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Personal and Sexual Relationships in Care Homes (England) Policy

Policy Statement

The policy reflects the values and principles of respecting diversity, equality, human rights and non-discrimination in line with current legislation such as the Human Rights Act 1998 and the Equality Act 2010. No person is excluded from the policy on the grounds of any gender or transgender, disability or sexual orientation.

People living in {{org_field_name}} have the right — often denied to older people and people with disabilities — to develop and maintain intimate personal and sexual relationships and to engage in sexual activity that is within the law and does not cause significant offence to others.

In a care home, the accommodation, care practice and other arrangements should facilitate the operation of this right, and information and guidance should be available if needed to help people remain safe and healthy, enjoy pleasurable experiences and take appropriate decisions for themselves in this area of their lives.

This way of thinking is in line with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 , particularly Regulation 9: Person-centred Care and Care Quality Commission guidance on relationships and sexuality (2019).

The policy assumes that people are able to form relationships on the basis of choice and consent. People who lack the mental capacity to take such decisions freely may need to receive guidance in line with best interest assessments and decisions.

Anyone who is thought to be vulnerable to sexual exploitation or abuse will be treated in line with the organisation’s safeguarding policy and any perpetration of abuse will be similarly addressed.

In this respect, {{org_field_name}} notes that the Mental Capacity Act 2005 specifically excludes best interest decisions in relation to a person’s ability to consent to sex, and that adults without capacity who engage in sexual activity must be treated as vulnerable adults who might need safeguarding.

Implementing the Policy

We aim to ensure the following (which is not an exhaustive list).

• People living in {{org_field_name}} are able to have visitors at any reasonable time.
• They are able to entertain visitors in private in their own rooms.
• They are assured of privacy and the absence of interruption for any intimate or personal contacts or sexual activity in which they are engaged.
• People living in {{org_field_name}} who have a marital or sexual partner who resides outside the home are offered every possible assistance in maintaining their relationships if that is what they wish.
• People living in {{org_field_name}} are able to decide whom they see and do not see, and if necessary are supported in these decisions.
• Any request to restrict or forbid unwelcome visitors will be recorded and complied with.
• People living in {{org_field_name}} are as far as possible protected within and outside the home from any personal contacts that are unwelcome or abusive.
• People living in {{org_field_name}} who share rooms receive special help if they require privacy for intimate or sexual activities.
• On occasions when intimate care is given, the person’s wishes as regards the gender of their care workers are met as far as possible and reasons for not being able to respect their wishes are fully explained to them.
• People living in {{org_field_name}} have ready access to any necessary advice or guidance to ensure that any sexual activity in which they engage is safe and pleasurable.
• People’s sexual orientation and preferences are treated with respect, eg gay and lesbian relationships are afforded the same respect to that given heterosexual relationships.
• People are encouraged to recognise that living in a communal setting requires them to conduct personal relationships and engage in sexual activities in ways that are considerate towards other residents.
• People’s personal relationships and sexual activities are treated with respect by other people living in {{org_field_name}} and people having contact with the home.
• People who form intimate relationships while resident in the home, either with another person living in the home or with someone living outside the home, are offered every possible assistance in furthering such a relationship.
• People who already have an established intimate relationship and come into the home together, or if one subsequently joins the other, can, subject to their wishes, share accommodation, spend time together and take part in activities as partners.
• If people living in {{org_field_name}} engage in any sexual activity or display that is offensive to others, such matters are promptly discussed with them to help them contain their behaviour within reasonable limits.
• {{org_field_name}} will intervene if a person persists in engaging in inappropriate sexual activity, or display in the presence of a staff member, which is distressing or potentially harmful to the staff member. This could result in a review of the person’s terms and conditions and possible termination of service if the person is unable to change their behaviour.
• People living in {{org_field_name}} are protected from any form of sexual abuse, including sexual exploitation and grooming where there is evidence of this.
• Any person living in the home, who, because of a disability, requires assistance in fulfilling their sexual aspirations has the opportunity to discuss their needs with staff who, where possible, will arrange for appropriate help to be provided.
• Any information about people’s personal and sexual relationships and activities is treated confidentially and sensitively, such information is passed only to those with a specific need to know.
• People living in {{org_field_name}} have opportunities to discuss matters relating to their sexual relationships and activities within the care planning process and always with due regard to the need to treat these issues with confidentiality and sensitivity.
• Particular care and sensitivity is exercised if it is necessary to pass information between staff or to make a written record relating to any matter concerning a person’s intimate relationships or sexual activity.

People living in {{org_field_name}} and their relatives, friends and representatives will be fully informed about the contents of this policy and are provided with appropriate support and guidance if they seek it.

Sexual relationships between staff currently employed by the organisation and people living in {{org_field_name}} are not allowed. Staff found to be involved will be subject to disciplinary procedures and the situation will be addressed under safeguarding of vulnerable adults from abuse policies and procedures.

Advice

People who live in the home requiring advice on personal relationships and sexual matters can raise the matter with any member of the care staff or management with whom they feel comfortable or make a direct approach to any of the following:

[List contact details for appropriate local agencies such as GPs, sexually transmitted diseases clinics, marriage guidance, specialist nurses, advocacy services and relevant voluntary organisations.]

Training

All new staff receive training that covers the relevant issues in line with the Care Certificate framework.

All staff are trained to be aware about a person’s sexuality and that sexuality can be expressed in different ways.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next Review Date: {{next_review_date}}

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