Understanding forced marriage protection orders in the UK

ABSTRACT

This article examines the use of Forced Marriage Protection Orders (FMPOs) in England and Wales to determine which framing narratives affect the outcomes of FMPO cases. Forced marriage is marriage without the consent of one or both parties and is legally recognised as a form of domestic violence in the UK that primarily affects women and girls; FMPOs are civil injunctions designed to prevent forced marriage and protect its victims. Although approximately 200–250 FMPOs have been granted annually across Northern Ireland, England and Wales since 2014, little is known about how the legislation functions. This study used a qualitative socio-legal approach to understand the application and interpretation of the law and the broader socio-political context that shapes this process. It analysed 33 FMPO-related judgements, finding that perceptions of culture, consent, disability and victim credibility influenced how evidence was interpreted and how forced marriage was constructed. It also examined case outcomes and found that FMPOs were breached in a substantial minority of cases and that victims with disabilities faced significant barriers to justice. The study makes a number of recommendations to ensure that FMPOs can function effectively, such as providing training for judges and legal personnel and offering greater witness support.

KEYWORDS:

• Forced marriage case law
• coercion
• consent
• culture
• disability
• forced marriage protection orders
• victim credibility

Acknowledgments

Special thanks to Professor Emma Hitchings and Dr Mavis Maclean for constructive comments and insightful observations on earlier drafts. The original research reported in this paper was supported by the Nuffield Foundation [grant number JUS/43810].

Disclosure statement

No potential conflict of interest was reported by the author(s).

Additional information

Funding

This work was supported by the Nuffield Foundation [JUS/43810].