Female Genital Mutilation

FGM has been illegal in the UK since 1985. In 2003 it also became illegal to take a British national or permanent resident overseas for FGM, or to help someone trying to do this. The crime carries a sentence of up to 14 years. Despite this, there have never been any successful convictions in the UK. To combat this, the UK Government amended the legislation regarding FGM in 2015. In England and Wales, but not in Scotland, a system of mandatory reporting has now been introduced. This means that it is now mandatory for all health professionals to notify the police when they are informed by a girl under 18 that an act of FGM has been carried out on her; or observe physical signs which appear to show that an act of FGM has been carried out on a girl under 18 and they have no reason to believe that the act was necessary for the girl’s physical or mental health or for purposes connected with labour or birth.

The General Medical Council (GMC) duty of confidentiality does not therefore apply in this case. The duty to report is a personal duty, which requires the individual professional who becomes aware of the case to make a report; the responsibility cannot be transferred. FGM is the only form of child abuse for which mandatory reporting applies. In 2020 a new UK government multi-agency guideline on FGM was published and can be accessed here. Further information and advice can also be found on the UK Governments website. 

Advice on the law which applies in Scotland can be found here.