Controlling and coercive behaviour: Synergies and learning points from the court of protection and family law

Amelia Nice Doughty Street Chambers

This article addresses the key issues discussed at a Doughty Street Chambers seminar which considered the issue of controlling and coercive behaviour in the Court of Protection with consideration of lessons that can be learnt from the practice in the family court.

The article defines controlling and coercive behaviour generally and within both family and court of protection jurisdictions. It considers how to identify such behaviour and unpacks expert analysis of the psychological dynamics that are relevant such as trauma bonding and PTSD.

The article then considers how controlling and coercive behaviour can affect outcomes in the court of protection with particular consideration of where lack of capacity has been found to result from such behaviour and how the courts address it; and in the family law context where allegations of such behaviour often arise in the context of private children proceedings. The article reflects on the mechanisms used in the two jurisdictions to deal with allegations of this type of behaviour and their utility.

Finally the article reflects on the inherent jurisdiction a residual legal framework. Contrary to...