Serious Crime Act 2015 Female Genital Mutilation Multi-Agency Practice Guideline (HM Government) 2014 Serious Crime Act 2015 Fact Sheet – female genital mutilation (Ministry of Justice/Home Office) March /07/20151
Background FGM – Female Genital Mutilation involves the partial or total removal of the external female organs for non-medical reasons. It is extremely painful and has serious health consequences both when carried out and later in life. It can be carried out at any time in a girls life depending upon the community however the majority of cases are thought to take place between the ages of five and eight. 30/07/20152
Factors which heighten a girls/womans risk of being affected by FGM The position of the family and their integration within UK society – families less integrated are believed to be more likely to carry out FGM Any girl born to a woman subjected to FGM must be considered at risk as must other female children in the extended family Any girl who has a sister who has already undergone FGM and other female children in the extended family Any girl withdrawn from Personal, Social and Health Education or Personal and Social Education (maybe an indicator that her parents are trying to keep her uninformed about her body and her rights) 30/07/20153
Factors which indicate FGM maybe immanent When a female family elder is around, particularly when she is visiting from a country of origin When a professional hears reference to FGM in conversation – ie a child telling another child about it When a girl confides she is to have a “special procedure” or attend a special occasion to “become a woman” If a girl requests help from a teacher or another adult because she is aware that she is at risk If a parent states that they or a relative will take the child out of the country for a prolonged period If a girls talks about a long holiday to her country of origin or another country where the practice is prevalent. When parents seek to withdraw their children from learning about FGM 30/07/20154
Factors that indicate that FGM may have already taken place If a girl or woman is having difficulty walking, sitting, standing and may look uncomfortable A girl or woman who spends longer than normal in the bathroom or toilet due to difficulties urinating - a girl may spend long periods away from the class room with bladder or menstrual – problems. A girl or woman having frequent urinary, menstrual or stomach problems Prolonged or repeated absences from school or college A prolonged absence from school or college with noticeable behaviour changes (withdrawal or depression) A girl or woman being particularly reluctant to undergo normal medical examinations A girl or woman may confide in a professional A girl or woman may ask for help but may not be explicit about the problem due to embarrassment or fear A girl may talk about pain or discomfort between her legs 30/07/20155
Current Law Female Genital Mutilation Act 2003 Offence for any person in England, Wales or Northern Ireland to perform FGM or assist a girl to carry out FGM on her self Offence to assist from England, Wales or Northern Ireland a non UK national or resident to carry out FGM outside the UK on a UK national or PERMANENT UK resident Offence for a UK national or PERMANENT UK resident to perform FGM abroad or assist a girl to perform FGM on herself outside the UK Offence for a UK national or PERMANENT UK resident to assist from outside the UK a non UK national or resident to carry out FGM outside the UK on a UK national or PERMANENT UK resident 30/07/20156
Serious Crime Act 2015 (S70(1)) Extends to prohibited acts done outside the UK by a UK national or person who is RESIDENT in the UK And the offence being against a UK national or a PERSON WHO IS RESIDENT in the UK (removes the PERMANENT and there makes the IMMIGRATION STATUS irrelevant) 30/07/20157
Serious Crime Act 2015 (S71) Reluctance to be identified as a victim of FGM is believed to be one of the reasons for the low incidence of reporting the offence S71 prohibits the publication of any information that would be likely to lead to the identification of a person against whom an FGM offence is alleged to have been committed. 30/07/20158
Serious Crime Act 2015 (S72) Offence of failing to protect a girl from FGM - this applies to Those with PR and in frequent contact with her Or someone who has assumed responsibility for caring for the girl in the “manner of a parent” 30/07/20159
Serious Crime Act 2015 (S73) Provides for FEMALE GENITAL MUTILATION PROTECTION ORDERs (FGMPO) Can provide prohibitions, restrictions, or other requirements for the purposes of protecting a victim or potential victim of FGM eg to surrender a persons passport or any other travel document Breach of an FGMPO would be a criminal offence with a maximum penalty of five years imprisonment or a civil breach punishable by up to two years imprisonment 30/07/201510
Serious Crime Act 2015 (S74) Duty for professionals working in health care, social care and teachers (regulated by a body overseen by the Professional Standards Authority) to report to the police when they are informed by a girl that FGM has been carried out on her or when the girl shows physical signs indicating that that FGM has been carried out. 30/07/201511
Names for FGM Female Genital Cutting Circumcision Initiation Cut CHADBagne, Gadja, GAMBIANiaka, Kuyungo, Musolula Karoola GUINEA-BISSAUFanadu di Mindjer EGYPTThara, Khitan, Khifad ETHIOPIAMegrez, Absum ERITREAMekhnishab IRANXatna KENYAKutairi, Kutairi was ichana NIGERIAIbi/Ugwu, Didabe fun omobirin/ila kiko fun, omobirin SIERRA LEONESunna, Bondo/Sonde SOMALIAGudiniin, Halalays, Qodiin SUDANKhifad, Tahoor TURKEYKadin Sunneti 30/07/201512
Guidelines for Children’s Social Care “Every Children’s Services Department should as part of domestic violence and safeguarding children protocols, consistent with those developed by their Local Safeguarding Children Board that include handling cases where FGM is alleged or known about.” If concerns are raised consideration should be given to other girls in the family and practising community. If there are concerns for the child’s immediate safety an immediate strategy discussion should be set up. Strategy discussion should consider whether the parents or girl has had access to information about the harmful aspect of FGM and the law in the UK – if not this information should be provided. The girl should be provided with information on specialist therapeutic counselling services to assist her in understanding the psychological impact of this harmful practice. An interpreter, if required should be appropriately training in all aspects of FGM and should be used in all interviews. The interpreter should not be a family member, not be known to the family and not be someone with influence within the family’s community. Every attempt should be made to work with the family on a voluntary basis. Written agreement to be undertaken for parents not to perform FGM. 30/07/201513