This information is for registrars interested in forced or predatory marriages and civil partnerships involving people with learning disabilities.
It would be hard on the day to call a halt to a ceremony. You’d have to be really sure. So it’s having the tools in place that would help you to be really sure, that would make a difference.
If you’re a marriage or civil partnership registrar, on this page you’ll find information and resources to help you better recognise and respond to forced, unlawful, or predatory marriage. In particular, these resources focus on forced marriage involving people with learning disabilities, dementia, or mental ill-health.
This includes a range a range of information sheets, case studies and practice guidance.
You can also watch this film about forced marriage:
This film is also available in Hindi, Urdu and Sylheti.
What is a forced marriage or civil partnership?
A forced marriage occurs when one or both people involved do not, or cannot, consent to the marriage. Duress is not a necessary factor when the marriage involves people with learning disabilities, as it is often a question of whether or not the person can consent to the marriage.
Forced marriage can take place in two ways:
- The person cannot consent to marriage because they do not have the capacity to do so.
- The person is forced to marry someone when they don’t want to.
For more information on forced marriage see Information Sheet 1.
Coercive Marriage
Coercive marriage can occur for a number of reasons, which presents numerous safeguarding concerns.
The Care Act 2014 makes clear that specific adult safeguarding duties apply to any adult who:
- Has care and support needs.
- Is experiencing, or is at risk of, abuse or neglect.
- Is unable to protect themselves because of their care and support needs.
Additionally, one of the six key principles of the Care Act is Prevention. Instead of responding to instances of harm, it is better to act to prevent harm from occurring in the first place.
Safeguarding and Marriage
People may or may not have the capacity to consent to marriage. Is a safeguarding concern likely to arise should a marriage take place?
Having a learning disability, dementia, or mental ill health will not automatically lead to safeguarding concerns. The Mental Capacity Act 2005 makes it clear that people with capacity are entitled to make ‘unwise decisions’. This would include the decision to marry someone their friends or family members may consider an ‘unwise choice’.
However, sometimes situations occur where ‘something doesn’t feel right’. It is also possible for coercion or grooming to occur without the victim quite understanding what is happening.
When Something Doesn’t Feel Right
There are already provisions for registrars to interview people individually before a wedding.
The following scenarios may prompt further open ended questions from the registrar:
- One person is doing all the talking, or they seem reluctant to let anyone speak to the other party alone.
- One person attempts to answer questions on behalf of the other. This could “mask” whether the person can answer the question themselves.
- Someone has difficultly answering the registrar’s questions, or they do not seem to understand where they are or what is going on.
- A person does not appear to understand the consequences of marriage. For example, they may not grasp that marriage automatically revokes any pre-existing wills.
For more information, read The Forced Marriage Unit’s Statutory Guidance on forced marriage and Multi-Agency Practice Guidelines.
Knowing what to look out for and what questions to ask to identify whether or not someone has capacity to consent to marriage is crucial.
What to do if you are concerned about someone
You may only have one chance to protect someone before they are forced to marry. As a result, you must act on information or concerns promptly.
For registrars, the one chance could arise the day notice is taken. Or it could arise on the day of the ceremony itself, or the day of completion for civil partnerships where no ceremony is taking place.
If at any point you have immediate concerns for someone’s safety, contact the police on 999.
If you have any concerns about someone when taking notice or conducting a ceremony, but there is no immediate threat to their safety, you should consult the Superintendent Registrar and the GRO. It might be necessary to make an adult safeguarding referral. Information on how to do this will be available on your Local Authority website.
You can also contact the UK Government Forced Marriage Unit for help and advice on 020 7008 0151 or by emailing fmu@fcdo.gov.uk.
The Forced Marriage Unit have produced specific Guidance for Registrars.
What to do if you are concerned about someone’s capacity to consent
In order to marry lawfully, a person must have the capacity to consent to marriage.
- Capacity means the ability to make a decision.
- Consent means giving permission for that decision.
The person getting married must have this capacity, and they must give their consent. Nobody else can make decisions, or give permission, on behalf of another person.
It isn’t just a case of saying “yes”, or “I do”. To have capacity to consent to marry, you must fully understand the decision you are making, and what you are agreeing to.
To consent to marriage, you need to understand what marriage is, and what it involves. For example, you need to understand the implications concerning where you will live and sleep. You also need to understand the potential for a sexual relationship, and the possible implications of sex, such as pregnancy and health issues.
All registrars have a duty to assess whether or not a person has capacity to consent at point of giving notice and at the signing of a marriage or civil partnership contract.
It is perfectly acceptable to request support with this. Assessing capacity can be complex. Professionals who know the person well, and who have expertise in mental capacity assessments, may be better able to make a capacity assessment than a registrar who only meets the person once.
Although there must be grounds for requesting a capacity assessment, registrars must also be prepared to justify a decision not to carry out an assessment.
39 Essex Chambers is a law firm that specialises in mental capacity. They advise that the person getting married must be able to demonstrate understanding of the answers they give to questions about marriage.
Duty to Safeguard – including sharing information
Forced or predatory marriage involving adults who lack capacity to consent is a safeguarding issue.
Safeguarding does not just apply to health and social care settings. The Care Act 2014 and associated statutory guidance (DHSC, 2018a) makes it clear that, legally, safeguarding is everybody’s business. This includes the Registration service.
Effective safeguarding requires sharing information with relevant professionals. If you think that someone may lack capacity to consent, you have a duty to share this information and report your concerns.
NHS England also advises that you should always share information if doing so will prevent a crime, or if you think a crime has been committed.
For further support on safeguarding adults and sharing information see NHS guidance.
Find Out More About the My Marriage My Choice Research Project
My Marriage My Choice started as a research project led by social work researchers at the University of Nottingham. You can learn more about the project.