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Case law and capacity to engage in sexual relations and consent to marriage

Author: Tim Spencer-Lane

Updated Date: 8 July 2024

Publication Date: 8 June 2016

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Introduction

The issues of capacity to engage in sexual relations and contract a marriage often pose a dilemma for practitioners. This guide looks at the case law that provides guidance and the implications for practice.

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Title *
Case law and capacity to engage in sexual relations and consent to marriage

Date *
17-11-2024 (dd-mm-yyyy)

Learning or development activity, resource or URL
https://adults.ccinform.co.uk/practice-guidance/case-law-and-capacity-to-consent-to-sexual-relations-and-marriage/

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.

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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.
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Add item to CPD Log (SCW)

Title * Case law and capacity to engage in sexual relations and consent to marriage

Date * 17-11-2024 (dd-mm-yyyy)

URL https://adults.ccinform.co.uk/practice-guidance/case-law-and-capacity-to-consent-to-sexual-relations-and-marriage/

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 (2016, updated 2024) Case law and capacity to engage in sexual relations and consent to marriage. Practice Guidance.
Community Care Inform
[online]
https://adults.ccinform.co.uk/practice-guidance/case-law-and-capacity-to-consent-to-sexual-relations-and-marriage/
[accessed: 17 November 2024]

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)]

Case law and capacity to engage in sexual relations and consent to marriage

Introduction

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