Sexual Relationships and Mental Capacity
Watch our new animation on sexual relationships and mental capacity!
Assessing a person’s mental capacity to consent to sex can be a complex task for professionals.
It can feel embarrassing, and language, experience and attitudes around sex are different for everyone, including vulnerable people. This is a sensitive subject which may challenge our assumptions, and professionals need to consider how to use an individualised approach to support the conversation.
To support those working in this area, a masterclass was held in 2020 which aimed to equip professionals with legal knowledge and practical guidance to support them in practice. This masterclass was recorded and is now a permanent recourse available for all to access:
- In Part 1, Nicola Kohn from 39 Essex Chambers gives an overview of the Mental Capacity Act as it applied to sex, and recent developments in the law. [0:56 hour]
- In Part 2, Dr Sonja Soeterik and Dr Emma Ferguson (Clinical Psychologists specialising in Neuropsychology) talk through the process of carrying out a mental capacity assessment when the question relates to sex and other related issues (contraception, marriage). [1:42 hour]
Court of Protection Handbook