Course content

This one-day online interactive course offers health and social care practitioners in transition and adult services the opportunity to enhance their knowledge of the issues regarding capacity to engage in sexual relations and the Court of Protection. The content will include:

  • The MCA statutory principles to empower and protect;
  • The interface with the Sexual Offences Act 2003;
  • The latest case law, including A Local Authority v C (carers facilitating sexual relations) and JB v A Local Authority (capacity to engage in sexual relations)
  • The importance of practicable steps in this sensitive area of Article 8 ECHR rights;
  • Determining another’s mental capacity and identifying the information relevant to decisions regarding sexual relations and contact;
  • The limited role of best interests and the TZ-style support plan for those with sexual capacity who lack contact capacity;
  • When cases need to go to the Court of Protection and the evidence likely to be required.

Learning objectives

By the end of the course, you will:

  1. Be aware of the interface between this area of mental capacity law and the criminal offences in the Sexual Offences Act 2003;
  2. Be familiar with the human rights issues arising from Article 8 ECHR;
  3. Improve your confidence in determining whether someone is able to make decisions as to sexual relations and contact;
  4. Be familiar with the TZ-style support plan;
  5. Be aware of the issues regarding the legality of supporting those with mental disorder to engage in sexual activity;
  6. Have a better understanding of when and how to access the Court of Protection;
  7. Be able to access further online resources to develop learning..

Costs and Practicalities


Delegates are provided with a course eBook, set of slides, and any additional materials relied upon. An attendance certificate can also be provided. The courses are hosted online and delivered via Zoom which enables interactive plenary and small-group sessions to be facilitated, with further engagement achieved using Menti software. A link will be provided for participants in advance so the course can be accessed either via a webpage or the Zoom application. Zoom's enhanced security settings will be used.


Courses are available to both individuals and organisations. Individuals can book via Eventbrite, with discounts available to LPS members. Local authorities and other organisations can either book via Eventbrite or by emailing neil@lpslaw.co.uk so that an invoice and purchase order can be arranged. The cost for local authorities/health bodies/advocacy organisations depends upon whether an open or exclusive booking is made:

  1. Open bookings are for courses that are available for all individuals/organisations to attend: £950+VAT for up to 35 delegates (with costs of additional delegates to be agreed).
  2. Exclusive bookings are reserved for a particular organisation: £2000+VAT for up to 300 delegates.