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This text sets out how the law protects adults from coercive control, to give an understanding of:
1. coercive and controlling behaviour, and how adults with mental disabilities are susceptible to becoming victims;
2. cases in the Court of Protection and under the inherent jurisdiction of the High Court, and the remedies available in those jurisdictions; and
3. the skillsets that lawyers should deploy when representing one of the three parties in these cases: (a) the local authority, (b) the controlling person and (c) the victim.
It covers the challenges faced, how to conduct proceedings and the available remedies.
This title is included in Bloomsbury Professional's Family Law online service.
List of contents
1 Introduction
2 What is Coercive Control?
3 Determining Capacity in the Court of Protection
4 Decision-making Domains
5 Coercive Control Cases in the Court of Protection
6 Principles and Procedure in the Inherent Jurisdiction
7 Coercive Control Cases in the Inherent Jurisdiction
8 Finding Facts
9 Legal Remedies
10 Representation of the Victim
11 Representation of the Local Authority / the Controlling Person
12 Conclusions
About the author
Oliver’s practice spans health care, disability and human rights. He acts for the full range of NHS bodies, local authorities, the Official Solicitor and family members in medical treatment and complex welfare proceedings cases in the Court of Protection and in the Family Division. He is regularly instructed in inquests, Human Rights Act and negligence claims in relation to health and social care.
Having participated in the negotiations that led to the UN Convention on the Rights of Persons with Disabilities (2006), Oliver provides training and advice to intergovernmental bodies, governments and NGOs on its implementation. Oliver’s international practice draws on his 14 years as legal director then executive director of Validity (formerly Mental Disability Advocacy Centre), an international disability rights NGO based in Budapest.
