Latest News:
Coronavirus (COVID-19): Supporting our clients through challenging times. Find out more, click here.
CALL US:     020 7608 1227     Out of hours:     07826 559 418

Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 comes into force

On 15 March 2019, the Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 received Royal Assent thereby making it an official Act of Parliament. The act enables family courts to make a Female Genital Mutilation Protection Order (FGMPO) within Children Act 1989 proceedings. Therefore, separate proceedings needn’t be issued if a girl is considered to be at risk of or a victim of a genital mutilation offence.

An application for an FGMPO can be made by the girl at risk, a Local Authority, or another person with the permission of the court (such as a doctor, friend, or family member). Applications for FGMPOs should be made using the form FGM001. The Court will consider the circumstances of your concerns in relation to the grant of permission. You may need to seek legal advice as to whether your concerns are known to the local authority or professionals involved with the child concerned such as medical practitioners.

When made, a FGMPO has particularised conditions, which are unique to the individual case. These conditions can be restrictions such as surrendering a passport, which will prevent the girl at risk from being taken abroad with the intention of her undergoing FGM. Breaching an FGMPO, i.e. if the respondent ‘breaks’ the conditions of the order, is a criminal offence and can potentially come with a sentence of five years in prison. The police can be contacted as a result of a breach and an application should be made for the respondent’s arrest thereafter. Alternatively, the respondent could be sent to prison for two years for contempt of court.

Going to court can be a very daunting and scary process. It is important to remember that the court can offer protective measures to better ensure feelings of safety and security. If you are making an application, it is recommended that you outline your concerns on the application form and, if required, special provisions can be made so that you avoid being present at the court hearing with other persons involved (such as separate waiting rooms or installing a screen when you give evidence).  It is advised that you speak to a solicitor should you have any queries or concerns in respect of the process or your access to legal aid. If you are currently in Children Act 1989 proceedings and require assistance making an application for an FGMPO, please do not hesitate to call us on 020 7608 1227.

×

Request a Free Call Back

Use this form to request a call from one of our Solicitors

    By completing this form you agree to our Privacy Policy.

    London (Head Office)


    9 Gough Square
    London
    EC4A 3DG
    Get directions on the map →

    Brighton


    Mocatta House
    Trafalgar Place
    Brighton
    BN1 4DU
    (by appointment only)

    Get in touch with our Solicitors


    London Office

    020 7608 1227

    Mon - Fri 09:30 – 17:30

    Brighton Office

    01273 007 264

    Mon - Fri 09:30 – 17:30

    Emergency Phone

    07826 559 418

    Weekends / Out of hours
    • Authorised and regulated by the Solicitors Regulation Authority: 60514.
    • Goodman Ray Solicitors LLP registered under company number OC382130.
    • Registered address: 9 Gough Square, London, EC4A 3DG
    • Authorised and regulated by the Solicitors Regulation Authority (SRA) – SRA number 592367.
    • Our registration number with the Information Commissioner is Z5059567.