New rules on police requests for rape victims’ counselling notes come into force

Under the new measures, police and other agencies will be able to request crime victims’ private counselling notes only in special circumstances.

The move is designed to improve the experience of victims, encourage more to come forward and eventually result in higher prosecutions.

Historically, police officers investigating crimes routinely asked for the counselling notes of victims as part of their investigations, leading to many feeling their privacy was being further violated after a traumatic experience and putting many off continuing with their case.

In the worst-case examples, these notes were used to decide on whether to proceed with a prosecution, particularly where victims had disclosed issues with their mental health to therapists.

As a result, victims had often been advised to avoid seeking counselling while police investigations were ongoing, despite many rape cases not reaching trial for two years or more, prolonging their suffering, the Home Office said.

“And, with a recent case review finding that almost 30 per cent of rape cases included requests for counselling records, this is a significant step to ensure victims receive the privacy they deserve,” it added.

The new guidance follows publication of the Violence against Women and Girls Strategy last month, which aims to prevent violence against women and girls (VAWG) before it takes place.

This includes putting dedicated units in every police force to more effectively tackle rape and sexual assault and provide better care for victims.

VAWG has been described as a national emergency with one in eight women a victim of domestic abuse, sexual assault or stalking last year. Two hundred rapes are recorded by the police every day, with many more unreported.

The changes are expected to improve victim experience by:

• Providing greater privacy and dignity – Victims’ counselling records will only be requested in rare circumstances, reducing unnecessary intrusion into their personal lives;
• Faster, more focused investigations – By limiting unnecessary requests, the changes aim to reduce delays and keep investigations on track; ad
• Restoring confidence in the justice system – Victims can be reassured that their rights and wellbeing are central to the investigative process. The aim is for fewer victims dropping out of the process, eventually increasing prosecutions.

Under the new rules, police requests for counselling notes must be necessary, proportionate, and relevant – as set out in a new Victim Information Request Code of Practice. Requests for counselling information must also be cleared at the chief inspector level – significantly raising the bar for these types of requests.

And, with around half of rape victims withdrawing support for police investigations last year, the Home Office hopes that by improving victims’ experience, this will encourage more to come forward to help bring more predators to justice.

Minister for Safeguarding and VAWG Jess Phillips said: “Rape and sexual assault devastate victims’ lives, but the sad truth is police investigations often only prolong that trauma.

“But by stopping police routinely accessing counselling notes, we hope that more victims will have the confidence to come forward and help us bring more predators to justice.

“This is about more than just words. We are deploying the full power of the state to make this country safe for women and girls.”

Siobhan Blake, national Crown Prosecution Service lead for rape and serious sexual offences, added: “No victim of rape should have to suffer further trauma when receiving justice. Alongside policing partners, our prosecutors are determined to make sure each victim experiences a justice process which is supportive, sympathetic, and victim-centred.

“Today, we welcome the announcement from the Home Office that a higher threshold for requesting victims’ personal counselling notes will be imposed, protecting victims and encouraging policing and legal professionals to scrutinise a suspect’s actions over everything else.”

Andrea Simon, director of the End Violence Against Women Coalition (EVAW) said:

“We’re delighted that from today, police officers will no longer be able to routinely access rape survivors’ private counselling notes,  following our campaign to keep counselling confidential. Counselling is a space to explore feelings, and access to it is critically important in healing from trauma.

We now need to see strong implementation of the new guidance so that it is followed by police forces across the country, as well as an information campaign to inform survivors and therapists of their new rights.”