Female Genital Mutilation Protection Solicitors

What is an FGM Protection Order?

A Female Genital Mutilation Protection Order (FGMPO) is a civil court order under the Female Genital Mutilation Act 2003 used to safeguard a child or vulnerable adult from the risk of FGM, or to protect those who have already experienced it. The order can prohibit specific actions, restrict travel, and require the surrender of passports, applying to anyone involved in arranging or facilitating the procedure.

• Prohibits arranging FGM in the UK or overseas.

• Requires the surrender of travel documents and passports.

• Can be granted urgently without notice to the respondents.

• Breaching the order is a serious criminal offence.

Understanding Female Genital Mutilation (FGM)

Female Genital Mutilation (FGM) refers to all procedures that involve the partial or total removal of the external female genitalia, or any injury to the female genital organs for non-medical reasons. The World Health Organisation recognises FGM as a violation of human rights and a form of gender-based abuse.

There are no health benefits to FGM. Instead, it causes lifelong harm to girls and women by interfering with the body’s natural functions, leading to severe pain, psychological trauma, and long-term health problems. These include difficulties in childbirth, sometimes placing both mother and baby at risk.

FGM is often referred to as “female circumcision,” “female cutting,” or “initiation,” and the age at which it takes place varies. It may be performed on newborn babies, children, adolescents, or even during pregnancy. The highest-risk age group is typically between five and eight years old. Whether undertaken in the UK or overseas, FGM is illegal under UK law.

FGM procedures are usually not performed in clinical or safe conditions, which greatly increases the risk of infection, haemorrhage, and permanent damage. Despite the risks, FGM practice remains deeply embedded in certain cultural and social traditions, but under UK law it is a crime.

The Law on Female Genital Mutilation

The Female Genital Mutilation Act 2003 makes it a serious criminal offence to carry out or assist in FGM, or to arrange for it to be performed overseas on a UK national or resident. The power to grant these protective orders is contained specifically within Section 5 of the Female Genital Mutilation Act 2003.

Convictions under the Act can result in up to 14 years’ imprisonment for those who commit the act itself, and up to 7 years for those found guilty of assisting. In addition, offences can also carry fines and criminal records.

In order to encourage more people to come forward and report this hidden crime victims of FGM are protected by lifelong anonymity.

Offence Category	Legislation	Maximum Penalty
Carrying Out FGM	FGM Act 2003	14 Years Imprisonment
Assisting FGM	FGM Act 2003	7 Years Imprisonment
Breach of FGMPO	FGM Act 2003 / Family Court	5 Years Imprisonment or 2 Years for Contempt of Court

Female Genital Mutilation Protection Orders (FGMPOs)

To safeguard individuals at risk, the court can issue a Female Genital Mutilation Protection Order (FGMPO). An order can protect someone from being subjected to FGM or provide protection to those who have already experienced it.

FGMPOs contain binding directions that are tailored to the individual circumstances of the person at risk. These conditions can include surrendering passports and travel documents, prohibiting specified individuals from arranging or facilitating FGM either in the UK or abroad, and restrictions that extend to people not named in the application. This reflects the reality that many people may be involved in arranging or pressuring for FGM to take place.

Applications can be made urgently, allowing for protection to be put in place immediately. An FGMPO may also be made during existing family court proceedings, meaning protection can be included without the need for separate applications to be made.

Applying for an FGM Protection Order

An application for an FGMPO can be made in the Family Court by the person at risk, a third party such as a local authority, or any other individual with the court’s permission. In some cases, the court may make an order on its own initiative where it is clear protection is required.

The application process involves filing Form FGM001 along with a sworn statement outlining the reasons for the application and the orders being sought. In urgent cases, the court can hear applications without notice to the respondents, ensuring immediate protection is provided. Hearings are usually conducted in private.

Furthermore, applicants can request additional safeguards such as separate waiting areas, video-link evidence, interpreters, or anonymity measures to help them feel secure throughout the process.

Step	Detail	Purpose & Urgency
1. Application	Submit Form FGM001 to the Family Court, which formally requests the FGM Protection Order.	Initiates the legal process and confirms the court’s jurisdiction.
2. Sworn Statement	File a detailed sworn statement (written evidence) outlining the immediate risk and the specific protective measures needed.	Provides the necessary evidence of risk for the court to consider making an order.
3. ‘Without Notice’ Hearing	In urgent cases, the court holds a hearing without the respondent present to grant immediate, temporary protection.	Secures immediate protection for the person at risk, especially if a child is due to travel overseas.
4. Serving the Order	The respondent (and all relevant parties) are formally served with the FGMPO once it is made.	Ensures the Order is legally binding and enforceable; breach is a criminal offence.

Enforcement & Preventing Travel (Port Alerts)

Stopping Travel at the Airport: Securing the Court Order is just the first step. To ensure immediate safety, we act fast to place a Port Alert with the National Border Force. This flags the child’s passport at all UK airports and ferry terminals, allowing police to stop them from leaving the country immediately.

Recovering Victims from Abroad: If a victim is already overseas, we use Section 5A of the FGM Act 2003 to extend protection beyond the UK. We coordinate directly with the Foreign, Commonwealth & Development Office (FCDO) and international agencies to locate and repatriate British nationals safely.

What Happens if an FGMPO is Breached?

Breaching an FGM Protection Order is a criminal offence carrying a maximum sentence of five years’ imprisonment. Police may arrest without the need for a power of arrest in the case where an order has been breached.

If the police decide not to prosecute, the victims can apply to the family court to have the breach treated as contempt of court. This can result in a custodial sentence of up to two years.

Legal Aid for FGM Cases

Legal aid is available for applications for FGM Protection Orders and for proceedings related to breaches. It is subject to means and merits testing, and funding is available for both applicants and respondents. Cartwright King’s solicitors can advise you on your eligibility and help you secure the support you need.

Frequently Asked Questions (FGM Protection Orders)

What is the difference between FGM and an FGM Protection Order (FGMPO)?

FGM is the illegal act of female genital mutilation. An FGM Protection Order (FGMPO) is a civil injunction granted by the Family Court to protect a child or vulnerable adult who is at risk of FGM or to provide protection to someone who has already been subjected to it.

Who can apply for an FGM Protection Order?

The person at risk, a Local Authority, or any other person with permission of the court (including the police, family members, or specialist solicitors) can apply. Adults or children (with assistance) can be applicants.

Is Legal Aid available for FGM Protection Order cases?

Yes. Legal Aid is generally available for applicants seeking an FGM Protection Order. Our solicitors can quickly assess your financial eligibility and help you secure the necessary funding immediately.

What evidence do I need to get an FGMPO?

The evidence is usually a sworn statement (Form FGM001) outlining the reasons for the application and the risk. In urgent cases, the court can grant an order without notice to the respondent based on your initial evidence to ensure immediate protection.

How Cartwright King Can Help

At Cartwright King, we understand that cases involving FGM are highly sensitive and require immediate and expert intervention. Our solicitors are experienced in protecting children and vulnerable women at risk, and in guiding families through complex court processes.

We work swiftly to secure emergency injunctions and FGM Protection Orders, ensuring your safety is prioritised. Our team also assists with ongoing proceedings, providing support in both family and criminal courts where breaches or related offences arise.

Many FGM cases have international dimensions. Our solicitors are skilled in navigating cross-border concerns, including preventing children from being taken abroad for the purpose of FGM. We combine our legal expertise with cultural awareness, and absolute dedication to securing protection for those at risk. In urgent cases with international concerns, our solicitors are skilled in liaising with external safeguarding bodies, including the Foreign, Commonwealth & Development Office (FCDO), to prevent the illegal removal of a child from the UK and secure their return.

Contact Our Female Genital Mutilation Solicitors

If you or someone you know is at risk, contact our specialist team immediately for urgent, confidential assistance. Legal Aid is generally available for FGMPO applicants. Call Cartwright King on 03458 894 1622 or use our online submission form to speak with a solicitor in confidence.