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Forced Marriage

Answer

The Forced Marriage (Civil Protection) Act 2007 enables anyone to apply for a forced marriage protection order on behalf of a victim to protect them from forced marriage with the court’s permission. The Act also enables the Lord Chancellor to make an order specifying a relevant third party (RTP) to make applications on behalf of a victim of forced marriage without the requirement to obtain the court's permission. It does not specify who should act as a relevant third party, when they should act or what safeguards might be needed for a victim of forced marriage. Relevant third parties take on a significant responsibility for making an application on behalf of a victim of forced marriage in the absence of judicial scrutiny, so it is important that only appropriate and competent persons or organisations act. The Government therefore consulted to establish what need there was for relevant third parties, what type of people or organisations should act and what safeguards were needed. The response to this consultation was published on 13 November 2008. The response to consultation showed that generally respondents favoured local authorities as a relevant third party for both adults and children. There was also some support for voluntary sector organisations to act as relevant third party for adults, although no voluntary organisation nominated itself. Respondents recognised that the absence of a leave process could place a victim at significant risk of harm. Therefore, it was seen as important that safeguards were in place to ensure that the victim was protected from possible misuse and that the applicant always acted in the victim's best interests. The response outlined the Government's decision to specify local authorities as relevant third parties. This will complement the existing role that local authorities have to protect children and vulnerable adults and will ensure that all victims, no matter where they live, have access to a local relevant third party. The response also outlined the Government's view that local authorities should actively seek advice from and work with voluntary organisations where possible and that a multi-agency approach could be used to support the victim. This will help to ensure an integrated and holistic approach to providing support for victims and recognises the different and complementary types of support that the public sector and voluntary sector provide. As outlined in the response, the work to prepare local authorities to become a relevant third party will look at defining the role of the relevant third party, when it should act, establishing what knowledge it requires to make an informed judgment and look at existing systems of accountability to ensure that applications are made in the best interests of the victim. The Government recognise the role that the voluntary sector plays in supporting victims of forced marriage. The success of the independent domestic violence advisers (IDVAs) has shown how the voluntary sector can play a key role in a multi-agency-based response to domestic violence with the victim at the heart of the process. Most IDVAs currently operate in the criminal magistrates' court, where there are specialist domestic violence courts (SDVCs), and many already have expertise in dealing with issues like forced marriage and are experienced multi-agency workers. Their work is carried out in accordance with recognised national standards and an accredited training programme. Services are subject to a monitoring and evaluation process, along with other agencies in the SDVC partnership, but specifically those receiving funding from this department towards the IDVA service are required to submit annual data about their workload. The response therefore outlined that there will be a pilot using a local existing IDVA service as an RTP. Broadly, we anticipate that concurrent schemes will run to assess the effectiveness of local authorities and IDVA services to act as a relevant third party. Appropriate safeguards will be built in to the process for each agency. We estimate it will require nine to 12 months, working together across government and with local government and the voluntary sector, to ensure everyone involved has the necessary guidance and information to act appropriately and effectively as a relevant third party. In the mean time, we will monitor the use of the Act in court and use any emerging information to shape and develop the RTP pilot. We intend to carry out a formal evaluation after a year of the provisions of the relevant third party coming into force. If this proves successful, we would look at extending the RTP provisions more widely across IDVAs as well as other voluntary sector organisations. There has been no decision taken as yet on which IDVA service will take part in the pilot scheme. It is important to emphasise that, pending the development and operation of the pilot, it will be possible for anyone, including local authorities and IDVAs, to apply for a protection order on behalf of a victim if they obtain the court’s permission. This will ensure that victims of forced marriage can obtain the protection of the court where they cannot apply for a forced marriage protection order themselves. The court’s scrutiny of an application for permission to apply for an order will ensure that the victim's best interests are safeguarded.

Secondary information

Type

Written question

Reference

705 c238-40WA; 6393

Session

2007-08

Subjects

Advisory services Domestic abuse Forced marriage Local government Pilot schemes Protection Voluntary organisations Victims Forced marriage protection orders

Legislation

Forced Marriage (Civil Protection) Act 2007

Link

View this Written question on www.publications.parliament.uk