Police access to rape victims' counselling notes restricted

Starting this week, survivors of rape and sexual assault will no longer be routinely required to share their counselling notes with police, except under exceptional circumstances, according to a newly implemented code of practice. The Home Office highlighted that many victims previously experienced a further invasion of their privacy when law enforcement requested access to therapy session records during investigations.

The updated guidelines limit when professionals, including police officers, can seek such sensitive information, enforcing that requests must be strictly necessary and proportionate to the case at hand. This shift aims to protect survivors’ personal details from being disclosed unnecessarily. Advocates for survivors praised the change, pointing out that previously, mandatory disclosure often forced victims to choose between seeking justice and prioritizing their recovery from trauma.

Previously, as much as 30% of rape investigations involved demands for access to counselling notes, the Home Office reported. In some instances, authorities used these notes to determine whether to move forward with prosecution. This practice had led to advice being given to survivors to avoid counselling during investigations, despite the lengthy time—often two years or more—it takes for such cases to reach trial. Under the new Victim Information Request Code of Practice, requests for such private documents must satisfy rigorous standards, including being necessary, proportionate, and relevant. Requests deemed potentially critical to a case must now be approved at the level of a chief inspector before proceeding.

Labour MP Anna McMorrin shared a poignant account in 2024, describing how a constituent’s counselling records were used against her in a traumatic trial experience, which the survivor said was even more distressing than the original assault. Charities and campaign groups have expressed strong support for the reforms, which were endorsed by the previous government in April 2024 before coming into effect this year. Andrea Simon, director of the End Violence Against Women Coalition, emphasized the importance of rigorous enforcement of the new guidance and called for an informational campaign to ensure survivors and therapists understand their updated rights.

Safeguarding minister Jess Phillips expressed hope that limiting police access to counselling notes will encourage more victims to come forward, thereby aiding efforts to prosecute offenders. The government revealed that over half of rape investigations ended in the year leading to June 2025 because victims withdrew their support for the inquiry. Phillips reaffirmed the government’s commitment to using “the full power of the state to make this country safe for women and girls.” Additionally, the current administration has pledged to halve violence against women and girls within the next ten years, with the Home Secretary unveiling a comprehensive strategy addressing these issues in December

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