SET Safeguarding Board Proposal - Essex Safeguarding Adult Board

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:
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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.
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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
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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:
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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
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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:
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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
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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:
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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:
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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
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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
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6.0
Domestic Abuse
Child Abuse
Missing persons
Other relevant policies / Procedures to be listed here
Information Sources
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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:
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