
Wow, we kicked a hornet's nest there didn't we? Following
Community Care's feature on direct payments being used for sex the national press have latched onto the results of a freedom of information request by disabled campaign group, TLC trusts, which found four councils endorsed using direct payments for sexual services.
Indeed, the outrage eclipses what is a rather important debate, not just about how people use their direct payments but the legality of sex work as a whole.
Direct payments are to be used to meet people's needs however they see fit. The government has established this has the potential to provide better outcomes and possibly save money in other parts of the social care system. In any other area this sin't a problem, but with sex it becomes tricky.
So if we accept that the principle is sound (that's a whole other debate) then it must be where we stand on sex that is a problem.
Paying for sex is not illegal but soliciting and profiting from others being paid for sex is. It's this inherent contradiction that provides professionals with issues. Until the legal standing is clarified then it will continue to do so.
However, the fact that the law is very much from the nod-and-wink school of legislation, where it seems if things are kept out of sight the police are happy enough for them to remain out of mind, demonstrates the same societal problem as the tabloid headlines. We are uncomfortable with sex being out in the open and dealt with in a mature adult manner, less comfortable still with state involvement (even if there is some merit) and, it seems, doubly uncomfortable with disability and sex combined.
This precludes any move to legalisation or part-legalisation which could seek to remove considerations of exploitation of disabled people and prostitutes for social workers.
In the end this is just a case of disabled people using their money for something non-disabled people could do without anyone paying any attention. Until society can handle that though maybe it's best if they just keep it to themselves.