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373 – Defensible Decision-Making
New Rules on Police Requests for Counselling Notes – Balancing Time and Training
In Episode 373 of the Counselling Tutor Podcast, your hosts Rory Lees-Oakes and Ken Kelly take us through this week’s three topics:
Firstly, in ‘Ethical, Sustainable Practice’, they explore defensible decision-making in relation to using technology and AI in counselling practice.
Then in ‘Practice Matters’, Rory speaks with Irene Hadjiioannou about new 2026 guidance on police requests for counselling notes and what this means for client confidentiality and therapeutic work.
And finally in ‘Student Services’, Rory, Ken, and Sarah Henry discuss balancing time and training — the realities, expectations, and challenges of being a counselling student.
Defensible Decision-Making in Technology and AI [starts at 03:03 mins]
In this section, Rory and Ken explore defensible decision-making, considering how counsellors can use technology and AI in practice while ensuring accountability and client protection.
Key points discussed include:
- Defensible decision-making means being able to clearly explain and justify why you chose a particular tool or approach.
- Decisions must move beyond instinct – they should be grounded in evidence, reflection, and professional reasoning.
- Common examples include referrals, breaking confidentiality, and now increasingly, choosing digital tools like email or video platforms.
- Key questions to ask include: why you chose the tool, what you considered, what checks you carried out, and what concerns you identified.
- Ethical decision-making must always link back to client welfare, confidentiality, fairness, and good practice.
- Documenting your decision-making process is essential in case you are ever required to justify your actions in a complaint or review.
New Rules on Police Requests for Counselling Notes [starts at 26:19 mins]
In this week’s ‘Practice Matters’, Rory speaks with Irene Hadjiioannou about new legal guidance introduced in January 2026 regarding police requests for therapy notes.
Key points from this conversation include:
- Confidentiality is a cornerstone of therapeutic work, especially for survivors of abuse, where trust and privacy are essential.
- Previous routine requests for therapy notes could feel intrusive and risk re-traumatising clients.
- New guidance states that counselling notes should not be requested as a matter of course and must be justified and proportionate.
- Requests now require authorisation from a senior police officer, adding an extra layer of protection.
- Therapists should write notes for clinical purposes only – not for legal proceedings – and follow data minimisation principles.
- Increased awareness and communication of these changes are needed to reassure clients and support access to therapy alongside legal processes.
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Balancing Time and Training [starts at 48:50 mins]
In this section, Rory, Ken, and Sarah Henry discuss the realities of managing time while training to become a counsellor.
Key points include:
- Counselling training is highly demanding, involving study, placement hours, supervision, and significant personal development.
- Students often juggle training alongside work, family responsibilities, and other life commitments.
- Consistent attendance is vital – missing sessions impacts both learning and group cohesion.
- Training requires sacrifice, whether that’s time, social activities, or personal routines.
- Planning ahead and taking a step-by-step approach can help manage overwhelm and maintain progress.
- Open communication with family and support networks is essential to navigate the demands of training successfully.
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