This document discusses some of the legal issues that online counselors should consider regarding record keeping and confidentiality. It notes that while there have been no court cases yet in the UK involving online counselors, areas of concern could include personal emails between clients and counselors. Counselors are advised to ask themselves questions about why and how they keep client records, and their obligations under the Data Protection Act. The document provides recommendations around deleting emails after notes are taken, gaining client consent, and only releasing records with legal advice. Overall it aims to raise awareness of the importance of record keeping policies and potential legal implications of online counseling work.

1. The Balancing Act
Online Counselling Course March 2010 LMB

2. Does working online produce different
problems?
By Lynda Bennett MBACP (Accred)

3. Introduction
There has not been a case of law yet (in the UK)
where an online counsellor has been a witness in
court.
This presentation is to highlight some of the possible
areas of concern.
Confidentiality has been looked at from the point of
Online Counselling and using the internet.
 But where do we stand with those very personal
emails that have been sent between client and
counsellor?
Online Counselling Course March 2010 LMB

4. Ask yourself the following
Questions.
Why do you keep client records?
What use are they to you?
Should you keep any at all?
What use could someone else make of the
information you have recorded?
Legally what is the minimum information you need
to keep?
Online Counselling Course March 2010 LMB

5. Where do you stand under the Data Protection Act
1998 when working as an Online Counsellor?
References ~
Bond & Mitchels 2008 Confidentiality & Record
Keeping in Counselling and Psychotherapy – Chapter 6
BACP Ethical framework 2010
BACP Information Sheet 2003 Making notes of
Counselling and Psychotherapy Sessions
Data Protection Act 1998
Online Counselling Course March 2010 LMB

6. The Online Contract ~ remember
that
Ownership of all emails is shared.
An agreement between client and counsellor is
recommended to decide what should happen to
emails once sent.
The recommendation is, emails are to be deleted
once brief notes are completed as all held records can
be requested.
If this is agreed at contract stage it is clear.
Online Counselling Course March 2010 LMB

7. Who can request your records?
Your client can request to see them at any time.
Only the Judge in a court case (UK) can legally
request your records.
Others may write very official letters to try and access
any counselling records.
 ALLWAYS take your own legal advice before
agreeing to release any records.
I was recommended never to hand over records.
Always keep your originals.
Online Counselling Course March 2010 LMB

8. Legal Advice who can I ask?
Online Counselling Course March 2010 LMB

9. Useful Websites
www.therapylaw.co.uk ~ for specialist
legal advice.
www.bacp.co.uk ~ Professional
support for members.
www.ico.gov.uk ~ Data Protection Act
1998 information site.
Online Counselling Course March 2010 LMB

10. Always get good legal advice
Make sure your insurance company knows that
you are doing online work as this could change
your policy.
They may offer advice.
Your agencies own legal team.
Most agencies/companies will have a solicitor
who may not know the answers but can find out.
BACP email bacp@bacp.co.uk phone 01455
883300
Online Counselling Course March 2010 LMB

11. Remember
Anything you write about a client can be used in
court.
Anything they write to you can be used in court.
All process notes can be used in court.
All drawings, poetry ect. can be used in court.
Voice Skype or instant messaging may or may not
be traceable.
Online Counselling Course March 2010 LMB

12. By making the email exchange situation clear at the
start of the contract could save you problems
later.
I don’t have all the answers and until there is a
court case involving an online counsellor and
their client in the UK I don’t think we will have.
What I hope I have done is at least to raise the
profile of the importance of what we keep in our
notes/records and the legal possibilities.
Online Counselling Course March 2010 LMB

13. Other sources of information
Mitchels, B. & Bond, T. (2010) Essential Law for
Counsellors and Psychotherapists. Sage Publications
Bond, T. & Mitchels, B. ( 2008) Confidentiality &
Record Keeping in Counselling & Psychotherapy.
Jenkins, P. (2007) 2nd
Edition Counselling,
Psychotherapy and the Law. Sage Publications
Jenkins, P. (et al 2004) Psychotherapy and the Law
Questions & Answers for Counsellors & Therapists.
London Whurr
Bond, T. & Sandhu, (2005) A. Therapists in Court
providing evidence & supporting witnesses. Sage
Online Counselling Course March 2010 LMB

14. The Balancing Continues.
Online Counselling Course March 2010 LMB