Embedded Files
Providing Therapy in the context of active and potential Police and Criminal investigations
Although not all Police/Criminal investigations will proceed to a trial it is important to follow guidelines as though the case is going to trial to ensure correct procedures and protocols are adhered to from the beginning. This is in order to minimise any impact on the Client, any trial or criminal case, the individual Therapist and Mindler as a company.
How would we find out if the Client is involved in a Police/Criminal investigation?
In the first session Therapists will routinely ask if there are “Other services involved in their care e.g. Other services involved in their care e.g. GP, NHS Mental Health Services, Police, Court or Social Services?” Also, for most Clients it is likely to be an issue of such significance in their life that they will commonly disclose this in the course of assessment or ongoing therapeutic work.
What to do if you become aware that your Client is involved in an active Police/Criminal investigation or is likely to become involved in a Police/Criminal investigation
As soon as it becomes apparent that this is the case, please inform the Care Coordination Team via Slack at the earliest opportunity so that the case can be discussed by the Clinical Governance Team as soon as possible.
Use one of the following Slack channels:
team_uk_nhs_ops
#team-uk-therapists
What to say to the Client:
The Client should be informed that while Mindler is here to support them Therapy will need to focus on the Client’s current responses, coping and symptom management, rather than on the Police/Criminal investigation or the events surrounding it so as not to affect the investigation.
The Client should be informed of the potential for access to records of therapy by prosecution and defence solicitors.
If a court case is planned or there is a possibility of a court case the Client should be informed that the Crown Prosecution Service (CPS) will need to be informed of any pre-trial therapy which is taking place.
Concerns and Therapist Support:
If the Therapist has any concerns at all or the situation is unclear the therapy should be paused until the case has been discussed with the Clinical Governance Team and appropriate interim support put in place for the Patient/Client.
The Clinical Governance Team will provide Therapists with advice and guidance in such cases.
Mindler would never expect a Therapist to take on a case they feel uncomfortable with or if they do not have the appropriate experience.
Please see below for further information from the BACP
BACP Guidance
BACP Guidance
The following is an extract from the BACP Guidance on pre-trial Therapy.
Please see below for a link to the full article.
Practice guidance:
Practice guidance:
In fact, the legitimate concerns of the legal system about the potential impact of (Pre-Trial Therapy) PTT on the trial process seem somewhat misplaced. Practice guidance issued by the (Crown Prosecution Service) CPS makes it clear that both child and vulnerable witnesses can receive PTT before and during a criminal trial of their alleged abusers. However, there are recommendations for good practice:
the CPS should be informed of any PTT taking place
PTT should begin after the client has given their statement of evidence to the police
detailed factual records of therapy should be kept and made available to the CPS as required
PTT should focus on the client’s current responses and coping, rather than on the original abuse
certain types of therapy are preferred as supporting this kind of ‘current’ focus
the CPS needs to focus on the welfare of the client, rather than simply on the pending court case.
Practice issues in providing pre-trial therapy
Working with clients receiving PTT can raise complex legal, ethical and therapeutic dilemmas for practitioners, such as:
informing the client of the potential for access to records of therapy by prosecution and defence solicitors
keeping the client’s best interests in mind throughout the therapy and throughout any ensuing court proceedings
balancing client autonomy and wellbeing, therapy and justice
separating out the roles of advocate and therapist – for example, by the use of (Independent sexual assault advisor) ISVAs and therapists working in distinct, but complementary roles
working to CPS PTT guidance and avoiding forms of therapy likely to compromise evidence in the criminal trial.
Key Reference Sources:
https://www.cps.gov.uk/legal-guidance/pre-trial-therapy
https://www.bacp.co.uk/bacp-journals/therapy-today/2013/may-2013/pre-trial-therapy/
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