From this week, new rules are in force that significantly strengthen protections for sexual assault survivors’ counselling notes during criminal investigations, following years of campaigning by the Keep Counselling Confidential coalition.
New rules in force
The Government has confirmed it will support amendments to the Victims and Prisoners Bill and introduce a statutory Code of Practice making clear that police must begin with the assumption that requesting counselling notes is not necessary or proportionate. Requests will now only be made in exceptional circumstances and must be authorised at senior level.
The changes are intended to end routine and intrusive requests for counselling records, which have historically deterred survivors from accessing therapy and, in some cases, been used to undermine their credibility.
Reduce fear and anxiety
Our Safeguarding Lead, Jo Holmes, said:
“Counselling is often the only place victims and survivors feel able to speak freely and begin to heal, so this marks an important step forward for those seeking therapy following rape and sexual assault. It will help to re-establish trust and confidence in the counselling profession, ensuring that what is discussed during therapy remains confidential.
“Knowing this space is now better protected will reduce fear and anxiety, allowing victims and survivors to engage fully in therapy without worrying that their most personal reflections being used against them.
“Alongside other professional bodies, we’ve been advocating for this change throughout the development of the Victims and Prisoners Bill, and we’re glad to see an end to practices that retraumatise survivors and prevent many from accessing therapy in the first place.â€
Working with partners
We have worked closely with Rape Crisis England & Wales, the End Violence Against Women Coalition, and partners including the National Counselling and Psychotherapy Society and the UK Council for Psychotherapy to help secure these changes.
Protecting confidentiality
Reflecting on the emotional impact for survivors, accredited counsellor Georgina Sturmer said:
“This new guidance will offer a stronger sense of reassurance for victims and survivors of rape and sexual assault. ÌýAs therapists, it’s so important that we can offer our clients a sense of privacy and dignity as they navigate their emotions. ÌýThis shift should help us to feel better able to protect the confidentiality of our clients in these situations.â€
Prolonged trauma Ìý
Minister for Safeguarding and Violence Against Women and Girls Jess Phillips also commented:
“Rape and sexual assault devastate victims’ lives, but the sad truth is police investigations often only prolong that trauma. But by stopping police routinely accessing counselling notes, we hope that more victims will have the confidence to come forward and help us bring more predators to justice. This is about more than just words. We are deploying the full power of the state to make this country safe for women and girls.â€
Our ongoing commitment
While this represents meaningful progress, we recognise that further safeguards are still needed. In our response to the consultation on the Victim Information Code of Practice, we called for clearer wording, stronger protections for survivors’ accounts of offences, and equal confidentiality for counselling records regardless of setting or practitioner.
We will continue to campaign for further improvements so survivors can access counselling safely, confidentially and without fear.
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