In a legal setting, who can have access to my therapy notes?
You don't have to share your notes with the police under data protection legislation or to a solicitor.
Psychologists should use their professional judgement as to whether to share their notes.
They should pay attention to whether there may be abbreviations or shorthand that is unclear and need explanation and whether information contained in the notes is relevant to the case.
Only other psychologists should be able to comment on any psychometric data.
An individual who is the subject of a report may be able to request access to notes and under legislation such as Health Records Access or Data Protection. The request should make clear the legislation under which the request is made.
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If you have any queries, please contact the Customer Support Team.
I have received a HCPC Fitness to Practise letter, can you help?
We are aware this can be upsetting and challenging.
You can further information on the Fitness to Practice (FtP) process and details of the professional indemnity insurers we work with.
If you have not already done so, please contact your professional indemnity insurer for legal advice. Some professional indemnity insurers also assist their clients in drafting responses to the HCPC. It is always best to contact your insurer for advice before responding to the HCPC.
If you are a member of a trades union, please speak to your local representative or official for advice and guidance.
We can sometimes raise individual cases with our HCPC dedicated liaison manager. This mostly relates to long delayed FtP cases, the misapplication of administrative processes and issues related to registration.
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If you have any queries, please contact [email protected].
I live outside the UK and would like to work with someone in the UK using tele therapy – what do I need to do?
We are aware that working across international boundaries is becoming more common.
Psychologists in the UK are regulated by the Health and Care Professions Council (HCPC). If you are not based in the UK, your practice would not be governed by UK law (which requires practitioners to register with the health and care professions council) but we would expect that you would make it clear to prospective patients of where you are based and, as such, your practice would be regulated there. We also expect that psychologists have indemnity insurance cover for all their work.
With regards tele therapy specifically, the UK has no legislation or guidance governing the use of tele therapy other than an expectation that psychologists consider the security and confidentiality of individual software being used.
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If you have any queries, please contact [email protected].
I live in the UK and would like to work with someone abroad – is that ok?
From a UK perspective, you are allowed to practice with clients outside the UK.
If you will be using one of the titles protected by UK law (Clinical Psychologist, Counselling Psychologist, Educational Psychologist, Forensic Psychologist, Health Psychologist, Occupational Psychologist or Sport and Exercise Psychologist) you will need to be registered with the Health and Care Professions Council (HCPC).
You would need to check with the body for psychologists in the country where your client resides to see what obligations they may have for psychologists. We don't keep a list of these however a google search can often be useful to help you find the relevant body which could be a regulator or a professional body. You should make it clear to your client that you are based in the UK.
We also expect that all aspects of a psychologist's work are covered by indemnity insurance so please check with your insurer to ensure your work is covered.
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If you have any queries, please contact [email protected].
What professional title can I use?
The Health and Care Professions Council regulated several protected Practitioner Psychologist titles. There are other titles which psychologists may consider using in their work.
Our Practice Guidelines state:
"Psychologists are encouraged to state their registration with the HCPC and protected title(s). This will provide assurance that the psychologist meets national standards of training and professional skills.
The term 'consultant' generally does not have a formal definition. Within the medical field it is used by doctors who have considerable experience and proven expertise demonstrated through examination within their respective Royal Colleges.
While there is no clear comparable grading structure for psychologists outside the NHS (within the NHS, the consultant title is used by psychologists who are employed in Band 8C, 8D and 9 positions), the use of this title would be seen to reflect both seniority and specialist expertise.There is a difference between a 'consultant' psychologist and a psychologist who provides consultations in their context of practice. The Society expects that psychologists should be honest and accurate in representing their professional affiliations and qualifications, including such matters as knowledge, skill, training, education and experience.
The society's position is that this would be applicable in any situation where expert knowledge or skills is being marketed or promoted, whether or not this is for financial gain. Further information is available in Society Document: Guidance on the use of the title 'Consultant Psychologist'."
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If you have any queries, please contact [email protected].
My client has disclosed a crime, do I have to tell the police?
Clients may disclose a crime in their past either as a victim or an offender.
Our Practice Guidelines state:
"Clients are entitled to expect that the information they give to psychologists about themselves and others will remain confidential. Psychologists have a duty not to disclose such information except as discussed below and to bring their confidentiality practice to the attention of their clients, employers, managers and any other professionals involved.
Psychologists have a duty to inform involved parties of their confidentiality standards and practice at the point of first contact. Clients should be informed of the limits of confidentiality where information about them may be shared and confidentiality breached, for example for reasons of safeguarding, requirements of the law, and public protection."
If disclosure of information is deemed necessary, psychologists should obtain specific informed consent from their clients, making the consequences of disclosure as clear and unbiased as possible. There are a number of circumstances where this might not be possible or may not apply: for example where the health, safety, security or welfare of the client or someone else may otherwise be put at risk; and if there are legal or safeguarding responsibilities, such as the need to avoid 'tipping off'. If confidentiality is broken without consent, the client should be told what has been said and to whom, unless such disclosure may expose the client or others to serious harm or is contrary to legal or safeguarding obligations.
Psychologists who are faced with the difficult decision as to whether to disclose information without a client's consent must weigh carefully the arguments for and against disclosure. The responsibility for this decision lies with the individual psychologist.
Disclosure without consent, or against the client's expressed wish may be necessary in situations in which failure to disclose appropriate information would expose the client, or someone else, to a risk of serious harm (including physical or sexual abuse) or death.
The psychologist must weigh up the needs and interests of their own client against the wider welfare, protection and safeguarding of the public.
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If you have any queries, please contact [email protected].