Female Genital Mutilation (FGM)
WHAT IF FEMALE GENITAL MUTILATION (FGM)?
Female genital mutilation is the removal of some or all of the external genitalia of a female for non medical reasons. It can also include injury that has been caused to the external female genitalia.
Other names for female genital mutilation are ‘female circumcision’, ‘female genital cutting’ and ‘incision’.
Female genital mutilation has no health benefits at all. It is an act that is done for cultural reasons.
FGM is a form of child abuse.
Under the female genital mutilation act 2003, female genital mutilation is illegal is the UK.
- It is illegal for anyone in the UK to arrange, encourage, pressurise someone, threaten someone or perform FGM on a girl.
- It is illegal to assist a girl to mutilate her own genitalia
- It is also illegal to take a female who is a British citizen or permanently resident in the UK abroad to have FGM performed on them.
LINK TO GOVERNMENT WEBSITE FOR FEMALE GENITAL MUTILATION ACT 2003
WHAT IS A FORCED GENITAL MUTILATION PROTECTION ORDER (FGMPO)?
The family courts take FGM very seriously. You can make an application to the family court to ask them to grant a FGM protection court order (FGMPO) to protect the individual concerned. A FGMPO is an injunction court order (it forbids someone from doing something). A FGMPO can:
- Protect a girl/woman from having the procedure.
- Keep a person away from the girl/woman who they are forcing to have the procedure. This person is called the respondent in the court proceedings.
- Keep a girl/woman from being taken abroad for the procedure by taking away her passport.
- Help a girl to return to the UK if she is abroad and being coerced or forced to have the procedure or has had the procedure.
- Protect a girl who has had the procedure.
The court has the power to take away your passport if they feel this will keep you safe.
Each FGMPO is unique and catered to each individual case.
A FGMPO can be issued by the court at the same time as a police investigation or criminal proceedings taking place.
IF IT FREE TO SUBMIT AN APPLICATION TO THE COURT FOR A FGMPO?
Yes, it is free to apply for a FGMPO. It is also free to amend, extend or discharge a FGMPO.
It is free to request a court bailiff to serve the respondent a copy of the court paperwork.
It is also free to apply to the court to inform them there has been a breach of the FGMPO.
WHO CAN APPLY FOR A FGM PROTECTION ORDER (FGMPO)?
1. THE PERSON TO BE PROTECTED – The individual who is being coerced or forced into having FGM or has suffered from FGM can apply for a FGMPO. If this individual makes this application they will be known as the ‘applicant’ as well as ‘the person to be protected’. The form they will need to make this application is form FGM001 (discussed below).
LINK TO OUR L.I.P HELP GUIDE FOR FORM FGM001
2. A RELEVANT THIRD PARTY – A person or organisation can make an application on behalf of the person to be protected. This can be someone from the local authority.
3. ANY OTHER PERSON WITH THE PERMISSION OF THE COURT – If you are a relative, friend, voluntary worker, or another person you can make this application to the court but you will need to ask the permission from the court to do so. The form you will need for asking permission is form FGM006. You must send this form alongside form FGM001.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FGM006
LINK TO OUR L.I.P HELP GUIDE FOR FORM FGM001
WHICH COURT FORM IS USED TO APPLY FOR A FGMPO?
Before we continue onto the forms please note the following 5 points before continuing to read –
- The application form used to apply for a FGMPO is form FGM001 (discussed below)
- The person that completes and submits form FGM001 to the court is known as the applicant.
- The person who the application is applied for is known as the person to be protected.
- The person(s) the FGMPO application is against is called the respondent(s).
- The words ‘to serve’ or ‘serving court papers to the respondent’ mean they must receive copies of your application form and other relevant court papers that require them to be informed, respond, comply with court directions or attend court. Depending upon the type of court application form submitted you can either do this yourself or the family court will do this for you.
If you are applying for a FGMPO for yourself or you are a relevant third party then the form used is called form FGM001. Please click on the link below. You will be taken to a write up on how to complete the form, where to send it, what to send with it and where to download it.
LINK TO OUR L.I.P HELP GUIDE TO FORM FGM001
There is a government guide called FGM700 that gives lots of information on FGM and how to complete the form. Please click on the link below.
LINK TO GOVERNMENT GUIDE FGM700
As stated above if you are not the person to be protected or a relevant third party but another person who is applying on behalf of the person to be protected you will need to ask the permission of the court first before submitting form FGM001. The form you need to use to ask for this permission is called FGM006. You can send form FGM006 alongside form FGM001 for consideration. To access form FGM006 please click on the link below. You will be taken to a write up on how to complete the form, where to send it, what to send with it and where to download it.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FGM006
CAN YOU KEEP YOUR CONTACT DETAILS PRIVATE?
Yes you can. You must not enter your contact details on your application form FGM001. You must complete a form C8 detailing your contact details and attach it to your application form. Please click on the link below. You will be taken to a write up on how to complete the form, where to send it, what to send with it and where to download it.
LINK TO OUR L.I.P HELP GUIDE FOR FROM C8
WHERE DO YOU SEND YOUR COMPLETED FORMS?
You must send your completed forms and all attachments to your local family court by post or you can take your application in personally. You must inform them on your arrival that your application is urgent and for a FGMPO. They are usually open between 10am – 4pm. Please click on the link below to find your local family court.
LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL FAMILY COURT.
IS THE FGMPO PERMANENT OR TEMPORARY?
The FGMPO that will be issued can be permanent or temporary. If the court needs more information from you or needs to make some enquiries then they may issue a temporary FGMPO and then change it to a permanent one later at another court hearing.
You must ask the court to send a copy of the FGMPO to the police and to anyone else named in the court order. You can also do this yourself.
CAN YOU EXTEND, CHANGE OR CANCEL THE FGMPO?
Yes you can. The application form you will need to complete and send to the family court is called form FGM003. Please click on the link below. You will be taken to a write up on how to complete the form, where to send it, what to send with it and where to download it.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FGM003
CAN YOU ADD OR REMOVE A PERSON TO THE FGMPO?
Yes you can. The application form you will need to complete and send to the family court is called form FGM007. Please click on the link below. You will be taken to a write up on how to complete the form, where to send it, what to send with it and where to download it.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FGM007
WHAT WILL HAPPEN ONCE YOU HAVE SUBMITTED YOUR APPLICATION FORM FGM001 TO THE COURT?
You will receive a notice of proceedings from the court called form FGM002. This document will list the date of the court hearing.
The person who your FGMPO application is against must be served (given) a copy of your application form. You can get someone to do this for you or you can ask the court to serve them. If you want the court to serve the respondent you will need to complete form D89 – request for personal service by a court bailiff.
LINK TO OUR L.I.P HELP GUIDE FOR FORM D89
After the respondent(s) have been served, the person who has served the respondents must complete a statement of service form FL415 and send it to the court.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL415
If you are unable to serve the respondent(s) you must inform the court and they will help you serve the respondent.
WHAT WILL HAPPEN AT THE COURT HEARING AND WILL YOU MEET THE RESPONDENT IN THE COURTROOM?
Most of these types of cases are heard in private (in the judge’s chambers) with the judge, both parties and any legal representatives present. If you do not want to meet the respondent the court can make arrangements for you so this does not happen. On your form FGM001 you will have asked for the court to make special arrangements for you such as a screen, separate waiting room and entrance. The court will also arrange an interpreter if you have requested one on your form. If the judge gives you permission you may be able to have a friend or relative support you in the courtroom but they cannot be involved in the proceedings.
In certain instances you can give evidence via live tv, video link or have already given evidence by video recording.
The judge will make a court order that will be in your best interest. You will be given a copy of the court order.
CAN YOU GET AN EMERGENCY EX-PARTE/WITHOUT NOTICE FGMPO?
If you feel that you need(s) immediate protection but the person (respondent) you are making the order against must not be informed then you can use form FGM001 to apply for an ex-parte/’without notice’ court hearing. In this case you must write a witness statement on a separate piece of paper stating what has happened, why you want the FGMPO to be made and why you want it issued without notice.
You must include a signed and dated statement of truth at the end of your witness statement.
A statement of truth can be written as follows – ‘I believe this statement to be honest and truthful to the best of my knowledge’
LINK TO OUR L.I.P HELP GUIDE TO YOUR WITNESS STATEMENT EXPLAINED.
LINK TO OUR L.I.P HELP GUIDE ON WHAT IS A WITH NOTICE AND WITHOUT NOTICE APPLICATION
If an order is made without notice, then a hearing will be held at a later date where the respondent will be given a chance to put their side forward to the judge.
WILL THE COURT SEND A COPY OF THE FGMPO TO THE POLICE?
Yes the court will approximately 24 hours after the court order has been stamped. Occasionally the police are notified before the respondent(s) have been served or notified. If the court served or notified the respondent(s) the court will notify the police. If your solicitor has served the respondent(s) then they will notify the police within 2 days of the service. If you have arranged for the respondent(s) to be served then you will notify the police. The court has a sample template for this and they will give you this. You will need to complete this form and email it to protectionorders@pds.police.uk.cjsm.net.
If you have arranged for the respondent(s) to be served and notified you must inform the court you have done this. You must complete form FL415 and send it to the court. Please click on the link below to access form FL415.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL415
WHAT CAN YOU DO IF THE RESPONDENT(S) DO NOT COMPLY WITH THE FGMPO?
Non compliance of a FGMPO can be dealt with in the family and criminal court. If there is non compliance you have two options –
- You can contact the police. Breach of a FGMPO is a criminal offence and the police can arrest the respondent. The court does not need to attach a power of arrest to the FGMPO nor does the person to be protected/applicant need to apply to the court for an arrest warrant. Breach of a FGMPO can result in a prison sentence for up to 5 years.
- Or if you do not want to contact the police you can apply to the family court for an arrest warrant. The family court will deal with this as a contempt of court and can hand down a prison sentence for up to 2 years. You can also apply to the family court if the police and crown prosecution service decide not to take the breach of the FGMPO further. You can make an application to the court for an arrest using form FGM005. You must include a signed and dated statement of truth at the bottom of your statement. Please click on the link below to access form FGM005.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FGM005
WHAT IS THE PUNISHMENT FOR CARRYING OUT FGM, COERCING OR FORCING SOMEONE OR HELPING FOR IT TO TAKE PLACE?
The punishment is 5 – 14 years in prison.
WHERE CAN YOU REACH OUT IF YOU KNOW SOMEONE IS BEING PRESSURED INTO GETTING FGM?
Call the FGM helpline
Telephone – 0800 028 3550
Email – fgmhelp@NSPCC.org.uk
Call the police
You can dial 999 if a child is at immediate risk. Alternatively if there is no emergency you can dial 101 or file a report online. A child can call the police directly if they wish.
LINK TO POLICE WEBSITE TO REPORT A CRIME ONLINE
You can contact Crimestoppers
You can report a crime anonymously to crimestoppers. Their telephone number is 0800 555 111.
LINK TO WEBSITE FOR CRIMESTOPPERS.
Call your local authority child services
You can contact your local authority child services and report FGM. The local authority can make a FGMPO application to the court. They do not need the court’s permission to make this application to the court.
LINK TO GOVERNMENT WEBSITE TO REPORT CHILD ABUSE (FGM) TO A LOCAL COUNCIL
Call the NSPCC
You can contact the NSPCC and speak to them about your concerns and report FGM. If the child is in danger they will call the police.
LINK TO WEBSITE FOR NSPCC – CONTACT US
WHERE CAN A CHILD REACH OUT IF THEY ARE BEING PRESSURED INTO GETTING FGM?
A child can call CHILDLINE
A child can call ‘childline’ and report their concerns about FGM.
LINK TO WEBSITE FOR CHILDLINE – CONTACT US
Tell your school teacher
If you are being coerced or forced to have FGM you can tell your teacher and they will help you.
Tell your GP
If you are being coerced or forced to have FGM you can tell your GP and they will help you.
WHERE CAN YOU REACH OUT IF A GIRL HAS BEEN TAKEN ABROAD FOR FGM?
Contact the foreign and commonwealth office
Telephone – 0207 008 1500
Telephone from abroad – + 44 (0)207 008 1500
Contact the British embassy in a foreign country
LINK TO GOVERNMENT WEBSITE FOR HELP AND SERVICES AROUND THE WORLD
WARDSHIP
Where a girl has been taken abroad for FGM or is at threat of being taken abroad an application can be made to the high court to make the girl a ward of court. Here the high court will protect the girl by taking parental responsibility. The high court can make court orders to ensure the girl is returned to the UK or not taken out of the UK. Please click on the link below to find out how to apply for a wardship.