New guidance to stop routine access to rape victims’ counselling notes

Police in England and Wales can no longer routinely access the counselling notes of alleged rape victims following changed guidance amid concerns therapy records were being used “against” complainants during “harrowing” trials.

Under a new code of practice for professionals including the police, requests for material such as education and social services records and GP notes can only now be made where it is necessary, proportionate and sensitive to the privacy of victims.

Campaigners welcomed the change and urged “strong implementation” of the new guidance coupled with efforts to ensure survivors and therapists are made aware of the new, higher threshold and their rights as a result.

The change, which came into force on Monday, followed concerns medical and social services records were in some cases being used against victims in court.

A 2024 debate on the issue in Parliament heard Labour’s Anna McMorrin tell fellow MPs how one of her constituents “had all her counselling records used against her in a harrowing trial that she said was worse than the crime itself”.

Safeguarding minister Jess Phillips said the past approach had often prolonged survivors’ trauma and she hoped the change would mean “more victims will have the confidence to come forward and help us bring more predators to justice”.

The Home Office said a recent case review had found almost 30% of rape cases included requests for counselling records and that many victims had not wanted to continue pursuit of justice in the courts as they felt their privacy was being further violated.

The department said notes had been used in some cases to decide whether to go ahead with a prosecution, particularly in instances where victims had spoken in therapy about issues with their mental health.

Some victims had as a result been advised to avoid getting counselling while police investigations were ongoing, despite the length of time this might take, the department added.

The department said in the year ending June 2025, more than half (54.5%) of rape cases and a third (34.1%) of other sexual offence cases ended because of the victim withdrawing support for the police investigation before any charging decision was made.

The change means requests for counselling information must also be cleared at the chief inspector level in the relevant police force, which the Home Office said “significantly” raises the bar for such requests.

Ms 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, from the Crown Prosecution Service, said: “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.”

The End Violence Against Women Coalition welcomed the change, which followed its campaign to keep counselling confidential.

The coalition’s director Andrea Simon said: “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.”