Title: Honour based abuse/forced marriage and female genital mutilation practice guidance Key Objective: To provide guidance to all professionals who work with children or vulnerable adults for dealing with potential or actual cases of honour based abuse/forced marriage/female genital mutilation. V1 Sept 2011 1.0 About this guidance/procedure This guidance/procedure explains how (Organisation name) will approach the reporting, recording and investigation of Honour Based Abuse (HBA) incidents, including forced marriage. HBA can manifest in many different ways and often presents with accompanying criminal offences, domestic abuse or the civil offence of forced marriage. In order for staff to deal with incidents related to ‘honour’ within a family or community, it is important that they have an understanding of the issues that may affect their enquiries or investigation. Awareness can be gained from the (insert relevant website(s) This guidance is primarily directed at: List of staff roles guidance applies to If incidents include domestic abuse, missing persons, child abuse or other serious crime then it should be read in conjunction with the relevant polices and procedure on these subjects. The attached appendices to this guidance cover the additional responsibilities of specific departments and specialists within the organisation. 2.0 Risk Assessments/Health and Safety Considerations There are no specific risk assessment or health and safety considerations for staff when following this procedure. If this procedure is not complied with, (Organisation name) could be vulnerable to criticism or litigation for not putting effective measures and practices into place. Operationally all staff must be aware that actions taken that may be considered as ‘usual practice’ may increase the risk of harm or consequences to the victim, from their family or the wider community. Every initial report should be treated under the ‘One Chance Rule’, this means it may be your only chance to intervene and assist and all actions that can be completed should be at the first meeting. All discussions and decisions made at this and any subsequent meetings must be documented. Examples include, but are not limited to; visiting the victims family home, a male member of staff taking a female victim into a separate room within a family home on their own; returning a missing person home or updating the family of a missing person of their whereabouts or intentions. V1 Sept 2011 It must be noted that some people are at such high risk of harm from family and community that such measures as police intervention to carry out Osman Warnings or Witness Protection may need to be considered. In all cases or suspected cases involving ‘honour’, early advice must be sought from the organisational specialist. 3.0 Procedure The Home Office and Foreign and Commonwealth Offices (FCO) have nationally agreed the term ‘Honour Based Abuse’ as a recognised term describing cultural justifications for violence and abuse. 3.1 Home Office and FCO Definition “A crime or incident, which has or may have been committed, to protect or defend the honour of the family and or community.” ‘Honour’ is normally associated with cultures and communities from Asia, the Middle East and Africa as well as the Travelling Community. In reality it cuts across all cultures, nationalities, faith groups and communities and transcends national and international boundaries. The ‘honour code’ means that women generally, but sometimes males, must follow rules that are set at the discretion of the male relations and which are interpreted according to what each male family or community member considers acceptable. Breaking the rules is seen as destroying the good name of the family or community, and is deserving of punishment at the discretion of male relatives or the wider community. Perpetrators arrange and commit offences of assault, kidnap, abduction, neglect, false imprisonment and murder and staff should remain vigilant that victims of these crimes may also be victims of honour based violence. In addition some victims may seek to raise their profile to outside agencies by attention seeking behaviour such as self harm, attempted suicide or going missing, all of which are forms of ‘escaping’ from their situation. HBA has the potential to manifest itself in many ways. It may not be instantly identified to officers but be an underlying reason for original contact. Whenever ‘Honour’ is suspected the following list (although not exhaustive) should be regarded as good practice. 3.2 V1 Sept 2011 First Steps Staff should bear in mind they may only have one chance to intervene and should aim to establish the following during the first contact: Establish the immediate safety of the complainant; Reassure complainant about confidentiality; Identify any other family or community members who maybe at risk following their contact; Establish the current whereabouts of the complainant and whether they are able to speak in a safe and secure environment; If the services of an interpreter are required always consider language line and do not use family or community members; Recognise and record their wishes; Identify any offences or potential offences; Consider any available opportunities to secure forensic evidence; Inform the Duty Manager as soon as possible; Establish methods of continued ‘safe contact’ i.e. safe mobile numbers or at their place of work; Appoint a SPOC (Single point of contact); Consider volunteer fingerprints, photograph and DNA samples (contact your local police for further advice and information); Complete a DASH risk assessment; Carry out a general safety plan. If in doubt contact a supervisor / manager / organisational specialist for assistance; Complete information checks; Obtain details of their family tree; Consider methods for any evidential / further interviews; Establish any links to locations both in the UK and abroad; Consider any personal items the victim may need to retain, in particular identity documentation i.e. passports; Have they any travel plans in the near future; It may be that persons will not engage with statutory agencies including XXXXXXX in relation to any further action being taken. Persons should still be encouraged to assess their safety and assisted with any necessary safety planning. Details of other agencies that may offer them assistance or advice should also be provided. Staff are advised to seek specialist advice if unsure from the Organisational HBA co-ordinator or specialist. 3.3 Recording of Information Serious consideration must be given to how any information relating to Honour Abuse is recorded and stored. Families and communities can be very resourceful and there are a number of instances where police records have been infiltrated and information gained. Use usual systems (Name of relevant recording system). to record basic details. The basic details should include name, dates of birth and V1 Sept 2011 a short description of the incident, or allegation. They should then state that it involves ‘Honour Abuse’ and enquirers referred on to a SPOC. These systems should not be used to record ongoing investigative details or the minute by minute management of the investigation. Management of ongoing incidents and investigations must be recorded in a secure and organisationally agreed manner. NEVER record safe contact numbers or safe addresses on computer systems. Consideration should be given to restricting access to the information. Always consider who you share information with at any level and only provide information on a need to know basis. 3.4 Contact with Communities and Families Avoid interaction with families of any complainant, they will try to get information from agencies and try to get to the complainant to deal with the matter ‘within the family’; Do not engage with community groups to prepare family and community information or to gain further information about the case. 3.5 Escaping Honour Based Abuse Persons seeking to escape honour based abuse may contact (Organisation name) before doing so. Where that occurs staff should ensure they: Obtain details and record them appropriately (TO be decided by each agency on how this would be recorded) Apply warning marker of ‘safe and well, do not disclose any information to family or community members’; DO NOT put on a computer record any details of safe contact numbers or safe accommodation; The entry should record a Single Point of Contact (SPOC) for any enquiries about the person; Make arrangements for a safe place to stay, consider refuge and also assistance from other agencies; Consider whether the risk is such that photograph, fingerprint and DNA is required (Contact your local Police Domestic Abuse and Safeguarding Team for further information on how this can be done); Complete DASH risk assessment questions; Provide details of other agencies that may also offer support; V1 Sept 2011 Consider contacting the police to notify them of the fact that the individual may be reported missing and that they may be subject to HBA or FM. If person is subsequently reported as missing, respond as normal and complete relevant information. Do not disclose location of person or that they have been in contact. Consider other suggestions from the First Steps outlined in 3.2 above. 3.6 Person Making Allegations of Honour Based Abuse If a person makes allegations against any members of their family or community, it may put them at a heightened risk of abuse. The family or community are unlikely to support them and may seek to punish them or apply such pressure to force them to withdraw allegations. Any investigation will have to proceed in such a way as to offer as much protection as required to the aggrieved, and risk assessment and monitoring will become a vital part of ensuring their continuing safety. Staff should refer to 3.2 first steps as above. Ensure any records made are kept secure, only brief details to be added to computer records, but always providing details of who is the SPOC or where further details can be obtained. Remember to use any relevant tags or markers for ‘Honour Abuse’ and never put details of safe contact numbers or safe addresses or locations on computer systems. 3.7 Investigating Honour Based Abuse Any investigation into offences that are related to the ‘honour based abuse’ may present unique problems and need a different approach in the investigative strategy. It may be that consideration should be given to presenting some evidence or information about the ‘honour system’ alongside the case to explain what may be behind the commission of offences. Help with this aspect can be sought from the Organisations Honour Based Abuse Co-ordinator Specialists. Begin any investigation by using the First Steps guidance as outlined in 3.2. Alleged victims should be managed by a person with specialist knowledge and understanding where ever possible with regards to their welfare, risk assessment and monitoring. Staff must ensure that all paperwork relating to the investigation is kept under lock and key, with very limited access. V1 Sept 2011 Staff responsible for the management of the victim should ensure that any domestic abuse reports comply with the organisational policies on managing and recording domestic incidents. Details of any further action or contacts should be recorded and kept in a folder entitled with the subjects reference number. All papers relating to the subject should be added to this folder making sure each is timed, dated and attributed to an author. Entries should be kept in a consecutive order. If the file becomes complicated or unwieldy then a current situation report should be completed and placed at the front of the documentation. 3.8 Forced Marriage Marriage within communities that believe protecting the ‘honour’ of their family are a significant event. Marriage contracts will often be drawn up when children are young and are seen as a binding arrangement between the two families. If one or both parties then seek to disengage from the contract it is seen as bringing great shame on the family and very contentious. The pressure put on people to marry against their will can be physical (including threats of or actual physical violence) or emotional (for example, when someone is made to feel like they have brought ‘shame’ on the family). Forced marriages can occur in this country or abroad, often in their country of origin. Children or adults with learning disabilities are at risk of forced marriage as parents use it as a means of ensuring they are cared for or used as a means of ensuring a person’s entry to the UK. For additional information refer to Forced Marriage and Learning Disabilities: MultiAgency Practice Guidelines For extra information and guidance refer to the Multi-Agency Practice Guidelines: Handling cases of Forced Marriage issued by the Foreign and Commonwealth Office. A recent but, increasing trend is also for males and females who are, or believed to be anything other than heterosexual to be forced into marriage to ‘mend their ways.’ Forced marriage is an abuse of human rights and a form of domestic abuse and child abuse. Definition of Forced Marriage ‘Forced Marriage is a marriage where one or both persons do not (or, in the case of some adults with learning or physical V1 Sept 2011 disabilities, cannot) consent to the marriage and duress is involved. Duress includes physical, psychological, financial, sexual and emotional pressure. This is NOT the same as an arranged marriage where families take a lead in selecting a marriage partner but the couple have the free will and choice to accept or decline the arrangement. Every victim of a forced marriage who rejects the marriage will be vulnerable and at risk. They may face physical and psychological abuse, assault and even death from their own families or communities. On receipt of a report concerning forced marriage, staff should consult the First Steps as set out in 3.2 above. If a forced marriage is impending then consider a Forced Marriage Protection Order. 3.8.1 Forced Marriage Protection Order (FMPO) Where the marriage is impending or suspected, staff should: Complete the First Steps as set out in 3.2; Consider taking a Forced Marriage Protection Order; Refer any case involving juveniles to Children’s Social Care; Refer vulnerable adults for example those with learning disabilities to Adult Safeguarding via a safeguarding alert. The numbers for Southend, Essex and Thurrock Safeguarding Teams can be found via the Essex Safeguarding Adults Board website, Southend Safeguarding Vulnerable Adults Board website and Thurrock Safeguarding Vulnerable Adults website ; It must be explained to the complainant that although we can withhold addresses and contact details the orders will be served on relevant parties, so they will know what has been said. In reality those that take out a Forced Marriage Protection Order will often have no option but to leave home. A statement should be taken from the complainant including details of: Family history and lifestyle, include details of how the ‘honour system’ operates in their family; Any arrangements for the forced marriage, such as where and when it is due to take place (if known) and any supporting evidence such as travel bookings; Location (if known) of their passport, (consider that if they are dual nationality there may be two.) If available consider seizing them for safekeeping; V1 Sept 2011 If there has been any violence or threats, describe the perceived threat they feel under (this is especially important when considering any powers of arrest to attach to the order); Include details of how they want the court to protect them e.g. stop them from being taken abroad to enter into a forced marriage. At the same time as arranging for a statement to be obtained, contact should be made with the Organisations Solicitors Office and put them on notice that a Forced Marriage Protection Order is being sought and provide them with basic details. Southend, Essex and Thurrock Council legal teams are aware of Forced Marriage Protection orders and the processes which should be followed to obtain one, advice can be sought from these teams. A Forced Marriage Protection Order is a civil order and much of the work after the statement has been obtained will fall to one of the relevant solicitors. A representative from the Legal Team will provide instructions as to how to proceed once the statement has been obtained. Consideration must be given to any court appearances by the complainant; they may be required to give oral evidence during any hearings. A court appearance may present further risks to the complainant and consideration should be given to requesting protective measures e.g. video links or screens, as soon as possible. A full risk assessment must be completed on the complainant using the DASH model, and this should be re-visited at the time of any court hearings. The court has several options ranging from a binding agreement between the parties involved, to an order with a power of arrest if it is breached. Advice is also readily available from the Forced Marriage Unit at the Foreign and Commonwealth Office. 3.8.2 Forced Marriage Already Taken Place If a forced marriage has already taken place, staff should consider any relevant points as set out in First Steps 3.2 above. If the person is in the UK and wants to flee the marriage, staff should refer to 3.5 Escaping Honour Based Abuse. If the person is outside of the UK, obtain as much detail as possible and consider a safe method of contact. Pass all details to the Forced Marriage Unit at the Foreign and Commonwealth Office. Tel: 0207 008 0151 or email [email protected]. Notify Safeguarding Adults Lead for adults or Safeguarding Children lead if juvenile involved. V1 Sept 2011 3.8.3 Report of a Forced Marriage by a Third Party Consider First Steps as outlined at 3.2 including any risk that the ‘third party’ may have put themselves in by reporting. If the person subject of the forced marriage is believed to be in this country, attempts should be made to contact them. (This should be arranged to be done in such a way as to make it as safe as possible for the person involved). If contact is established, assistance should be offered to escape. If the marriage is believed to have taken place abroad and the person(s) are still abroad, as much detail as possible should be obtained and then contact made with the Forced Marriage Unit at the Foreign and Commonwealth Office Tel: 0207 008 0151 or email [email protected] who will make efforts to trace the person(s) ensure they are safe and arrange their repatriation if requested. 4.0 Monitoring and Review This procedure will be reviewed by or on behalf of the Head of (Insert relevant department) within 12 months of the date of publication to ensure that it remains accurate and fit for purpose. Honour Based Abuse cases will be monitored by (insert nominated role / job title) 5.0 Related Policies / Procedures 6.0 Domestic Abuse Child Abuse Missing persons Other relevant policies / Procedures to be listed here Information Sources Multi- Agency practice guidelines Handling Cases of Forced Marriage - HM Government Foreign and Commonwealth Office. Multi- Agency practice guidelines Forced Marriage and Learning Disabilities - HM Government Foreign and Commonwealth Office. Domestic Abuse, Stalking, Harassment and Honour Based Abuse risk assessment and guidance. ‘Policing Domestic Violence’ Blackstone’ Practical Policing. Policy / Procedure Author: Policy / Procedure Owner: Cancellations: V1 Sept 2011
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