by Allan Norman
What is under review is the new Forced Marriage Protection Orders. The report reaches a specific conclusion that "the Act does not sit well with social services working methods", and before arriving at this conclusion describes how the Police have been the main agency seeking such protective orders, questions social services knowledge and understanding of the remedies, and records greater seriousness and urgency afforded by the Police to the issue of forced marriage.
I really like the way the guidance on forced marriage - like its predecessor before the new Act - opens with a page showing how clearly forced marriage is an abuse of human rights, including children's rights; and for me that very fact reinforces that it is a concern of social work.
New Court Orders
It is therefore hard to see why these Orders do not sit easily with social work. There seems to be a suggestion that social services may be uncomfortable with a new Court Order, but realistically, while social workers deliver residential and non-residential services, Court Orders are a routine part of our toolkit, an outcome we deliver. And we can do so urgently, so that it is hard to argue that we are not geared up to emergency work as the Police are, even though it is true that we often need to develop a long term relationship with families in a way that the Police do not.
Crossover between childrens and adult services
Another suggestion is that these Orders sit uncomfortably on the boundary between childhood and adulthood. Apparently, issues
Civil rather than criminal remedies
Criticisms have also been voiced that the remedies in the Act are civil rather than criminal remedies. But in this respect, the Act seems to me wise. Invoking the criminal law is certainly possible, and the guidance makes clear the extent and seriousness of likely criminal offences:
And anyway, all social work's protective work, with children and vulnerable adults, is carried out to a civil standard in civil jurisdictions. What seems truly curious is the Police taking the lead in civil, protective work, when our joint working normally has the Police focussing on criminal proceedings against offenders and us focussing on civil proceedings for survivors.
I am left wondering whether 'social work bashing' is the exact opposite of the truth: the suggestion that these Orders do not sit easily with social work's methods offers an excuse for social work's reticence when in reality there is none.
New Court Orders
It is therefore hard to see why these Orders do not sit easily with social work. There seems to be a suggestion that social services may be uncomfortable with a new Court Order, but realistically, while social workers deliver residential and non-residential services, Court Orders are a routine part of our toolkit, an outcome we deliver. And we can do so urgently, so that it is hard to argue that we are not geared up to emergency work as the Police are, even though it is true that we often need to develop a long term relationship with families in a way that the Police do not.
Crossover between childrens and adult services
Another suggestion is that these Orders sit uncomfortably on the boundary between childhood and adulthood. Apparently, issues
But the boundaries between childhood and adulthood are also a frequent issue in social work. Other issues at these boundaries include, at least, the need for effective transition of children with disabilities moving to adulthood; age disputes relating to unaccompanied asylum seeking children in the care of social services; the leaving care provisions that extend into adulthood; and the intergenerational work required when vulnerable adults have children at risk of harm. The strict regimentation of social work into adult services and childrens services is inconvenient when real life is more of a continuum. But it should not be a problem that social work is unable to address."have centred on how to offer ongoing assessment and support for young women and men in an age group which lies on the boundaries between work in child protection and with vulnerable adults."
Civil rather than criminal remedies
Criticisms have also been voiced that the remedies in the Act are civil rather than criminal remedies. But in this respect, the Act seems to me wise. Invoking the criminal law is certainly possible, and the guidance makes clear the extent and seriousness of likely criminal offences:
But while invoking the criminal law demonstrates society's disapprobation to a greater extent - and seems certain where the more serious offences set out above occur - it brings its own problems. There is a higher burden of proof, with justice being more public, and the focus on proving the offence rather than protecting the victim. The government tried such a get tough approach in the Domestic Violence, Crime and Victims Act 2004, only to get its fingers burned."Although there is no specific criminal offence in England and Wales of "forcing someone to marry", criminal offences may nevertheless be committed. Perpetrators - usually parents or family members - could be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, theft (of passport), threats to kill, imprisonment and murder. Sexual intercourse without consent is rape, regardless of whether this occurs within a marriage or not..."
And anyway, all social work's protective work, with children and vulnerable adults, is carried out to a civil standard in civil jurisdictions. What seems truly curious is the Police taking the lead in civil, protective work, when our joint working normally has the Police focussing on criminal proceedings against offenders and us focussing on civil proceedings for survivors.
I am left wondering whether 'social work bashing' is the exact opposite of the truth: the suggestion that these Orders do not sit easily with social work's methods offers an excuse for social work's reticence when in reality there is none.
Allan Norman is Principal Social Worker & Solicitor at Celtic Knot (www.celticknot.org.uk), an independent law firm and social work practice.
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