Police access to rape victims’ counselling notes restricted
Under the new code, which came into force on Monday, survivors of rape and sexual assault will no longer be required to give police access to their counseling notes except in special circumstances.
The Home Office has previously said many victims felt their privacy was “further violated” when police investigating crimes asked for notes from therapy sessions.
New codes of practice mean professionals, including the police, can only request specific material where it is absolutely necessary and proportionate.
Campaigners welcomed the decision and added that mandatory disclosure of personal information was “imperative”. [survivors] choosing between pursuing justice or healing trauma”.
According to the Home Office, up to 30 per cent of rape cases previously involved requests for access to counseling notes.
In some cases, the notes were used to decide whether to prosecute; This has led to victims being advised to refrain from seeking counseling while police investigations are ongoing – although many rape cases take a very long time. at least two years to reach trial.
Under guidance set out in the new Victim Information Request Code of Practice, police requests for advisory notes must meet strict criteria such as being necessary, proportionate and relevant.
For example, when an officer believes it could be “essentially” valuable to a case. Such requests now must be approved at the inspector general level before proceeding.
In 2024, Labor MP Anna McMorrin told Parliament that all counseling records were used against him in a heartbreaking hearing in which a constituent said the crime was worse than him.
Charities and campaigners have welcomed the changes, which come into effect in April 2024, two years after receiving support from the previous government.
“For too long, when a rape victim reported the crime to the police, they were often left in the impossible position of having to choose between seeking justice or healing the trauma,” End Violence Against Women said in a statement. he said.
Andrea Simon, director of the Coalition to End Violence Against Women, said she was “delighted” by the changes and called for the new guidance to be implemented comprehensively.
“We now need to see strong enforcement of the new guidance to be followed by police forces across the country, and an information campaign to inform survivors and therapists of their new rights.”
Conservation Minister Jess Phillips said she hoped blocking routine police access to advisory notes would give victims “the confidence to come forward and help us bring more predators to justice”.
The ministry said more than half of rape cases were canceled in the year ending June 2025 because the victim withdrew support for the police investigation.
Phillips added that the government “will use the full power of the state to make this country safe for women and girls.”
The Labor government has pledged to halve the rate of violence against women and girls over the next decade. Minister of Internal Affairs in December announced its long-delayed strategies.
