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Research that reviewed cases on the capacity to consent to sexual activity highlighted failures in the implementation of the act and suggested a reframed capacity assessment informed by research into sexual decision making.
Special dating agencies can enable people with learning disabilities to find relationships and broaden their social networks.
Professionals and caregivers also inappropriately apply the Mental Capacity Act 2005 to some people with learning disabilities, especially those with severe learning disabilities.
The act states that the capacity to consent to sexual relationships must be assumed unless proven otherwise and an unwise decision does not necessarily imply a lack of capacity.
Not only do these beliefs hold people with learning disabilities back from relationships, they also infringe on their human right to privacy and a family life, as outlined in Article 8 of the Human Rights Act 1998.People with learning disabilities, like everyone else, have a need for affectionate and intimate relationships.Yet many people with learning disabilities don’t get to have this type of relationship because of a lack of social and practical support, and society’s negative and stereotypical attitudes.This Valentine’s Day will once again see a celebration of love.
Unfortunately for many people with learning disabilities, this is just a dream.Although they may want to be in a relationship, they are often faced with barriers and challenges that prevent them finding what many take for granted.