New UK rules on police access to counselling info

If you’ve ever worried about the police asking for your therapy or counselling notes, here’s the plain-English version of what changes and when. From 12 January 2026, new UK rules set out when police and other authorised bodies can ask for a victim’s counselling information. The framework sits in Chapter 3A of the Police, Crime, Sentencing and Courts Act 2022 (as amended by the Victims and Prisoners Act 2024) and is backed by a statutory Code of Practice the Home Office published on 1 December 2025.

First, what counts as counselling? The regulations define counselling services broadly. If a service-paid or unpaid-offers psychological, therapeutic or emotional support aimed at improving someone’s emotional, psychological or mental health, it falls within scope. That wide definition matters because it decides when the stricter legal test applies. The Home Office confirmed this approach in ministerial statements to Parliament.

Now the key legal test. If officers want counselling information, they may only request it where they have reason to believe the material is likely to have substantial probative value to a reasonable line of enquiry. In simple terms: will these particular notes genuinely help prove or disprove something important the investigation is already pursuing? On top of that, the Code requires decision-makers to start from a presumption that such requests are not necessary and proportionate-and to record how, if at all, that presumption is overcome.

Who is covered and where? These duties apply in England and Wales. They also apply UK-wide when the request is made by service police-specifically the Royal Navy Police, Royal Military Police or Royal Air Force Police, and certain investigators working with them. That ensures the same higher safeguards for counselling information operate for service personnel and their families across the UK.

What must a request look like? Two things should happen in writing. First, you should receive notice describing what is being sought, why it is being sought, and how it will be handled once obtained. Second, the request sent to the organisation holding the material must also set out those details. If you don’t see this information, you can ask for it.

You can ask focused questions before deciding what to do. It is reasonable to ask the officer to explain the specific line of enquiry, why your counselling notes are likely to be significantly probative, and whether there are other ways to get the same facts. The law says officers must consider if there are other means to obtain the information, or explain why using those means is not reasonably practicable.

Let’s make this practical. If you speak to a school or university counsellor, a voluntary helpline, a local charity worker, or a private therapist, those services are all covered by the definition. Because the definition is broad, the higher legal test applies across these settings-paid or unpaid. That is designed to protect your privacy and dignity while investigations continue.

Two learning examples help. Example one: an officer is pursuing a named incident and asks for notes from two sessions around that date, explaining how the notes could confirm or contradict a key timeline. That is targeted and may meet the test. Example two: an officer asks for a year of therapy notes “just in case”. That is speculative and unlikely to satisfy the requirement for substantial probative value. These are illustrations to help you assess requests, not legal advice.

Why now, and what changed after consultation? The Home Office consulted between 8 April and 1 July 2025 on the draft Code and the counselling services definition, and made changes following feedback from watchdogs and specialists. Ministers then confirmed the definition would be broad so more sensitive counselling information benefits from the stronger safeguards.

If you’re a counsellor, teacher, support worker or records lead, the Code of Practice is your playbook. It sets out the steps authorised persons must take, the presumption against necessity and proportionality for counselling information, and the need to document decisions. Keep requests narrow, record your decision-making, and share only what is specifically asked for and justified.

Key dates to remember: the Code comes into force on 12 January 2026. From then, counselling information requests must meet the higher legal threshold and follow the Code’s procedures. The Home Office has said these safeguards are part of a wider effort to protect victims’ privacy while enabling fair investigations.

If you’re unsure what to do, pause and ask for clarity. You can request the notice and the written request, ask officers to explain the line of enquiry and why your counselling information is essential, and seek independent advice. These duties sit alongside wider obligations to victims set out in the Victims and Prisoners Act 2024 and the forthcoming Code-use them to ask informed questions and make informed choices.