|
General Disclaimer: Nothing presented
constitutes legal advice and the McKenzie Friend UK
Network is not a legal entity or in anyway claims to be a
'legal resource'. The resource guide is supported by
McKenzie Friends and Litigants in person for Litigants in
Person in Family Court. McKenzie Friends provide
layperson support as an informed friend under the Family
Court Practice Guidance of 2010. All information is
published under the spirit of that guidance. For any
corrections of the information, please contact the McKenzie Friend UK Network
|
|
|
|
|
|
What is Gaslighting?
'A form of manipulation and
psychological control in which victims are
“deliberately and systematically fed false
information that leads them to question what they know to
be true, often about themselves'
|
|
Examples
of Gaslighting:
|
|
- Feeling as though they
can’t do anything right, no matter how hard
they try
- Constantly doubting their
own recollections of events
- Feeling as though they
are losing your grip on reality
- No longer trusting their
instincts
- Lying or making excuses
for the person gaslighting them
- Increased guilt or shame,
as though everything’s their fault
- Loss of self-esteem,
confidence, and independence
- Heightened anxiety and
paranoia
- Disconnection from their
former sense of self identity
- Knowing that something
doesn’t feel right, while not being able to
pinpoint what it is.
|
|
|
|
CASE LAW
|
|
The case law are examples and
does not reflect allthe potential case law avaialble.
|
|
|
In 2015, HHJ Levey
in
Re
X, [2015] EWFC B168
in the Family Court at Barnet, said:
‘The mother accuses the father of
‘gaslighting’, a form of mental
manipulation which the father explained to me is a
reference to the 1950’s film
“Gaslight” in which a husband creates a
number of small incidents which combine to drive his
wife to insanity.’
This allegation was not proved in this
particular case.
|
|
In the Central
Family Court,
W v H [2019] EWFC B19
2019, HHJ Duddridge said:
‘During his submissions
[barrister] referred to coercive control and other
techniques of psychological coercion, such as
‘gaslighting’. He submitted that the
husband could have used such techniques to manipulate
the wife into believing that she had agency when, in
reality, she was under his control. However, whilst
those submissions are interesting, they do not
reflect the wife’s case. She does not allege
that he used any such techniques to manipulate
her.’
|
|
In the High Court,
M v F [2020] EWHC 576
, Mrs Justice Judd said:
‘The mother’s case was
presented on the basis that she had been subjected to
a decade of aggression, verbal abuse, criticism,
gaslighting, and then an episode of physical abuse in
May 2019. Over the years it was said that the mother
had had to seek treatment for PTSD and an anxiety
disorder because of the father’s
behaviour’.
|
|
In
F v M [2021] EWFC 4
,
just
last year, Mr Justice Hayden, sitting as a High Court
judge in the family court indicates he has never come
across it:
‘Ms J’s case illustrates a
further dilemma. Her mind has become so overborne by
F’s behaviour that her own autonomous decision
making has become compromised. Mr [barrister] has
advanced his client’s case sensitively but with
complete fidelity to his instructions. In his written
submissions he has referred to
“gaslighting”. I have heard no evidence
about this, and I am not familiar with the
term, but in so far as it coins an expression for
behaviour which leads a person to question their own
thoughts and perceptions and yield to those of
others, it accurately reflects Ms J’s situation.
At present she remains resistant to those who wish to
help her and adamant that she requires no help. She
is surrounded by people who care for her, not least
her sons who worry about her. I hope that she may
find a bridge back to her family and to those parts
of her former life which meant so much to her. [my
emphasis]’
|
|
AB v CD & Anor [2021] EWHC
819 (Fam)
‘Of the mother’s
acknowledged psychological frailties in the early
days of their relationship, the judge recorded as a
fact that the respondent mother had been emotionally
dependant upon the appellant. There had been episodes
when she had self-harmed and provoked in the
appellant accusations that others might perceive her
as “psychotic and strange” as a result of
her self-harming. The judge described that behaviour
as a form of “gaslighting”. She
contextualised the respondent’s accepted failure
to make any complaint prior to the formal application
for contact as resulting from the control which he
exercised over her.’
|
|
|
|
Interestingly,
HHJ O’Neill in
Re
H (A Child : Private law;
adverse findings, restrictions on parental
responsibility) (Rev1) [2021] EWFC B91
said:
‘Whilst I acknowledge
that the concept of “parental
alienation” causes controversy in some
quarters – some advocates for victims of
domestic abuse allege it is used to gaslight
mothers”, I am satisfied that the
CAFCASS tools on parental alienation can be
crucial in identifying harm in some
cases.’
|
|
Re
G (Finding of Fact
Hearing: Resuscitative Shake) [2022] EWFC B6
, HHJ Harris-Jenkins said:
‘He [father] was
challenged as to M’s account that she
immediately raised with him having heard him
mention the word shake over the phone to his
solicitor and his then claiming that he had
said it to her before. He stated that he did
not recall that he had said that. Mr
[barrister] suggested that he had used this
as a way of gaslighting her by claiming he
had mentioned it earlier. It was also
suggested he was doing the same by the
discussion around their interviews and him
telling her that she had the sequencing
wrong. In my judgment, Mr [barrister]’s
suggestion was correct.’
|
|
|
Lord Justice Cobb
(in the High Court 2013)
Re
B-B (Domestic Abuse:
Fact-Finding) (Rev1) [2022] EWHC 108 (Fam)
:
‘I am satisfied on the evidence
that the father did indeed repeatedly allege that the
mother suffered from bipolar disorder; I further and
significantly find that there was no clear medical
evidence that she did suffer such a condition.
Although there was a provisional
diagnosis
at one time (though unclear on what basis), the
mother’s GP explicitly reported that he did not
consider that she had a bipolar disorder. On the
evidence which I have seen, it seems to me likely
that the mother did suffer from depression, anxiety,
and mood swings; her mood was affected by excessive
drinking and/or very occasional drug-taking and/or by
the inconsistency of the father’s relationship
with her. In this state, at times she threatened to
self-harm. I find that the father made this purported
diagnosis in an attempt to characterise her to third
parties as mentally unstable and/or unreliable; I
find that it was immensely disparaging and
undermining of the mother, damaging to the
mother’s self-confidence and self-esteem, and
caused her to doubt her own mental health (“he
made me believe that I was mentally unwell … He
convinced me that I had bipolar when I was never
diagnosed with it… He made me out to be mentally
ill”). [barrister] ‘s use of the term
gaslighting in the hearing to describe this conduct
was in my judgment apposite; the father’s
conduct represented a form of insidious abuse
designed to cause the mother to question her own
mental well-being, indeed her sanity. The assertion
to the mother and others were ostensibly given
greater credibility by the fact that at the time the
father was a mental health nurse; he may be thought
(and doubtless wanted to be thought) to have drawn on
specialist expertise or experience to make his
diagnosis/assertion.’
|
|
|
Resources:
|
|
Download Practice
Directions 12J
|
|
|