| Paragraph 4:
“The nature of the allegations
included in support of the application can succinctly and
accurately be summarised as involving complaints of
“coercive and controlling behaviour” on
F’s part. In the Family Court that expression is
given no legal definition, In my Judgement, it requires
none. The term us unambiguous and needs no embellishment.
Understanding the scope and ambit of the behaviour
however, requires a recognition that “Coercion”
will usually involve a pattern of acts encompassing, for
example, assault, intimidation, humiliation and threats.
“Controlling behaviour” really involves a range
of acts designed to render an individual subordinate and
to corrode their sense of personal autonomy. Key to both
behaviours is an appreciation of a “pattern” or
“a series of acts” the impact of which must be
assessed cumulatively and rarely in isolation.”
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| Paragraph
60:
And at paragraph 60 Hayden J says:
“In A County Council v LW & Anor
[2020]
EWCOP 50 I gave an ex tempore judgment in which I
highlighted the need for vigilance, in the Court of
Protection, when seeking to understand and identify
coercive and controlling behaviour in the context of
particularly vulnerable adults. In my judgement, it is
crucial to emphasise that key to this particular form of
domestic abuse is an appreciation that it requires an
evaluation of a pattern of behaviour in which the
significance of isolated incidents can only truly be
understood in the context of a much wider picture. The
statutory guidance published by the Home Office pursuant
to Section 77(1) of the Serious Crime Act 2015 identified
paradigm behaviours. In A County Council v LW (supra)
emphasised
the features of that guidance which struck me as
particularly apposite in the context of vulnerable
adults. They are strikingly relevant here:
- Isolating a person from
their friends and family.
- Depriving them of their
basic needs.
- Monitoring their time.
- Monitoring a person via
online communication tools or using spyware.
- Taking control over aspects
of their everyday life, such as where they can
go, who they can see, what to wear and when they
can sleep.
- Depriving them access to
support services, such as specialist support or
medical services.
- Repeatedly putting them down
such as telling them they are worthless.
- Enforcing rules and activity
which humiliate, degrade or dehumanise the
victim.
- Forcing the victim to take
part in criminal activity such as shoplifting,
neglect or abuse of children to encourage self
blame and prevent disclosure to authorities.
- Financial abuse including
control of finances, such as only allowing a
person a punitive allowance.
- Control ability to go to
school or place of study.
- Taking wages, benefits or
allowances.
- Threats to hurt or kill.
- Threats to harm a child.
- Threats to reveal or publish
private information (eg threatening to
“out” someone).
- Threats to hurt or
physically harming a family pet.
- Assault.
- Criminal damage (such as
destruction of household goods).
- Preventing a person from
having access to transport or from working.
- Preventing a person from
being able to attend school, college or
university.
- Family dishonour.
- Reputational damage.
- Disclosure of sexual
orientation.
- Disclosure of HIV status or
other medical condition without consent.
- Limiting access to family,
friends and finances.
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