International Association of Women Police. Update Paper on FGM Submission to UK Parliament

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Marshall Franklin
5 years ago
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1 Update Paper on FGM Submission to UK Parliament The Final submission is repeated in its entirety below and I am very grateful to the help and support I received from Mel Hill at IntegrityPR who helped me research the subject and prepared the initial draft, working very late into the night with me as we finalised the document. Written evidence submitted to the Home Affairs Select Committee inquiry into Female Genital Mutilation (FGM) on behalf of the International Association of Women Police (IAWP) by Jane Townsley, President of the IAWP Executive Summary The issue of FGM is one that the IAWP has campaigned about for many years. Some of our members around the world are actively involved in tackling this issue along with providing support to victims. This submission includes evidence from our own research and interviews with people working to tackle FGM as well as information sent to us from police officers. It also includes examples of how authorities in other countries are tackling the issue, for example France, where more than 100 adults have been jailed for committing or permitting FGM. It is clear to us that here in the UK a robust multi-agency framework is needed to enable partners to work together more closely. Health and education providers play a key role here as they are often the first people to become aware of a victim of FGM. They need to have confidence in a criminal justice and child safeguarding process that will investigate and prosecute offenders as well as protecting and supporting victims. Education is vital, both within communities and amongst professionals from health, education, police, social care and prosecutors. A high profile awareness raising campaign is essential to make communities aware of the consequences of practicing FGM and that it is not cultural but criminal. The campaign should aim to empower girls and young women giving them confidence to report FGM. 1

2 Professionals must be given all the necessary information about FGM to enable them to act. The Daughters of Eve charity reports of receiving s from teachers who have had a child tell them FGM is going to happen, or has already happened and because there are no safeguarding guidelines in place they the charity asking them to deal with the case. This is shocking. How effective is the existing legislation framework on FGM and what are the barriers to achieving a successful prosecution in the UK? 1. It is ludicrous to suggest that any reported cases of FGM are not followed through as rigorously as possible. The fact that there have been no convictions points one in the logical direction that there is a problem not only in identifying victims and cases of FGM but also in achieving successful prosecutions against the perpetrators of this crime. However, the more pertinent question appears to be not whether the current law is suitable to apportion blame, after all one does not ask whether the Theft Act is sufficient to impeach thieves, but rather what are the barriers which have so far prevented any prosecutions. At present these barriers seem to be plentiful and complicated ranging from the age of the victim, pressure from the family and wider community to remain silent and a lack of knowledge and understanding from professionals entrusted with the safeguarding of children. 2. Getting a prosecution is vital in achieving justice for a young woman or girl who has been abused - but the reason we have never had one in the UK is not because the police or CPS are not doing their job. The police and the CPS are at the very end of the process. They need information from either a victim, which isn't easy; or from somebody who is responsible for safeguarding that potential victim. 3. The main reason we have not had a prosecution for FGM is because countless individuals who are charged with protecting girls from harm, teachers, social workers, health professionals and anyone and everyone who comes into regular contact with children - either do not have enough information or, worse, do not feel accountable for child safeguarding on this issue. 4. The guidelines regarding prosecuting without the victim giving evidence should be made more robust, the emphasis needs to be taken away from the victims where they are young girls. Consideration should be given to a default position of prosecution, not for prosecution to be the exception. 5. It can also be dangerous to hang everything on gaining a prosecution, after the first, what then? Will some consider the problem solved? Safeguarding potential victims should take priority; we need to prevent any more girls suffering this abuse. 6. We believe that to create the biggest impact on tackling FGM in the UK more needs to be done to protect girls being taken from this country for the procedure to be carried out abroad. There must be improved cross border working, linking with the relevant agencies in the countries where FGM is still part of the culture as well as any other countries where the procedure is found to be taking place on girls from the UK. This is particularly important on the lead up to and during UK School holidays to 2

3 support operations taking place here at exit points from the UK. Opportunities exist for UK authorities to work with the International Association of Women Police (IAWP) to enable links with law enforcement agencies in these countries, particularly female police officers who are often the champions of tackling gender related crime within their local communities. Police women's networks and associations have an important part to play in this. 7. A fear of being accused as racist appears to prevent reporting by certain professionals, this was identified as a potential problem 10 years ago within Home Office circular 10/2004. Which groups in the UK are most at risk of FGM (whether in the UK or abroad) and what are the barriers to identification and intervention? 8. Due to the hidden nature of the crime it is difficult to quantify exactly how many women and girls have been affected by FGM, especially considering that it is common place for girls to be taken abroad to undergo the procedures. However it is known that the procedure is associated with communities in Africa, particularly Mali, Somalia, Sudan, Egypt and Kenya, as well as some parts of the Middle East. 9. According to the Home Office's own figures more than 2,100 female genital mutilation victims have sought help at London hospitals in just three years, with over 300 victims requiring surgery to repair damage caused. 10. Dr Comfort Momoh, a specialist in dealing with these injuries at St Thomas Hospital, said: These statistics show a very significant number of women are being treated for FGM. But there are still lots out there who are not being identified. For too long, it has been passed off as a "cultural" ritual. But this act is not about celebration. FGM is gender-based violence; it's as simple as that. 11. There appear to be a number of barriers towards identification and intervention, not least the fact that this practice is not one of neglect or sadistic abuse, in fact the perpetrators frequently act out of love believing the practice to be necessary to ensure the chastity and acceptance of the female within that community. Girls are not considered suitable for marriage unless they have undergone this procedure and in a culture where marriage is pivotal to the amelioration of the community these longstanding beliefs are hard to shake. 12. Awareness amongst these groups should start at the point of entry for new immigrants entering the UK if nothing else but to gain intelligence for future monitoring of girls within the family. What are the respective roles of the Police, health, education and social care professionals, and the third sector and how can multiagency co-operation be improved? 3

4 13. Because traditionally reports have been low FGM is not well understood or widely publicised. It has previously been suggested to be a low-level, low priority crime with people frightened of confronting the issue head on for fear of being labelled a racist. But this means that girls from some backgrounds are less protected from violence than others. There needs to be an education and awareness raising campaign to ensure schools, health authorities, social services and the Police tackle the issue. 14. The reality is that FGM is child abuse and thus needs to be tackled in a similar way to any other reported case. What is shameful is that with all the recommendations put forward and implemented in the last twenty years to tackle such a plethoric issue nothing has been done to improve the multiagency approach in the eradication of FGM. 15. The all Wales Child Protection procedures report of 2005 as an example states that FGM places a child at risk of significant harm and should therefore be investigated (initially) under Section 47 of the Children Act (1989) by Social Services and the police child protection team. However this appears to be a somewhat basic approach with a more realistic and appropriate method conferring responsibility on all the agencies currently responsible for the safeguarding of children including health and education so that this barbaric practice can truly be eradicated. 16. Not only do systems need to be put in place at a statutory level but data needs to be gathered by teachers, social workers and health professionals on girls at risk and the government must ensure that everyone is made to do their part. All relevant agencies should work with the practicing communities to develop appropriate education and preventive programmes with a view to eradicating the practice of FGM. 17. All staff who have responsibility for child protection work should be acquainted with any local preventative programmes that exist. Any information or concern that a child is at risk of, or has undergone FGM must result in a child protection referral to social services and/or the police. MASH Multiagency Safeguarding Hubs - must be routinely implemented in geographical locations where there is a high concern about the practice of FGM to offer a preventative and protective environment for vulnerable children. These bring together Safeguarding Professionals in one secure location, including Children Services, Health, Education, Probation and Police. 18. Daughters of Eve is an independent charity set up to combat FGM within the communities affected and help the victims. A spokesperson from the charity said: We receive s from teachers who have had a child tell them that FGM is either going to happen, or has already happened. Because there are no safeguarding guidelines, they a small charity like ours, and ask us to deal with the case. I find that pretty shocking. 19. The national helpline set up for FGM is receiving more and more contacts, percentage wise a large number of teachers are contacting it for advice. This demonstrates a need for awareness training in education. In addition the helpline should be widely publicised. 4

5 20. Children at risk - or affected by - FGM spend half their time in school. Their teachers are their world. Those same teachers need to feel accountable for dealing with this extreme form of child abuse. 21. There needs to be mandatory training for staff across all agencies, general awareness training for front line staff as a minimum with specific training for specialist staff. In particular Education needs to play a full part in this, teachers have a critical role to play both in intelligence gathering and reporting. They know what to do when other forms of child abuse are disclosed to them; FGM must be treated in the same way. Children also need to understand that FGM is not acceptable and that it should be reported in the same way that they are taught about other dangers. We are pleased that Education Scotland are writing to all head teachers on the subject of FGM however we believe what happens in our schools should be led centrally not left to individual head teachers. 22. We understand the Department for Education wants to reduce the amount of national guidance it imposes on schools but we believe, in the case of FGM, it is vital that mandatory expectations are issued from the very top. We are pleased to hear that the Secretary of State for Education, Michael Gove has now agreed to meet with a campaigner who wants the subject of FGM included in schools. We look forward to hearing of the outcomes of that meeting in due course. 23. The Crown Prosecution Service (CPS) published guidance for prosecutors in September In November 2012, the Director of Public Prosecutions published a CPS action plan on improving prosecutions for FGM. In 2011 The Welsh assembly produced an All Wales safeguarding children document which sets out excellent recommendations for the future policing of FGM. However these resources appear to have been under-used. 24. Multi agency co-operation needs to be led at government level with statutory requirements placed on individual agencies. 25. Lessons and best practice can be learned by looking at how other countries are tackling the issue. In Ontario, Canada, a duty to report FGM exists under the policy of the College of Physicians and Surgeons of Ontario (CPSO) and under the Child and Family Services Act. Under CPSO policy, the performance of female circumcision, excision, infibulation and/or re infibulation by a physician licensed in Ontario, unless medically indicated, would be regarded as professional misconduct. Under Ontario's Child and Family Services Act there is a duty to report information with respect to a child who is in need of protection. This duty applies to all members of the public and those who perform professional or official duties in relation to children. 26. More responsibility must be placed on professionals in all the agencies to remove the reliance on victims to report. How can systems for collecting and sharing information on FGM be improved? 27. FGM data must be collected across all sectors and should be specific for the crime so it is not hidden within other data as is often the case now. 5

6 28. Established child protection systems need to be used for FGM, the same as for any other form of child abuse. 29. Data needs to be collected on how many potential victims of FGM have been safeguarded, there does not seem to be such data readily available, a Freedom of Information request is currently with the Home Office and Ministry of Justice. We believe it is important to show how many girls have been protected, after all if a prosecution takes place it means those charged with safeguarding them have failed if the prosecution results from FGM having taken place. How effective are existing efforts to raise awareness of FGM? 30. Whilst we recognise a lot of work has gone on in raising awareness, much more needs to be achieved both within the communities that practice FGM and amongst professionals across Police, Social Care, Health and Education. FGM must be viewed as criminal not cultural. 31. More effort needs to be put to ensuring relevant communities are aware that the practice ultimately amounts to child abuse and of all the consequences, not just that they can be prosecuted. They also need to be aware of the health consequences resulting from the practice; the child could be placed under a child protection order; entered on the 'At Risk Register' and there may be future monitoring of their siblings. 32. A successful prosecution, along with the publicity surrounding it, could assist women within affected communities to resist pressure to subject their daughters to FGM. For example, from research we have conducted, we are told that within the Somali community in the UK there are many who do not want their daughters to go through FGM but they succumb to community and peer pressure. If they are able to state very clearly that the practice is against UK law, and show that others have been prosecuted for the offence, it may help them to resist the pressure. 33. If children were taught in schools about FGM at the same time as they are taught about other violence issues it would avoid the issue being seen as a problem specific to only a particular group. It would also emphasise to potential future victims that the practice is wrong. How can the available support and services be improved for women and girls in the UK who have suffered from FGM? 34. It is very rare that, due to cultural issues and age issues, this type of crime would ever be directly reported to the police by a victim at the time. With this in mind we need to take a multi-agency approach in tackling the issue, similar to the one already adopted in child abuse cases whereby medical intervention and information sharing needs to be at the forefront even more so than ever before. 35. The French had a similar problem but have jailed more than 100 adults for committing or permitting FGM. Health reviews there include compulsory checks that female circumcision has not been carried out: incidents are falling significantly. A recent similar crackdown in Holland, say Dutch campaigners, resulted in more than 10,000 Somalis leaving their country for the UK. 6

7 36. In November 2012 the government launched a 1 year pilot of the statement opposing female genital mutilation (FGM). The statement opposing FGM, which is currently used in Holland and known as the Health Passport, is pocket-sized and states the law and the potential criminal penalties that can be used against those allowing FGM to happen. In Holland, it is primarily used by families who have migrated to Holland and do not want their children to be subjected to FGM, but still feel compelled by cultural and social norms when visiting family abroad. It is also used by young girls, typically aged 13 years or over, who can carry the document with them when they are abroad with their family. With thanks to all who assisted our research in particular: Lysiane Brassard, IAWP member based in Canada Nancy Osborne, UNICEF and IAWP member based in New York Superintendent Helen Chamberlain, member of the British Association of Women Police (BAWP) Temp DCI Kim Madill, BAWP member Commander Mak Chishty, ACPO Lead (FGM) PC Sally Mulvaney, BAWP member During the research phase of this submission we gained a number of new Twitter followers and as stated previously a number of organisations and individuals have approached us to collaborate on this and other campaigns. Jane Townsley President 7

CPS Response to Female Genital Mutilation (FGM) Jo Lazzari Domestic Abuse Co-ordinator CPS Mersey-Cheshire

CPS Response to Female Genital Mutilation (FGM) Jo Lazzari Domestic Abuse Co-ordinator CPS Mersey-Cheshire 6 th March 2013 Overview Crown Prosecution Service (CPS) Key Roles and Responsibilities Legislation