Case managers facilitating their clients’ sex lives

Case managers have to know how to handle a vast range of social and physical needs for clients. In some cases that includes their sexual relations. Although many people we work with are faced with life-changing  injuries, it doesn’t necessarily mean their sexual needs disappear. But it does raise the question of how people who are reliant on care and professional help to go about their everyday lives can safely access a sex life.

Could a case manager get involved in accessing a sex worker on behalf of their client or would this be deemed illegal? A Court of Protection ruling on a recent case has highlighted this exact matter. In the case of A Local Authority -v- C and ors, the court heard how client C had asked his carers to find him a sex worker, who would be paid using C’s own money. The carer was concerned that by doing so, they would be acting illegally because they would be seen as encouraging its arrangement. Paying for sex isn’t a crime but anything seen to be encouraging it is, as is inciting a vulnerable person in to a sexual relationship.

In this particular case, it was decided that C was of sufficient mental capacity to know he wanted to engage in sexual activity, and therefore consent to it, but he didn’t have the means to arrange it himself. If the law deemed it illegal for the carers to help C, it would be discriminatory as anyone else without C’s condition could lawfully pay for sex. The judge said, “It is no longer the objective of the law to prevent people with mental disorders from having sexual relationships, rather it is to criminalise the exploitation and abuse of such adults by those with whom they are in a relationship of trust.”

It was seen as safer for the carers to arrange a sex worker than for C, or other people in a similar position, to try and do so themselves and end up exploited or misled.

While C’s case was judged on his own mental capacity, it does open the way for others to follow suit.  The Court of Protection is committed to taking decisions for people who due to their mental capacity are unable to live independent and safe lives, and that includes allowing their trusted and supportive carers or case managers to be able to facilitate access to a sex life. It would be wrong to stop people with mental disabilities fulfilling a natural desire but must be considered on a case-by-case basis, depending on each individual’s mental capacity.