FGM- the new statutory reporting requirements FGM Act 2003 as amended by section 74 Serious Crime Act 2015 introduces a new section 5B- the statutory reporting duty

What is FGM- A “form of child abuse and violence against women” FGM comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons (WHO). It is also sometimes referred to as female genital cutting or female circumcision.

Effects of FGM There are no health benefits to FGM. Removing and damaging healthy and normal female genital tissue interferes with the natural functions of girls' and women's bodies. NHS Choices.

There are four main types of FGM Type 1 – clitoridectomy – removing part or all of the clitoris. Type 2 – excision – removing part or all of the clitoris and the inner labia (lips that surround the vagina), with or without removal of the labia majora (larger outer lips). Type 3 – infibulation – narrowing of the vaginal opening by creating a seal, formed by cutting and repositioning the labia. Other harmful procedures to the female genitals, which include pricking, piercing, cutting, scraping and burning the area.

When is it carried out FGM is usually carried out on young girls between infancy and the age of 15, most commonly before puberty starts. The procedure is traditionally carried out by a woman with no medical training. Anaesthetics and antiseptic treatments are not generally used, and the practice is usually carried out using knives, scissors, scalpels, pieces of glass or razor blades. Girls may have to be forcibly restrained.

Do the new provisions apply to you? Yes, if you fall into one of these categories Health or social care professional regulated by a body which is overseen by the Professional Standards Authority for Health and Social Care- i.e. General Chiropractic Council; General Dental Council; General Medical Council; Health and Care Professions Council; Nursing and Midwifery Council, etc. Teachers (qualified or other persons employed or engaged to carry out teaching work) and Social workers in Wales

What are your obligations/duties A regulated health professional, social care professional and teachers in England and Wales must report to the police where in the course of their professional duties they either: Are informed by a girl under age of 18 that an act of FGM has been carried out on her (verbally reported cases), or Observe physical signs which appear to show that FGM has been carried out on a girl under 18, and they have no reasons to believe that the act was necessary for the girl’s physical or mental health or for purposes connected with labour or birth (visually identified cases).

The relevant age of child Child (girl) must be under 18 For the purposes of the duty, the relevant age is at the time of the disclosure So it would not apply if a woman aged over 18 disclosed that she had FGM when she was a child

Making a report If you become aware of a case you must make a report to the police force in the area where the girl resides Report can be orally (you can phone 101*) or in writing You must identify the girl (name, age/DOB, and address) and explain why the report is being made Provide your name and professional details Use the relevant form if there is an agreement in your area. Confirm that you have or will be undertaking safeguarding action under “Working Together to safeguard children”, as appropriate Ensure you are given a reference number Duty cannot be delegated. This is the single non-emergency number. Calls to this number are answered by trained police officers. But you should use 999 where risk of to life or serious immediate harm

Timescales for reporting Reports should be made as soon as possible after a case is discovered- good practice by close of next working day To allow for exceptional cases there is a maximum timeframe of one month

What are exceptional cases- Where professionals have concerns that a report to the police is likely to result in immediate safeguarding risk for the child or other siblings/children, and consultation with other colleagues or agencies is necessary prior to reporting. Safety of girl is the priority Decisions to delay reporting must be carefully recorded.

Confidentially and the DPA The requirement to report is mandatory and overrides any restrictions on disclosure that may otherwise apply Provisions of DPA does not prevent mandatory reporting to police Nonetheless, in handling and sharing information you must continue to have regards to all relevant legislation and guidance (including any given by your professional body)

Record keeping Ensure that you have a clear record of the circumstances surrounding the initial disclosure of FGM Ensure that you keep a comprehensive record of any discussions and decisions made Ensure that your designated safeguarding lead is updated

Informing the child’s family You should contact the child’s parents and explain why you have made the report, and what it means Depending on the age and understanding of the child you should explain why you have made the report and what it means You do not have to inform the child or parents if you believe that disclosure may result in a risk of serious harm to the child or someone else, or of the family fleeing the country

What after report made Your wider safeguarding and professional responsibilities continue Depending on your role you may be required to contribute to any multi-agency response or follow up. Police will initiate multi-agency response on receipt of report in line with local safeguarding arrangements Consideration of FGM Protection Orders to safeguard child or other children/siblings Protection of child is paramount at all times

Failure to report FGM is child abuse and the guidance indicates that employers and professional regulators are expected to “pay due regard to the seriousness of the breach of the duty”. For sw and health and social care professionals the regulators will use their framework to consider fitness to practice safely For teachers, schools will consider disciplinary procedures which could lead to the NCTL considering whether it is appropriate to make a prohibition order.

Please read the guidance issued by the Home Office- the flowchart is easy to follow. Please also read Annex B- for useful Q & A. Corporate Services Civic Centre, Stockwell Close, Bromley BR1 3UH   Telephone: 020 8464 3333 Fax: 020-8290 0608 Direct Line: 020 8313 4343 Internet: www.bromley.gov.uk Email: ron.shockness@bromley.gov.uk DX5727 Bromley SS Legal Fax No. 020 8313 4660