the balancing act; records and notes in court cases lynda bennett
TRANSCRIPT
The Balancing Act
Online Counselling Course March 2010 LMB
Does working online produce different problems?
By Lynda Bennett MBACP (Accred)
IntroductionThere has not been a case of law yet (in the UK)
where an online counsellor has been a witness in court.
This presentation is to highlight some of the possible areas of concern.
Confidentiality has been looked at from the point of Online Counselling and using the internet.
But where do we stand with those very personal emails that have been sent between client and counsellor?
Online Counselling Course March 2010 LMB
Ask yourself the following Questions.
Why do you keep client records?What use are they to you?Should you keep any at all?What use could someone else make of the
information you have recorded?Legally what is the minimum information
you need to keep?
Online Counselling Course March 2010 LMB
Where do you stand under the Data Protection Act 1998 when working as an Online Counsellor?
References ~ Bond & Mitchels 2008 Confidentiality &
Record Keeping in Counselling and Psychotherapy – Chapter 6
BACP Ethical framework 2010BACP Information Sheet 2003 Making notes
of Counselling and Psychotherapy SessionsData Protection Act 1998
Online Counselling Course March 2010 LMB
The Online Contract ~ remember thatOwnership of all emails is shared.An agreement between client and counsellor
is recommended to decide what should happen to emails once sent.
The recommendation is, emails are to be deleted once brief notes are completed as all held records can be requested.
If this is agreed at contract stage it is clear.
Online Counselling Course March 2010 LMB
Who can request your records?Your client can request to see them at any
time.Only the Judge in a court case (UK) can
legally request your records.Others may write very official letters to try
and access any counselling records. ALLWAYS take your own legal advice before
agreeing to release any records. I was recommended never to hand over
records. Always keep your originals. Online Counselling Course March 2010 LMB
Legal Advice who can I ask?
Online Counselling Course March 2010 LMB
Useful Websiteswww.therapylaw.co.uk ~ for specialist legal advice.
www.bacp.co.uk ~ Professional support for members.
www.ico.gov.uk ~ Data Protection Act 1998 information site.
Online Counselling Course March 2010 LMB
Always get good legal adviceMake sure your insurance company knows
that you are doing online work as this could change your policy.
They may offer advice. Your agencies own legal team.Most agencies/companies will have a solicitor
who may not know the answers but can find out.
BACP email [email protected] phone 01455 883300
Online Counselling Course March 2010 LMB
RememberAnything you write about a client can be
used in court.Anything they write to you can be used in
court.All process notes can be used in court.All drawings, poetry ect. can be used in
court.Voice Skype or instant messaging may or
may not be traceable. Online Counselling Course March 2010 LMB
By making the email exchange situation clear at the start of the contract could save you problems later.
I don’t have all the answers and until there is a court case involving an online counsellor and their client in the UK I don’t think we will have.
What I hope I have done is at least to raise the profile of the importance of what we keep in our notes/records and the legal possibilities.
Online Counselling Course March 2010 LMB
Other sources of informationMitchels, B. & Bond, T. (2010) Essential Law for
Counsellors and Psychotherapists. Sage Publications
Bond, T. & Mitchels, B. ( 2008) Confidentiality & Record Keeping in Counselling & Psychotherapy.
Jenkins, P. (2007) 2nd Edition Counselling, Psychotherapy and the Law. Sage Publications
Jenkins, P. (et al 2004) Psychotherapy and the Law Questions & Answers for Counsellors & Therapists. London Whurr
Bond, T. & Sandhu, (2005) A. Therapists in Court providing evidence & supporting witnesses. Sage
Online Counselling Course March 2010 LMB
The Balancing Continues.
Online Counselling Course March 2010 LMB