Victim information requests code starts 12 Jan 2026

From 12 January 2026, a new Home Office code will guide how police and other authorised investigators ask for information about victims. The Victim Information Requests: Code of Practice has been published with that start date confirmed, so you can plan now for what changes in the new year. Most requests will concern cases in England and Wales. Where service police are involved, the rules apply across the UK. That means the Royal Navy Police, Royal Military Police and RAF Police follow the same approach wherever the case arises.

A “victim information request” is a formal ask from an authorised person-usually the police-to a third party for material about someone who is, or may be, a victim. Third‑party material can include GP notes, local authority records, school files or counselling notes. You’ll hear this shortened to “TPM” in case discussions.

There are three legal tests an investigator must meet before making a request. They must have reason to believe the third party actually holds the information; the information must be relevant to a reasonable line of enquiry; and the request must be necessary and proportionate for preventing, detecting, investigating or prosecuting crime. If the material is counselling information, there is an extra hurdle: the investigator must believe it is likely to have substantial probative value to that reasonable line of enquiry, and the code starts from a presumption that such a request is not necessary and proportionate unless that presumption is rebutted.

You should usually be told in writing when a request is made for information about you. The notice should set out what is being sought, why it is needed, and how it will be handled. There are narrow exceptions-for example, where telling you is not reasonably practicable, would undermine the investigation, or risks serious harm to you or someone else.

Why now? Ministers say requests for deeply personal records have sometimes gone too far and slowed investigations, especially in rape and serious sexual offence cases. A written ministerial statement on 1 December 2025 set out the intention to tighten practice and bring the code into force on 12 January 2026, building on duties created by the Victims and Prisoners Act 2024.

Here’s the timeline we’ll work to in education and support settings. The Home Office published the code on 1 December 2025. The code takes effect on 12 January 2026. Until then, organisations should review their processes and train the teams likely to receive or respond to requests.

If you’re a teacher, counsellor or safeguarding lead, treat any request as a legal process, not an informal favour. Ask for the request in writing and check it addresses the three tests above. Keep a clear record of what is asked for, what you provide and why. Involve your data protection lead early, share only what is necessary, and query overly broad wording. It is reasonable to ask investigators to narrow the scope or explain why alternatives will not work.

If you’re a student or a victim, you can ask to see the written notice and to have a trusted advocate-such as an ISVA or a student support officer-help you understand it. Counselling notes have extra protection by law and should only be sought if they are likely to add significant evidential value and there is a strong justification, set out in writing. There will be rare cases where you may not be told at the time because it could harm the investigation or your safety; that is allowed only within strict limits.

Let’s make this concrete. A detective asks a university wellbeing service for a survivor’s counselling notes after a campus assault. Under the code, they must show the notes are likely to have substantial probative value, set out why less intrusive options won’t do, and explain how any information will be handled. The service can escalate the request to its data protection officer and provide only what is necessary, not whole files.

Another example: a school is asked for attendance records and safeguarding logs relevant to an alleged offence on a bus route. The school can expect a written request specifying the exact time period and purpose. It should provide targeted entries that meet the request, keep an audit trail, and avoid disclosing unrelated material about the pupil or others.

Service police cases work the same way. If an RAF Police investigator seeks records from a college near a base, the UK‑wide application to service police means the college can apply the same tests and documentation as it would for a local force in England or Wales. That consistency is intentional and should reduce confusion for staff and students.

One final practical note. Government expects police and prosecutors to train staff on the code; an economic note puts familiarisation costs in the low millions across the system. That tells us you should expect updated forms, clearer justifications and tighter sign‑off processes once the code starts in January.

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