Warning against ‘unnecessary use of private medical information’

A coalition of mental health organisations, led by the BPS, has written to the Crown Prosecution Service warning against new guidance that would allow rape victims' private therapy notes to be accessed in court. The group, including the Royal College of Psychiatrists and UK Council for Psychotherapy, have said this change could prevent many victims from seeking therapy due to fear of their notes being made public and possibly being used against them in court.

The new guidance advises that therapy notes could be accessed if it is thought they may be 'relevant' to a case, but the coalition said in its letter to the Crown Prosecution Service Chief Executive Rebecca Lawrence that this is too broad a term. They wrote: 'We believe that this… allows for unnecessary use of private medical information at the expense of survivors. Building a trusting relationship is essential to effective therapeutic support and is often particularly difficult to establish in cases of sexual violence. It is also essential that people feel able to be open about their thoughts and feelings.'

CEO of the BPS, Sarb Bajwa, said the new guidance was unnecessary and could damage the delicate trust-based client therapist relationship. 'There are already provisions in guidance to allow for therapy notes to be disclosed in criminal investigations where there is reason to believe it would undermine the prosecution or support the defence…

'A lack of support for victims, including confidence in pre-trial therapy, has been cited as one of the key reasons for victims not supporting further action. So any guidance that could prevent victims from pursuing their case in the courts could be hugely damaging and we urge the CPS to reconsider this new guidance in the interests of public health.'