More safeguards are needed to keep counselling records confidential from police and court processes so sexual assault survivors feel they can access therapy and safely explore their experience without fear of their notes being requested.

We鈥檝e called for complete confidentiality to protect the survivor's account of an offence in our response to a Government consultation on a draft Victim Information Code of Practice.

The Code of Practice has been developed following the passing of the Victims and Prisoners Act 2024. The act put in place safeguards to protect sexual assault survivors' counselling notes during criminal investigations following a campaign by the Keep Counselling Confidential coalition, of which we鈥檙e a part.

The Act states that police must start with an assumption that a request for counselling notes is not necessary and proportionate to their investigation. This aims to put an end to fishing expeditions for information that often aren鈥檛 relevant to the investigation and are used to undermine the credibility of the survivor.

Code does not go far enough

However we鈥檙e concerned the Code of Practice, which creates a framework for how to implement the act, does not go far enough to protect survivors.

We鈥檝e called for the victim鈥檚 account of the offence to also be added to the list of factors that do not meet the threshold to be asked for by police.

Our response is in line with submissions from our partners in the Keep Counselling Confidential Coalition, led by Centre for Women鈥檚 Justice, End Violence Against Women Coalition, Rape Crisis England & Wales and Rights of Women.

Confidential

Jo Holmes, our Children, Young People and Families Lead, said:

鈥淰ictims and survivors of sexual offences often feel they have to weigh up either seeking justice through a lengthy and often re-traumatising court process against working through their trauma with a counsellor at a time when they most need it, which is often pre-trial. Victims and survivors have to feel safe enough to access therapy without the added fear that their words could be read out in court and used against them.聽

Stronger, clearer wording

鈥�While the guidance for requesting counselling records offered as part of the code will introduce some stronger safeguards for victims鈥� confidential counselling and therapy notes, it鈥檚 not as robust as required by the legislation. We must ensure there鈥檚 stronger, clearer and more practical wording so that counselling remains truly confidential.鈥�

Within our response, we鈥檝e also said that the definition of counselling services should include the full range of psychological and emotional counselling and therapeutic approaches and support.

We鈥檝e added that counselling records should be protected equally no matter the setting in which the person receives support

We鈥檝e also said that those who happen to seek support from a practitioner who is not qualified deserve to have their records equally protected, as those who seek help from qualified practitioners.

The consultation closed on 1 July.

Read our full response to the Victim Information Code of Practice consultation (103kb).