically abused. Young women may have been raped, sometimes repeatedly or until they become pregnant. They may have risked their life to escape and their family may go to considerable lengths to find them. This makes all victims particularly vulnerable when they return to the UK.

When a child or young person who is a British national arrives at, or contacts, a British Embassy or High Commission, the Foreign & Commonwealth Office can try to repatriate them as soon as possible. Because of the urgency of the situation, the Foreign & Commonwealth Office may not be able to give you much notice of the young person's arrival.

The Foreign & Commonwealth Office is obliged to explore all options for funding the cost of repatriation. For victims who are children or young people, this means asking the young person themselves, a trusted friend or children and family social work services or a school or college if they are able to meet the costs of repatriation. However, this should never delay the process of getting the child or young person to safety.

• Follow points 1 to 7 above and
• Arrange for someone to meet the child or young person at the airport e.g. a social worker, police officer
• Ensure that arrangements are put in place to ensure safe accommodation of a repatriated child or young person while legal remedies and action are considered

Remember:

• Arranging a foster family from the same community as the child or young person may not be appropriate and may place the child or young person at risk of harm
• A child or young person might wish, and you should in any case actively encourage them, to be fostered outside the immediate geographical area. You should liaise with colleagues to provide safe accommodation
• The child or young person may need practical help such as emergency money, clothes and toiletries. Under the Social Work (Scotland) Act 1968, the local authority may be required to make a payment for a child or young person in need, including the cost of accommodation. The local authority within which the child or young person had their last permanent residence should provide funding. For children under 18, access to accommodation depends on the circumstances of each case and applicable legislation

Safety alert

You may be placed under pressure from relatives, councillors, MSPs, MPs, and those with influence within the community to say where the young person has gone. Do not divulge this information. This may place the child or young person at risk of harm.

Family and community networks may extend into your own organisation. Be very careful about restricting access to information and records.

If a child spouse has come to the UK from overseas

A spouse who is a child or young person may come to the UK from overseas. They may have run away, may not speak English and may be traumatised as a result of physical, emotional and sexual abuse.

They may come to your attention through a domestic abuse, missing persons or child protection route.

A child or young person who is married (whether or not they are a British national) is entitled to support and should be regarded as an unaccompanied child. This means that the local authority has certain duties to provide support and accommodation for them.

• Follow points 1 to 7 above and
• Arrange for someone to meet the child or young person at the airport e.g. a social worker, police officer
• Organise safe and secure accommodation
• Pay particular attention to using interpreters for separated children and accessing specialist legal advice (see below)

Separated children are unaccompanied minors. Local authorities are responsible for assessing their needs and offering support. Separated children are often vulnerable because of their unaccompanied status and to their experiences in their home countries and during their journey to the UK. If child protection concerns arise, they should be addressed in the same way as if the child is a UK national.

Immigration and asylum issues relating to unaccompanied children are a highly specialised aspect of the legislative framework. The potential for exploitation and vulnerability is high and it is important that specialist legal advice is sought, even in situations that appear straightforward. There are complex and contested processes of age-testing that seek to clarify the ages of unaccompanied children arriving in this country without identifiable information and paperwork. The Scottish Refugee Council (see section 21) can provide initial support and information to help guide workers through these processes.

If the child or young person has a disability

• Follow points 1 to 7 above

Children and young people with mental and physical disabilities are sometimes forced to marry. Families may genuinely believe that finding a spouse to care for their disabled son/daughter is acceptable. They may try to hide, play down or make light of a child or young person's disability in order to encourage the marriage. Such young people are particularly vulnerable because they may depend on their families for care; and they may have communication difficulties and fewer opportunities to tell anyone outside the family about what is happening to them. For more information see the National Guidance for Child Protection in Scotland 2014: Additional notes for practitioners: protecting disabled children from abuse and neglect^[79].

Disabled children are defined as a child in need under section 93(4) of the Children (Scotland) Act 1995^[80].

19. Guidelines for adult support and protection staff

This chapter focuses on adults who, because of an illness, disability or health condition, are unable to protect themselves from harm. The specific actions you take will depend on the particular circumstances of the case.

First, read the Key practice messages.

See also Forced Marriage and Learning Disabilities: www.gov.uk/government/uploads/system/uploads/attachment_data/file/35533/fm-disability-guidelines.pdf

See also Chapter 2: information for all practitioners.

D is 35 and has a learning disability. The marriage came to the attention of social workers after it had taken place. He lives with his mother who is in her 80s and she told his social worker that she wanted him to marry a woman who was coming to visit them from abroad. D said that he did not want to get married but his mother told him that no-one else would look after him when she died. He was extremely anxious about being married as he worried about what being a husband entailed. D's wife came to the UK to marry him but did not know he had a learning disability and left him two weeks after the marriage. This has had a profound effect on D's self-esteem as he thinks it was his fault that the marriage was a failure. He has become very withdrawn and will no longer attend the day centre where he had a lot of friends. Social work is not aware of long-term plans for his care because D does not want to engage with them.

Background

Under Section 122(2)^[81] of the Anti-Social Behaviour Crime and Policing Act 2014, a victim who is incapable of consenting to marriage by reason of mental disorder^[82], the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form of coercion).

Provisions of the Adult Support and Protection (Scotland) Act 2007

The Adult Support and Protection (Scotland) Act 2007^[83] (2007 Act) defines 'adults at risk' as adults (16+) who:

• Are unable to safeguard their own well-being, property, rights or other interests and
• Are at risk of harm and
• Because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected

This is known as the '3 point test'. The presence of a particular condition does not automatically mean an adult is an 'adult at risk'. Someone could have a disability but be able to safeguard their well-being. It is the whole of an adult's particular circumstances which can combine to make them more vulnerable to harm than others.

The 2007 Act:

• Places a duty on councils to make inquiries and investigations to establish whether or not further action is required to stop or prevent harm occurring
• Places a duty on specified organisations to co-operate in investigating suspected or actual harm
• Introduces a range of protection orders including assessment orders, removal orders and banning orders and
• Provides a legislative framework for the establishment of adult protection committees across Scotland

Forced marriage, like domestic abuse or other forms of violence against women/gender-based violence, is a form of harm which may be experienced by adults at risk. If an adult is known or believed to be an adult at risk of harm and in need of protection, as per the 3-point test, the local authority has a duty under section 4 of the 2007 Act to inquire into their well-being and to take action to prevent or stop the harm from occurring and to support the adult. Other agencies named in the 2007 Act are obliged to cooperate with a local authority in carrying out inquiries. A multi-agency approach is central to adult protection, and other public bodies have a key role in reporting cases of possible harm to the local authority social work department.

Local authority responsibilities

The 2007 Act requires each local authority to establish an adult protection committee for its area. These have various functions including keeping under review the procedures and practices of the public bodies which have duties and responsibilities under the 2007 Act. Adult protection committees are established on a multi-agency basis and must include representatives for the local authority, health board and police.

Each multi-agency adult protection committee and all local authorities in Scotland have local adult support and protection procedures which provide guidance for staff within the partnership agencies. Public sector, voluntary and private organisations also have a duty to refer adults at risk and report situations of harm to the local authority.

In some instances, forced marriage may be an adult protection issue. Adult protection committees should ensure, through training, that staff are aware of the issues of forced marriage and that local adult protection procedures include practice guidance on forced marriages involving adults at risk of harm.

As a practitioner, you should be aware of the issues surrounding forced marriage, the dangers victims face and the help which can be offered to victims who approach the local authority for assistance or who come to the local authority's attention.

When there are concerns that an identified adult at risk may be, or has been, subjected to a forced marriage, adult protection procedures should be initiated. Particular caution should be exercised over confidentiality and information sharing (see below).

• There is no justification for forcing someone to marry or not taking safeguarding action to prevent a forced marriage
• Disclosure of forced marriage should not be dismissed as merely a family matter. For many people, seeking help from an agency is a last resort and so you should take any disclosure seriously
• While forced marriage is commonly a problem for young women, there have been reports of both female and male adults with disabilities being forced to marry. In order to find a spouse, parents may accept a spouse who they would normally view as unacceptable, such as a person from a lower caste or social group
• Sometimes, to ensure a potential spouse is not put off, families may try to hide, play down or make light of a person's disability

Forced marriage involving people with learning disabilities

Some key motives for forcing people with learning disabilities to marry include:

• Obtaining a carer for the person with a learning disability
• Obtaining financial security for the person with a learning disability
• Obtaining physical assistance for ageing parents
• Believing the marriage will somehow 'cure' the disability
• Believing that marriage is a 'rite of passage' for all young people
• Mistrust of the 'system', mistrust of external (social care/health) carers
• Fear that younger siblings may be seen as undesirable if older sons or daughters are not already married

Parents often do not see anything wrong in their actions. Indeed, when it involves a person with a learning disability, they may believe it is the right, or only, option and therefore, may be quite open about their intentions.

Coercion, physical or emotional, is a common feature of forced marriage, including those involving people with learning disabilities. Sometimes a person with learning disabilities may be led to believe, or to say, that the marriage is what they want, but they may not fully understand the implications of that decision. This could be for a variety of reasons including the person wanting to please their family or to do what their siblings have done.

Adults at risk may be particularly defenceless if they rely on their families for care. They may have communication difficulties and they may have fewer opportunities to tell anyone outside the family about what is happening to them. They may be vulnerable because of lack of education about sex or relationships or limited opportunity to speak up for themselves.

Capacity to consent to sexual intercourse and marriage

Some adults with learning disabilities and/or mental health problems do not have the capacity to consent to a marriage.

The task of establishing capacity can be complex. Capacity is the ability to understand information relevant to a decision or action and to understand the consequence of taking or not taking that action or decision. The decision making process can be influenced by significant people in an individual's life. The Adults with Incapacity (Scotland) Act 2000^[84] provides for various types of proxy decision maker to be appointed for an adult who lacks the capacity to make a decision in relation to their welfare or finances. Under the 2000 Act, a guardian or intervener cannot have powers to consent to marriage on behalf of an adult.

It also states that the person's capacity must be maximised and so every effort should be made to provide communication support and access to independent advocacy.

Some people may be unable to consent to sexual intercourse. Sexual intercourse without consent is rape. Section 17 of the Sexual Offences (Scotland) Act 2009 covers capacity to consent to sexual activity of a person with a mental disorder.

Independent advocacy

Sometimes it is not appropriate for professionals to advocate for people using services because there is a conflict of interest. Victims of forced marriage should be presented with the option of having an independent advocate. As with interpreting, advocates should not be from the victim's family and there may be concerns if they are from the same cultural community. For more information on the role of the independent advocate see the Scottish Independent Advocacy Alliance website: www.siaa.org.uk

Confidentiality and information

For information on confidentiality and information sharing.

• You must be careful not to inadvertently place a victim at further risk of harm. Risks include approaching the family or the community, mediation, arbitration, use of interpreting services and failing to share information appropriately amongst agencies
• Involving families can be dangerous. Experience shows that the family may not only punish the victim but also deny that the person is being forced to marry, expedite any travel arrangements and bring forward the marriage
• Involving the family includes visiting the family to ask them whether they are intending to force their child to marry or writing a letter to the family requesting a meeting about their child's allegation that they are being forced to marry
• Relatives, friends, community leaders and neighbours should not be used as interpreters, despite any reassurances from this known person.
• A third party e.g. family friend, councillor, MP may ask you for information. They may give you a very plausible reason, and may genuinely believe they are acting in the best interests of the victim but you should not tell them anything at all

Information can be shared in order to prevent or detect a crime, and if an adult is at risk of harm even if they have not given their consent. This information should always be shared safely and confidentially and only with those professionals directly involved with the case (see Confidentiality and information sharing). You should refer to local information sharing protocols. Section 10 of the 2007 Act requires those who hold certain types of information to share it with a local authority which is carrying out an inquiry or investigation under the Act.

You must take great care in handling such information. All records belonging to an individual should be kept secure to prevent unauthorised access by anyone who might pass information to the victim's family (see Sharing personal information).

A forced marriage may take place in the UK or abroad. In either situation, you should be ready to give guidance to the person about their rights, the choices open to them and to take action in partnership with other agencies to protect the adult from harm.

The Registrar for Births and Marriages referred H to social work because he was concerned that H might have a learning disability and lack the capacity to be a sponsor for a person entering the country. H was excited about having a wedding and being married as her sisters were already married. Her parents told the social worker that they wanted to protect H, and that it would be easier for her to be married to someone who was familiar with her family and culture and who would be able to look after her when they had gone.

What you should do following a report of forced marriage relating to an adult at risk of harm:

• Gather information as carefully and as discretely as possible (see Section 9)
• Initiate adult protection procedures which may include the inter-agency referral discussion with the police. Exercise additional caution over family and community involvement
• Refer to local and national adult protection information sharing protocols
• Seek and share information with the police. Check police and social work records for past referrals of family members, including siblings, for example domestic abuse or missing persons within the family, unreasonable restrictions (withdrawal from education or house arrest)
• Discuss case with Forced Marriage Unit (for professional immigration advice)
• If appropriate, refer the adult to support services experienced in working with survivors of domestic abuse and forced marriage such as Shakti Women's Aid in Edinburgh and Hemat Gryffe Women's Aid in Glasgow
• Seek advice from your local authority forced marriage lead officer and legal services department
• If the person's capacity to consent to marriage is in doubt, arrange for a capacity assessment

Adult support and protection plan

As part of the adult protection process, a protection plan will need to consider possible interventions to protect the adult. These may include:

• Referral to appropriate specialist services for victims of forced marriage (see Chapter 5)
• Consultation with the Forced Marriage Unit (see section 2)
• If the adult at risk wishes to remain at the family home, consider plan to maintain contact without placing them at further risk (see The danger of involving the family and community)
• Emergency action - accommodation, Women's Aid refuge, legal remedies (see below)
• Accommodation appropriate to the adult's needs. If you are placing an adult with a learning disability in accommodation with support, you will need to ensure the support team understands the risks involved
• Forced Marriage Protection Orders (legal advice required)
• Adult Support and Protection (Scotland) Act 2007^[86]. Removal, Assessment and Banning Orders can be considered for adults at risk as defined by section 3 of the 2007 Act but only as the least restrictive option (legal advice required)
• Action under Mental Health (Care and Treatment ) Act 2003^[87]
• The adult may take legal action themselves but if they lack the capacity to do so, the local authority or another person could consider seeking an Intervention or a Welfare Guardianship Order under the Adults with Incapacity (Scotland) Act 2000^[88] to proceed on their behalf
• An interdict - various options (see section 13)
• Nullity or divorce proceedings

You should get advice about the various legal options from the local authority legal services and mental health officer team. As a matter of course, adult protection inquiries and investigations should involve all relevant areas of the local authority, as well as other public bodies and agencies. It is important to ensure that information is shared appropriately and that you seek advice from relevant colleagues.

For more information about legal remedies see Chapter 3.

If an adult is reported missing

See Missing persons and those who run away.

Do not approach the family, friends or those people with influence within the community as this will alert them to your enquiries and may place the person in further danger. Confidentiality and discretion are vitally important. It is not advisable to contact an overseas organisation to make enquiries.

If you are suspicious because an adult at risk is being taken abroad

The adult may be told, for example, that they are going on a family holiday or to visit relatives. These, of course, could be genuine reasons for a trip and you should make every effort to establish the full facts as soon as possible. You could gently enquire about return dates and plans. However, once an adult at risk has left the country, the legal options to support them to return them to the UK are limited. Seek advice from the Forced Marriage Unit.

If an adult at risk has already been forced to marry

Some forced marriage cases come to light when the adult at risk is forced to act as sponsor for their spouse's immigration to the UK. The adult may be reluctant or unable to tell that it was a forced marriage for fear of reprisal. A person whose application to enter the UK as a spouse is refused has a right to know the reasons why - and the right to appeal against the decision. This can place the victim in a difficult position. The Forced Marriage Unit can be contacted to discuss options.

Some cases may initially be reported as domestic abuse. Those forced into marriage may experience years of domestic abuse, but not be able to seek help through fear of further abuse, losing their children, lack of family support, economic pressures and so on. The fact that they were forced to marry may only become apparent much later.

In some cases, the potential or actual spouse may themselves be coerced and/or duped into marriage to a person with a disability.

For all victims of forced marriage, leaving their marriage, family and community may be their only option but many will require support to do this. People with learning disabilities may require greater levels of support for longer periods of time.

Leaving the family and community is always a difficult decision to take for anyone forced into marriage. For many people with learning disabilities it can be even more so, as they may have no experience of life outside the family and no financial, physical, social or emotional support. For those requiring high levels of support, leaving home becomes almost impossible. For example, they might not be capable of maintaining the high levels of secrecy that are required, even if they were to leave.

In addition, leaving their family (or reporting them to the police or simply approaching statutory agencies for help if they are able to) may be seen as bringing shame on the honour of their family in the eyes of the community. This may lead to social ostracism, harassment and other forms of 'honour-based' violence from the family and community (see section 3).

If an adult at risk is repatriated to the UK from overseas following a forced marriage

As a British National, the adult is entitled to a Community Care Assessment under the Community Care and Health (Scotland) Act 2002^[89].

To determine which authority should provide funding, 'ordinary residence' will need to be established. It is the local authority within which the adult had their last permanent residence which has financial responsibility. 'Ordinary resident' is described in detail in the Scottish Government Circular CCD 3/2010^[90].

For safety, the adult may need to be accommodated or relocated with a different local authority. This may require a transition period while funding and support are negotiated.

If a spouse who is an adult at risk has come to the UK from overseas

If someone comes to the UK from overseas on a spousal or other temporary visa, she may have 'no recourse to public funds' (see section 14). She may believe she has no option but to remain in the marriage and feel unable to co-operate with social work or anyone in 'authority'. She may not speak English and may not be aware of sources of support. See section 23 for information about support available.

Under the domestic violence concession (see section 23) she can apply for indefinite leave to remain as a spouse of a person present and settled in the UK.

Anyone who has been granted 'indefinite leave to enter or remain', refugee leave, humanitarian protection, discretionary leave or who has a right of abode in the UK is entitled to public funds on the same basis as a British citizen. They are also entitled to a community care assessment.

Remember:

It is unlawful for anyone to provide unregulated immigration advice or immigration services. You should ensure that immigration advice is given by a regulated adviser/organisation. Remember that you can consult the Forced Marriage Unit at any time (see section 2).

20. Guidelines for local authority housing and homelessness staff

This chapter focuses on options for emergency and permanent accommodation under homelessness legislation (see Homelessness legislation). The specific actions you take will depend on the particular circumstances of the case. A victim may need to be accommodated elsewhere in the UK or may have come to your authority from another part of Scotland, elsewhere in the UK or from overseas.

First, read the Key practice messages.

See also Chapter 2: information for all practitioners.

V was 16 and could not stay at home. She was temporarily re-housed in refuge accommodation in England. It was very difficult to arrange this because she was viewed as an adult in Scotland but a child elsewhere in UK (with implications for statutory funding, refuge availability and so on). She had to leave school in Scotland as a result of relocating and, although she continued to receive support from the police and a women's organisation, she was very isolated. No civil case was pursued. Despite repeated attempts by family and community members/organisations to obtain information, her whereabouts have not been compromised. She remains completely cut off from her family.

Background

Victims may present to you as homeless or at risk of homelessness. You may also be contacted by a third party such as the Forced Marriage Unit or police. This may be in an emergency. Forced marriage is a form of domestic abuse and, therefore, the local housing authority has a duty to secure accommodation for victims under homelessness legislation (see Homelessness legislation).

How housing staff can make a difference

For victims of forced marriage, leaving the family can be very hard. BME women can feel this acutely given the very close nature of some family structures and especially those with a disability or illness and young people. The victim may have no experience of life outside the family.

Those who do leave often live in fear of their families who go to considerable lengths to find them and ensure their return. They are often subjected to extreme violence and threats. So, it is vital to ensure that those fleeing forced marriage have somewhere safe to stay. Housing staff can help by providing safe accommodation, in an emergency, temporarily and permanently. You should also cooperate across local authority area boundaries in order to facilitate the movement of victims if required for their safety.

The circumstances of forced marriage are such that victims may return to families and communities. This is not a failure on their part. Stress to victims that your service is always available.

Some women who present to you may not have the correct documents to prove their identity; some may be British nationals but may not be able to prove this. Others may not have leave to remain in the UK and, therefore, will not have recourse to public funds (see below). But, whatever their situation, frontline staff in local housing authorities should be aware of the extreme risks facing victims and be prepared to help. Even if a woman has 'no recourse to public funds' there may be actions you can take in partnership with other agencies, at least in the short term.

Local authorities and registered social landlords must allow anyone aged 16 or over to apply to their housing list. If someone is over 16 they have the right to make a homelessness application. There are particular issues for young women in the 16 to 18 age group who may be particularly vulnerable because of age, inexperience and suggestibility but not in the category of 'a child'. Young people in these circumstances may have led a very sheltered existence and be particularly naïve and vulnerable to risk. You should be very sensitive to their need for safety and security. It is important to ensure that you have procedures in place and that there is clear consideration of the range of assistance for young people who do not fit within adult support and protection or child protection processes.

The focus should not be on age. It should be on taking action. Any young person who is a victim, or potential victim of forced marriage, requires vigorous protective action. You have an important role in providing the level of inter-agency protection that she requires.

This includes ensuring that all partner agencies providing homelessness accommodation on behalf of local authorities, such as housing association and private sector landlords, are competent to identify and respond consistently, safely and effectively when forced marriage is an issue.

Your response

To respond to a victim of forced marriage:

• See section 8 for recommended actions in all cases
• Gather information as carefully and as discretely as possible (see section 9)
• Seek advice from your local authority forced marriage lead officer and legal services department
• If necessary, seek advice from the local authority adult support and protection/child protection lead officer
• Discuss case with Forced Marriage Unit (for professional immigration advice)
• If appropriate, refer to support services experienced in working with survivors of domestic abuse and forced marriage such as Shakti Women's Aid in Edinburgh and Hemat Gryffe Women's Aid in Glasgow

Mediation with the family or other community members should not be attempted as this may endanger her further (see The danger of family counselling)

Housing options

• You should take full account of the victim's needs and wishes together with a detailed risk assessment in arranging emergency, temporary and permanent accommodation
• Her housing plan, temporary and permanent, should be based on her needs and the risks she faces
• This means taking into consideration whether she should be accommodated in an area where there are members of her community. Although she might be less isolated, there are potential dangers. You should discuss this fully with her
• The victim may want to be accommodated locally, with good safety planning in place (see section 6) and legal protection (see Chapter 3)
• Many women need to be housed (temporarily) and/or (permanently) elsewhere in Scotland or the UK (away from perpetrators and the wider community)
• Women's Aid provides a network of safe refuges across the UK. Shakti Women's Aid and Hemat Gryffe Women's Aid (see section 21) have refuges In Scotland specifically for BME women but all Women's Aid groups can provide refuge and other support. This is important as women may need or want to go elsewhere in Scotland or the UK for safety reasons
• It is vital that you take account of women's need for safety in considering the suitability of different types of temporary accommodation. A scatter flat with support is a good option. Managed group accommodation, such as a hostel, is likely to be a more supportive and safe environment (but see below) than the relative isolation and limited facilities of a B&B which should not be used
• Hostels for female victims should be for women only
• You should take extra care if placing victims in 'mainstream' hostels to avoid intimidation and bullying from other residents
• The address should be confidential
• The accommodation should not in the middle of a dense BME community area
• Young people leaving their families may need additional support with 'life skills' as they may have been very 'protected' within their family environment
• Refuge accommodation for male victims tends to be limited so hostels may be the only alternative

Safety alert

• Do not use a relative, friend, community leader or neighbour as an interpreter (see Interpreting)
• Do not tell family members or friends where the woman is
• You may be asked or pressured by relatives, councillors, MPs, MSPs, and those with influence within the community for information or to say where the person is living. They may give you a very plausible reason for the request and may be well-intentioned. Do not divulge any information. This may place the victim in great danger

Adult support and protection and accommodation

If you suspect or believe that an adult at risk (see section 19) is a victim, or in danger of, forced marriage, refer to local authority adult protection procedures and contact your local adult (public) protection unit.

Children and young people

Local authorities have a duty to ensure that children and young people are protected. This includes having somewhere safe to live. Children and young people who have been forced to marry and those who are estranged from their families because of their refusal to accept a forced marriage often require long-term accommodation to help them live away from their families and start a new life.

The National Guidance for Child Protection in Scotland (2014)^[91] sets out local authority responsibilities, including those of housing staff to provide a multi-agency response.

If a child or young person presents as a victim, or potential victim of forced marriage, you should immediately initiate child protection procedures and contact your child protection lead officer or the local authority lead officer for forced marriage.

You must deal with the young person as sensitively as possible and be aware of the very serious risks that she faces.

The fact that a child or young person under the age of 16 may have gone through a form of marriage does not detract from your responsibilities to assess the child's needs and take action to protect her, including providing her with accommodation although this will require contact with social work services.

Section 25(3) of the Children (Scotland) Act 1995 enables a local authority to provide accommodation for any person within their area who is over 18 but not yet 21, if they consider that to do so would safeguard or promote their welfare. For children under 18, access to accommodation will depend on the specific circumstances of each case and applicable legislation

Other legal remedies to protect adults and children

See Chapter 3 for more information.

Forced marriage is illegal. A victim can also take action to protect themselves using civil orders including: Forced Marriage Protection Order; Matrimonial/Domestic Interdict; Non-harassment Order; Exclusion Order. It is also possible for either the victim or a third party (see Third party applications for Forced Marriage Protection Orders) to apply to the court for a Forced Marriage Protection Order.

Funding for legal advice is not counted as public funds, and individuals may be entitled to free legal advice whatever their immigration status.

No recourse to public funds

People whose immigration status means they do not have a legal right to UK public service funds have few options for housing and financial support (see section 14). Women who are fleeing abuse may be able to apply for permission to settle permanently (also known as 'indefinite leave to remain') under what is commonly known as the 'domestic violence rule'.

If a woman's visa contains the words 'no recourse to public funds,' she is not entitled to public funds such as accommodation from the local authority's housing department and most social security benefits. However, a spouse or partner who is eligible to qualify for indefinite leave to remain as a victim of domestic violence who is destitute can apply for access to public funds under the Destitution Domestic Violence (DDV) concession.

Those eligible under the concession have their leave to remain, and conditions associated with this, varied to allow them recourse to public funds. Temporary leave to remain under the concession is issued for three months during which time an application for indefinite leave to remain under the domestic violence rule must be made. (Application for Destitution Domestic Violence (DDV) concession forms and guidance are at: www.gov.uk/government/publications/application-for-benefits-for-visa-holder-domestic-violence)

UK Visas and Immigration recommends that legal advice is obtained before a woman applies to UK Visas and Immigration to see if she is entitled to be granted leave. Alternatively, a woman can apply directly to UK Visas and Immigration under the DDV concession.