Login

CHW119-Supporting Personal and Sexual Relationships Policy

{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

Supporting Personal and Sexual Relationships Policy

1. Purpose

The purpose of this policy is to ensure that individuals receiving care and support at {{org_field_name}} are supported to develop and maintain personal, intimate and sexual relationships in a way that respects their dignity, privacy, autonomy, equality, identity, personal choices and human rights, while ensuring that appropriate safeguarding arrangements are in place.

{{org_field_name}} recognises that relationships, companionship, intimacy and sexuality may be important aspects of an individual’s well-being and personal identity. Individuals will not be subjected to unnecessary restrictions because they live in a care home or because of their age, disability, health condition, sexual orientation, sex, gender reassignment, marital or civil partnership status, religion or belief, or other protected characteristic.

This policy will be applied in accordance with relevant legislation and statutory requirements, including:

This policy aims to:

2. Scope

This policy applies to:

3. Related Policies

This policy must be read alongside the following {{org_field_name}} policies and procedures:

Where a safeguarding concern arises in connection with a personal, intimate or sexual relationship, staff must follow the Safeguarding Adults from Abuse and Improper Treatment Policy and the Wales Safeguarding Procedures without delay.

4. Principles of Supporting Relationships in the Care Home

At {{org_field_name}}, we recognise and respect the rights of residents to engage in meaningful relationships. This includes:

5. Assessing Capacity and Consent in Relationships

5.1 Capacity and the Mental Capacity Act 2005

Staff must begin with the presumption that an individual has capacity to make their own decisions unless it is established otherwise in accordance with the Mental Capacity Act 2005.

Capacity is decision-specific and time-specific. An individual must not be regarded as lacking capacity merely because of their age, diagnosis, disability, appearance, behaviour, communication needs or because they make a decision that other people consider unwise.

Before concluding that an individual is unable to make a particular decision, all practicable steps must be taken to support the individual to make the decision themselves. This may include providing information in an accessible format, using appropriate communication aids, involving appropriate communication support, choosing an appropriate time and environment, or allowing additional time.

Where there is a reasonable and evidenced concern about an individual’s capacity to make a particular decision concerning a relationship or sexual activity, capacity must be considered specifically in relation to that decision and at the time it needs to be made.

In accordance with the Mental Capacity Act 2005, an individual is unable to make a particular decision if, because of an impairment of or disturbance in the functioning of the mind or brain, they are unable to:

Any assessment of capacity must be proportionate to the circumstances and properly recorded, including the specific decision being considered, the reason why capacity has been questioned, the support provided to assist the individual to decide, the relevant information considered and the conclusion reached.

Where the matter is complex, disputed or carries significant safeguarding or legal implications, the registered manager must seek appropriate professional advice and, where necessary, legal advice or determination by the Court of Protection.

A person’s capacity to make decisions about having or continuing a personal relationship is not automatically the same as their capacity to consent to sexual relations. Capacity must be considered in relation to the specific decision in question.

Where an individual lacks capacity to consent to sexual relations, no member of staff, family member, representative, attorney, deputy or other person may consent to sexual relations on that individual’s behalf. A best interests decision must not be used to authorise sexual relations.

Staff must therefore never facilitate sexual activity on the basis that somebody else considers that activity to be in the individual’s best interests where the individual lacks capacity to consent to the sexual activity themselves.

Where there is concern that an individual may lack capacity to consent to sexual relations and sexual activity is occurring, proposed or suspected, staff must:

Best interests decision-making may still apply to other decisions for which the Mental Capacity Act permits another person to act or decide on behalf of an individual who lacks capacity. Such decisions must be made in accordance with the Mental Capacity Act 2005, but this does not extend to giving consent to sexual relations on the person’s behalf.

5.2 Consent in Personal and Sexual Relationships

Consent is essential to lawful sexual activity.

Consent must be freely given and must not result from coercion, intimidation, threats, grooming, exploitation, deception or undue pressure. Consent to one form of sexual activity does not automatically constitute consent to another form of sexual activity, and previous consent does not amount to continuing consent.

An individual may change their mind or withdraw consent at any time. Staff must recognise verbal and non-verbal indications that a person does not wish sexual contact to begin or continue.

Staff must not assume that an individual consents because:

Where staff have reasonable grounds to suspect that sexual activity has occurred without valid consent, or that an individual is being coerced, groomed, exploited or abused, this must be treated as a potential safeguarding concern. Staff must take immediate steps to protect the individual from further harm, preserve relevant evidence where appropriate, inform the registered manager or safeguarding lead and follow the organisation’s safeguarding and escalation procedures.

Where there is reason to suspect that a criminal offence may have occurred, the police must be contacted in accordance with safeguarding procedures and consideration must be given to preserving evidence and avoiding actions that could compromise a criminal investigation.

5.3 Children and Young People

Where {{org_field_name}} provides care and support to any person under the age of 18, staff must recognise that additional statutory safeguarding and sexual offences provisions apply.

The Mental Capacity Act 2005 must not be used as a substitute for the legal protections applying to children and young people under the Sexual Offences Act 2003 and safeguarding legislation.

Staff must be aware that sexual activity involving a person under the age of 16 may constitute a criminal offence under the Sexual Offences Act 2003. A child under the age of 13 cannot legally consent to sexual activity.

Where there is any concern about sexual activity involving a child or young person, including potential exploitation, grooming, coercion, abuse, an inappropriate age or power imbalance, or sexual activity involving a person in a position of trust, staff must immediately follow the child safeguarding procedures and the Wales Safeguarding Procedures and make the required referrals to the appropriate statutory agencies.

The child’s safety and well-being must be the overriding consideration. The registered manager must ensure that any required notification to Care Inspectorate Wales is made in accordance with the Regulations.

6. Privacy, Dignity, and the Right to a Personal Life

Residents have the right to private time and space to engage in relationships. Staff must:

7. Supporting LGBTQ+ Residents

{{org_field_name}} is committed to being inclusive of all sexual orientations and gender identities. Staff must:

8. Addressing Family and Cultural Expectations

Families may have concerns about relationships, particularly in cases involving cognitive impairment, religious beliefs, or cultural expectations. Staff must:

9. Sexual Health, Education, and Access to Services

Residents have the right to access information and support regarding sexual health. Staff must:

10. Recognising and Preventing Exploitation or Abuse

10.1. Identifying Risk Factors

Staff must be vigilant for:

10.2 Responding to and Reporting Concerns

Any allegation, disclosure, observation or reasonable suspicion of sexual abuse, coercion, grooming, exploitation, neglect, improper treatment or other abuse must be taken seriously and acted upon without delay.

Staff must:

  1. take immediate and proportionate action to protect the individual and any other person who may be at risk from further abuse or harm;
  2. obtain emergency medical assistance where this is required;
  3. report the concern immediately to the registered manager, safeguarding lead or other designated person in accordance with {{org_field_name}}’s safeguarding procedure;
  4. follow the Wales Safeguarding Procedures and make or support the making of the required report to the relevant local authority safeguarding team where the criteria for reporting an adult or child at risk are met;
  5. contact the police where a crime is suspected, immediate police protection is required or this is otherwise required through the safeguarding process;
  6. preserve potential evidence where a criminal or safeguarding investigation may be required and avoid unnecessary questioning or actions that could compromise an investigation;
  7. make a clear, factual and contemporaneous record of:
    • what was seen, heard, disclosed or otherwise identified;
    • the date, time and circumstances;
    • any immediate action taken to protect the individual;
    • the people and agencies informed;
    • referrals made;
    • advice received; and
    • subsequent actions and outcomes;
  8. respect the individual’s wishes and involve them as far as possible, while recognising that a safeguarding report may need to be made without their consent where the law, safeguarding duties or the protection of the individual or others requires this;
  9. provide information about and facilitate access to independent advocacy where appropriate; and
  10. ensure that any notification required to Care Inspectorate Wales is made in accordance with the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Where an allegation of abuse relates to or involves the service provider, a member of staff or a volunteer, the registered provider must ensure that the appropriate CIW notification is made in accordance with the statutory notification requirements.

All safeguarding actions must be undertaken in accordance with {{org_field_name}}’s Safeguarding Adults from Abuse and Improper Treatment Policy and, where applicable, child safeguarding procedures.

11. Staff–Resident Professional and Sexual Boundaries

All staff, volunteers and persons working at or on behalf of {{org_field_name}} must maintain appropriate professional boundaries with individuals receiving care and support.

Staff must never exploit their professional position, the individual’s dependency upon the service, confidential information obtained through their work, or any actual or perceived imbalance of power for personal, financial, romantic or sexual purposes.

Staff must not initiate, pursue or engage in a sexual relationship or sexualised conduct with an individual where this would be unlawful, abusive, exploitative, constitute an abuse of trust or professional position, or breach applicable professional standards.

Staff must be aware that the Sexual Offences Act 2003 contains specific offences concerning sexual activity involving care workers and certain people with a mental disorder. Consent does not necessarily make conduct lawful where a specific statutory prohibition applies.

Staff must not:

Necessary intimate care delivered in accordance with the individual’s assessed needs, personal plan, consent and professional standards is not sexual conduct and must always be provided respectfully and in a way that protects privacy and dignity.

Staff must report immediately any concern that another member of staff, volunteer or person working at the service has crossed or may be crossing professional or sexual boundaries.

The registered manager must consider whether the matter requires:

Any action taken must be recorded and managed in accordance with safeguarding, disciplinary and whistleblowing procedures.

12. Supporting Residents in End-of-Life Relationships

For residents in palliative or end-of-life care, relationships remain a vital part of emotional well-being. Staff must:

13. Staff Training, Competence and Awareness

{{org_field_name}} will ensure that staff receive training, information, supervision and support appropriate to their role so that they are able to implement this policy safely and lawfully.

Relevant training and staff development will include, according to role:

Safeguarding training must be provided at induction and thereafter at appropriate intervals in accordance with relevant safeguarding arrangements and the applicable Social Care Wales safeguarding training, learning and development standards.

The service provider will ensure that staff remain up to date with relevant changes in legislation, statutory guidance, safeguarding procedures and organisational policy.

Training must not be treated solely as attendance at a course. Managers must satisfy themselves through induction, supervision, appraisal, observation and other appropriate competency arrangements that staff understand their responsibilities and are able to apply this policy in practice.

Appropriate records of training, supervision and identified development needs must be maintained.

14. Compliance, Recording and Monitoring

The registered manager and responsible individual will ensure that this policy is implemented in practice and that the service complies with relevant legislative, regulatory and safeguarding requirements.

Where an individual’s personal relationships, intimacy or sexuality give rise to identified care and support needs, wishes, communication requirements, reasonable adjustments, positive risk-taking arrangements or safeguarding measures that staff need to know in order to provide appropriate care and support, these must be recorded proportionately in the individual’s personal plan and reviewed as required.

Records must respect the individual’s privacy and confidentiality. Staff must record only information that is relevant and necessary for the provision of care and support, safeguarding, risk management or another lawful purpose.

The service will monitor implementation of this policy through appropriate governance and quality assurance arrangements, including where relevant:

Any identified shortfalls must result in appropriate action and be followed through to completion.

The responsible individual must maintain effective oversight of the service and ensure that relevant information from monitoring, incidents, safeguarding matters, complaints and feedback informs the service’s quality-of-care review and continuous improvement arrangements where applicable.

Any event requiring notification to Care Inspectorate Wales must be notified in the manner and within the timescale required by the Regulations and CIW.

15. Policy Review

This policy will be kept under review and will be formally reviewed at least annually, or sooner where necessary.

An earlier review will take place where:

The service provider will ensure that amendments are communicated to relevant staff and that additional information, instruction, supervision or training is provided where required.

The current version of the policy must remain accessible to staff and must be implemented in practice.

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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

Leave a Reply

Your email address will not be published. Required fields are marked *