Many people reach out for help and advice during a time they are at their most vulnerable.

For example, this could be a call received from a distressed son or daughter who is worried about their parents lack of capacity and have tough decisions to make with regards to where their family members will live and who will take responsibility of their care, or a call from someone with regards to an incapacitated person they are worried about who is living with a person that may be taking advantage of them in some way.

What should you do when you think someone is being subjected to coercive control?

It’s difficult for people with an impairment of the mind or brain to make their own decisions, but the Mental Capacity Act 2005 (MCA) aims to achieve just that whenever possible. The MCA provides a definition as to what is regarded as a person who lacks capacity, and also that capacity is decision and issue specific. For example, a person may have the capacity to write a will but may lack capacity when it comes to responsibly managing matters that relate to their property and finances.

An impairment could be brought on by something such as suffering a brain injury, dementia, or other injuries.

The first thing you should do is have a professional figure out exactly which specific issues they lack in capacity. A capacity assessment can be carried out by a GP or health practitioner to ascertain this.

It should be noted that the MCA states that an unwise decision is not regarded as an incapacious decision, so it must be determined whether coercion has potentially taken place during decision making, or whether it is simply a bad decision made by someone who does hold adequate capacity for the issue at hand.

A case of coercive control

One recent fairly publicised case involved a 70-year-old woman who had been diagnosed with a global cognitive impairment. She had an investment portfolio valued at over £1 million and was in a relationship with a younger male who had a history of criminal convictions with many relating to fraud and theft. He was also under a nine-year custodial sentence for dishonesty and blackmail related to a different case.

The woman was close with her daughters and elderly father and before meeting her partner she had remained out of a relationship following the breakdown of her marriage with the father of her children.

Once she had formed a relationship with this new man the close relationship she had enjoyed all of her life with her family members gradually began to break down to the point her daughters raised their concern.

Their concerns began to heat up when expensive purchases were being made, such as properties and vehicles, as well as the liquidation of investments and the creation of a new will that they believed was driven by her new partner’s coercive control.

The daughter’s sought a declaration from the Court of Protection that their mother lacked the capacity needed to make decisions about her contact with others, including her relationship with her partner, along with an Order that would prevent her partner from having further contact with their mother and an Order to prevent them from being able to enter into a marriage.

Read: Family law explained

The judge’s ruling

The judge who headed the case stated that the woman did indeed lack the general capacity required when it came to her contact with her partner. It was ruled that the partner did subject her to corrosive and coercive behaviour and that she was deprived of autonomous decision-making in relation to the specific context. The judge stated that the women no longer has the ability to exercise her individual free will in the context of any ongoing relationship with the man in question. Her impairment was held accountable for her inability to weigh and use information to the extent that someone with full capacity could achieve.

The final outcome resulted in the man being prohibited from making contact, and should he fail to comply with the injunction it would be replaced with a final order including a penal notice that would mean he’d face charges that could result in imprisonment should he breach that order.

As you can see, it can be difficult understanding and ascertaining coercive control, but with the correct help and evidence it is possible to find the right answers and results for the situation.

If you’d like to discuss your personal situation with our expert team of solicitors here at Fonseca Law, or would like to learn more about any of the legal services that we offer, don’t hesitate to get in touch by calling 01495 303124, e-mailing enquiries@fonsecalaw.co.uk or by completing our online contact form.