Practice guidance toolkit for assessing capacity to consent to marriage
We developed this practice guidance toolkit to help practitioners recognise and take appropriate action when there is a risk of forced marriage, particularly involving people with learning disabilities.
This toolkit is for any practitioner involved in assessing capacity to consent to marriage. It provides resources and tools to aid practitioners in making such capacity assessments.
The toolkit seeks to supplement existing multi-agency statutory guidelines available from the UK Government Forced Marriage Unit. If you are a practitioner, you must also adhere to your specific professional guidelines, along with Local Authority and Health Trust policies relevant to this area of your practice.
My Marriage My Choice – Case study collection
Forced marriage involving people with learning disabilities can be a different issue to forced marriage involving people without learning disabilities. As such, families, faith leaders, and professionals may not recognise the marriage as “forced”.
This case study collection tells the stories of people with learning disabilities who have been forced into marriage. The individuals in these case studies are all fictional. Each story is a composite creation that we based on on the real experiences of multiple people.
We hope that highlighting these stories will start some essential debates among practitioners, leading to faster and more effective changes to existing safeguarding policies and practices.
Download the case study collection (PDF)
My Marriage My Choice – Summary of findings
This document summarises the main findings of the original My Marriage My Choice research project, while offering some key recommendations for practitioners.
Summary of findings – Full version
Summary of findings – Short version
My Marriage My Choice – Film
We produced this film in partnership with people with learning disabilities, family carers, and practitioners with the intention of making it accessible to all groups.
The film includes powerful real stories and discussion of the key issues.
Please be aware that some viewers may find some of this content upsetting:
This film is also available in Hindi, Urdu or Sylheti.
Visual resources and podcasts
- Forced Marriage and Learning Disability: Rachael Clawson – An Introduction
- Forced Marriage and Learning Disability: Rachael Clawson – Reasons and Definitions
- Forced Marriage and Learning Disability: Rachael Clawson – Legal Parameters
- Sisters’ Hour – British Muslim TV – in which Luthfa Khan from Respond talks on the subject of Forced Marriage of People with Learning Disabilities
- Predatory Marriage – Safeguarding Matters Podcast
- Forced Marriage of People with Learning Disabilities – Safeguarding Matters Podcast
- Forced Marriage Unit – Survivors Handbook
- Forced Marriage Unit – What is a forced marriage?
- Forced Marriage Unit – range of resources including posters and leaflets
- Respond – Talking about sex and relationships – A guide for parents and carers of a young person with a learning disability
- Respond – this link will take you to a range of resources Resources | Respond
My Marriage My Choice – Workbooks
These workbooks can be used independently by individuals and community groups, or by practitioners working alongside people with learning disabilities and their families. These workbooks can be used on their own, or together with the film.
Understanding Forced Marriage – A Workbook for People with Learning Disabilities
This workbook will tell you what forced marriage is, and tell you how to get help when there is a risk of forced marriage to you or someone you know.
Understanding Forced Marriage – A Workbook for Families and Carers
This workbook will help families and carers to understand that people with learning disabilities must be able to consent to marriage for themselves, and that they must have the capacity to do so. If not, they are at risk of breaking the law in allowing someone to marry, or in making them do so.
Journal papers
Clawson, R., Patterson, A., Fyson, R. & McCarthy, R. (2020) The demographics of forced marriage of people with learning disabilities: findings from a national database. Journal of Adult Protection 22 (2) 59-74
Clawson, R & Fyson, R (2017) Forced marriage of people with learning disabilities: a human rights issue, Disability & Society 32 (6) 810-830
Clawson, 2013. Safeguarding People with Learning Disabilities at Risk of Forced Marriage – issues for inter-agency practice Social Work & Social Sciences Review- An International Journal of Applied Research. Vol 16 (3) 20-36
Useful links to external publications
The Rise in Predatory Marriages
Guidelines and legislation
Multi Agency Practice Guidelines June 2014
Anti-social Behaviour, Crime and Policing Act 2014 – Part 10 – Forced Marriage
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.