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Survivors of rape and sexual assault will no longer have to give police access to their counselling notes except in special circumstances, under a new code of practice that came into force on Monday.
The Home Office said previously many victims had felt their privacy was “further violated” when police investigating crimes asked for notes from therapy sessions.
The new code of practice means that professionals, including the police, can only request private material when absolutely necessary and proportionate.
Campaigners welcomed the decision, adding that mandatory disclosure of personal details “forced [survivors] to choose between pursuing justice or healing from trauma”.
Up to 30% of rape cases previously involved requests to access counselling notes, according to the Home Office.
In some cases, the notes were used to decide whether to proceed with a prosecution, leading to victims being advised to avoid seeking counselling while police investigations were ongoing – despite many rape cases taking at least two years to reach trial.
Under the guidance set out in a new Victim Information Request Code of Practice, police requests for counselling notes must meet strict criteria of being necessary, proportionate, and relevant.
For example, when an officer believes it could be “substantially” valuable to a case. These types of requests must now be cleared chief inspector level before going ahead.
In 2024, Labour MP Anna McMorrin told Parliament that a constituent “had all her counselling records used against her in a harrowing trial that she said was worse than the crime itself”.
Charities and campaigners welcomed the changes, which came into force two years after receiving backing from the previous government in April 2024.
“For too long, when a victim of rape reported the offence to the police, they were often put in the impossible position of being forced to choose between pursuing justice or healing from trauma,” End Violence Against Women said in a statement.
Andrea Simon, director of the End Violence Against Women Coalition, said she was “delighted” with the changes and urged thorough implementation of the new guidance.
“We now need to see strong implementation of the new guidance so that it is followed by police forces across the country, as well as an information campaign to inform survivors and therapists of their new rights.”
Safeguarding minister Jess Phillips that she hopes stopping police routinely access to counselling notes will give victims the “confidence to come forward and help us bring more predators to justice”.
The department said that more than half of rape cases were called off in the year ending June 2025, because of the victim withdrawing support for a police investigation.
Phillips added the government would use “the full power of the state to make this country safe for women and girls”.
The Labour government has pledged to halve the rate of violence against women and girls over the next decade. In December, the Home Secretary unveiled their long-delayed strategy.
