Minefield of using the law to prevent forced marriages

When new laws to prevent forced marriages and protect those who had already fallen victim were introduced in 2008, it was widely hailed as a positive step.

The aim of all those involved was to prevent the practice which each year sees hundreds of young men and women married off against their will.

It meant that a victim, friend or a police force could apply for a Forced Marriage Protection Order, effectively a court injunction which forbids families from pursuing a forced marriage. Anyone convicted of breaching an order was told they could face up to two years’ imprisonment.

Almost three years on since the law was first introduced, 300 orders have been issued, but only one person has been jailed. Yet, clearly the problem has not gone away and now a group of MPs are calling for forced marriage to be banned.

In a damning report this week, the Commons Home Affairs Select Committee said that not only is there not enough support available to victims, but the situation is “set to worsen, with many specialist services particularly at risk from spending cuts”. Making it a criminal act would, it said, send out a strong message. However, Lucy Cohen, partner at Williscroft Solicitors in Bradford, who has represented the victims in all seven cases heard at the city’s county court, is not so sure the arguments stack up.

“Forced Marriage Orders were all about prevention,” she says. “The figures for subsequent prosecutions does not necessarily mean they are not working, in fact conversely it may well mean that they are doing exactly the job they were set up to do.

“When young people are referred to me for advice on forced marriage, one of the first questions all of them ask is whether their family will be punished. I have to reassure them that obtaining an order is a preventative step and as long as their family abide by the injunction they will not face prosecution.

“Only once they are completely reassured, will they take any action. I fear that criminalising the act will stop the few that are coming forward from doing so.”

However, the new law has been far from a cure-all. In 2010, the Forced Marriage Unit received 1,735 reports relating to possible forced marriages. Of those, there were 70 instances involving those with disabilities (50 with learning disabilities, 17 with physical disabilities and three with both). While the vast majority were female victims, 14 per cent were male. From the outset schools were always seen as playing a vital role in identifying potential victims, but the Select Committee also said there was clear evidence that many were unwilling to tackle the issue for fear of appearing racist.

It also pointed out that lack of training for teaching staff meant that some could inadvertently put their pupils in even greater danger by contacting their families direct.

“My experience of several schools in Bradford who have alerted the police about forced marriage cases has been excellent,” says Cohen, who is also a specialist in domestic violence cases. “Staff are keen to do everything they can to protect their pupils, but often they are unaware about the remedies that are available.

“Having discussed the issue with various teachers, I have also become aware that they are not openly educating their pupils on the risk of forced marriage and the preventative action which can be taken, for fear of repercussions.

“The families of those most at risk are likely to remove the children from the school if they become aware that their children are being educated on the subject.” Cohen believes the only way to begin to solve the problem is to invest in support services, which would be able to pick up the pieces once a Forced Marriage Order has been issued.

“These young people live very sheltered lives, have little contact with the outside world and all their emotional support has been from their family members. Even if they have the courage to obtain an order, often they feel they have no option but to return to the family home.

“Criminalisation of forced marriage is not going to help the victims or reduce the number of incidents, but drive it further underground. What would be more effective would be to put more support on offer for people fleeing forced marriage.

“They need counselling, help in becoming independent and daily emotional and practical support. Sadly, we have already felt the impact of the spending cuts in Bradford and I fear the money will simply not be available.”

[email protected]