Mental Capacity Act and sexual activity
Date & Time:
This course is targeted to adults social care staff and those in residential care, nursing care, home care and supported living settings, personal assistants and other frontline practitioners who have regular contact with service users/patients and their families or carers in the London Borough of Sutton.
The course is also open to the children’s workforce but need to have undertaken the MCA 16-18 year old course before attending this training.
Staff Groups A, B, C, D, and E as per the Bournemouth University National Mental Capacity Act Competency Framework. Level 2 staff and above (ref: NHS Intercollegiate document 2018 - Adult Safeguarding: Roles and Competencies For Healthcare Staff).
Please note this is a 2 half days course and both part 1 and part 2 must be attended.
This training session aims to give participants an overall understanding of how the Mental Capacity Act 2005 applies to issues of sexual activities. For example, when a service user who has a learning disability, or dementia, wants to have a sexual relationship. Or perhaps when one half of a couple wants to continue a sexual relationship even though his/her spouse may no longer have the capacity to consent to that relationship.
Participants should already be familiar with the principles and application of the Mental Capacity Act 2005 before attending this course, for example to have attended the MCA Awareness training.
By the end of this course participants will have :
- Increased knowledge about the Mental Capacity Act 2005 and the Code of Practice in relation to sexual activity and the Sexual Offences Act 2003
- Increased knowledge about the definition of what constitutes “consent”, “abuse” and “exploitation” and how it applies to case work
- Ability to identify the links with safeguarding, the Sexual Offences Act, the Care Act and the Human Rights Act, and identify when a safeguarding referral may and may not be appropriate
- Improved understanding of the difference between an “arranged” marriage and a “forced” marriage.
- Improved understanding about the legal framework from having explored a range of cases concerning sexual activities which have been brought before the Court of Protection.
- Gained the skill of how to assess whether an individual has the capacity to consent to sexual activity, using the guidelines which have been established by the Court of Protection.
- Explored real-life issues in relation to the sexual activities of their service users, and have made plans (if appropriate) to deal with these.
- Explored the links with other related issues such as marriage, civil partnership, pregnancy, parenthood, and child welfare.
- Improved confidence to explore the (delicate) issues of sex and sexual activities in practice..