References

Abdalla SM, Galea S. Is female genital mutilation/cutting associated with adverse mental health consequences? A systematic review of the evidence. BMJ Global Health. 2019; 4:(4) https://doi.org/10.1136/bmjgh-2019-001553

B and G. Children No 2: Leeds City Council 2015. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWFC/HCJ/2015/3.html&query=(LJ13C00295) (accessed 15 March 2020)

BA and Anor v JA and Ors. Female genital mutilation protection orders and immigration appeals. 2018. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2018/1754.html&query=(FD18F070004) (accessed 19 March 2020)

British Association of Social Workers. FGM: social workers should not take on the role of the police. 2015. https://www.basw.co.uk/media/news/2015/feb/fgm-social-workers-should-not-take-role-police (accessed 15 March 2020)

FGM parents ‘are having girls cut at younger age’. 2014. https://www.standard.co.uk/news/health/fgm-parents-are-having-girls-cut-at-younger-age-9440144.html (accessed 15 March 2020)

Crown Prosecution Service. Violence against women and girls crime report 2018–2019. 2019a. https://www.cps.gov.uk/publication/violence-against-women-and-girls (accessed 20 March 2020)

Crown Prosecution Service. Female genital mutilation prosecution guidance. 2019b. https://www.cps.gov.uk/legal-guidance/female-genital-mutilation-prosecution-guidance (accessed 14 March 2020)

Dean E. Hidden toll of FGM. Nursing Standard. 2014; 28:(36)

Department of Health. Female genital mutilation (FGM) mandatory reporting duty. 2017. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/525405/FGM_mandatory_reporting_map_A.pdf (accessed 11 May 2020)

E (Female Genital Mutilation and Permission to Remove) EWHC 1052 (Fam). 2016. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2016/1052.html&query=(FD15FO7001) (accessed 15 March 2020)

European Court of Human Rights. European convention on human rights. 1950. https://www.echr.coe.int/Documents/Convention_ENG.pdf (accessed 15 March 2020)

Female Genital Mutilation Act. 2003. http://www.legislation.gov.uk/ukpga/2003/31/contents (accessed 14 March 2020)

Freedom of Information Act. 2000. http://www.legislation.gov.uk/ukpga/2000/36/contents (accessed 15 March 2020)

Gaffney-Rhys R. From the Offences Against the Person Act 1861 to the Serious Crime Act 2015 – the development of the law relating to female genital mutilation in England and Wales. Journal of Social Welfare and Family Law. 2017; 39:(4)417-434 https://doi.org/10.1080/09649069.2017.1390287

Gaffney-Rhys R. Female genital mutilation: the law in England and Wales viewed from a human rights perspective. The International Journal of Human Rights. 2019; 1-26 https://doi.org/10.1080/13642987.2019.1646249

Her Majesty's Courts and Tribunals Service. Female genital mutilation (FGM) protection orders. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/778582/fgm700-eng.pdf (accessed 14 March 2020)

Her Majesty's Courts and Tribunals Service. Form FGM001: application for a female genital mutilation (FGM) protection order. 2017. https://www.gov.uk/government/publications/form-fgm001-application-for-a-female-genital-mutilation-fgm-protection-order (accessed 1 May 2020)

HM Government. Mandatory reporting of female genital mutilation: procedural information. 2015. https://www.gov.uk/government/publications/mandatory-reporting-of-female-genital-mutilation-procedural-information (accessed 17 April 2020)

HM Government. Get a female genital mutilation protection order. https://www.gov.uk/female-genital-mutilation-protection-order (accessed 17 April 2020)

Iwanowicz-Palus G, Krysa J, Korzynska-Pietas M, Rzonca E, Bien A. Midwife's professional functions prescribed by the law. Polish Journal of Public Health. 2018; 128:74-77 https://doi.org/10.2478/pjph-2018-0013

Larsson M, Cohen P, Hann G, Creighton SM, Hodes D. An exploration of attitudes towards female genital mutilation (FGM) in men and women accessing FGM clinical services in London: a pilot study. Journal of Obstetrics and Gynaecology. 2018; 38:(7)1005-1009 https://doi.org/10.1080/01443615.2018.1437718

Lazenbatt A. Safeguarding children and public health: Midwives' responsibilities. Perspectives in Public Health. 2010; 130:(3)118-126 https://doi.org/10.1177%2F1757913909360467

Female genital mutilation in England and Wales: Updated statistical estimates of the numbers of affected women living in England and Wales and girls at risk interim report on provisional estimates. 2014. https://openaccess.city.ac.uk/id/eprint/3865/ (accessed 20 March 2020)

Malik Y, Rowland AG, Gerry F, MacVane Phipps F. Mandatory reporting of female genital mutilation in children in the UK. British Journal of Midwifery. 2018; 26:(6)377-386 https://doi.org/10.12968/bjom.2018.26.6.377

Ministry of Justice. Family Court Statistics Quarterly, England and Wales, July to September 2019. 2019. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/857335/FCSQ_July_to_September_2019_2.pdf (accessed 15 March 2020)

National FGM Centre. Female genital mutilation: guidance for schools. 2019. http://nationalfgmcentre.org.uk/wp-content/uploads/2019/06/FGM-Schools-Guidance-National-FGM-Centre.pdf (accessed 11 May 2020)

National Institute for Health and Care Excellence. Child abuse and neglect, NICE guideline [NG76]. 2017. https://www.nice.org.uk/guidance/NG76 (accessed 1 May 2020)

NHS. Overview: Female genital mutilation. 2019. https://www.nhs.uk/conditions/female-genital-mutilation-fgm/ (accessed 14 March 2020)

NHS Digital. Female genital mutilation July–September 2019. 2019. https://digital.nhs.uk/data-and-information/publications/statistical/female-genital-mutilation/july---september-2019 (accessed 15 March 2020)

Nursing and Midwifery Council. Standards for competence for registered midwives. 2009. https://www.nmc.org.uk/globalassets/sitedocuments/standards/nmc-standards-for-competence-for-registered-midwives.pdf (accessed 14 March 2020)

Nursing and Midwifery Council. The code: professional standards of practice and behaviour for nurses, midwives and nursing associates. 2018. https://www.nmc.org.uk/globalassets/sitedocuments/nmc-publications/nmc-code.pdf (accessed 16 March 2020)

Nursing and Midwifery Council. Revalidation. 2019a. http://revalidation.nmc.org.uk/welcome-to-revalidation/index.html (accessed 16 March 2020)

Nursing and Midwifery Council. Standards for pre-registration midwifery programmes. 2019b. https://www.nmc.org.uk/globalassets/sitedocuments/standards/standards-for-pre-registration-midwifery-programmes.pdf (accessed 14 March 2020)

Pastor-Bravo MDM, Almansa-Martínez P, Jiménez-Ruiz I. Living with mutilation: a qualitative study on the consequences of female genital mutilation in women's health and the healthcare system in Spain. Midwifery. 2018; 66:119-126 https://doi.org/10.1016/j.midw.2018.08.004

Re A (A Child: Female Genital Mutilation: Asylum) EWHC 2475 (Fam). 2019. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2019/2475.html&query=(NR18F05001) (accessed 19 March 2020)

Re E (Children) (Female Genital Mutilation Protection Orders) EWHC 2275 (Fam). 2015. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2015/2275.html&query=(FD15FO7001) (accessed 14 March 2020)

Re X (A Child: FGMPO) (Rev 2) EWCA Civ 1825. 2018. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2018/1825.html&query=(B4/2017/3363) (accessed 14 March 2020)

Royal College of Midwives. Safeguarding in maternity: an introduction. 2016. https://www.ilearn.rcm.org.uk/enrol/index.php?id=306 (accessed 1 May 2020)

Royal College of Midwives. Safeguarding and child protection. 2017. https://www.ilearn.rcm.org.uk/enrol/index.php?id=413 (accessed 1 May 2020)

Female genital mutilation (FGM): law and practice Jordan Publishing; 2017 Suffolk CC v RD and others EWHC 323 (Fam). 2020. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2020/323.html&query=(NR18F05001) (accessed 19 March 2020)

Thandi K. Female genital mutilation: raising awareness among teachers. British Journal of School Nursing. 2014; 9:(2)85-87 https://doi.org/10.12968/bjsn.2014.9.2.85

United Nations Children's Fund. Female genital mutilation (FGM). 2020. https://data.unicef.org/topic/child-protection/female-genital-mutilation/ (accessed 14 March 2020)

United Nations Population Fund. For many girls, school holidays means FGM ‘cutting season’. 2017. https://www.unfpa.org/cuttingseason (accessed 11 May 2020)

UK Government. Multi-agency statutory guidance on female genital mutilation. 2018. https://www.gov.uk/government/publications/multi-agency-statutory-guidance-on-female-genital-mutilation (accessed 16 March 2020)

UK Government. Family Court Statistics Quarterly: April to June 2019. 2019. https://www.gov.uk/government/statistics/family-court-statistics-quarterly-april-to-june-2019 (accessed 20 March 2020)

United Nations Population Fund. 5 ways female genital mutilation undermines the health of women and girls. 2019. https://www.unfpa.org/news/5-ways-female-genital-mutilation-undermines-health-women-and-girls (accessed 14 March 2020)

World Health Organization. Female genital mutilation. 2001. https://www.who.int/gender/other_health/Studentsmanual.pdf (accessed 14 March 2020)

World Health Organization. Eliminating female genital mutilation. 2018. https://www.un.org/womenwatch/daw/csw/csw52/statements_missions/Interagency_Statement_on_Eliminating_FGM.pdf (accessed 14 March 2020)

World Health Organization. Female genital mutilation. 2020. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation (accessed 11 May 2020)

X (A Child) (Female Genital Mutilation Protection Order: Restrictions on Travel) EWHC 2898 (Fam). 2017. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2017/2898.html&query=(FD16F07013) (accessed 15 March 2020)

Z (A Child) (FGMPO: Prevalence of FGM) EWHC 3566 (Fam). 2017. https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2017/3566.html&query=(BR13P02186) (accessed 15 March 2020)

A review of the law surrounding female genital mutilation protection orders

02 July 2020

Research

02 July 2020

Volume 28 · Issue 7

ISSN (print): 0969-4900

ISSN (online): 2052-4307

Abstract

Performing female genital mutilation (FGM) is prohibited within the UK by the FGM Act of 2003. A mandatory reporting duty for FGM requires regulated health and social care professionals and teachers in England and Wales to report known cases of FGM in under 18-year-olds to the police. An application to the court for an FGM protection order (FGMPO) can be made to keep individual women and girls safe from FGM. This paper reveals the significant disconnect between the number of FGMPO applications and known recorded cases of FGM. The introduction of FGMPOs requires critical exploration as there is insufficient evidence to show that FGMPOs are effective in protecting women and girls from FGM. It is therefore unclear what impact, if any, FGMPOs are having upon the protection of women and girls at risk of FGM. The barriers to the implementation of FGMPOs and possible solutions are discussed.

Female genital mutilation (FGM) is a procedure where the female genitalia are altered, injured or removed (World Health Organization [WHO], 2020) without medical indication (Crown Prosecution Service [CPS], 2019b). FGM is commonly performed on girls between the ages 4–12 years old as a ‘rite of passage’ to womanhood. However, the age when FGM is performed varies and can be significantly younger. As the campaign against FGM has intensified in the UK, concerns have arisen that parents are cutting children at a younger age to avoid detection (Bentham, 2014).

Performed worldwide, FGM transcends geographical borders, ethnicities and cultures. While the total number of women worldwide who have undergone FGM is unknown, the United Nations Children's Fund ([UNICEF], 2020) estimate there are around 200 million women and girls living today who have been subject to FGM. FGM is also known as female circumcision and other terms including cutting, sunna, gudniin, halalays, tahur, megrez and khitan (NHS, 2019). According to UNICEF (2020), there has been an overall decline in the prevalence of the practice over the last three decades but not all countries have made progress and the pace of decline has been uneven.

Register now to continue reading

Thank you for visiting British Journal of Midwifery and reading some of our peer-reviewed resources for midwives. To read more, please register today. You’ll enjoy the following great benefits: