Reviewed 20 August 2026 against current GOV.UK forced-marriage guidance and the law in England and Wales.
By Aneeta Prem MBE
Forced marriage safeguarding depends on a simple principle: marriage must be a free choice between people who are legally able to make that choice.
But capacity, consent and coercion are not interchangeable words. Treating them as though they mean the same thing can lead to poor safeguarding decisions.
Capacity and consent are related, but different
Mental capacity is about whether a person can make a particular decision at the relevant time. Under the Mental Capacity Act 2005, capacity is decision-specific. A person should not be assumed to lack capacity simply because they have a disability, mental-health condition, communication difficulty or because other people disagree with their decision.
Consent asks a different question: has the person freely agreed?
An adult may have capacity to decide about marriage but still be forced through threats, emotional pressure, financial control or other coercion. Equally, an adult who lacks capacity to consent to marriage cannot give valid consent even if nobody is overtly threatening them.
Good safeguarding therefore asks both questions: can this person make the decision, and are they making it freely?
What forced-marriage law says about adults
In England and Wales, forced marriage is a criminal offence.
For adults who have capacity, force can include violence, threats and other forms of coercion. Government guidance makes clear that coercion may be physical, psychological, emotional, sexual or financial.
The law separately protects a person who lacks mental capacity to consent to marriage. Conduct intended to cause that person to marry can amount to the forced-marriage offence even if coercion is not used.
That protection matters because somebody who cannot consent should not have to demonstrate fear, resistance or a verbal refusal before professionals act.
Children under 18 are different
Since 27 February 2023, the law in England and Wales has been clearer still.
It is an offence to do anything intended to cause a child to marry before their eighteenth birthday, even if violence, threats or another form of coercion are not used. The offence can apply to religious or traditional ceremonies even where the marriage would not be legally recognised.
That means professionals should not ask whether a 16- or 17-year-old appears willing and then treat apparent agreement as making the marriage acceptable. The law protects the child because of their age.
FGM is a separate legal issue
Capacity language should not be used to suggest that FGM becomes lawful if somebody appears to consent.
FGM is illegal in the UK. A child cannot make FGM lawful by agreeing to it, and adults also cannot make prohibited FGM lawful through consent.
That is why forced marriage and FGM may sit together in safeguarding work while still requiring precise legal language.
Coercion does not always look like a threat
Family pressure can operate without a single explicit threat.
A person may be told that refusal will shame the family, cause illness, destroy relationships, leave relatives vulnerable or lead to financial abandonment. They may be monitored, prevented from travelling independently or denied access to money and documents.
Government forced-marriage guidance recognises emotional and psychological pressure as well as physical violence.
The safeguarding question is not simply, “Did anyone threaten you?” It is whether the person has a real and safe ability to say no.
Disability and dependence require careful practice
People with learning disabilities or other conditions affecting decision-making can face particular risks, but disability must never be treated as proof of incapacity.
Capacity must be assessed properly for the particular decision. Communication support, accessible information and enough time may be needed before anyone can conclude that a person cannot make the decision themselves.
At the same time, professionals must remain alert to family members speaking for a person, controlling access to them or presenting a marriage as a solution to care needs.
The person at risk should be heard directly wherever that can be done safely.
Why silence is not reassurance
Victims of forced marriage may not disclose immediately. Some are frightened, some are being watched and some do not yet have the language to describe what is happening.
Statutory guidance recognises that sensitive questioning can be important even when there is no first disclosure. Professionals should follow current safeguarding procedures and avoid actions that could increase risk, such as involving family members without careful consideration.
Three questions that improve safeguarding
- Is the person legally able to make this decision?
- Do they have the mental capacity to make it at this time?
- Is the decision genuinely free from coercion, pressure and control?
For a child under 18 in England and Wales, the first question already resolves the marriage issue: they cannot lawfully marry, and conduct intended to cause the marriage may be a criminal offence.
Final word
“No capacity means no consent” remains an important safeguarding principle. But it should not be used as a shortcut that erases age, coercion or the specific law governing a harmful practice.
Precision protects people. The stronger question is whether the person is legally able to decide, able to understand the decision, and genuinely free to make it.
Sources and further reading
- GOV.UK: multi-agency forced-marriage guidance
- GOV.UK: forced marriage
- GOV.UK: minimum marriage age legislation
