A Chief Constable & Anor v YK & Ors

When deciding whether to make or continue a forced marriage protection order, the court must realistically assess the protected person’s health, safety and well-being, including their wishes and feelings so far as reasonably ascertainable. Where pressure, coercion or honour-related abuse may affect those wishes, the person should be seen by an expert who understands the relevant pressures. Separate and independent representation is also desirable. Early expert involvement may assist the resolution of such cases and provide valuable evidence to the court.

This was a postscript to earlier proceedings concerning forced marriage protection measures. Following an order for assessment, the protected adult was interviewed by the Executive Director of the Henna Foundation and expressed a wish to regularise her marriage. The court consequently approved a consent order ending the proceedings, while maintaining injunctive relief for two years.

The judgment addressed the appropriate method of assessing the protected person’s wishes and well-being in forced marriage cases.

1. The proceedings ended by consent after the protected person, following an interview with an expert from the Henna Foundation, expressed her wish to regularise her marriage. The injunctive relief was to remain in force for two years.

2. Under section 1 of the Forced Marriage (Civil Protection) Act 2007, now section 63A(2) of the Family Law Act 1996, the court must have regard to the need to secure the protected person’s health, safety and well-being. In assessing well-being, the court must have regard to the person’s wishes and feelings so far as reasonably ascertainable, in light of their age and understanding.

3. Those statutory obligations require a realistic assessment of the protected person’s wishes. The court should ensure that the person is seen by someone who understands the pressures that may arise in forced marriage and honour-related abuse cases and who is expert in that field. The expert evidence may be particularly important where those pressures could affect the reliability or independence of the person’s expressed wishes.

4. Separate and independent representation of the protected person is desirable. Early instruction of an appropriate expert may assist the resolution of similar cases and will generally be of very substantial assistance to the court.

5. The police force had acted appropriately in bringing and arguing the proceedings. The court expressed gratitude to the police and counsel for their assistance.