A photo of some of the Keep Counselling Confidential team. 4th October 2022. Credit: Sara Kilner.
Survivors’ therapy notes don’t belong on trial.
The Campaign
When a survivor of sexual violence reports the offence, the police routinely try to access their counselling and therapy notes. Once the police get these notes, they can also be read by prosecutors, defence lawyers and even the perpetrator – often with the aim of trying to find something that could undermine the survivor’s credibility.
Counselling notes can be used by police to take ‘no further action’ and stop pursuing the case, or they can be used at Court by defence barristers to seek to undermine a survivor.
This puts survivors in the impossible position of being forced to choose between pursuing justice or healing from trauma. Because of this, many choose not to have counselling. Survivors who do continue with therapy ahead of a trial are often told they must not talk about what happened to them. Both scenarios leave many without vital, life-saving support at a time when it is needed most, frequently for several years.
Counselling is focused on feelings, not facts. Any notes made will rarely be relevant to the case. These notes should not be used as evidence in a criminal case.
A photo of two Rape Crisis England & Wales staff members with a campaign poster. 4th October 2022. Credit: Sara Kilner.
We are delighted that the #KeepCounsellingConfidential campaign has been shortlisted by the SMK Foundation. This recognition is the result of years of hard work and collaboration between leading organisations working to end sexual violence, with the aim of improving the experiences of survivors who are navigating the criminal justice system.”
Ciara Bergman
Rape Crisis England & Wales CEO
The Change
Led by a coalition of leading organisations working to end sexual violence, the #KeepCounsellingConfidential campaign led to a change in the law that gives greater protection to survivors’ counselling notes when reporting sexual violence.
In April 2024, the Government accepted an amendment to the Victims and Prisoners Bill that will raise the legal threshold for when rape survivors’ counselling notes can be requested by the police. This amendment received cross-party support and is a big win for survivors’ rights to privacy, justice and healing.
The Future
Once the law comes into force, police requests for counselling notes will only be permitted where an investigating officer “has reason to believe that the infromation sought is likely to have substantial probative value.”
The organisations involved in the #KeepCounsellingConfidential campaign are now consulting with Government to ensure that the guidance on the legal change is as strong as possible, and can be properly implemented, when it comes into force in 2025/26.
After years of campaigning, they are delighted to see that the sensitive and deeply personal information shared by survivors during counselling will finally be treated with the respect and appropriate protections that it deserves.
Who else was involved?
Led by Rape Crisis England & Wales (RCEW), Centre for Women’s Justice (CWJ), End Violence against Women Coalition (EVAW), and Rights of Women (RoW). Supported by British Association for Counselling and Psychotherapy (BACP), National Counselling and Psychotherapy Society (NCPS), and Baroness Gabby Bertin.
