Forced Marriage and FGM Protection Orders — civil and criminal routes
The civil-protection toolkit (Forced Marriage Protection Orders and FGM Protection Orders) and the criminal offences for forced marriage and female genital mutilation. Includes safeguarding duties, ex parte applications, and routes through the Family Court and the criminal justice system.
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Forced marriage and female genital mutilation (FGM) are forms of gender-based violence with both civil-protection and criminal-justice responses. The Forced Marriage (Civil Protection) Act 2007 inserted Part 4A into the Family Law Act 1996, giving the Family Court power to make Forced Marriage Protection Orders (FMPOs). The Anti-social Behaviour, Crime and Policing Act 2014 (s.121) made forced marriage a criminal offence punishable by up to 7 years' imprisonment. The Female Genital Mutilation Act 2003 criminalises FGM, attendance at FGM elsewhere by UK nationals or habitual residents, and assisting FGM; the Serious Crime Act 2015 inserted Schedule 2 to the 2003 Act, creating FGM Protection Orders (FGMPOs) on equivalent civil-protection lines. Both FMPOs and FGMPOs can be made ex parte (without notice to the respondent), for the protection of any person at risk, with extensive ancillary orders (passport surrender, no-contact, removal from the country). The Mandatory Reporting Duty in the FGM Act 2003 s.5B requires regulated healthcare, teaching, and social-work professionals to report known FGM in under-18s to the police. The Government Forced Marriage Unit (FMU), a joint Home Office / FCDO unit, runs a national helpline and operates internationally.
In Brief
Forced marriage and FGM can be addressed through civil-protection orders (FMPOs under Family Law Act 1996 Part 4A; FGMPOs under FGM Act 2003 Sch 2) or criminal prosecution (forced marriage under Anti-social Behaviour, Crime and Policing Act 2014 s.121; FGM under FGM Act 2003 ss.1-3). Protection orders can be made ex parte, include passport surrender and no-contact terms, and breach is itself a criminal offence. Regulated professionals have a mandatory reporting duty for FGM in under-18s.
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Forced marriage offence (Anti-social Behaviour, Crime and Policing Act 2014 s.121) — using violence, threats, or coercion to cause a person to enter into a marriage without free and full consent; or deceiving a person with intent to cause them to leave the UK to enter into a forced marriage. Up to 7 years' imprisonment.
Forced Marriage Protection Order (Family Law Act 1996 Part 4A) — Family Court may make an FMPO to protect a person from being forced into marriage or from any attempt. Available on application by the protected person, a relevant third party, or with permission. Ex parte orders possible.
Breach of FMPO (Anti-social Behaviour, Crime and Policing Act 2014 s.120) — criminal offence (up to 5 years' imprisonment) since 16 June 2014.
FGM offences (Female Genital Mutilation Act 2003 ss.1-3) — performing, assisting, or arranging FGM is an offence (max 14 years' imprisonment). Extra-territorial jurisdiction applies to UK nationals and habitual residents.
FGM Protection Order (Female Genital Mutilation Act 2003 Sch 2) — Family Court can make an FGMPO to protect a girl or woman from FGM; ex parte available; breach is a criminal offence up to 5 years' imprisonment.
Mandatory Reporting Duty (FGM Act 2003 s.5B) — regulated healthcare professionals, teachers, and social workers must report to the police when in the course of their work they identify FGM in a girl under 18, or where the girl tells them FGM has occurred.
Safeguarding — local authorities owe duties under the Children Act 1989 (children) and Care Act 2014 (vulnerable adults); the Forced Marriage Unit operates a 24/7 helpline (0207 008 0151) and provides rescue support for British nationals abroad.
Civil-criminal interaction — pursuing an FMPO/FGMPO does not preclude criminal prosecution. Survivors may choose civil-protection orders alone where a criminal case would be too traumatic or would put them at greater risk.
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Family Law Act 1996 (Part 4A — Forced Marriage)
Forced Marriage (Civil Protection) Act 2007
Anti-social Behaviour, Crime and Policing Act 2014
Female Genital Mutilation Act 2003
Serious Crime Act 2015
Achosion arweiniol
Re A (Forced Marriage: Special Advocates)
[2010] EWHC 2438 (Fam)
Re K (Forced Marriage: Passport Order)
[2020] EWHC 2606 (Fam)
Re B (A Child) (Care Proceedings: Threshold Criteria)
[2018] EWHC 1006 (Fam)
Frequently Asked Questions
Who can apply for a Forced Marriage Protection Order?
The person at risk themselves, a 'relevant third party' (which currently includes the local authority for the area where the protected person lives), or any other person with the permission of the court (Family Law Act 1996 s.63C). The Family Court will grant permission readily where there is genuine concern. Applications can be made ex parte (without notice to the alleged perpetrator) in urgent cases.
What does a Forced Marriage Protection Order do?
Whatever the court considers necessary to protect the person at risk. Common terms include: prohibiting any contact with named family members; ordering surrender of the protected person's passport AND any passports of relatives that might be used to remove them from the UK; orders not to apply for new passports; orders not to take the protected person abroad; orders not to attempt to arrange a marriage. Breach is a criminal offence (up to 5 years' imprisonment).
Is FGM still illegal if it is performed abroad?
Yes — FGM Act 2003 s.4 extends extraterritorial jurisdiction to UK nationals and habitual residents who perform, assist, or arrange FGM anywhere in the world. There have been few prosecutions (the first successful conviction was R v N in 2019 for FGM on a young child in London) but the offence is widely understood.
Do I have to report FGM if I'm a teacher or nurse?
Yes — the Mandatory Reporting Duty under FGM Act 2003 s.5B applies to regulated healthcare professionals, registered teachers, and registered social workers in England and Wales. The duty is to report to the police where, in the course of their work, they (a) identify FGM in a girl under 18, OR (b) the girl tells them she has had FGM. Failure to report is a disciplinary matter; the duty does not apply where the only knowledge comes from a colleague (the colleague themselves should report).
Can I get help from the UK government if a family member is being taken abroad to be married?
Yes. The Forced Marriage Unit (FMU) is a joint Home Office / FCDO team that can help — including emergency repatriation of British nationals — on its 24/7 helpline 020 7008 0151. The FMU advises on FMPOs, passport returns, refuges, and consular assistance abroad. Even where the person is already abroad, the FMU has assisted in rescuing victims from over 90 countries.
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