Forced marriage: statutory guidance

Chapter 5

Specific issues to be considered by agencies working with, or providing services to, children and young people

Child protection and forced marriage – guidance for practitioners

127. Forced marriage is both a child protection and, in some cases, an adult protection matter. Whilst adult protection processes apply from when an individual turns 16, 16/17 year olds at risk may benefit from being considered within child protection rather than adult protection processes. The decision on whether employing child or adult protection procedures is most appropriate to protect a 16 or 17 year old is a matter of professional judgement, following consideration of all of the relevant circumstances.

128. Forced marriage legislation should be used in conjunction with child and adult protection legislation.Child protection processes should be considered up to the age of 18. Forced marriage may be a risk alongside other forms of honour based abuse. Honour based abuse includes practices used to control behaviour within families, communities, or other social groups, to protect perceived cultural and religious beliefs, and/or 'honour.' However, practitioners should be aware that forced marriage is not restricted to any particular ethnic or religious community. Forced marriage and honour based abuse may also occur alongside other forms of abuse, neglect, exploitation and violence.

129. All agencies have a part to play in ensuring children's safety and must be aware of their obligations to act. Child protection is part of a continuum of collaborative duties upon agencies working with children. The Getting it right for every child (GIRFEC)^[97] approach promotes and supports planning for such services to be provided in the way which best safeguards, supports and promotes the wellbeing of children. It also ensures that any action to meet needs is taken at the earliest appropriate time to prevent acute needs arising. The GIRFEC approach is founded on the UN Convention on the Rights of the Child and has statutory basis in the Children and Young People (Scotland) Act 2014^[98]. The child's physical and emotional safety is central to holistic consideration for each child's wellbeing needs within the GIRFEC approach.

130. Child protection refers to the processes involved in consideration, assessment and planning of required actions, together with the actions themselves, where there are concerns that a child may be at risk of harm. The National Guidance for Child Protection in Scotland^[99] provides overall direction for agencies and professional disciplines where there are concerns that a child may be at risk of harm.

131. Any person or agency can report a concern about a child or young person. Child protection procedures are initiated when education, police, social work or health professionals determine that a child may have been abused, or may be at risk of significant harm. Child protection procedures should therefore be triggered where there are concerns about forced marriage occurring or having occurred; police or social work should be contacted. Where concerns about harm to a child are immediate, police and social work should be contacted without delay.

132. The long term harmful impact of forced marriage is likely to be significant, whether or not other forms of abuse, neglect, exploitation and violence are present. Individuals may become estranged from their families and wider communities, lose out on educational opportunities, or become victims of domestic abuse. Rates of suicide and self-harm within forced marriages are high^[100].

133. Part 2A and 2B of the National Guidance for Child Protection in Scotland^[101] outlines collaborative inter-agency and single agency roles and responsibilities for child protection, including the provision of guidance, training and support for staff.

134. Part 3 of the National Guidance for Child Protection in Scotland^[102] defines inter-agency steps in child protection processes from the point where a concern is raised. This includes interim safety plans, emergency measures and other compulsory measures when these are necessary. A co-ordinated approach is essential to ensure concerns are understood in context and the response to each situation is child-centred, prompt and synchronised. A co-ordinated inter-agency referral discussion involving police, health and social work, with an essential contribution from education should determine next steps.

135. Adult Support and Protection (Scotland) Act 2007^[103] can be applied to over-16s when the criteria are met. The Adults with Incapacity (Scotland) Act 2000^[104] similarly safeguards those aged 16 and over who do not have capacity in relation to making decisions about their welfare and/or finances.

136. Child Protection involves:

• Immediate action, if necessary, to prevent significant harm to a child;
• Strategic inter-agency discussion to plan protective steps;
• Inter-agency investigation about the occurrence or probability of abuse or neglect, or of a criminal offence against a child. Investigation extends to other children affected by the same apparent risks as the child who is the subject of a referral;
• Assessment and action to address the interaction of behaviour, relationships and conditions that may, in combination, cause or accelerate risks;
• Focus within assessment, planning and action upon listening to each child's voice and recognising their experience, needs and feelings; and
• Recognition and support for the strengths, relationships and skills within the child and the child's world in order to prepare a plan that reduces risk and builds resilience.

137. Child protection training should include awareness of the relevance of potential causes of concern voiced by a child or a person in the child's network; or by education, health, or Police Scotland (as summarised in Part 4 of the National Guidance for Child Protection in Scotland). LGBTQ+ and disabled children may be at additional risk of forced marriage. Other siblings in the household may also be threatened with, or already in, a forced marriage. It will rarely be sufficient to protect a child or young person by removing the alleged perpetrator from the household (as in most situations, the extended family and wider community are also involved). Local Guidance and protocols should indicate sources of specialist advice.

138. The Forced Marriage Unit (FMU) offers advice to anyone living in the UK, whatever their nationality. Additionally, Scotland's Domestic Abuse and Forced Marriage Helpline – 0800 027 1234 (24 hour service) provides confidential information and support to anyone affected by forced marriage or domestic abuse.

139. Scotland's children's hearing system takes an integrated and holistic approach to care and justice for children. The child's best interests are the paramount consideration in Children's Hearings, which are independent tribunals operating under the Children's Hearings (Scotland) Act 2011.^[105] A child can be referred to the Principal Reporter at any time and by any person when that person considers the child may be in need of compulsory measures. Reasons for a referral to a hearing include that the child has been, is being or is likely to be forced into a marriage, or likely to become a member of the same household as such a child^[106]. Further information on Children's Hearings can be found on the Scottish Government's website and in 'Advocacy in the children's hearing system – national practice model: guidance' (published 2020).^[107]

The danger of involving family and the community

140. One of the underpinning principles of GIRFEC is to work in partnership with parents and family. However, in cases of forced marriage such involvement may increase the risk of significant harm to the child or young person. Risk assessments should consider these specific dynamics. Efforts should be made to ensure that families are not alerted before there has been opportunity for risk assessment, inter-agency referral discussion and safety planning. Otherwise, this may result in members of the family removing the child or young person from the country, or placing them in further danger.

141. The point at which the family becomes aware of intervention (i.e. when immediate protection measures are instigated) is a point of increased risk for the victim and any siblings. The emphasis should be on swift but comprehensive planning of intervention in order to not inadvertently alert the family/community to the fact that concerns have been identified and protective steps are being taken. There should also be emphasis on the fact that, similar to domestic abuse, separation from perpetrators does not guarantee safety.

142. Practitioners should also be aware that any attempt to invoke any sort of mediation with the victim's family will put them at risk of further emotional and physical abuse.

143. If the child requires to be cared for away from their home, social workers will always consider a kinship placement as a first alternative, and in cases of forced marriage additional considerations such as the suitability not only of the placement to meet the child's needs but of the risk of continued contact with parents and of the kinship carers ability to protect the child from any threat of removal. Other factors such as a kinship care playing a role in the coercion is also a consideration.

144. If the child is being placed with alternative carers such as kinship or foster care, the care planning process taking into account the possible risks to a child or carers, should ensure that the placement is not geographically located within the same local area, and that their location is not disclosed to anyone who may alert the family to the child's whereabouts. Practitioners should be aware that members of the carer's wider network (including other children) may present a risk in this respect, and steps should be taken to ensure confidentiality is preserved. It should also be noted that carers from the same local area as the child's family may be put at risk of harm from the family or wider community for caring for the child or young person. Carers should be made aware of specific cultural and religious beliefs of the child who is in their care. It is crucial that practitioners use robust risk assessment processes to take all of this into account and ensure that any approach taken is in the best interest of the child.

145. In most instances, it is unlikely to be appropriate to form a plan through Family Group Decision Making / Family Group conferencing as, even with advocacy and support, this may put pressure on a child to comply with adult plans and may not lead to a safe outcome for the child. However, it is likely to be crucial to the child's physical and emotional wellbeing to take time to listen and identify proven sources of safety and support within the family network.

146. When emergency or compulsory measures are necessary, under rule 15 and Part 19 of the Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013^[108] ("the 2013 Rules")and section 178 of the Children's Hearings (Scotland) Act 2011,^[109] a children's hearing need not disclose to a person any information about the child to whom the hearing relates or about the child's case if disclosure of that information to that person would be likely to cause significant harm to the child.

147. The Children's Hearings (Scotland) Act 2011 includes provisions to allow a sheriff to include an information non-disclosure direction under section 40 of the Act when making a child protection order. Under sections 76 and 77 of the Act there is also a power to exclude relevant persons and/or their representatives from a children's hearing if it is deemed that their presence at the hearing is preventing the hearing from obtaining the views of the child, or is causing, or is likely to cause, significant distress to the child. There are also provisions in the 2013 Rules^[110] which allow a children's hearing to determine that a person with a right to attend a hearing should do so only by electronic means if satisfied that the person's physical presence is likely to prevent the hearing from obtaining the views of the child, or another relevant person, or cause significant distress to such persons.

Getting it right for every child – Special Considerations Regarding Forced Marriage

148. Getting it right for every child (GIRFEC) is a national programme that aims to improve outcomes for all children and young people in Scotland. It seeks to do this by providing a framework for all services and agencies working with children and families to deliver a co-ordinated approach which is appropriate, proportionate and timely.

149. It is important that in applying the GIRFEC framework, practitioners reflect on the characteristics of the issues concerning children and young people facing forced marriage and their families as often they are not brought to the attention of police or social work for other reasons. For instance, they often come from families where the parents' capacity to provide safety, emotional warmth and stability is excellent. The children are often high achievers at school, their health is good, they are well integrated into the local community, and have good relationships with the wider family – they may not exhibit the warning signs described in Chapter 3.

150. Therefore, professionals working with children and young people facing forced marriage require additional training in assessing families to identify families where forced marriage may be a risk.

Sharing information to protect children and young from harm or prevent a crime from being committed.

151. Part one of the National Guidance for Child Protection in Scotland^[111] includes summary notes on information sharing as relevant to child protection and safeguarding of children and young people from harm.

152. Chief Executives, Directors and senior managers should ensure that:

• Child protection processes are considered for cases of forced marriage where the individual is under 18 years, and if so, an Interagency Referral Discussion (IRD) held;
• Staff have appropriate training in order to understand the importance of sharing information with other agencies at the earliest opportunity to protect children and young people from significant harm, or to prevent a crime being committed;
• Staff share information promptly when a child or young person is at risk of forced marriage;
• Staff provide information to the Forced Marriage Unit, especially if there is a risk of the victim being taken out of the country; and
• Staff understand the difference between breaking confidence (involving the child or young person's family without consent), and sharing information with, or without, consent with other appropriate professionals, to prevent the child or young person being at risk of significant harm. Working with specialist support agencies is vital in this regard, as is information from these organisations around family/community and/or service-generated risks.

Immediate protection

153. Ideally, professionals should discuss cases of forced marriage with, and seek advice from, a designated professional, such as a specialist support organisation, or another statutory agency. However, there may be occasions when immediate emergency action is necessary to protect a child or young person from being abducted and/or forced to marry. For example, police protection or legal measures for the emergency protection of children contained within the Children (Scotland) Act 1995^[112] and Children's Hearing (Scotland) Act 2011.^[113] In this case, a strategy discussion should take place as soon as possible after the immediate protection to plan the next steps. Local protocols and procedures relating to child and adult protection, and domestic abuse, should be referred to in order to determine who should be involved in these discussions.

154. It should be noted that the point at which the family become aware of intervention (i.e. when immediate protection measures are instigated) is a point of increased risk for the victim and any siblings. The emphasis should be on swift but comprehensive planning of intervention in order to not inadvertently alert the family/community to the fact that concerns have been identified and protective steps are being taken. There should also be emphasis on the fact that, similar to domestic abuse, separation from perpetrators does not guarantee safety.

155. Chief Executives, Directors and senior managers should ensure that staff have appropriate training in order to:

• Recognise the importance and relevance of immediate protection and action;
• Recognise the risk to other siblings in the household who might also be threatened with, or already in, a forced marriage;
• Understand that in almost no circumstances will it be sufficient to protect a child or young person by removing the alleged perpetrator from the household (as in the significant majority of cases, the extended family and wider community are also involved);
• Recognise that placing the child or young person with a family member, or member of the same community, may place them at risk of significant harm from other family members or individuals acting on the family's behalf; and
• Understand that if a Forced Marriage Protection Order is in place and is breached that the police should be informed as soon as possible.