I’ve been struck by how much confusion seems to exist around the practice of counselling and the law, with respect to what can and what cannot be shared; so I’m going to set the record straight for one and for all!!
During my time in counselling practice I have worked with a wide range of clients who have approached counselling for a variety of reasons. Some of these clients have been victims of crime in the midst of an ensuing court case; and invariably, this is the reason they have sought counselling.
Herein lies the problem.
Under British Law any counsellor worth their weight in gold would refuse to discuss the offence that occurred until the case has been heard in open court; that is – until the case has been heard in front of a judge, a verdict reached and sentenced passed upon the accused. And there is one vital reason for this - the client’s police statement and presentation in court (if they are required to present) could be undermined if they have spent time in therapy analysing what happened. This may weaken the victims case and could potentially undermine the client’s case altogether. Additionally, a counsellor or psychotherapist may be seen to be ‘putting words into the victim’s mouth’ about what occurred, which could also undermine their case.
“But the client has approached the counsellor to talk about what happened to them” I hear you cry. I know, it’s a really tough cookie; but ultimately, I don’t know of any counsellor who would like their client’s case to be thrown out of court due to their own therapeutic intervention. So, counsellors just don’t go there. I can talk to the client about how they are affected by this now, together we can discuss what feelings remain, explore and find ways to help move forward and live a better life; but we can’t talk about the one thing that has bought them to counselling in the first place.
Once the case has been heard in open court, a verdict reached and sentenced passed; then it’s a different ball game altogether; and the people involved, the events leading up and the criminal act itself can be discussed and explored in-depth. Until then counselling is there as a supportive tool rather than a wholly therapeutic one.