FGM and local authorities
Charlotte Baker looks at the important role of local authorities in tackling FGM.
FGM is a serious form of child abuse, and a violation of a person’s right to be protected from torture or other cruel, inhuman and degrading treatment. It is an excruciatingly painful assault which places the victim at risk of death, as well as carrying with it other significant physical and health risks that endure well beyond the process itself. The psychological consequences are unquantifiable and for many, scarcely imaginable. It has rightly been recognised by the Family Court as heinous and abhorrent practice, and one which is impossible to justify, albeit some people seek to support it based on a belief that it brings status and respect to the girl, preserves their chastity, and is a rite of passage necessary for social acceptance.[1] There is a global ambition to end FGM by 2030, which is fast approaching, and a target which many fear will be missed.[2]
FGM has been a criminal in England & Wales since 1985.[3] In 2003, the Female Genital Mutilation Act made it a criminal offence when undertaken abroad, too. Notwithstanding the existence of this legislation, the first successful prosecution for FGM was not until 2019, and the second was only in October 2023 when Amina Noor was convicted of assisting a non-UK person to mutilate a defendant, following an investigation commenced in 2018.[4] This latter prosecution is the first so far for FGM offences committed abroad.
Much can be said about the dearth of prosecutions for FGM, but as important is focussing on how we best protect women and girls so that they are not subjected to this atrocity in the first place. As with many instances of violence against women and girls, the first port of call for real-time, effective and bespoke protection is the Family Court.
Since 2015, the Family Court has had the power to make FGM Protection Orders (“FGMPOs)”, breach of which is a criminal offence.[5] These are discretionary orders which can be made either to protect a girl from suffering FGM, or to protect a girl who has already suffered FGM. The provisions are very broad, and the Act itself does not provide much guidance as to the approach the court should take when determining whether and how to exercise its powers, but that gap has been filled by judgments in the Family Court, see Re X (Female Genital Mutilation Protection Order No.2) [2019] EWHC 1990,[6] which sets out a framework for risk assessment drawing from contextual “macro” factors, balanced with individual “micro” factors, and emphasising the importance of risk assessment being an ongoing and dynamic process.
The Family Court’s protection however, can only be deployed if someone brings the matter before the court. That is where local authorities come in. They are a “relevant third party” for the purposes of making FGMPO applications and so have available to them the means of protecting those who are at risk of or have suffered FGM, but only if they can first identify who requires protection. That is not always straightforward. We know that only very few applications for FGMPOs are made each year (there were only 54 applications in 2022),[7] and yet the government estimates that approximately 60,000 girls in the UK under the age of 15 are at risk of FGM.[8]
Key to all of this is a careful and nuanced understanding of the relevant macro and micro factors, underpinned by excellent multi-agency working. In 2015, mandatory reporting provisions were imposed on health and social care professionals as well as teachers in England & Wales who are informed of or observe FGM themselves, but that is no replacement for a properly nuanced understanding of what might be an indicator of FGM, nor how concerns should be dealt with when they arise. As we see from the prosecution of Amina Noor, the offence itself only came to light because the victim confided in her teacher when she was 16. It is not at all surprising that girls – especially those who come from families where FGM is viewed as a legitimate cultural practice – confide in the trusted adults they see in school every day about the things they have experienced or things they are worried might happen. They may not have anyone else to go to. By that time, it might be too late for them to be protected from FGM itself, but there may be other sisters or cousins or extended family members who can be protected, if properly identified and addressed.
Charlotte Baker is a barrister at 4PB.
[1] https://www.bailii.org/ew/cases/EWHC/Fam/2019/1990.html#para14 at [§17]
[2] https://www.unicef.org/press-releases/world-will-miss-target-ending-fgm-2030-without-urgent-action-including-men-and-boys
[3] The Prohibition of Female Circumcision Act 1985
[4] See CPS press release.
[5] Introduced by by the Serious Crime Act 2015
[6] https://www.bailii.org/ew/cases/EWHC/Fam/2019/1990.html
[7] See the Family Court Statistics Quarterly: April to June 2023, available here: https://www.gov.uk/government/statistics/family-court-statistics-quarterly-april-to-june-2023.
[8] https://www.gov.uk/guidance/female-genital-mutilation-fgm-migrant-health-guide#prevalence-of-fgm
