Ministers call for urgent regulation of psychotherapists and counselors to protect vulnerable people as lawyers report an increase in lawsuits by patients alleging they were harmed during therapy. facing.
Unlike most other medical professions, including doctors, midwives and osteopaths, ‘psychotherapist’ and ‘counselor’ are not protected titles or legally regulated professions in the UK.
Experts told the Guardian that few people realize that anyone can call themselves a therapist without a qualification, and that they can continue to practice as a therapist even after committing misconduct.
The number of people seeking help for mental illness has increased in recent years, and services are being provided in the UK. reception In 2023, 5 million referrals were recorded, an increase of 33% from 2019.
While the majority of people find professional help helpful and even life-saving, lawyers report a significant increase in the number of calls related to suspected medical malpractice and abuse. Masu.
Although clinical psychologists are legally regulated, psychotherapists and counselors can apply for certification voluntarily with one of several agencies. These include the British Association for Counseling and Psychotherapy (BACP); BACP requires minimum training through accredited courses and operates a non-legally binding complaints process.
Leigh Day lawyer Catriona Rubens has been “inundated” with inquiries since representing Ella Janet, who successfully sued her therapist for sexual assault in the first High Court of its kind in June. , said the number of approaches from people has quadrupled. A person who claims to have been sexually, psychologically, or emotionally abused.
“I think this is probably the tip of the iceberg,” she says. “One of the very difficult aspects of abuse of this nature is that it occurs in such a position of trust when someone is already in a vulnerable position.
“If you’re seeking treatment services, you’re probably talking about disclosing intimate personal information. If someone abuses that trust, it’s difficult to challenge that and take further action. They tell me how embarrassed and humiliated they feel and how controlled they feel by their therapist.”
She added that the law did not prevent therapists from continuing to practice even after a successful lawsuit, so for most clients the priority was to prevent others from suffering the same harm.
Janet was awarded £217,000 in damages at the High Court in her civil case for rape against TV sex therapist Michael Lozada. She waived her right to anonymity so potential victims would know to avoid him.
Mr. Janne and Mr. Rubens are currently campaigning for the introduction of statutory regulations, and are holding an event with parliamentarians and experts in December with the aim of submitting a draft of the new legislation to parliament. I’m planning it.
“Ella and I feel strongly that the state is failing to protect therapy patients and clients. Many believe that psychotherapists, counselors and therapists must be registered and regulated by professional standards bodies. I think so, but that’s not the case,” Rubens said.
BACP reports a 24% increase in complaints against licensed therapists since 2020, but not all of them result in sanctions. most complaints It’s about competency, breaking through professional boundaries and offering medical diagnoses like autism and narcissism.
BACP has long supported legal regulation of the profession, but Lisa Morrison-Coulthard, BACP’s head of professional standards, said in the meantime BACP accreditation has brought a degree of “confidence and reassurance” to the public. said.
BACP is also working with NHS England and the Office for Professional Standards on a framework for the registration and accreditation of professional psychology for NHS practice, which aims to provide greater clarity to the public.
Switalskis attorney David Greenwood, who specializes in therapeutic abuse, said his office has seen more than double the number of cases since the pandemic. Irwin Mitchell lawyer Emma Crowther said therapy abuse was a new area for her firm and people were now “more willing to come forward”.
The legal regulation of psychotherapy has been discussed on and off since the 1970s, and was included in a white paper published in 2007 by the previous Labor government.
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Rachel Maskell, Labor MP and co-chair of the All Party Parliamentary Group on Mental Health, said she and other MPs would consider lobbying the government to review the legal regulation of psychotherapy and counseling.
“This is an unfinished business that goes back a long way, so the government should be committed to finding a solution,” she said. “Regulation is very important, especially when dealing with mental health professionals, including the protection of their rights. There are many people who are called therapists and counselors who work without self-regulation or capacity. , the best way to protect public safety is to put regulations in place.”
Psychiatrist and former health minister Dan Poulter said therapists were out of step with “all other health professionals” and looked more like a contractual arrangement than a patient-clinician relationship. said.
The fact that psychotherapists work with people who have complex trauma histories, who may be suffering from post-traumatic stress disorder, or who are trying to remain abstinent after alcohol or drug abuse “It’s a strong argument that they should be formally regulated,” he said.
“There is no doubt that the vast majority of practitioners perform to a very high standard and have an invaluable skill set. However, it is also true that some practitioners are dishonest. , it’s very difficult for ordinary people to necessarily be able to do something like that.” … You can easily distinguish between those who are well-qualified and those who are not,” he said.
Professional regulation expert Jonathan Coe, who was involved in reviewing the regulatory framework under the last Labor government, said the issue had been ignored because it was “not a priority” for the Coalition government.
While many psychotherapists wanted regulation, others opposed regulation because they wanted “freedom in dynamic relationships,” he said. But he added that the British Psychological Society saw legal restrictions on some psychologists’ titles as “a sign of confidence in their profession”.
Mr Koh pointed to a recent example of a therapist who, after being struck off the professional register, launched a new website without mentioning any allegations of misconduct. “There’s no law that prevents him from doing that,” he said. “How will that protect the people?”
A government spokesperson said: “Everyone seeking treatment has the right to have confidence and trust in their health care professional. That’s why we provide access to qualified practitioners accredited by the Agency for Health and Social Care Professional Standards. I recommend using it.” [PSA]. To meet the standards for PSA accreditation, organizations must focus on public protection and robust processes for handling complaints against practitioners. ”
