Our View: Home Office right to block police access to rape victims' counselling notes

'The counselling place should always remain private and safe', our director Della Kagure Brown said. (Pic by Natalie Wallinger)

The New Futures Project welcomes the government's decision to limit police access to rape and sexual assault victims' counselling notes.

New rules for police investigations will stop detectives asking for routine access to victims' conversations with trauma specialists - unless the requests are justified by "exceptional circumstances".

Currently, the Home Office said, forces seek such access in around one third of all rape cases.

In a statement issued last week, the Home Office said: "Historically, police investigating crimes routinely asked for the counselling notes of victims as part of their investigations, leading to many feeling their privacy was being further violated after a traumatic experience and putting many off continuing with their case.

"In the worst-case examples, these notes were used to decide on whether to proceed with a prosecution, particularly where victims had disclosed issues with their mental health to therapists.

"As a result, victims had often been advised to avoid seeking counselling while police investigations were ongoing, despite many rape cases not reaching trial for two years or more."

Under the new rules, police requests for counselling notes must be "necessary, proportionate, and relevant" and authorised by a more senior officer than was previously the case.

The Home Office statement added: "With around half of rape victims withdrawing support for police investigations last year, it is hoped by improving victims’ experience, this will encourage more to come forward to help bring more vile predators to justice."

Della Kagure Brown, director of the New Futures Project, said: "It’s hard to justify anyone else ever having access to private counselling notes.

"My personal belief is that the counselling place should always remain private and safe.

"Reducing violence against women and girls is one of the most significant challenges we face as a society.

“We are also aware of the ongoing denial of justice to so many victims of rape and sexual assault.

“We are watching the Government’s efforts on both fronts and hope they lead to positive changes."

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Jess Phillips, Minister for Safeguarding and Violence Against Women and Girls (Pic from Home Office)

Jess Phillips, Minister for Safeguarding and Violence Against Women and Girls, said: "Rape and sexual assault devastate victims’ lives, but the sad truth is police investigations often only prolong that trauma.

"By stopping police routinely accessing counselling notes, we hope that more victims will have the confidence to come forward and help us bring more predators to justice.

"This is about more than just words. We are deploying the full power of the state to make this country safe for women and girls."

Siobhan Blake, National Crown Prosecution Service Lead for Rape and Serious Sexual Offences, said: "No victim of rape should have to suffer further trauma when receiving justice.

"Alongside policing partners, our prosecutors are determined to make sure each victim experiences a justice process which is supportive, sympathetic, and victim-centred.

"We welcome the announcement from the Home Office that a higher threshold for requesting victims’ personal counselling notes will be imposed, protecting victims and encouraging policing and legal professionals to scrutinise a suspect’s actions over everything else."

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New Futures Project director Della Kagure Brown (Pic by Natalie Wallinger)

Andrea Simon, director of the End Violence Against Women Coalition, (EVAW), said: "We’re delighted that from today, police officers will no longer be able to routinely access rape survivors’ private counselling notes,  following our campaign to keep counselling confidential.

"Counselling is a space to explore feelings, and access to it is critically important in healing from trauma.

"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.

"The new guidance follows the publication of the violence against women and girls strategy which was published last month.

"It aims to prevent violence against women and girls before it takes place. It will also support more victims through a raft of hard-hitting measures, including putting dedicated units in every police force to more effectively tackle rape and sexual assault and provide better care for victims.

"Violence against women and girls is a national emergency with 1 in 8 women a victim of domestic abuse, sexual assault or stalking last year..

"Two hundred rapes are recorded by the police every day, with many more unreported."

The changes announced last week are expected to improve victim experience by:

• providing greater privacy and dignity – victims’ counselling records will only be requested in rare circumstances, reducing unnecessary intrusion into their personal lives

• faster, more focused investigations – by limiting unnecessary requests, the changes aim to reduce delays and keep investigations on track

• restoring confidence in the justice system – victims can be reassured that their rights and wellbeing are central to the investigative process; the aim is for fewer victims dropping out of the process, eventually increasing prosecutions

The New Futures Project offers a comprehensive welfare and counselling service for women and young people dealing with sexual abuse or exploitation, domestic violence, trafficking, poverty and debt, substance use or mental ill-health.

Call us on 0116 251 0803 or send us a message at: info@new-futures.org.uk

You can find us at 71 London Road, Leicester, LE2 0PE.