@NiceGerbil
Or a person with some common sense and empathy etc.
And it was women on this thread who argued that if it's legal and something men generally can do then it's discrimination not to facilitate it for men in care. And that was that.
Those who made that statement surely can give their views on the situations I have mentioned.
I don't recognise your characterisation of that argument - so I don't know if anyone else would - or is that how you see Hayden's interpretation of Art. 8?
Hayden included discussions of risk assessments and care plans. The fact that something is legal doesn't mean that it can be implementable. However, I understand the concern that this judgment might be used with somebody for whom there would be a risk assessment that has no flags - in which case, carers are being asked to facilitate prostitution. Hayden's judgment looks to protect them from prosecution for that. Robert Buckland is appealing as Secretary of State - it looks like the appeal is on grounds of Article 9 to protect the rights of the carers not to do this (I haven't seen the document).
I don't want a creep in which a carer's job specification includes arranging these services - I'd rather it wasn't in there at all. I don't know where that leaves carers who support these transactions and wish to arrange them for their charges. For young men who are violent and whose liberty is restricted, I don't know if they are mostly cared for by male care teams.
There are a number of experienced (social) carers on this thread. They describe scenarios and circumstances in which this is happening already.
I did see someone upthread mention that she'd not work for somebody who engaged with sex workers. I should think many of us do work with, for, alongside, or supervise men who do this. From threads on MN, it would seem that we're also in relationships with them or related to them. We mostly don't know about it.
I grew up somewhere where there was a brothel every six houses or so. Sex workers lived in the other houses but they were working the streets rather than in the brothels. [I've just edited out an unnecessary detail about how my childhood involved a substantial informal risk assessment about avoiding men who thought they were entitled to consider any child or woman in the area as somebody to be accosted or purchased.]
I also remember some traumatised women in the area who cared for family members at home until they became sex pests for them and their children. They didn't necessarily blame some of those family members who had had profound brain damage from birth etc. or who had had substantial brain trauma through injury or illness. Some of them transacted with sex workers (no idea how they arranged it). Others of them had sympathetic GPs who committed the family members to mental hospitals or asylums etc. - when they existed.
Care in the Community and a lack of resources brought the private arrangements and problems back into the community. Very little has been clarified - and Hayden's potted history of the restrictions on sexual activity or an intimate life for adults with learning disabilities, TBI, or severe mental health diagnoses gives a timeline for this.
Nobody has a right to sexual access to a non-consenting adult. Sex work might be legal but I have always considered/experienced it as profoundly damaging to wider social relationships and communities. I still jump when somebody bangs on the front door aggressively (so that's every courier) because it takes me back to all the men who'd bang on our door. My mother was so fed up or cowed with it she'd send me upstairs to lean out of the window and call down that they'd got the wrong house.
I can not bear the idea that this would be written into someone's job specification or that carers will be expected to facilitate this. I am very far from the only adult who has lived in circumstances like this and carries that experience with her. I should think it's very probable that a substantial number of carers would potentially be traumatised by having to do something like this.
If there were an enquiry or Buckland called for evidence, then I would contribute a version of this.