Table of Contents

Introduction - Peter Jenkins
PART ONE: THE LEGAL CONTEXT OF THERAPEUTIC PRACTICE
Confidentiality - Stephen Palmer
A Case Study
Psychoanalyst Subpoenaed - Anne Hayman
Legal Pitfalls in Counselling and Psychotherapy Practice and How to Avoid Them - Gideon Cristofoli
Taking Legal Action against a Therapist for Professional Negligence - Inge Power
Transparent Recording - Peter Jenkins
Therapists and the Data Protection Act 1998
Preparing Reports and Presenting Evidence in Court - Philip Pollecoff
A Guide for Counsellors and Psychotherapists
PART TWO: LEGAL CHALLENGES FOR THERAPY
Regulating Counselling and Psychotherapy - Julie Stone
Lessons from Complementary Medicine
Legal Issues in Therapeutic Work with Adult Survivors of Sexual Abuse - Annabell Bell-Boulé and Très Roche
Counselling in Legal Settings - Brian Williams
Provision for Jury Members, Vulnerable Witnesses and Victims of Crime
The Law of Confidentiality - A Solution or Part of the Problem? - Tim Bond
False Memories or Recovered Memories? Legal and Ethical Implications for Therapists - Peter Jenkins
The Implications of the Human Rights Act 1998 for Counsellors and Psychotherapists - Vincent Keter
Appendix 1
The Academy of Experts
Model Form of Expert′s Report
Appendix 2
Therapy Notes and the Law - Stephen Jakobi and Duncan Pratt
Appendix 3
Relevant Organizations

About the Author

Peter Jenkins is a counsellor, trainer, supervisor and researcher. He has worked as a student and staff counsellor in college and university settings for the past thirty years. During this time, he has developed a particular interest in exploring ethical, professional and legal issues in counselling practice. He has run over two hundred workshops on these topics, aimed at addressing the current concerns of practitioners. He has been a member of both the BACP Professional Conduct Committee and the UKCP Ethics Committee and has published around one hundred articles on law and ethics in the professional counselling press. His publications include Therapy with Children, as co-author with Dr Debbie Daniels (Second edition, Sage, 2010), Counselling, Psychotherapy and the Law (Second edition, Sage 2007), online modules for Counselling Mind-Ed and other training material, such as Counselling Confidentiality and the Law (2013, Counselling DVDs). 

Peter has produced a wide range of free resources, which can be downloaded to supplement the material outlined in his recent book, Professional Practice in Counselling and Psychotherapy: Ethics and the Law. These resources include a video presentation on key issues in recording therapeutic work with clients and online self-study programmes on legal issues in working with children and young people for MindEd. While his book closely follows the BACP Ethical Framework in terms of discussing the competencies required of counsellors and psychotherapists, he has also developed a critical analysis of the Ethical Framework, and of some of the legal resources designed to underpin it. In addition, the key area of data protection is undergoing change, with the implementation of the General Data Protection Regulation in May 2018. The impact of the GDPR is explored in a further piece, looking at its background and some of the main implications for counsellors.




Video of PPS presentation on ′Records as Evidence′
MindEd Counselling: Legal and Professional Issues, i.e. self-study online programmes on working with young people, in relation to record keeping, safeguarding, ethics and the law
Article: ′What is wrong with the Ethical Framework?′
Article: ′Chestnuts roasting on an open fire? Supervisor liability revisited′
Article on the new General Data Protection Regulation: ′An upgrade for data privacy?′

Webinars (access is free for counselling students via https://www.onlinevents.co.uk/library):



Working with Children and Young People: An Ethical and Legal Minefield?
Making Sense of the New Ethical Framework
Supervisors – A New Duty of Care?

Brief video clips discussing:



The Gillick principle in working with children and young people
Limits to confidentiality in reporting a serious crime committed by your client 
Aspects of professional negligence, in the watershed legal case of Werner versus Landau (1961)


Peter can be contacted at peter.jenkins@alumni.manchester.ac.uk 

Reviews

`This is good value for trainees and experienced practitioners alike, provoking reflection and providing a useful reference source′ - Sally Scott, Healthcae Counselling and Psychotherapy Journal