Download University of Glamorgan Counselling Service Policy on Responding

University of Glamorgan Counselling Service
Policy on Responding to Requests for
Confidential Information
Introduction
Occasionally counsellors may receive requests for information from external agencies such as:
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Local education authorities concerning student’s requests for funding for repeat years due
to mitigating circumstances.
Solicitors acting on behalf of clients or ex-clients, with or without client’s signed consent.
The Criminal Injuries Compensation Board for clients or ex-clients claiming damages.
Police investigating criminal matters.
Courts of law.
Clients or ex-clients might also request the release of confidential information to themselves or
agencies acting on their behalf.
Usually the material is sought to provide evidence that may ostensibly be in the client’s best interest,
such as when a client is claiming compensation. Occasionally evidence might be sought that is
unfavourable to the client, such as in criminal proceedings. The information may be sought in
various ways. Counsellors might be asked to
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Write reports about the client, such as the nature and extent of their difficulties
Write statements concerning attendance at counselling
Release counselling records
Write character testimonials
Appear as a witness, either voluntarily or by being subpoenaed.
The Counselling Service policy applies to all sources of request and for all purposes.
POLICY
Unless it is a legal requirement the Counselling Service will not provide information to external
parties such as solicitors, Criminal Injuries Compensation Board representative, police or others,
even when such information is requested by a counselling client or ex-client.
If a client requests confirmation that they have received counselling, a counsellor might agree to
provide a written statement to confirm attendance at counselling if she or he feels it would not be
detrimental to the work. Signed permission will be required from the client for the letter to be
written and can only be provided at the request of the client and provided to the client. The
counsellor will alert the client to the fact that even a simple statement such as “the student
attended counselling” can be open to a number of interpretations. The client will need to consider,
with the counsellor’s help, the full implication of providing information about their counselling
sessions and the possible consequences.
Rationale for policy
“Because of the recognition that maintaining trust is central to the provision of therapy, it will
usually only be appropriate to breach confidentiality in compliance with a court order” (Home Office
et al; 2001: section 3.14). Counsellors are not legally obliged to release session notes unless a
subpoena is issued, and a subpoena can be contested. Counselling records may contain information
that would be actively unhelpful to the client’s case, as well as material about third parties. Once
information is released, it could be made available to all parties involved in the case.
It is not appropriate for counsellors to make diagnoses, such as “The client was suffering from…” or
statements that could be challenged, such as “This affected the student’s work…” as these kinds of
statements can be potentially detrimental to the client.
Disclosure, even with the client’s consent, can have unexpected and unintended adverse effects, in
particular material can be used against the client’s credibility as a witness.
Exceptions to this policy are:
 Terrorism and terrorist activities: it is a legal duty under Section 38B of the Terrorism Act
2000 to disclose information about terrorist activities
 Drug trafficking and money laundering: under Sections 53 and 58 of the Drug Trafficking Act,
it is an offence to fail to disclose information acquired about drug money laundering.