New pilot regarding FGM and forced marriage protection orders

New pilot regarding FGM and forced marriage protection orders

A new pilot scheme will commence from Monday 23rd July 2018 for six months, with the introduction of a new Family Procedure Rules 2010 (FPR 2010), PD 36H.

The pilot applies to female genital mutilation (FGM) and forced marriage protection orders, and the variation, extension and discharge of such orders. It is designed to improve notification to the police when a court makes these types of orders. FPR 2010, PD 36H provides, inter alia, that:

  • applicants (or bailiffs on behalf of the court where an applicant is in person) are required to serve the order on the respondent within two days of the order being made by the court
  • a certificate of service must be submitted to the court by the applicant or bailiff within seven days of service on the respondent
  • if the court has not received a certificate of service within the anticipated timeframe, HMCTS will refer the file to a judge to consider what further order, if any, is required
  • applicants will be required to notify the police through a centralised email address within two days of the respondent being served with the order, and
  • where service has been effected by the court, the court must serve the order on the centralised police email address within one working day of receipt of the certificate of service from the court bailiff

The Ministry of Justice has indicated that it is hoped that these changes to the service procedure will improve notification of such orders to the police, giving the police the opportunity to implement appropriate safeguarding strategies to enable vulnerable persons to be protected as early as possible.

The pilot will run nationally for six months, concluding on Friday 25 January 2019.

Geraldine Morris is a solicitor and head of LexisPSL Family

Twitter: @geraldinemorris

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About the author:

Geraldine is Head of LexisPSL Family. She was admitted as a solicitor in 1992 and was in practice for 15 years, most recently as a partner and head of the family team at Hart Brown, a large Surrey firm.

Geraldine writes for Butterworths Family Law Service and is a past editor of the Resolution Review. She has been published in the New Law Journal, the Law Society Gazette and the District Judges’ Bulletin as well as in the national press including the Times and the Telegraph.

When in practice she was a member of the Law Society Family and Children Panels, and an accredited Resolution Specialist with a focus on advanced financial provision and pensions. A past Resolution regional secretary and press officer, Geraldine also contributed chapters to the Resolution publications, International Aspects of Family Law (3rd Edition 2009) and The Modern Family (2012).