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Tendring District Council (TDC) is committed to:
This policy sets out the roles and responsibilities of Tendring District Council, in working together with other professionals and agencies in promoting children and adult’s welfare for those at risk of HBA. This policy is intended to support staff, working within Tendring District Council, and should be read in conjunction with other relevant HR policies and procedures, for example, Safeguarding; Domestic Violence in the Workplace; and the Equality and Diversity Policy. Staff should also be aware of any new policies that are implemented that may be relevant.
This policy applies to all staff that are employed, commissioned or contracted to work on behalf of TendringDistrict Council. This includes staff working in either a paid or unpaid capacity, whether permanent, seconded or temporary, in all settings whatever their position, role, or responsibilities. Staff have a duty to report any child protection, or welfare concerns and should follow the instructions outlined in the council’s ‘Safeguarding Policy and Procedures’, which can be found on the Intranet, in the ‘Safeguarding’ section.
“A crime or incident, which has or may have been committed, to protect or defend the honour of the family and or community.”
Home Office and Foreign Commonwealth Offices (FCO) Definition.
The Home Office and Foreign Commonwealth Offices (FCO) have nationally agreed the term ‘Honour Based Abuse’ as a recognised term, describing cultural justifications for violence and abuse. ‘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. Violence and abuse, in the name of honour, covers a variety of behaviours (including crimes) mainly, but not exclusively, against females, where the person is being punished by their family and/or community for a perceived transgression against the ‘honour’ of the family or community. This includes:
Some of the behaviours may be the same as those used in domestic abuse (e.g. physical attacks, threats, intimidation and isolation), and staff should be mindful of this. However, violence and abuse in the name of honour is a different issue, not least because the perpetrators are likely to be family members (and/or the wider community) rather than partners, though for teenagers it could be both. A child or adult who is at risk of abuse in the name of honour is at significant risk of physical harm (including being murdered) and/or neglected and may also suffer significant emotional harm, through the threat of violence or witnessing abuse directed towards a sibling or other family member. Murders in the name of honour are often the culmination of a series of events over a period of time and are planned. There is usually a degree of premeditation, family conspiracy and a belief that the victim deserved to die.
Forced Marriage is a marriage where one or both persons do not (or, in the case of some adults with learning or physical disabilities, cannot) consent to the marriage and duress is involved. It is:
“A marriage conducted without the valid consent of both parties, where duress is a factor” “A Choice by Right” HM Government 2000.
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 or emotional (e.g. when someone is made to feel like they have brought ‘shame’ on the family). Forced marriage is an abuse of human rights and a form of domestic abuse and child abuse. Duress can also include psychological, sexual, and financial pressure. Consent is essential to all marriages – only the spouses will know if they gave consent freely. There is a clear distinction between a forced marriage and an arranged marriage. In arranged marriages, the families of both spouses take a leading role in arranging the marriage but the choice whether or not to accept the arrangement remains with the prospective spouses. If families have to resort to violence or emotional pressure to make someone marry, that person’s consent has not been given freely and therefore it is a forced marriage. Forced marriages can occur in this country or abroad, often in their country of origin. 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.’
Female genital mutilation (FGM) is a collective term for illegal procedures which include the removal of part or all external female genitalia for cultural or other non-therapeutic reasons. The practice is not required by any religion and is medically unnecessary, painful and has serious health consequences at the time it is carried out and in later life. The procedure is typically performed on girls of any age, but is also performed on new-borns and on young women before marriage, or pregnancy. A number of girls die as a direct result of the procedure, either from blood loss or infection. Female genital mutilation may be practised illegally by doctors or traditional health workers in the UK, or girls may be sent abroad for the operation.
Staff should be aware that a child or adult could be the victim of violence and/or abuse in the name of honour for what an outside person may perceive to be a ‘minor’ issue. Behaviours that could be seen to transgress concepts of honour include: (this is not an exhaustive list)
Both men and women facing forced marriage may become anxious, depressed and emotionally withdrawn with low self-esteem. They may come to the attention of staff for a variety of reasons, some of which are listed here:
These warning signs may indicate other types of abuse that will also require a multi-agency response. There have been occasions when women have presented less common warning signs such as cut or shaved hair as a form of punishment for disobeying or, perhaps, ‘dishonouring’ her family. In some cases, a girl may report that she has been taken to the doctors to be examined to see if she is a virgin.
In certain communities, there is a cultural expectation that women undergo female genital mutilation (FGM) before being able to marry - usually this will be performed during childhood, but there have been reports of young girls or young women undergoing FGM just before a forced marriage. FGM has been illegal in the UK since 1985 and it is also a criminal offence to take someone overseas for the purpose of FGM. Indications that FGM may be about to take place include:
A child may be considered at risk, if it is known older girls in the family have been subject to the procedure. Pre-pubescent girls of 7 to 10 are the main subjects, though the practice has been reported in babies. Suspicions may arise if a family is known to belong to a community in which FGM is practised and are making preparations for the child to take a holiday, arranging vaccinations or planning school absence. Indications that FGM may have already occurred include:
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. Any disclosure of violence or abuse against a child or adult in the name of honour should be treated equally as seriously as any other suspicion or disclosure or significant harm against a child or adult. However, there are significant differences in the immediate response required. 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’ ie. staff may only have one chance to speak to the potential victim and thus they may only have one chance to save a life. It may be the 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. Staff working within statutory agencies needs to be aware of their responsibilities and obligations when they come across these cases. If the victim is allowed to walk out of the door without support being offered, that one chance might be wasted.
Unless given explicit permission from the person at risk, staff should not involve that person’s family during their initial investigation or if they decide to raise a safeguarding alert. This includes visiting the family to ask them whether they are intending to force their child to marry or writing a letter to the victim at their family home requesting a meeting about their allegation that they are being forced to marry. This may increase the risk of serious harm to the victim:
Staff should deal with any claim of HBA in the same way as other safeguarding alerts and refer to the council’s Safeguarding Policy and Procedures. However, there are some issues staff need to bear in mind. Under no circumstances should staff:
Council staff are not responsible for carrying out investigations into offences, but need to understand how to signpost those at risk to the relevant agencies in a timely and appropriate manner. Any offences that are related to HBA 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. Alleged victims should be managed by a person with specialist knowledge and understanding wherever possible with regards to their welfare, risk assessment and monitoring.
Serious consideration must be given to how any information relating to Honour Based 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.Access to information should be restricted to members of the Safeguarding Team and Safeguarding Designated Officers only, to ensure strict confidentiality. Staff should always consider who they share information with, at any level, and only provide information on a need to know basis. Accurate record keeping in all cases of violence and/or abuse in the name of honour is important.
Forced Marriage became a criminal offence in June 2014. The key elements are:
1. A person commits an offence in England and Wales if he or she:
2. In relation to a victim who lacks capacity to consent to marriage, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form of coercion).
3. A person commits an offence in England and Wales if he or she practises any form of deception with the intention of causing another person to leave the United Kingdom and intends the other person to be subjected to conduct outside the UK that is an offence under subsection (1) or would be an offence under that subsection if the victim were in England or Wales.
4. It is an offence to breach a Forced Marriage Protection Order (FMPO).
Perpetrators – usually parents or family members – could also be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, theft (of passport), threats to kill, imprisonment or murder. Sexual intercourse without consent is rape, regardless of whether this occurs within a marriage or not. A woman who is forced into marriage is likely to be raped, and may be raped until she becomes pregnant.
There are a number of civil and family orders that can be made to protect those threatened with, or who are already in, a forced marriage. For children, an application for a care or supervision order can be made under the Children Act 1989 or wardship proceedings maybe issued in the high court.
Adults can seek an order for protection from harassment or non-molestation. Forced Marriage Protection Orders (FMPO) can also be sought under the Forced Marriage (Civil Protection) Act 2007. The Act makes provision for protecting both adults and children at risk of being forced into marriage and offers protection for those who have already been forced into marriage. The terms of orders issued under the Act can be tailored to meet the specific needs of victims. In cases involving children, FMPOs can be used alongside wardship. FGM is illegal in this country by the Female Genital Mutilation Act 2003, except on specific physical and mental health grounds. It is an offence to:
Staff should receive HBA awareness training at a level according to their role which should be refreshed at least every three years.
Employees should be aware that abuse is a serious matter that can lead to a criminal conviction. Where applicable the council’s Disciplinary Policy or Safeguarding Policy should be implemented.
The Council’s LADO (Local Authority Designated Officer – currently Chris Holmes) will be responsible for monitoring this policy which will be reviewed annually.
Staff may only have ONE CHANCE to intervene and should bear in mind the following points during first contact wherever possible. Staff should:
Staff are not to investigate, but gather just enough information to pass on to the Police in order for them to determine who to send out. For example: