Commentary on Sections Part 1: Sexual Offences Section 42: Care workers: interpretation
69.This section defines a relationship of care for the purposes of sections 38 to 41. An example of a relationship covered by subsection (2) is where A is a member of staff in a care home and B is a resident there. An example of a relationship covered by subsection (3) is where A is a receptionist at the clinic that B attends every week. Subsection (4) covers any situation where A provides care, assistance or services to B in connection with B’s mental disorder. An example of a relationship covered by subsection (4) is where A takes B on outings every week or treats B for his learning disability with complementary therapies in B’s own home. In all cases, A must have, or be “likely to have”, regular face to face contact with B. The “likely to have” limb is to cover persons who provide care to B in these situations from day one of their involvement with B.