Children and young people are among the most vulnerable members of society, and the law of England and Wales acknowledges and responds to this fact with a wide array of protective measures. One area that necessitates particular attention is that of forced marriage. While marriage should be a union based on free and full consent, there are still instances where children are coerced, deceived, threatened, or emotionally blackmailed into entering marriages against their will. Family law plays a vital role in shielding these children and ensuring their welfare is the paramount consideration.
Understanding Forced Marriage
It is crucial first to understand what constitutes a forced marriage in the context of the law of England and Wales. A forced marriage occurs when one or both parties do not freely consent to the marriage, and pressure or abuse is used. This is distinct from an arranged marriage, where families play a role in selecting a partner, but the ultimate choice to marry remains with the individual.
Forced marriage can involve physical violence, emotional or psychological pressure, threats, or financial abuse. It disproportionately affects girls and young women, although boys and young men can also be victims. At its most extreme, it can involve being taken abroad under false pretences, only to find oneself trapped in a foreign jurisdiction, unable to return without grave personal risk.
Statutory Framework and Legal Reforms
Family law in England and Wales has evolved significantly to respond to the complexities of forced marriage. One of the most significant legal developments in this area was the introduction of the Forced Marriage (Civil Protection) Act 2007. This piece of legislation amended the Family Law Act 1996, enabling courts to issue Forced Marriage Protection Orders (FMPOs). These powerful legal tools provide targeted and wide-ranging relief to protect someone facing the risk of forced marriage or already in a forced marriage.
It is also essential to note that the Anti-social Behaviour, Crime and Policing Act 2014 made it a specific criminal offence in England and Wales to force someone into marriage. This includes taking someone overseas to force them to marry, as well as aiding or abetting such conduct. The dual approach, a civil remedy through FMPOs and a criminal offence, ensures a more comprehensive system of protection, particularly for children.
Forced Marriage Protection Orders
Forced Marriage Protection Orders are central to the protection offered under family law. FMPOs can be sought by the person at risk, a relevant third party such as a local authority, or any other person with the court’s permission. Importantly, applications can be made without notice to the respondent, which is vital in situations where giving notice puts the child in further danger.
An FMPO is highly flexible and can contain terms that the court sees fit to stop or prevent forced marriage. These might include preventing someone from being taken out of the country, prohibiting contact with certain individuals, or requiring the surrender of passports. Courts can also attach a power of arrest to the order so that breach results in immediate criminal consequences.
The High Court, as well as various Family Courts, have jurisdiction to make these orders. The orders can be time-limited or last indefinitely, with the discretion lying with the judge based on the assessed risk and needs of the child involved.
Local Authorities and Their Protective Duties
Local authorities have statutory safeguarding duties under legislation such as the Children Act 1989. Sections 17 and 47 of this Act provide a framework under which local authorities must act when there is concern that a child is in need or suffering, or likely to suffer, significant harm.
In cases of suspected forced marriage, local authorities can initiate child protection enquiries and call child protection conferences. Social workers play a critical frontline role in identifying risk, speaking with the child sensitively, providing counselling or alternative accommodations, and taking stronger interventions when necessary.
In grave cases, local authorities can also initiate care proceedings. Seeking a care order under Section 31 of the Children Act 1989 allows the local authority to share parental responsibility for the child and place them in safe accommodation. This is particularly important where there is evidence that parents are colluding in the forced marriage or are unwilling to ensure the child’s protection.
The Role of the Court of Protection and Gillick Competence
Some cases involving children on the cusp of adulthood, those aged sixteen or seventeen, can present unique legal dilemmas. The concept of Gillick competence becomes crucial in such cases. A Gillick-competent child is one who possesses sufficient understanding and intelligence to fully comprehend the proposed intervention.
If a teenager is determined to be Gillick competent, they may be able to instruct their own solicitor and oppose the forced marriage independently. However, where competence is in doubt or capacity is absent due to learning disabilities or mental health conditions, the Court of Protection may become involved, particularly where the child has turned eighteen. In such instances, decisions are made under the Mental Capacity Act 2005, focusing on the individual’s best interests.
The family courts also make use of wardship, a historic jurisdiction of the High Court, wherein the child becomes a ward of court. No significant decisions about the child’s welfare can then be taken without the approval of the court. Wardship remains a potent tool in cases where parents cannot be trusted to act in the best interests of their children.
Education and Preventive Measures
While litigation and judicial intervention provide strong protective tools, prevention remains better than cure. Schools and educational settings are critical arenas for early detection and preventative work. The Department for Education’s statutory guidance “Keeping Children Safe in Education” identifies forced marriage as a form of abuse and includes it within the broader category of honour-based violence.
Teachers and school staff are trained to recognise signs that a child might be at risk. These include a sudden drop in academic performance, truancy, unexplained anxiety, or references at school to going abroad for a “family event” during term-time. School safeguarding leads are responsible for taking action, which may include referring cases to children’s services or the police.
Schools often engage in PSHE programmes that highlight the rights of children and educate young people about healthy relationships and the importance of consent. The aim is to build a culture where children feel safer disclosing concerns and know that help is available.
Police and Multi-Agency Safeguarding Hubs
Multi-agency collaboration remains fundamental to effective protection. The police have specific safeguarding teams skilled in dealing with honour-based violence and forced marriage. These teams work in close partnership with local authorities, schools, and healthcare workers.
Many areas in England and Wales have established Multi-Agency Safeguarding Hubs (MASH). These hubs facilitate information sharing between professionals and ensure that no case falls through the cracks due to a lack of coordination. In cases of imminent risk, police can issue port alerts to prevent a child from being taken out of the country, and airports are under instruction to cooperate fully with these measures.
Moreover, the specialist Forced Marriage Unit (FMU), a joint initiative between the Home Office and the Foreign, Commonwealth and Development Office, also plays a pivotal role. Although its work straddles government departments, it liaises closely with local safeguarding teams in England and Wales and provides extensive guidance and training.
Victims Without Parental Support
Children who are at risk of forced marriage often face betrayal from the very people who should be looking after them, their own parents. For these children, fleeing the family can mean becoming destitute and cut off from their support systems. In such cases, family law courts and local authorities must work together to ensure that the child is not only legally protected but also practically supported.
Family law proceedings will often require consideration of where the child will live, who will have parental responsibility, and what degree of contact, if any, will be permitted with family members. Courts must weigh the child’s emotional need for familial contact against the risk of manipulation or continued pressure to marry. These are finely balanced judgments, often involving expert psychological input.
Accommodation may be arranged through looked-after-child provisions, and specialist refuges for young victims of forced marriage are also available in certain regions. These offer both safe housing and culturally sensitive support, which recognises the deep conflict a child may feel between self-preservation and loyalty to their family institutions.
The Intersection of Immigration and Family Law
In some situations, forced marriage is intertwined with immigration control. For example, a child or young person with an insecure immigration status may be coerced into marriage to obtain a visa or legal status. Conversely, UK-based children might be taken abroad and married off to foreign nationals to sponsor a visa application.
Family courts have become increasingly alert to these dynamics. When an FMPO identifies a potential immigration component, the court can liaise with the Home Office to ensure that visa applications are examined rigorously. Conversely, victims who need to regularise their stay to escape abuse can seek leave to remain in the UK on human rights or humanitarian grounds.
Legal representation in such cases plays an indispensable role. Solicitors with backgrounds in family and immigration law can provide holistic advice, ensuring the child’s compound vulnerabilities are not overlooked in the maze of legal process.
Conclusion
The law of England and Wales provides a wide and adaptable suite of legal tools aimed at protecting children both at risk of forced marriage and already affected by it. From FMPOs and care proceedings to police involvement and educational outreach, each part of the system contributes a vital piece to a holistic safeguarding architecture.
But the effectiveness of these frameworks ultimately depends on awareness, accessibility, and practical implementation. Frontline professionals must be alert to the telltale signs, and victims must feel empowered to disclose abuse and believe that the state will act in their best interests.
Forced marriage is not merely a private family matter; it is a violation of human rights and a crime. With a vigilant and compassionate application of family law, children at risk can be helped to regain safety, autonomy, and hope for a future they choose for themselves.