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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