General Guidance for the Therapist

Advice can be sought from: Your supervisor; and the legal department of your indemnity insurance.  You are under no obligation to provide counselling notes to legal parties unless you are subpoenaed to do so by a court or under police warrant.  Most therapists will submit notes if the client wishes it, has seen what is to be included and given their written permission. Ensure that you and your client are aware of who will see the notes. Notes become a public document and can be used by the defence or the prosecution, and will be seen by legal support staff. Counsellors usually opt for a summary rather than full notes, and need to ensure that no third parties are mentioned without their permission.