Coercive Control: The Section 76 Offence and What Health Staff Should Know

Coercive control is a pattern of behaviour used to dominate another person, and since 2015 it has been a crime in England and Wales. It does not have to involve physical violence, which is why it is often missed by the people best placed to notice it, including nurses, carers, GPs and support workers. This guide explains how the law defines controlling or coercive behaviour, what it can look like, and what health and care staff should do. It sits alongside our wider guide to domestic abuse awareness for care and healthcare staff. It is general education and not legal advice.

What does the law say?

The offence is in section 76 of the Serious Crime Act 2015. The government’s statutory guidance describes controlling or coercive behaviour as a range of acts designed to make a person subordinate or dependent, together with a continuing act or pattern of acts of assault, threats, humiliation and intimidation. The behaviour is the key. A single argument, however unpleasant, is not enough.

What has to be proved?

According to the statutory guidance, the offence has four main elements:

• The behaviour is repeated or continuous.
• The two people are personally connected. In practice this covers intimate partners and family members who live together.
• The behaviour has a serious effect on the victim. This means the victim fears violence on at least two occasions, or suffers serious alarm or distress that has a substantial effect on their day-to-day activities.
• The person behaving this way knows, or reasonably ought to know, that it will have a serious effect.

The maximum penalty is five years in prison on conviction in the Crown Court, or up to 12 months on summary conviction, along with possible fines and other orders.

What can it look like?

The statutory guidance gives examples of controlling or coercive behaviour. They include:

• Isolating a person from friends, family and other support.
• Controlling money, such as withholding it or monitoring every purchase.
• Monitoring the person through technology or social media.
• Restricting movement, clothing or sleep.
• Degrading or humiliating the person.
• Threatening to harm them or to reveal private information.
• Forcing them to take part in criminal activity.

These behaviours can build slowly. The victim may not describe them as abuse, and may blame themselves.

Why should health and care staff care?

Health and care staff often see people when they are least able to hide what is happening, for instance during an illness, a pregnancy, an admission or a care visit. Coercive control also affects people who use services. An older or disabled person may be controlled by a partner or a relative who is their carer, and the control can look like “protective” behaviour. Staff are well placed to notice that something does not feel right.

Signs to look for

• A partner or relative who always answers for the person, or insists on staying in the room.
• The person seems anxious about what the other person will say or do, or about being late.
• Missed appointments, or being unable to attend alone.
• Little or no access to their own money, phone or documents.
• Loss of contact with friends and family.
• Injuries or health problems that do not match the explanation given.
• Changes in mood, including withdrawal, anxiety or low mood.

None of these confirms abuse. They are reasons to look further and to create a safe opportunity to talk.

What should staff do?

1. Create a private opportunity to talk. Ask the person on their own, and never use a partner or relative to interpret.
2. Ask simply and kindly. A question such as “Does anyone at home make you feel afraid or controlled?” is enough. Listen without judging.
3. Believe the person. Do not question their account or suggest they should leave. Leaving can be the most dangerous time.
4. Do not confront the person causing harm. This can increase risk to the victim.
5. Record what you saw and heard. Use factual notes and the person’s own words, and store them securely, bearing in mind who might have access.
6. Follow your safeguarding and domestic abuse policies. Contact your safeguarding lead, and where an adult has care and support needs, follow the adult safeguarding route. Our guide to safeguarding adults reviews shows what can go wrong when concerns are not acted on.
7. Share information within the rules. Follow your organisation’s confidentiality and information-sharing procedures, and consider immediate risk.
8. Give safe information. Offer details of specialist services in a way the person can hide. The National Domestic Abuse Helpline is run by Refuge and is free on 0808 2000 247, but check current details before sharing. In an emergency, call 999.

Using a trauma-informed approach

People who have lived with control often find it hard to trust or to make decisions. A calm, patient approach that gives choices back to the person helps. Our guide to trauma-informed care in practice explains how.

Frequently asked questions

Does coercive control need physical violence?

No. The offence can be committed through a pattern of behaviour without any physical violence, as long as the legal conditions are met.

Does it only apply to partners?

It applies to people who are personally connected, which covers intimate partners and family members who live together.

Is it only a criminal justice matter?

The statutory guidance is mainly aimed at police and criminal justice agencies, but it is also useful for organisations that support victims, including health and care providers.

Key takeaways

• Coercive control is a crime under section 76 of the Serious Crime Act 2015, with a maximum of five years’ imprisonment.
• It is a pattern of behaviour, such as isolation, financial control and monitoring, and does not require violence.
• Staff should ask safely, record facts, avoid confrontation and follow safeguarding procedures.

To build your confidence in this area, explore our healthcare CPD courses.

Sources

• GOV.UK: Controlling or coercive behaviour, statutory guidance