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Children as young as nine have been the subject of forced marriage protection orders

Children as young as nine have been the subject of forced marriage protection orders (FMPOs), research by The Times has revealed.

Orders were obtained for 86 females during the twelve months since the legislation was introduced, twice the expected number. Almost half (39) were children.

The Times’ research comes just weeks after the publication of a Ministry of Justice report on the workings of the new legislation.

The MoJ review found that, in contrast to the police, some local authorities were reluctant to use the powers the Forced Marriages Act of 2007 gives them.

“There is [also] a lack of clarity about the boundaries between care proceedings under the Children Act, Court of Protection cases and forced marriage cases,” it said, adding that the Act did not sit well with social services working methods.

The review also found there was:

•    a low level of knowledge of the legislation
•    a continuing need for publicity within communities and better interagency cooperation
•    a “surprising” geographical distribution, with just three of the designated courts responsible for 51 out of the 64 orders then recorded
•    the process is thought to be straightforward to use, with judges and court staff becoming familiar with the process and developing standard templates.

Common prohibitive orders include forbidding the respondent/s from removing the person (or the person to be protected) from the jurisdiction, applying for a passport/travel document for them or entering into any arrangements in relation to the engagement or marriage of that person. The respondent/s can also be required to surrender the victim’s passport, return them to the jurisdiction of England and Wales or allow them to be interviewed by a member of the British High Commission.

On 1 November 2009, local authorities were designated a “relevant third party”, allowing them to apply for an FMPO on behalf of the victim without first requiring leave of the court.