Publication - Advice and guidance

Forced Marriage Statutory Guidance

Published: 4 October 2024
From: Director of Equality, Inclusion and Human Rights
Directorate: Equality, Inclusion and Human Rights Directorate
Topic: Equality and rights
ISBN: 9781805256625

The statutory guidance describes the responsibilities of chief executives, directors and senior managers in agencies that handle cases of forced marriage.

Supporting documents include forced marriage public awareness posters and factsheets.

Supporting documents

Footnotes

1. Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

2. Civil Partnership (Scotland) Act 2020

3. Anti-social Behaviour, Crime and Policing Act 2014

4. For guidance and information on Child Protection Committees, please see Protecting children and young people: Child Protection Committee and Chief Officer responsibilities. Additionally: National guidance for child protection in Scotland 2021 - updated in 2023

5. For guidance and information on Adult Protection Committees, please see Adult Support and Protection (Scotland) Act 2007: guidance for Adult Protection Committees . Additionally: Adult Support and Protection (Scotland) Act 2007: Code of Practice

6. Adult Support and Protection (Scotland) Act 2007

7. National guidance for child protection in Scotland 2021 - updated in 2023

8. National guidance for child protection in Scotland 2021 - updated in 2023

9. Adult Support and Protection (Scotland) Act 2007: guidance for Adult Protection Committees .

10. A choice by right report

11. Forced Marriage Unit Website

12. Forced Marriage (Civil Protection) Act 2007

13. Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

14. Anti-social Behaviour, Crime and Policing Act 2014

15. Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention)

16. The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017.

17. Understanding forced marriage in Scotland research study

18. Forced Marriage Unit statistics 2023

19. Forced Marriage Unit statistics 2023

20. My Marriage My Choice Summary of Findings

21. Forced Marriage Unit statistics 2023

22. Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

23. Anti-social Behaviour, Crime and Policing Act 2014

24. Anti-social Behaviour, Crime and Policing Act 2014, Section 122(2). Mental disorder is defined by reference to section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (see section 122(5)).

25. Forced Marriage, Coercive Control, and Conducive Contexts: The Experiences of Women in Scotland, 2020

26. Universal Declaration of Human Rights | United Nations

27. OHCHR | Convention on Consent to Marriage, Minimum Age for Marriage

28. Council of Europe Convention on preventing and combating violence against women and domestic violence

29. Council of Europe Convention on preventing and combating violence against women and domestic violence

30. Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979 | OHCHR

31. Article 3 - UN Convention on the Rights of People with Disabilities

32. Article 16 – Freedom from exploitation, violence and abuse | United Nations Enable

33. UN Convention on the Rights of the Child (UNCRC)

34. UN Convention on the Rights of the Child (UNCRC)

35. UN Convention on the Rights of the Child (UNCRC)

36. UN Convention on the Rights of the Child (UNCRC)

37. Forced Marriage Unit statistics 2023

38. Prohibition of Female Genital Mutilation (Scotland) Act 2005

39. Ending destitution together: Strategy

40. Marriage (Scotland) Act 1977 (as amended by the Marriage and Civil Partnership (Scotland) Act 2014 )

41. Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

42. Anti-social Behaviour, Crime and Policing Act 2014

43. Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

44. Definition in Appendix B

45. Added by the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017, which came into force on 19 March 2018.

46. "abduction" is a common law offence. In addition, section 6 of the Child Abduction Act 1984 provides for an offence which is committed if the parent takes or sends the child out of the UK without the appropriate consent in certain circumstances.

47. Section 12 of the Children and Young Persons (Scotland) Act 1937

48. Section 1 of the Children (Equal Protection from Assault) (Scotland) Act 2019 abolishes the defence of reasonable chastisement.

49. Sexual Offences (Scotland) Act 2009

50. Responding to forced marriage Guidance

51. Domestic Abuse (Scotland) Act 2018

52. Domestic Abuse (Scotland) Act 2018. The relevant provision is section 234AZA of the Criminal Procedure (Scotland) Act 1995 (the 2018 Act amended the 1995 Act to add in this new section).

53. Protection from Abuse (Scotland) Act 2001

54. Protection from Harassment Act 1997

55. Adult Support and Protection (Scotland) Act 2007

56. Adults with Incapacity (Scotland) Act 2000

57. Mental Health (Care and Treatment) (Scotland) Act 2003

58. National Guidance for Child Protection in Scotland 2021 - updated 2023

59. Children's Hearings (Scotland) Act 2011

60. Section 60 and 61 of the Children's Hearing (Scotland) Act 2011

61. National Guidance for Child Protection in Scotland 2021 – updated 2023

62. United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

63. Multi-agency practice guidelines: preventing and responding to forced marriage - update 2014

64. Equality Act 2010

65. National Guidance for Child Protection in Scotland 2021 - updated 2023

66. Adult Support and Protection (Scotland) Act 2007: Code of Practice for local authorities and practitioners exercising functions under Part 1 of the ASP Act

67. Violence Against Women Partnership Guidance, Scottish Government and COSLA 2016

68. National Trauma Training Programme - Transforming Psychological Trauma: A Knowledge & Skills Framework (2017)

69. Guide to the UK General Data Protection Regulation (UK GDPR)

70. Data Protection Act 2018

71. Guide to Law Enforcement Processing | ICO

72. Data Sharing Code of Practice

73. GIRFEC information sharing guidance

74. Executive summary | ICO

75. A guide to the data protection exemptions | ICO

76. Adult Support and Protection (Scotland) Act 2007: Code of Practice

77. ICO Data Sharing: Code of Practice

78. Adult Support and Protection (Scotland) Act 2007: Code of Practice

79. National Guidance for Child Protection in Scotland 2021

80. Getting it right for every child (GIRFEC) Practice Guidance 4. Information sharing

81. How do we recognise a subject access request (SAR)?

82. Forced_Marriage and learning disabilities guidelines

83. Chapter 1: Introduction - Adults with incapacity: guide to assessing capacity

84. Adults with Incapacity (Scotland) Act 2000

85. Sexual Offences (Scotland) Act 2009

86. Mental Health (Care and Treatment) (Scotland) Act 2003

87. Adult Support and Protection (Scotland) Act 2007

88. Adults with Incapacity (Scotland) Act 2000

89. Adults with Incapacity (Scotland) Act 2000

90. Adults with Incapacity (Scotland) Act 2000

91. Mental Health (Care and Treatment) (Scotland) Act 2003

92. Mental Health (Care and Treatment) (Scotland) Act 2003

93. Appropriate Adults: guidance for local authorities

94. Adults with incapacity: guide to assessing capacity

95. For more information on independent advocacy in Scotland, visit the Scottish Independent Advocacy Alliance's website - Home - Scottish Independent Advocacy Alliance. See also the duty in Section 259 of the Mental Health (Care and Treatment) (Scotland) Act 2003 requiring local authorities and health boards to ensure persons with a mental disorder have access to independent advocacy.

96. The keys to life: Improving quality of life for people with learning disabilities

97. Getting it right for every child (GIRFEC)

98. Children and Young People (Scotland) Act 2014

99. National Guidance for Child Protection in Scotland 2021 - updated 2023

100. Forced marriage: implications for mental health and intellectual disability services | Advances in Psychiatric Treatment

101.National Guidance for Child Protection in Scotland 2021 - updated 2023

102. National Guidance for Child Protection in Scotland 2021 - updated 2023

103. Adult Support and Protection (Scotland) Act 2007

104. Adults with Incapacity (Scotland) Act 2000

105. Children's Hearings (Scotland) Act 2011

106. As construed in accordance with section 1 Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

107. Advocacy in the children's hearings system - national practice model: guidance. See also: Children's Hearings Scotland Website

108. The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013

109. Children's Hearings (Scotland) Act 2011

110. See rule 20C of the The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013

111. National Guidance for Child Protection in Scotland 2021 - updated 2023

112. Children (Scotland) Act 1995

113. Children's Hearings (Scotland) Act 2011

114. Mental Health (Care and Treatment) (Scotland) Act 2003

115. Adults with Incapacity (Scotland) Act 2000

116. Adult Support and Protection (Scotland) Act 2007

117. Adult Support and Protection (Scotland) Act 2007

118. Guidance for Adult Protection Committees

119. Adult Support and Protection (Scotland) Act 2007: Code of Practice

120. Mental Health (care and treatment) (Scotland) Act 2003: Code of Practice Volume 1

121. Adults with incapacity: code of practice for local authorities

122. Codes of Practice for Social Service Workers and Employers - Scottish Social Services Council

123. Adults with Incapacity (Scotland) Act 2000

124. Adults with incapacity: code of practice for local authorities refer to section 59(1) and (2)

125. Welcome | Mental Welfare Commission for Scotland

126. Office of the Public Guardian (Scotland)

127. As per a guide to investigations

128. Mental Health (Care and Treatment) (Scotland) Act 2003

129. See section 6(2) of the Adult Support and Protection (Scotland) Act 2007

130. The 2003 Act Code of Practice Volume 1

131. Chapter 4 of the Adult Support and Protection Code of Practice recommends that an adult should be asked if they know about and would like advocacy support. If they decline, or if the offer is not deemed appropriate, the reason for this should be recorded and the decision should be revisited at further reviews.

132. Adult Support and Protection (Scotland) Act 2007

133. Home - Scottish Independent Advocacy Alliance

134. Gender based violence - Health topics - Public Health Scotland

135. Equally Safe: Scotland's strategy to eradicate violence against women

136. Violence Against Women Partnership Guidance

137. This means theft of a child

138. Adult Support and Protection (Scotland) Act 2007

139. Please see page 27 onwards for further information: Adult Support and Protection (Scotland) Act 2007: Code of Practice

140. Adult Support and Protection (Scotland) Act 2007

141. Mental Health (Care and Treatment) (Scotland) Act 2003

142. Adults with Incapacity (Scotland) Act 2000

143. The Adult Support and Protection (Scotland) Act 2007 section 3