Forced Marriage Protection Orders

Forced marriage iStock 000007497738XSmall 146x219Carolyn Whaymand looks at the ability of local authorities to obtain forced marriage protection orders and recent legislative changes.

Forced Marriage Protection Orders came into force some years ago in 2007 to give local authorities the powers to seek protection for vulnerable adults and children without first having to seek leave of the court.

The orders can be used to prevent anyone entering into any arrangements for engagement or marriage, seize passports to stop someone from being taken abroad and reveal the whereabouts of a person.

Newer legislation which came into force earlier this year, has sought to strengthen those powers. Under the Anti-social Behaviour, Crime and Policing Act 2014 it is now a criminal offence to force someone to marry. This includes:

  • Taking someone  overseas  to  force  them  to  marry  (whether  or  not  the  forced marriage takes place);
  • Marrying  someone  who  lacks  the  mental  capacity  to  consent  to  the  marriage (whether they’re pressured to or not);
  • Breaching a Forced Marriage Protection Order is also a criminal offence;
  • The civil remedy of obtaining a Forced Marriage Protection Order through the family courts will  continue to exist alongside the new criminal offence, so victims can choose how they wish to be assisted;
  • Forcing someone to marry can result in a sentence of up to seven years in prison;
  • Disobeying a Forced Marriage Protection Order can result in a sentence of up to five years in prison.

Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order. Third parties, such as relatives, friends, voluntary workers and police officers, can also apply for a protection order with the leave of the court.

There are specially designated County Courts, 15 in total, which deal with applications and make orders to prevent forced marriages. They have special procedures in place around secrecy and security to ensure privacy around any application being made.

There is detailed guidance on forced marriage, the court process and guidance for local authorities and relevant third parties which sets out the relatively simply process of applying for a Forced Marriage Protection Order.

How it works in practice

Shortly after the legislation came into force, I was instructed to apply for an urgent order. Clients had been told about a service user who had very limited ability, was non-verbal and totally dependent on her family. The family had been on holiday and mentioned that they were in discussions around arranging a marriage. An urgent meeting was held which included the police and the concerns were taken extremely seriously. The police were clear that they needed to obtain DNA evidence in case someone was trying to leave the country under an alternative identity or in the worst case; they needed to identify a body. All members of the meeting were very clear how serious these cases can be and that agencies actions need to be fast and co-ordinated.

The application was drafted and lodged with the court within 24 hours and the designated County Court listed it for hearing immediately. The application was ex-parte and in the judge's own words, we needed to act immediately and ask questions later once the person’s safety was secured.

The order was agreed and a sealed copy was made available immediately. The police and the social worker then executed the order which meant removing the service user to a place of safety and confiscating all passports.

Investigations were undertaken very quickly which meant interviewing the family and friends and re-interviewing the initial source of information. It became clear that the arranged marriage was for a family member (not the service user) and that there was not going to be a forced marriage of someone who lacked the capacity to consent. Once the local authority was satisfied that the service user was safe, she returned to her family and the application was withdrawn.

The local authority sought to minimise the traumatic experience for the family as far as possible, but it is clear that the order is very draconian. However, had this been a genuine case of Forced Marriage the outcome for the service user could have been very different.

Carolyn Whaymand is a Senior Solicitor in the People Department at Essex Legal Services. She can be contacted on 03330 139613 or This email address is being protected from spambots. You need JavaScript enabled to view it..