the balancing act; records and notes in court cases lynda bennett

The Balancing Act

Online Counselling Course March 2010 LMB

Does working online produce different problems?

By Lynda Bennett MBACP (Accred)

IntroductionThere has not been a case of law yet (in the UK)

where an online counsellor has been a witness in court.

This presentation is to highlight some of the possible areas of concern.

Confidentiality has been looked at from the point of Online Counselling and using the internet.

But where do we stand with those very personal emails that have been sent between client and counsellor?


Ask yourself the following Questions.

Why do you keep client records?What use are they to you?Should you keep any at all?What use could someone else make of the

information you have recorded?Legally what is the minimum information

you need to keep?


Where do you stand under the Data Protection Act 1998 when working as an Online Counsellor?

References ~ Bond & Mitchels 2008 Confidentiality &

Record Keeping in Counselling and Psychotherapy – Chapter 6

BACP Ethical framework 2010BACP Information Sheet 2003 Making notes

of Counselling and Psychotherapy SessionsData Protection Act 1998


The Online Contract ~ remember thatOwnership of all emails is shared.An agreement between client and counsellor

is recommended to decide what should happen to emails once sent.

The recommendation is, emails are to be deleted once brief notes are completed as all held records can be requested.

If this is agreed at contract stage it is clear.


Who can request your records?Your client can request to see them at any

time.Only the Judge in a court case (UK) can

legally request your records.Others may write very official letters to try

and access any counselling records. ALLWAYS take your own legal advice before

agreeing to release any records. I was recommended never to hand over

records. Always keep your originals. Online Counselling Course March 2010 LMB

Legal Advice who can I ask?


Useful Websiteswww.therapylaw.co.uk ~ for specialist legal advice.

www.bacp.co.uk ~ Professional support for members.

www.ico.gov.uk ~ Data Protection Act 1998 information site.


Always get good legal adviceMake sure your insurance company knows

that you are doing online work as this could change your policy.

They may offer advice. Your agencies own legal team.Most agencies/companies will have a solicitor

who may not know the answers but can find out.

BACP email [email protected] phone 01455 883300


RememberAnything you write about a client can be

used in court.Anything they write to you can be used in

court.All process notes can be used in court.All drawings, poetry ect. can be used in

court.Voice Skype or instant messaging may or

may not be traceable. Online Counselling Course March 2010 LMB

By making the email exchange situation clear at the start of the contract could save you problems later.

I don’t have all the answers and until there is a court case involving an online counsellor and their client in the UK I don’t think we will have.

What I hope I have done is at least to raise the profile of the importance of what we keep in our notes/records and the legal possibilities.


Other sources of informationMitchels, B. & Bond, T. (2010) Essential Law for

Counsellors and Psychotherapists. Sage Publications

Bond, T. & Mitchels, B. ( 2008) Confidentiality & Record Keeping in Counselling & Psychotherapy.

Jenkins, P. (2007) 2nd Edition Counselling, Psychotherapy and the Law. Sage Publications

Jenkins, P. (et al 2004) Psychotherapy and the Law Questions & Answers for Counsellors & Therapists. London Whurr

Bond, T. & Sandhu, (2005) A. Therapists in Court providing evidence & supporting witnesses. Sage


The Balancing Continues.


the balancing act; records and notes in court cases lynda bennett

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