Forced marriage: statutory guidance

Chapter 1

Status, relevant persons, aims and content

Status

1. This statutory guidance is given by Scottish Ministers in exercise of powers under section 11(1) and (2) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011^[1]. Relevant persons must have regard to it when exercising public functions in or as regards Scotland.

2. Section 13 of the Civil Partnership (Scotland) Act 2020^[2] amends the offence of forced marriage under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014^[3] to extend the criminal offence to forced civil partnerships.

3. The Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 also applies to civil partnerships.

Relevant persons

4. This guidance is given to relevant persons and bodies in Scotland listed in Appendix A in so far as they exercise public functions in or as regards Scotland ("relevant persons"). Relevant persons include those who protect and promote the welfare of children and those who exercise functions to prevent and eradicate violence against women and girls. This includes Scottish local authorities, NHS Boards, the Scottish Children's Reporter Administration (SCRA), Children's Hearings Scotland and Police Scotland. It is also given to Child Protection^[4] and Adult Protection Committees^[5], which are locally based, inter-agency strategic partnerships responsible for individual and collective leadership and direction for the management of child protection and adult support and protection across Scotland. Additionally, this guidance is given to multi-agency Violence Against Women Partnerships, which also have child protection as part of their wider remit to improve outcomes for women, children and young people experiencing violence against women and girls.

5. The guidance is for relevant persons and bodies in Scotland who exercise public functions to protect adults and children at risk of harm. Examples of these bodies and persons may include, but are not limited to Police Scotland, NHS Health Boards and local authorities, integration joint boards, adult social work services, local authority services such as housing and education, and those professionals who may come into contact and have responsibility for adults at risk of harm. It is also for relevant persons identified in Section 5 of the Adult Support and Protection (Scotland) Act 2007^[6] as those who exercise public functions to support and protect adults at risk from harm.

Aims and content

6. Any references within this guidance to marriage should be taken as including civil partnerships unless otherwise stated (or unless context otherwise requires).

7. In particular, the guidance is given to Chief Executives, Directors and senior managers of bodies mentioned in Appendix A. It outlines their responsibilities for developing and maintaining local procedures and practice arrangements to enable practitioners to handle cases of forced marriage effectively. It sets out how cases of forced marriage will be responded to using existing frameworks for protecting children^[7], adults at risk and victims of abuse.

8. This document gives guidance about the effect of Part 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (the Act) and about other matters relating to forced marriage. Chapters 2 and 3 give guidance on the background to that Act, other matters relating to forced marriage and the effect of Part 1. Chapters 4 to 6 go on to set out the duties and responsibilities of relevant persons, bodies and offices in Appendix A.

9. It also highlights actions that may inadvertently place a victim at risk of harm. These include failure to share information appropriately among agencies, the danger of involving families, breaches of confidentiality and all forms of family counselling, mediation, arbitration and reconciliation.

10. Forced marriage should be viewed as a form of abuse and as such, relevant child protection^[8] and adult protection^[9] guidance, policies and procedures should be considered.