Blog: Latest Law Amendment on Protecting Survivors’ Privacy

UK Government Enhances Protection for Survivors’ Counselling Notes:

A Step Forward in Mental Health Support 

As a charity that provides mental health support to survivors of childhood sexual abuse, Quetzal ensures that we remain up to date with policy changes that may affect the service it provides. As such, the UK govt’s latest law amendment on protecting survivor’s privacy comes as a celebrated win across all party lines. The amendment to the Victims and Prisoners Bill, means that the “legal threshold for police requests of rape survivors’ counselling note” has increased, due to the sensitive nature of them ​(Rape Crisis England & Wales, 2024)​, and thus aims to increase protection surrounding survivors’ privacy and improve their trust in the therapeutic process. The legislative change that occurred marks a pivotal moment in recognising the importance of counselling in fostering mental health recovery and ensuring that confidentiality and trust is prioritised for effective therapy to occur. 

What is does the Amendment mean for survivors? 

• Extra Protection: New law gives more protection to victims’ counselling notes during criminal investigations. 
• Higher Threshold: The Victims and Prisoners Bill raises the bar for police requests for rape survivors’ counselling notes, recognising their sensitive nature. 
• Limited Requests: Police can now only request counselling notes if they believe the information will be very helpful for the case. 
• Freedom to Choose: Survivors can now seek therapy without fearing it will hinder justice. 
• Full Privacy Rights: Survivors now fully control access to their counselling notes. 
• New Practice: Police and prosecutors can’t routinely ask for private counselling notes anymore. 
• No More Coerced Consent: Survivors no longer feel pressured to agree to sharing their private notes. 

Counselling plays a pivotal role in providing individuals with a safe space to process their emotions, confront past traumas, and develop coping mechanisms ​(Bolt Burdon Kemp, 2022)​. For survivors of abuse, violence, or other traumatic events, counselling can be an invaluable lifeline towards healing and rebuilding their lives. However, concerns regarding the privacy and security of counselling notes have long been a barrier for survivors seeking help ​(End Violence Against Women, 2024)​. By enhancing the legal protections surrounding counselling notes, the UK government is sending a clear message that survivors’ privacy and autonomy are worth protecting. This move not only reinforces the confidentiality between therapists and clients but also encourages survivors to seek the support they need without fear of their personal information being compromised. The move aims to reduce the number of survivors’ who choose between prosecution and healing, as before this amendment, it was highly likely that their counselling notes would be accessed as all levels of the criminal justice process ​(Rape Crisis England & Wales, 2024)​.  

The importance of counselling in promoting mental health cannot be overstated. It provides a non-judgmental environment where individuals can explore their feelings, confront negative thought patterns, and develop healthy coping strategies. For survivors, counselling offers a safe space to unpack their trauma, process complex emotions, and work towards reclaiming their sense of self ​(Couples Counselling Centre, 2023)​. Moreover, counselling plays a crucial role in breaking the cycle of silence and stigma surrounding mental health issues, particularly within communities where seeking help is often viewed as a sign of weakness. By normalizing conversations around mental health and providing accessible counselling services, we can empower survivors to prioritize their well-being and seek the support they deserve. 

The recent legal changes not only reflect a growing recognition of the importance of mental health but also demonstrate a commitment to creating a more compassionate and supportive society. By strengthening the protections for survivors’ counselling notes, the UK government is taking concrete steps towards ensuring that survivors feel safe, respected, and heard throughout their healing journey.