{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}


Supporting Personal and Sexual Relationships Policy

1. Introduction and Purpose

{{org_field_name}} recognises that personal and sexual relationships are an essential aspect of human life. These relationships contribute to emotional well-being, personal identity, and quality of life. Every individual, regardless of age, disability, or care needs, has the right to form meaningful relationships, provided they are consensual and free from harm. This policy outlines our approach to supporting service users in forming and maintaining personal and sexual relationships while safeguarding their well-being and ensuring their rights are respected.

This policy supports compliance with the Health and Social Care Act 2008, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the Care Act 2014, the Mental Capacity Act 2005 and Code of Practice, the Equality Act 2010, the Human Rights Act 1998, the Sexual Offences Act 2003, the UK General Data Protection Regulation and the Data Protection Act 2018. It is particularly linked to CQC Fundamental Standards including Regulation 9, Person-centred care; Regulation 10, Dignity and respect; Regulation 11, Need for consent; Regulation 12, Safe care and treatment; Regulation 13, Safeguarding service users from abuse and improper treatment; Regulation 17, Good governance; and Regulation 18, Staffing. The policy also reflects CQC’s current assessment framework, including the quality statements on safeguarding, consent to care and treatment, equity, person-centred care, dignity, privacy, learning culture and governance.

2. Scope of the Policy

This policy applies to all employees, contractors, volunteers, and service users within {{org_field_name}}. It encompasses all forms of personal and sexual relationships, including friendships, romantic partnerships, and intimate relationships. This includes individuals living independently, those residing with family members, and those receiving continuous domiciliary care.

The policy covers:

As this is a domiciliary care service, this policy applies to support delivered in a person’s own home, supported living environment, family home, community setting, during care calls, during escorted activities and when staff become aware of relationship-related issues through care planning, safeguarding, communication with relatives or professionals, or direct observation. It includes face-to-face relationships, online relationships, contact through social media, dating applications, telephone or messaging services, and contact with partners, spouses, family members, friends, visitors, neighbours, unpaid carers or other people using services.

3. Principles of Supporting Relationships

Our approach to supporting personal and sexual relationships is guided by the following core principles:

4. Capacity and Consent

{{org_field_name}} recognises that capacity and consent are central to supporting safe, lawful and respectful personal and sexual relationships. Staff must follow the Mental Capacity Act 2005 and must presume that a person has capacity unless it is established, through a decision-specific assessment, that they lack capacity for the particular decision at the particular time. A person must not be treated as unable to make a decision merely because they make a decision that others consider unwise.

Capacity assessments must be decision-specific, time-specific and proportionate. Different decisions may require different assessments, for example: deciding whether to have contact with a friend or partner; deciding whether to invite a person into the home; deciding whether to share personal information; deciding whether to use social media or dating applications; deciding whether to marry or enter a civil partnership; deciding whether to use contraception; deciding whether to access sexual health services; or deciding whether to engage in sexual activity.

Staff must support the person to make their own decision wherever possible. This may include using accessible information, communication aids, interpreters, advocates, visual materials, easy-read resources, additional time, a quiet environment, or support from a person chosen by the service user, where this is appropriate and does not increase risk.

For sexual activity, consent must be the person’s own valid consent. No member of staff, family member, attorney, deputy, advocate, best-interests meeting or professional can consent to sexual activity on behalf of another adult. If there is reason to believe that a person lacks capacity to consent to sexual activity, or cannot understand that the other person must be able to consent and must consent before and throughout the sexual activity, staff must not facilitate the sexual activity and must report the concern immediately through safeguarding procedures.

Where a person lacks capacity for a non-sexual relationship-related decision, any best-interests decision must be made in accordance with the Mental Capacity Act 2005, must involve the person as far as possible, must consult relevant people where appropriate, and must choose the least restrictive option. Best-interests decisions must never be used to authorise sexual activity.

All capacity assessments, consent discussions, best-interests decisions, safeguarding concerns, restrictions, referrals and agreed support plans must be clearly recorded. Records must explain the decision being considered, the information provided to the person, how the person was supported to decide, the outcome of the assessment, who was involved, the rationale for any action taken, and when the decision will be reviewed.

4.1 Consent to Sexual Relations and Sexual Safety

Sexual activity must only occur where all parties have capacity to consent, give valid consent, and continue to consent throughout the activity. Consent must be freely given and must not be obtained through force, threats, fear, pressure, coercion, deception, grooming, manipulation, intoxication, exploitation, abuse of power or undue influence. Consent can be withdrawn at any time.

Staff must treat any concern about non-consensual sexual activity, sexual exploitation, sexual assault, grooming, coercion, domestic abuse, forced marriage, honour-based abuse, modern slavery, trafficking or online sexual exploitation as a safeguarding concern. Where a crime may have been committed, the Designated Safeguarding Lead or senior manager must consider immediate protective action and referral to the local authority safeguarding team and/or police, in line with safeguarding procedures and the person’s immediate safety needs.

Staff must not ignore sexualised behaviour that causes distress, fear, intimidation, humiliation or risk to another person. Staff must also avoid unnecessarily restricting consensual adult relationships. The response must be proportionate, person-centred, lawful, risk-assessed and clearly recorded.

5. Supporting Safe Relationships

To promote safe, healthy, and fulfilling relationships, the following practices are implemented:

Relationship and sexuality needs must be considered as part of person-centred assessment and care planning where this is relevant to the person. Staff must ask sensitively and only where appropriate, using language the person understands. Care plans must record the person’s wishes, preferences, communication needs, cultural or religious considerations, privacy needs, risks, agreed support, people who may be involved, and circumstances where information may need to be shared for safeguarding reasons.

Where the person requests support, staff may assist them to access appropriate external services such as GP services, sexual health clinics, contraception services, STI testing, counselling, advocacy, domestic abuse services, LGBTQ+ support, learning disability or autism specialist services, relationship education resources, or local authority social care support. Staff must not give specialist clinical, legal or counselling advice unless qualified to do so.

6. Supporting LGBTQ+ People, Gender Identity and Diverse Relationships

{{org_field_name}} actively supports LGBTQ+ service users, including lesbian, gay, bisexual, trans, queer, questioning, non-binary and gender-diverse people. Staff must respect the person’s identity, name, pronouns, relationships, privacy, dignity and choices. Staff must not disclose a person’s sexual orientation, gender identity, trans history, relationship status or personal information to relatives, friends, other professionals or staff who do not need to know, unless the person consents or disclosure is required to prevent harm or comply with the law.

Staff must challenge and report discriminatory practice, homophobia, biphobia, transphobia, harassment, bullying or exclusion by staff, relatives, visitors, professionals or other people using services. Where a person wishes to have contact with a partner or spouse, including a same-sex partner or gender-diverse partner, staff must support this in the same way as any other relationship, subject only to lawful and proportionate safeguarding or risk management considerations.

Staff training must include awareness of LGBTQ+ identities, inclusive communication, confidentiality, unconscious bias, protected characteristics under the Equality Act 2010, and the impact that discrimination, isolation or concealment of identity can have on well-being.

7. Managing Risks and Safeguarding

{{org_field_name}} will support people to have ordinary, safe and fulfilling personal and sexual relationships while protecting them from abuse, neglect and improper treatment. Staff must balance empowerment and protection and must not use safeguarding as a reason to impose unnecessary or blanket restrictions on a person’s private life.

Staff must be alert to relationship-related safeguarding risks including sexual abuse, domestic abuse, coercive or controlling behaviour, grooming, exploitation, harassment, stalking, forced marriage, honour-based abuse, female genital mutilation, modern slavery, trafficking, mate crime, cuckooing, financial exploitation, online abuse, image-based abuse, blackmail, discriminatory abuse, neglect, self-neglect and organisational abuse.

Any concern that a person is being abused, exploited, coerced, intimidated, groomed, controlled or placed at risk must be reported immediately to the Designated Safeguarding Lead or senior manager. Where there is immediate danger, staff must contact emergency services. The local authority safeguarding adults procedures must be followed, and referrals must be made to the local authority safeguarding team and/or police where required.

Risk assessments must be individual, evidence-based, proportionate and regularly reviewed. They must identify the specific risk, the likelihood and severity of harm, the person’s wishes and feelings, mental capacity considerations, protective factors, agreed actions, who is responsible for each action, and the date for review. Any restriction on contact, privacy, visitors or communication must be lawful, necessary, proportionate, least restrictive and authorised at the correct level.

8. Staff Responsibilities and Training

Staff play a crucial role in facilitating healthy relationships and ensuring that service users’ rights are respected. Their responsibilities include:

9. Handling Sensitive Situations

Staff may encounter sensitive situations related to personal and sexual relationships. In such cases:

10. Confidentiality, Information Sharing and Record-Keeping

Information about a person’s relationships, sexual orientation, gender identity, sexual health, sexual activity, capacity, safeguarding concerns or private life is highly sensitive and must be handled confidentially and in accordance with UK GDPR, the Data Protection Act 2018, the duty of confidentiality, safeguarding law and this organisation’s records policy.

Staff must only record information that is relevant, necessary, accurate, respectful and proportionate. Records must avoid judgmental language and must clearly separate fact, professional opinion, the person’s own words, observed risk and actions taken.

Information must not be shared with relatives, friends, partners or other professionals unless the person has consented, there is a lawful basis for sharing, or sharing is necessary to prevent harm, respond to abuse, comply with safeguarding duties, support emergency care, comply with a court order, or meet regulatory or legal requirements.

Records relating to relationship and sexuality support must be stored securely and accessible only to staff who need the information to provide safe and appropriate care. Capacity assessments, consent discussions, risk assessments, safeguarding referrals, best-interests decisions, professional advice, care plan updates and reviews must be recorded promptly.

The Registered Manager must ensure that records are available for lawful inspection or review by CQC, commissioners, safeguarding authorities or other authorised bodies where required.

11. Supporting Sexual Health

{{org_field_name}} recognises that sexual health is part of overall health and well-being. Where appropriate and with the person’s consent, staff will support the person to access sexual health information and services, including GP advice, contraception services, STI testing, sexual health clinics, pregnancy advice, menopause support, counselling, advocacy and specialist support services.

Information must be provided in a way the person can understand, including easy-read, visual, translated or communication-supported formats where needed. Staff must respect the person’s privacy and must not disclose sexual health information to family members, partners or others without consent unless there is a safeguarding, legal or serious risk reason to do so.

Staff must not provide clinical advice, diagnose conditions, recommend specific contraception, provide sex therapy, purchase sexual services, facilitate illegal activity, or act outside their role and competence. Where specialist advice is needed, staff must support the person to access appropriately qualified professionals.

12. Responding to Abuse, Exploitation or Sexual Safety Incidents

If abuse, exploitation, coercion, sexual assault, sexual harassment, grooming, domestic abuse, mate crime, online abuse or any other safeguarding concern is suspected, staff must act immediately to protect the person and any other person at risk.

Staff must:

Staff must not promise absolute confidentiality where a person or another person may be at risk of harm. Staff must explain, in a sensitive and accessible way, what information may need to be shared and why.

12.1 Notifications, Duty of Candour and External Reporting

The Registered Manager or nominated senior person must consider whether any relationship-related incident requires notification to CQC, the local authority safeguarding team, commissioners, police, the Disclosure and Barring Service, professional regulators or other relevant bodies. This may include allegations of abuse, serious injury, police involvement, events that stop or may stop the service from operating safely, or incidents that meet CQC notification thresholds.

Where a notifiable safety incident has occurred, the organisation will follow its Duty of Candour policy. The person affected, or their relevant representative where appropriate, will receive a truthful explanation, an apology, reasonable support, information about what is known, and updates on any investigation or learning, in line with legal and regulatory requirements.

13. Monitoring, Audit and Continuous Improvement

The Registered Manager is responsible for ensuring this policy is implemented, monitored and reviewed. The organisation will use governance systems to assess, monitor and improve how relationship and sexuality support is provided. This may include care plan audits, safeguarding audits, incident reviews, complaints analysis, supervision records, training compliance checks, feedback from people using the service, feedback from relatives or advocates where appropriate, and lessons learned from safeguarding enquiries or professional advice.

Audit and review activity must consider whether people’s rights, privacy, dignity, equality, consent, capacity, safety, communication needs and relationship preferences are being respected. Any themes, omissions, poor practice or training needs must lead to an action plan with named responsibilities and timescales.

This policy will be reviewed at least annually, or sooner if there are changes in legislation, CQC guidance, safeguarding procedures, case law, organisational learning, incidents, complaints or feedback from people using the service.

14. Staff Limits and Prohibited Practice

Staff must not facilitate, encourage or ignore illegal, abusive, exploitative or unsafe sexual activity. Staff must not arrange sexual services, purchase sexual items using the person’s money unless this is clearly agreed, lawful, risk-assessed and within the care plan, participate in sexual discussions for their own gratification, expose themselves or the person to sexual material unnecessarily, assist with sexual activity, or act outside their role.

Staff must seek management advice before taking any action where they are unsure whether support is lawful, safe, appropriate or within their role. Staff must record concerns and must follow safeguarding procedures where there is any indication of abuse, coercion, exploitation, lack of consent, lack of capacity or risk to others.

15. Accessible Information and Communication

Information about relationships, consent, sexual health, safeguarding and rights must be provided in a way the person can understand. This may include easy-read information, pictures, objects of reference, communication aids, British Sign Language, interpreters, translated information, advocacy, repetition, additional time, or support from people who know the person’s communication methods well.

Staff must check understanding and must not assume that a person understands information because they can repeat words or appear to agree. Where communication needs affect capacity or consent, staff must take all practicable steps to support the person before concluding that they are unable to make the decision.

16. Conclusion

{{org_field_name}} is committed to supporting people to develop and maintain personal, romantic and sexual relationships in a way that respects their rights, choices, privacy, dignity, equality and individuality. The organisation will promote positive risk-taking, lawful consent, person-centred care, sexual safety and safeguarding. Staff will support people without judgment while taking proportionate action where there are concerns about abuse, exploitation, coercion, lack of consent, lack of capacity or risk of harm.


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 *