ABSTRACT
The National Institute for Health and Care Excellence identified gaps in both the skills and practices of health and social care professionals and was asked by the Department of Health to draw up specific guidance to address deficits, for the benefits of both staff and patients alike. The clinical approach typically requires the individual to demonstrate a deeper, broader understanding of the concepts of sex, sexual anatomy, masturbation, sexual orientation, gender, contraception, periods, sexual abuse and the risks of exploiting others with less sexual power and understanding the abstract concepts of “private” and “public”. There can be wide divergence between the legal tests for capacity in a given instance and the clinical measure or assessment framework used to gather information to assist the courts in their particular deliberations. In 2012, the Mental Health Foundation produced a review which highlighted trends and themes of confusion and misunderstanding in relation to implementation of the Mental Capacity Act 2005.
