Legal Issues in Counselling & Psychotherapy

Front Cover
Peter Jenkins
SAGE, Oct 31, 2002 - Psychology - 208 pages
`This is an excellent book. It builds well on Peter Jenkins′ admirable earlier contribution to our knowledge of the many legal matters that are of vital concern to counsellors (Counselling, Psychotherapy and the Law, SAGE 1997) It is mY intention, as a counsellor and lecturer to make Peter Jenkins′ new book required reading for all our students. Indeed I would go as far to say that all counsellors, not matter how experienced they consider themselves, should consider this book as essential reading. As the advert says, "don′t leave home without one!" - Norman Claringbull, Counselling at Work

`This is good value for trainees and experienced practitioners alike, provoking reflection and providing a useful reference source′ - Sally Scott, Healthcare Counselling and Psychotherapy Journal

Counsellors and psychotherapists are increasingly seeing the impact of legal issues on their practice and yet many feel under-prepared for the challenges they have to face. Legal Issues in Counselling & Psychotherapy is a much-needed source of advice and reference which examines the rapidly growing range of situations in which therapists find themselves in contact with the law - in their everyday practice, in specialist work, or when facing a legal case against them.

The first part covers the current legal context of therapeutic work including confidentiality, contracts, data protection and court reports. Chapters include: defining work by leading writers from the therapeutic and legal worlds, as well as an illuminating account by a client who brought a successful case against her therapist.

Some areas of therapeutic work are particularly circumscribed by legal issues and the second part examines the specific implications for therapists in relation to:

- working with survivors of sexual abuse

-working in legal settings

-false memory

-the Human Rights Act.

Looking to the future, the book also examines the implications of professional regulation for all counsellors and psychotherapists.

The need for counsellors and psychotherapists to be well informed about the law is rapidly growing. Legal Issues in Counselling & Psychotherapy therefore provides access to essential information which will be of great value to trainees, practitioners and supervisors.

 

Contents

Introduction
1
Part One THE LEGAL CONTEXT OF THERAPEUTIC PRACTICE
13
A Case Study
15
2 Psychoanalyst Subpoenaed
21
3 Legal Pitfalls in Counselling and Psychotherapy Practice and How to Avoid Them
24
4 Taking Legal Action Against a Therapist for Professional Negligence
34
Therapists and the Data Protection Act 1998
45
A Guide for Counsellors and Psychotherapists
57
8 Legal Issues in Therapeutic Work with Adult Survivors of Sexual Abuse
88
Provision for Jury Members Vulnerable Witnesses and Victims of Crime
105
10 The Law of Confidentiality A Solution or Part of the Problem?
123
11 False Memories or Recovered Memories? Legal and Ethical Implications for Therapists
144
12 The Implications of the Human Rights Act 1998 for Counsellors and Psychotherapists
165
Appendix
173
Legal References
188
Index
190

Part Two LEGAL CHALLENGES FOR THERAPY
73
Lessons from Complementary Medicine
75

Other editions - View all

Common terms and phrases

About the author (2002)

Peter Jenkins is a counsellor, trainer, supervisor and researcher. He has worked as a student and staff counsellor in college and university settings for the past thirty years. During this time, he has developed a particular interest in exploring ethical, professional and legal issues in counselling practice. He has run over two hundred workshops on these topics, aimed at addressing the current concerns of practitioners. He has been a member of both the BACP Professional Conduct Committee and the UKCP Ethics Committee and has published around one hundred articles on law and ethics in the professional counselling press. His publications include Therapy with Children, as co-author with Dr Debbie Daniels (Second edition, Sage, 2010), Counselling, Psychotherapy and the Law (Second edition, Sage 2007), online modules for Counselling Mind-Ed and other training material, such as Counselling Confidentiality and the Law (2013, Counselling DVDs). Peter has produced a wide range of free resources, which can be downloaded to supplement the material outlined in his recent book, Professional Practice in Counselling and Psychotherapy: Ethics and the Law. These resources include a video presentation on key issues in recording therapeutic work with clients and online self-study programmes on legal issues in working with children and young people for MindEd. While his book closely follows the BACP Ethical Framework in terms of discussing the competencies required of counsellors and psychotherapists, he has also developed a critical analysis of the Ethical Framework, and of some of the legal resources designed to underpin it. In addition, the key area of data protection is undergoing change, with the implementation of the General Data Protection Regulation in May 2018. The impact of the GDPR is explored in a further piece, looking at its background and some of the main implications for counsellors. Video of PPS presentation on ′Records as Evidence′MindEd Counselling: Legal and Professional Issues, i.e. self-study online programmes on working with young people, in relation to record keeping, safeguarding, ethics and the lawArticle: ′What is wrong with the Ethical Framework?′Article: ′Chestnuts roasting on an open fire? Supervisor liability revisited′Article on the new General Data Protection Regulation: ′An upgrade for data privacy?′Webinars (access is free for counselling students via https://www.onlinevents.co.uk/library):Working with Children and Young People: An Ethical and Legal Minefield?Making Sense of the New Ethical FrameworkSupervisors – A New Duty of Care?Brief video clips discussing:The Gillick principle in working with children and young peopleLimits to confidentiality in reporting a serious crime committed by your client Aspects of professional negligence, in the watershed legal case of Werner versus Landau (1961) Peter can be contacted at peter.jenkins@alumni.manchester.ac.uk

Bibliographic information