Written evidence submitted by
Vera Baird QC, Police and Crime Commissioner for Northumbria
Thank you for the opportunity to provide evidence to your committee about Female Genital Mutilation and our experiences in Northumbria. It is only right and just that FGM is recognised internationally as a violation of human rights and I am very encouraged to see that the Home Affairs Committee is fully committed to understanding the barriers to disclosure and prosecution, to help reduce this violent and abhorrent crime and bring those responsible to justice.
As requested I have structured our response around your key lines of enquiry. This response has been shaped by the views of my PCC Gender Advisory Group and reflects the intentions and a key priority area in the north east regional Violence against Women and Girls (VAWG) Strategy. As with all priorities in the strategy the aim is simple – to make help more available so whenever or wherever a victim-survivor seeks help, there is someone with the training needed to cope calmly with any disclosure and engage her with support services and a route to safety.
Existing legislative framework and the barriers to effective prosecution
The 2003 Female Genital Mutilation Act is an extremely important addition to the statute book. The problem lies with implementation of the legislation rather than the legislation itself. For too long we have been far too passive about the issue of FGM, many see it as a deeply entrenched cultural tradition, overlooking the fact it is actually a serious crime and form of child sexual abuse.
The lack of prosecutions of FGM since 2003 has been mentioned over 45 times in parliament to no avail. Women need to see the law being enforced against FGM to help build their confidence to report incidents and also stop this terrible abuse for future generations.
Prosecution relies heavily on victims disclosing what has happened to them or is about to happen to them and as most victims of FGM have grown up in a culture that makes them believe that this act is a good thing and makes them clean they are unlikely to come forward and disclose. We need to be vigilant and encourage schools to ask the appropriate questions if young girls do not attend school for some time or display behaviour that indicates they are in pain or discomfort.
Further barriers to prosecution appear to be the gaps in or lack of multi-agency co-operation. It would appear that different statutory agencies are not appropriately speaking to each other or logging potential cases. Julie Bindel wrote in ‘An unpunished crime – the lack of prosecutions for female genital mutilation in the UK’ that around 170,000 women and girls in the UK had undergone FGM. This is a shocking statistic as policies and legislation have been in place since the 1980s, strengthened by the private members bill in 2003.
The current position in the UK of no prosecutions for FGM cannot continue, nor can the brutal harm women and girls are subject to through FGM. I will watch closely and learn from the ongoing case in this country where a prosecution for FGM is expected to go ahead in the very near future.
Those at most risk in the UK and the barriers to identification and intervention
Those most at risk in the UK appear to be from the Horn of Africa such as Somalia and parts of north east and west Africa. The practice of FGM can be fund among all religious, ethnic and cultural groups and across all socioeconomic classes.
The main barrier to identification is resistance on so called cultural grounds on the parts of families who wish to practice this act, and unease from others about broaching the subject. The barrier to intervention is that there is a lack of understanding about the legislation surrounding FGM and the support services available – something I wish to address through my VAWG Strategy.
The role of the Police and multi-agency co-operation
Multi-agency co-operation needs to be enhanced across the board and strengthened to include seamless pathways between victim identification, referral, support and the criminal justice system. There are opportunities to have more hard hitting, joined up campaigns both at a national and local level where agencies have already well developed resources which can be shared and utilised widely.
All key agencies particularly those that have a specialist knowledge in this area have a role to play in ensuring the safety of those girls at risk of FGM, from the frontline health professional spotting the signs of violence, Local Safeguarding Children’s Boards, to the police gathering the right evidence and the Crown Prosecution Service considering how they can best support the victim to ensure a successful prosecution. Working together as agencies and together with our local communities is the only way we will be able to stop this crime and bring those responsible to justice.
Very specifically, the role of the police should be to employ greater use of intelligence-led police operations and surveillance, particularly against "cutters". To support this sentencing guidelines could offer significantly reduced sentences for former cutters or parents who co-operate with the police and relevant authorities.
In addition I would suggest that there should be a change in the law to require all professionals who came across examples of FGM (likely to be doctors, midwives, nurses who see physical evidence or anyone who gets a disclosure from a victim) to report it. FGM is practised by particular communities and if it is present in one woman there it is likely to be endemic and a threat to future women and girls and we must identify its prevalence enabling agencies’ to target intervention work.
I know collecting evidence and information for this form of abuse can be difficult for a variety of reasons, one being that child victims would have to give evidence against their family potentially criminalising parents and older brothers and sisters which is a very difficult situation. That is why my role as Police and Crime Commissioner and the role of the police is essential in ensuring victims receive the correct support, that action is taken, and those people who commit the crime are dealt with appropriately.
Systems for collecting and sharing information on FGM
To put an end to this injustice that has been carried out for thousands of years it will take a huge change of mentality. FGM is a deeply rooted tradition that cannot be stopped by legislation but by the people and communities carrying this out and standing by while it is carried out.
There is a need for a multi-agency system which allows all agencies access to the same information about potential cases, allowing agencies including health to work together to tackle individual cases and collect and share sufficient evidence to proceed with successful prosecutions and prevention work in areas where there is a concern that the practice continues.
Raising awareness of FGM
There are many ways in which we can raise awareness of FGM and help to reduce this criminal act across the UK:
To underpin this awareness raising work it is essential to develop accessible and culturally appropriate material, toolkits for discussion with adults and children. This is not a quick fix but something that has to be seen as a more long-term education and awareness programme. The national zero tolerance day for FGM is a good start but something that must be built upon as a first step to awareness raising, a more detailed programme of activity is sorely needed.
Training for frontline staff working with communities across the board is key to ensuring early signs of FGM are recognised and the most appropriate support, intervention and prosecution where there is robust evidence. Compulsory training for doctors, midwives, receptionists at clinics and health teams for them to report cases of FGM to health authorities and the police should be carried out.
We have good examples of frontline training in Northumbria, for example the Shine Newcastle project that looks to offer women free and confidential advice about a range of issues related to sexual health. Honour based violence and FGM training is rolled out to all new police recruits, community support officers, call handlers and investigators with more in-depth training provided to our protecting vulnerable people unit. The training provides officers with information about legislation, support services and appropriate responses.
I was very pleased to find out recently that midwives in one part of Northumbria are trained to identify signs of FGM on expectant mothers and have systems in place to report the birth of a baby girl to social services where the mother has been subject to this act as due to the mothers history the baby is now at risk of FGM.
Support services for women and girls
Available support services for women and girls who have suffered FGM should be improved to provide a one stop shop where women can go for safety and who may fear their younger siblings, relatives or friends are going to be subject to FGM. It is essential to provide safe places for girls to go who are fleeing this violence or who report it and are fearful to return home.
Resourcing education and awareness campaigns and providing the necessary support to keep victims safe from harm can be great but by working together with others, sharing resources, materials, working more efficiently to identify victims of FGM and provide the support needed can lead to more effective and leaner ways of working.
Learning what works well across the country in terms of raising awareness of FGM, providing appropriate support services for the victim and providing opportunities for people to confidentially report this crime whether happening to them or to someone they know is essential to ending this violence for the current generation and generations to come.