Home » Case law » Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44

Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44

Case Date: 10 October 2023

Publication Date: 14 November 2023

Computer keyboard with a finger pointing at the word 'Porn' on one of the keys

Photo: diy13/AdobeStock

Introduction

By Tim Spencer-Lane The Mental Capacity Act 2005 applies in England and Wales, and therefore this case will be relevant for practitioners in both countries. Introduction The courts have long warned against the “protective imperative” when assessing capacity. In other words, the assessor may feel driven towards an outcome that is more protective of the […]

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Add item to CPD Log (SWE)

Title *
Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44

Date *
31-03-2025 (dd-mm-yyyy)

Learning or development activity, resource or URL
https://adults.ccinform.co.uk/case-law/sexual-offending-and-mental-capacity-re-pn-capacity-sexual-relations-and-disclosure-2023-ewcop-44/

Learning

Use the boxes below to record what you have learned from this activity. The form below replicates that used by Social Work England in your online account, so that when you need to renew your registration each year, you can easily transfer examples of CPD. Everything you write will be stored in your My CPD log on CC Inform. You can return to each piece of CPD and edit or add to it at any time - for example, if you reflect on it with a peer. You can export all the information as a Word file and copy it into Social Work England's form for the pieces you choose to submit during renewal, and print it off for other uses - for example, in supervision or peer reflection.

1. Describe what you have learnt from doing this CPD activity. (Social Work England recommend that you write 250-500 words, and they say that you may want to refer to the CPD standard 4.1-4.8 - see below.)

Word count: 0

2. Reflect on and describe the positive impact the CPD has had (or will have) on your practice and the people you work with.

This could be people with lived experience of social work, colleagues, or students. If you are not currently working, or not in direct practice, you could think about how your CPD activity might benefit people you come into contact with or the profession as a whole. (Social Work England recommend you write about 250 to 500 words).

Word count: 0

3. Describe what you have learnt from discussing this CPD activity with a peer

This is an optional question. By answering it for at least one of your pieces of CPD, you will meet Social Work England's requirements to record one piece of CPD with a peer reflection during the registration year. You are expected to write at least 250 words.

Social Work England say: "Peer reflection means that you have discussed the content of your CPD activity with a peer, your manager or another professional.

This discussion can be informal or formal, and can take place in one to one or group settings. The role of the peer is not to approve your learning but to support and help you to think about how you can improve your practice. When discussing your CPD with a peer, you should talk about what you have learnt from doing the CPD and the positive impact the CPD activity has had (or will have) on your role, practice and the people you work with".

Word count: 0

4. Which parts of the CPD standard have you met by doing this activity? By going through the recording process, you will automatically meet standards 4.6 and 4.7. You can use the box below to note the other standards you have met with this piece.

4.1 Incorporate feedback from a range of sources, including from people with lived experience of my social work practice.
4.2 Use supervision and feedback to critically reflect on, and identify my learning needs, including how I use research and evidence to inform my practice.
4.3 Keep my practice up to date and record how I use research, theories and frameworks to inform my practice and my professional judgement.
4.4 Demonstrate good subject knowledge on key aspects of social work practice and develop knowledge of current issues in society and social policies impacting on social work.
4.5 Contribute to an open and creative learning culture in the workplace to discuss, reflect on and share best practice.
4.6 Reflect on my learning activities and evidence what impact continuing professional development has on the quality of my practice.
4.7 Record my learning and reflection on a regular basis and in accordance with Social Work England's guidance on continuing professional development.
4.8 Reflect on my own values and challenge the impact they have on my practice.

For more information, see Social Work England’s guidance on CPD.

Add item to CPD Log (SCW)

Title * Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44

Date * 31-03-2025 (dd-mm-yyyy)

URL https://adults.ccinform.co.uk/case-law/sexual-offending-and-mental-capacity-re-pn-capacity-sexual-relations-and-disclosure-2023-ewcop-44/

Learning Use the boxes below to record what you have learned from this activity. Everything you write will be stored in your Inform account and you can export all the information as a Word file or print it off. When you have to renew your social work registration with Social Care Wales, you can include this as evidence of continuing professional development.

1. What have you learned from this activity?

2. How has it contributed to your practice?

3. How much time have you spent on this activity?

4. Next steps (any additional learning you need in this area)?

For more details, visit Social Care Wales

Citation

Full Harvard reference for this document:

Spencer-Lane, T (2023) Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44. Case Law.
Community Care Inform
[online]
https://adults.ccinform.co.uk/case-law/sexual-offending-and-mental-capacity-re-pn-capacity-sexual-relations-and-disclosure-2023-ewcop-44/
[accessed: 31 March 2025]

If you are directly quoting the author's own words from this document you must acknowledge that they are not your own words by putting them within quotes marks, reference the source in the text and then provide the full reference at the end of the document. For example:

In the text: Baim argues that "understanding adult attachment patterns can also help practitioners to more readily identify the behaviour patterns that the client uses to maintain safety and comfort and which also, in some cases, serve to keep the client stuck in behaviour that no longer serves them as adults". (Baim, 2015)

Full reference to insert at the bottom of the document: Baim, C. (2015) Using attachment theory to work with adults, Guide. Community Care Inform Adults [online]. Available at: https://adults.ccinform.co.uk/guides/guide-using-attachment-theory-work-adults/ [accessed: INSERT DATE HERE (eg 9 October 2015)]

Sexual offending and mental capacity: Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44

Introduction

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