The short answer
- Nobody can consent to sex or marriage for themThe Mental Capacity Act does not allow anyone, a parent included, to make these decisions on the person's behalf. Either they can consent themselves or it cannot happen.
- Friendships grow out of doing things togetherPeople become friends by seeing each other again and again, so a regular club, class or night out is the place to start.
- Watch for a friend who wants money or secrecyMate crime is when someone pretends to be a friend in order to take advantage. It can be reported to the police and to the council's safeguarding team.
- Support the choice rather than make itA family and a support worker can help the person get there and stay safe. Who to see and who to love are the person's own decisions.
This page is written for whoever is reading it, whether that is a parent, a brother or sister, a support worker or the person themselves. It describes the law in England and Wales.
What the law says
The right to friends, a partner and a sex life, and what the law says about consent
Adults with a learning disability have the same rights as anyone else to have friends, to fall in love, to have sex and to marry. The law protects those rights and, alongside them, protects people from being pressured or exploited.
For a parent who has kept a son or daughter safe for thirty years or more, this can be the hardest part of them growing up. The worry is understandable, and it does not change where the law starts. Learning disability: the family guide covers the wider picture. This page is about friends, partners and sex, and the table below sets out the four points of law behind it.
| What the law says | What it means for your family | |
|---|---|---|
| Consent to sex | Section 27 of the Mental Capacity Act 2005 says nothing in the Act permits a decision on consenting to have sexual relations to be made on a person's behalf. | No parent, attorney, deputy or court can say yes for them. Either the person can consent for themselves, or sex is not lawful for them at that time. |
| What capacity to consent involves | In A Local Authority v JB (2021), the Supreme Court held that the person must understand that their partner must be able to consent, and must consent before and throughout. | It is judged for this decision, not from a diagnosis, and every practical step must be taken to help the person understand before anyone concludes they cannot. Teaching can change the answer. |
| Marriage and civil partnership | The same section rules out anyone consenting to a marriage or civil partnership for the person. Causing someone who lacks capacity to consent to go through a marriage is a crime, with or without pressure. | A marriage arranged for someone who cannot consent to it is a forced marriage in law, even if the family meant well. |
| Carers and support workers | Under the Sexual Offences Act 2003, sexual touching by someone involved in a person's care is an offence where the person has a mental disorder, a legal term that can include a learning disability. | A paid carer or support worker must never have a sexual relationship with the person they support, whatever the person says they want. |
Consent to sex
- What the law says
- Section 27 of the Mental Capacity Act 2005 says nothing in the Act permits a decision on consenting to have sexual relations to be made on a person's behalf.
- What it means for your family
- No parent, attorney, deputy or court can say yes for them. Either the person can consent for themselves, or sex is not lawful for them at that time.
What capacity to consent involves
- What the law says
- In A Local Authority v JB (2021), the Supreme Court held that the person must understand that their partner must be able to consent, and must consent before and throughout.
- What it means for your family
- It is judged for this decision, not from a diagnosis, and every practical step must be taken to help the person understand before anyone concludes they cannot. Teaching can change the answer.
Marriage and civil partnership
- What the law says
- The same section rules out anyone consenting to a marriage or civil partnership for the person. Causing someone who lacks capacity to consent to go through a marriage is a crime, with or without pressure.
- What it means for your family
- A marriage arranged for someone who cannot consent to it is a forced marriage in law, even if the family meant well.
Carers and support workers
- What the law says
- Under the Sexual Offences Act 2003, sexual touching by someone involved in a person's care is an offence where the person has a mental disorder, a legal term that can include a learning disability.
- What it means for your family
- A paid carer or support worker must never have a sexual relationship with the person they support, whatever the person says they want.
Sources: Mental Capacity Act 2005 section 27; Supreme Court judgment of 24 November 2021; Anti-social Behaviour, Crime and Policing Act 2014 section 121; Sexual Offences Act 2003 section 38. Scotland and Northern Ireland have their own laws on capacity and sexual offences.
The Act's own words are in section 27 of the Mental Capacity Act, and the court's reasoning is in the Supreme Court's JB case. The forced marriage offence is in section 121 of the 2014 Act, and the government's forced marriage guidance gives the Forced Marriage Unit's contact details. The care worker offence is in section 38 of the Sexual Offences Act.
Friends and loneliness
Friendship and loneliness, and how to widen the circle
School and college bring friends without anyone having to arrange it. When they end, the people the person saw every day can go their separate ways, and friendships then need more deliberate help to start and to last.
One way to see where the gaps are is to draw the people in the person's life as four circles, with them at the centre. The diagram below is an example, and the circles are the ones used in person-centred planning.
Each dot is a person. This example has people close in, very few in the middle two circles and many paid people outside, which Thera describes as a common shape for people with a learning disability.
Circle 1: The people closest to them
The circle of intimacy
The people they cannot imagine life without: often a parent, a brother or sister, a partner or a best friend.
How it grows: Nobody can be placed here by someone else. A partner or a best friend arrives from the circles further out.
Circle 2: Friends
The circle of friendship
The people they ring with good news, have a laugh with, and talk to after a bad day.
How it grows: Friendship takes time, and it comes from seeing the same people again and again.
Circle 3: People they do things with
The circle of participation
People from a club, a class, work, a place of worship or the pub quiz, and neighbours.
How it grows: New friendships usually start here, so a regular group on the same day each week is the best place to put effort.
Circle 4: People who are paid to be there
The circle of exchange
The GP, the hairdresser, the taxi driver, a social worker, and support workers.
How it grows: These relationships matter, and they end when the payment ends. They cannot stand in for circles 2 and 3.
Where a support worker fits
A support worker sits in the outer circle. Their job is to help the person reach circle 3 and, in time, circle 2, by getting them to the club, the class or the night out. They are not there to become a friend or a partner.
Draw the circles with the person, using their own names for people, and look at the middle two. If they are nearly empty, that is where to put the effort. People become friends by meeting the same faces week after week over a shared interest, so a regular group on a fixed day is worth more than a string of one-off trips.
Groups to look for include Mencap groups, self-advocacy groups where people with a learning disability run the meetings, sports clubs, drama and music groups, and ordinary clubs the person can go to with support. Gig Buddies, a project of the charity Stay Up Late, pairs people with a learning disability with volunteers for gigs, sport and nights out. Day services and things to do in the day covers daytime groups and how they are paid for, and work and supported employment covers the other place many adults meet people.
The Foundation for People with Learning Disabilities describes circles of support, a group of people the person chooses who meet to help them do what they want with their life. A circle like that can take on friendship as its goal.
Meeting someone
Meeting someone: clubs, dating agencies and apps
People with a learning disability meet partners the way everyone does: through friends, at work or college, at a club, or online. There are also friendship and dating agencies set up for adults with a learning disability.
Friendship and dating agencies
Run for adults with a learning disability
Social clubs and nights out
Friendship first
Ordinary dating apps
Open to everyone
Work, college and friends of friends
The everyday routes
We cannot vouch for any agency and do not endorse one. Choice Support, a charity, runs Supported Loving, a network for people with a learning disability, their families and staff, and keeps a list of friendship and dating agencies by region, which states that it does not endorse them either. The learning disability charity Hft runs a friendship and dating service called Luv2meetU. Mencap's pages on relationships and sex include easy read guides on dating and on meeting people online.
Some agencies use the words "learning difficulties" when they mean a learning disability. Mencap separates the two: a learning disability affects intellect and lasts a lifetime, while a learning difficulty such as dyslexia does not affect intellect. If the difference matters, ask an agency who its members are.
Staying safe
Staying safe: mate crime, scams and exploitation
Friendships carry some risk for everyone. One risk that people with a learning disability face is mate crime, which Mencap describes as someone saying they are your friend but doing things that take advantage of you, such as asking for money a lot.
Signs a new friend or partner may be taking advantage
0 of 9 ticked
Money
Home and time
Online
If someone is in danger, ring 999. Otherwise ring the police on 101 or report it online. Disability hate crime, which includes mate crime, can also be reported through True Vision, the police-funded hate crime site, which has easy read guides. Money lost to a scam is reported to Report Fraud, the service that replaced Action Fraud, on 0300 123 2040. Mencap's page on mate crime and hate crime explains reporting in plain words.
If you think an adult is being abused or exploited, tell the council's adult safeguarding team. Safeguarding adults and how to report explains what happens after you ring, and scams and older people covers the tricks scammers use, and those tricks work the same way at any age.
Keeping someone safe is not a reason to stop them having relationships. Taking away every friendship punishes the person for someone else's behaviour and can leave them lonelier. Teaching them what a good friend does, and talking things over after they have been out, is a better protection, because it goes with them wherever they are.
Learning about sex
Learning about sex and relationships in a way that makes sense
Sex and relationships education at school may have been missed, rushed or pitched at the wrong level. It is never too late, and there is plenty written for adults in easy read.
- 1
Talk about it at home, in plain words
Whenever questions comeUse ordinary words for bodies and for sex, and answer questions when they are asked rather than putting them off. Short sentences and pictures help here as they do with any other information. - 2
Use easy read guides
Free to downloadMencap publishes easy read guides on friendships, dating, online relationships, consent and LGBTQ+ topics, and the Supported Loving toolkit points to more for people, families and staff. - 3
Ask the community learning disability team
Through the GP or the councilThese NHS teams include nurses and psychologists for adults with a learning disability. Ask whether they can offer one-to-one work or a group on relationships and consent. - 4
Use NHS sexual health services
Free and confidentialSexual health clinics offer contraception, testing and advice. Ask for a longer appointment or easy read information, which are reasonable adjustments the NHS can make.
Mencap keeps a list of sexuality and relationship resources, and the NHS explains how to find a sexual health clinic. Contraception, periods and sexual health can also be raised at the annual health check, where a longer appointment is normal.
Being gay, lesbian, bisexual or trans is part of this too. Mencap has easy read guides on LGBTQ+ topics, and the Supported Loving directories include LGBTQ+ social groups. A person working out who they are needs the same plain information and the same respect as anyone else.
Family and support workers
The family and the support worker: supporting, not deciding
A family and a support worker can both do a great deal to help a friendship or a relationship go well. Neither of them decides whether it happens.
What helps
- Talking about relationships openly, including sex, without embarrassment or teasing
- Helping with the practical side, such as travel, money for a night out and a phone that works
- Agreeing a safety plan together: a public place, a time to text and a way home
- Giving a couple privacy, as you would any adult couple
- Raising a worry with the person first, and with the council if it is serious
What oversteps
- Reading their messages or tracking their phone without their agreement
- Ending a relationship because you do not like the partner
- Treating a relationship as a phase or a joke
- A support worker becoming a friend, a date or a partner
- A support worker passing on details of the person's private life without their agreement
For a parent, supporting a relationship you are uneasy about is hard. Under the Mental Capacity Act, a person who can make a decision is allowed to make an unwise one, and who they see is one of those decisions. If you think they may not understand what is happening, or are being harmed, say so to their social worker or the safeguarding team rather than acting alone. Autism support at home covers routines and change, which can matter when a relationship begins or ends.
A support worker can go along: to a club, on the bus to a first date, or to a café nearby while the date happens, then home again. What they do should be agreed with the person beforehand. They keep professional boundaries throughout, which means no personal friendship or social media contact, and discretion about what they see. Professional boundaries with clients and families sets out where those lines sit.
If the person would like someone to go out with them in the evenings and at weekends, you can search for carers near you and compare their rates. PrimeCarers is an introductory service. We introduce self-employed carers and support workers, and we do not provide, arrange or manage care. The family, or the person themselves, chooses the carer, interviews them first and agrees the hours directly with them, and they can keep working with the same person for as long as it suits them both. For someone who wants a familiar face beside them in a new place, being able to choose that person, and keep them, is the point.
Before a carer appears in a search, we check their identity and right to work, confirm an enhanced DBS check (or PVG in Scotland, or Access NI in Northern Ireland) issued within the last 18 months, and interview them online. Separately, carers are insured while they work. We do not check qualifications, training or references, and there is no way to search for carers by learning disability experience. What a carer says about their experience is their own account, so ask about it at interview. Questions to ask at interview has a list to work from.
Questions
Questions families ask about relationships
Yes, if they have capacity to consent to sex. The Mental Capacity Act does not allow anyone to consent on their behalf, so the question is whether they can decide for themselves. The Supreme Court has said this includes understanding that their partner must be able to consent, and must go on consenting. If there is doubt, a professional can assess that one decision, and good teaching can change the answer.
If she can decide who she sees, the decision is hers, even if you think it is unwise. You can tell her what worries you and help her stay safe. If you think she does not understand what is happening, or is being exploited, tell her social worker or the council's adult safeguarding team. Making decisions for a grown-up son or daughter explains who decides what.
There are friendship and dating agencies set up for adults with a learning disability, and they are local rather than national. Choice Support's Supported Loving network keeps a list by region, and the charity Hft runs one called Luv2meetU. We do not endorse any of them. Some people also use ordinary dating apps, and a safety plan agreed beforehand helps.
Mate crime is when someone pretends to be a friend in order to take advantage, for example by asking for money again and again, using the person's home, or pressuring them into sex. It can be reported as a disability hate crime. Report it to the police on 101, or 999 in an emergency, or through the True Vision website, and tell the council's adult safeguarding team.
A support worker can travel with the person, wait nearby and help them get home, if that is what the person wants and it has been agreed beforehand. They keep professional boundaries throughout and give the couple privacy. They must never become a date or a partner themselves; for someone with a learning disability, sexual touching by a person involved in their care is a criminal offence.
Yes, if they have capacity to consent to the marriage. Nobody can consent for them, and causing someone who lacks that capacity to go through a marriage is a crime in England and Wales, even without pressure. The Forced Marriage Unit gives confidential advice to anyone worried about a marriage being arranged.

