Essential Law for Counsellors and Psychotherapists
Publication Year: 2010
Subject: Counseling Ethics & the Law
This third book in the authoritative BACP Legal Resources for Counsellors and Psychotherapists series provides a user-friendly guide to the law for all those practicing and training in the counseling profession.
Barbara Mitchels and Tim Bond make legal issues relevant and bring them alive for the practitioner. Packed with practical examples, this book covers essential areas of law for practitioners including
Professional ethics and standards; Negligence; Contracts and premises; Employment and insurance; Dealing with legal claims; Professional diligence
Other features include a glossary, tables and flowcharts, as well as a comprehensive index of resources and organizations for additional information and guidance. This readable book helps practice managers, counselors and psychotherapists to recognize, understand and address legal issues that may arise in their practice, and assists them in finding ...
- Front Matter
- Back Matter
- Subject Index
- Chapter 1: Law and Ethics
- 1.1 Law and Ethics – Relationships and Differences
- 1.2 Introduction to the Legal Framework in England, Wales and Northern Ireland
- 1.3 Working within the Law
- Chapter 2: Public Interest and Professional Standards
- 2.1 Private Practitioners
- 2.2 Non-Government Agencies and Organisations (NGOs)
- 2.3 Government Agencies and Organisations
- 2.4 Supervision
- 2.5 Training
- 2.6 Compliance with Professional Standards and ‘Whistle-Blowing’ on Bad Practice
- 2.7 Protection of Children and Vulnerable Adults
- Chapter 3: Liability in Tort: Negligence
- 3.1 What Is the Law of Tort?
- 3.2 Do I Have to Intend to Cause Harm to Be Liable in Tort? What If I Did Not Mean to Cause Harm, or If I Did Not Foresee What Happened?
- 3.3 What Is a Duty of Care?
- 3.4 When Do I Owe a Duty of Care and to Whom Do I Owe It?
- 3.5 What Sort of Harm Might Be the Subject of a Claim in Tort in the Context of Therapy?
- 3.6 Negligence
- 3.7 What Is the Standard of Care Expected of a Therapist?
- 3.8 How Is a Duty of Care and Negligence Proved?
- 3.9 Can a Third Party (e.g. a Member of the Client's Family) Sue the Therapist for Negligence?
- 3.10 Supervision – Responsibility and Liability to Supervisees and Their Clients
- 3.11 Should I Apologise? If I Do Apologise, Will It Damage My Case?
- 3.12 How Can I Protect Myself from Claims for Negligence?
- Chapter 4: Contracts
- 4.1 What Is a Contract?
- 4.2 Therapeutic Contracts: Creating Legally Binding Agreements with Clients
- 4.3 Complex Interlinking Professional Relationships
- 4.4 Contract Issues When Working with Couples and Families
- 4.5 Remedies for Breach of Contract
- 4.6 Capacity and Contract-Making: Vulnerable Adults
- 4.7 Capacity and Contract-Making: Children and Young People Under the Age of 18
- Chapter 5: Therapists and Criminal Activity
- 5.1 What Kind of Criminal Activity Might I Come Across in My Work?
- 5.2 If a Client Tells Me About Something Criminal That They Have Done, or Are About to Do, Must I Report It?
- 5.3 I Have Heard About ‘Tipping Off, but What Is It?
- 5.4 Whistle-Blowing – What Should I Do If I Discover That a Colleague Is Negligent or Unprofessional in Their Work, or Has Committed a Crime Which Affects His Work?
- 5.5 I Was Penalised for Being Late Paying My Tax Last Week, and Last Year I Took Part in a Peace Protest. Might These Actions Bring the Profession into Disrepute?
- 5.6 My Colleague Was Found Guilty Last Year of Downloading Child Pornography on His Home Computer. What Are the Professional Consequences Likely to Be for Him? Will He Have to Leave the Profession?
- 5.7 What If My Clients Bring Drugs into the Counselling Premises or the Therapy Room without My Knowledge? Would It Be Different If I Did Know?
- 5.8 My 14 Year-Old Client Told Me That Her (Much Older) Boyfriend Got Her Drunk at a Party and Then Had Sex with Her. What Should I Do?
- 5.9 What Exactly Is Harassment? If a Former Client Harasses Me, What Can I Do About It?
- 5.10 Professional Consequences of Criminal Acts by Therapists
- 5.11 Safeguarding Children and Vulnerable Adults: ‘The Vetting and Barring Scheme’
- Chapter 6: Professional Indemnity and Other Insurance
- 6.1 Why Do I Need to Insure?
- 6.2 Professional Insurance Cover
- 6.3 Finding the Right Insurance Provider
- 6.4 Limits of Indemnity, Exclusion Clauses and Policy Restrictions
- 6.5 Factors That Might Affect the Cost of Insurance
- 6.6 What to Watch for When Changing Insurers
- 6.7 What Risks Do I Need to Insure Against?
- 6.8 Useful Tips When Arranging Insurance
- 6.9 Employer's Liability Insurance
- 6.10 Will Professional Indemnity Insurance Be Refused If I Have Had a Complaint Made Against Me in the Past?
- Chapter 7: Legal Responsibilities and Liabilities as an Owner or Occupier of Premises
- 7.1 Disability Discrimination Legislation Compliance
- 7.2 Health and Safety
- 7.3 Public Liability
- 7.4 Planning Regulations and Restrictive Covenants
- 7.5 Use of Home for Business
- 7.6 Ownership of Land, Leases and Tenancies
- Chapter 8: Self-Employed Therapists
- 8.1 Setting Up in Business
- 8.2 Accounting and Book-Keeping
- 8.3 Self-Employed Tax Returns and ‘National Insurance’ Contributions
- 8.4 VAT
- 8.5 Insurance
- 8.6 Working from Home
- 8.7 Keeping and Storing Records, Provision for Illness, and Counselling ‘Wills’
- 8.8 Out of Hours Arrangements
- 8.9 Advertising, Marketing and Networking
- Chapter 9: Therapist as Employer or Employee
- 9.1 What Is Employment? Contracts of Employment and Contracts for Services
- 9.2 Employer Responsibilities
- 9.3 Holidays (‘Annual Leave’ and ‘Additional Leave’)
- 9.4 Maternity, Parental Rights and Paternity Leave
- 9.5 Termination of Employment and Rights on Leaving Work
- 9.6 Discrimination and Equal Opportunities in the Workplace
- 9.7 Harassment
- 9.8 Disciplinary Issues, Warnings and Sacking
- 9.9 Employment Tribunal
- 9.10 Retirements and Pensions
- 9.11 Redundancy
- 9.12 Criminal Records and Disclosures
- Chapter 10: Dealing with Legal Claims and Going to Court
- 10.1 Making and Responding to Civil Claims in the County Court
- 10.2 ‘Money Claim on Line’ Procedure
- 10.3 County Court ‘Small Claims Procedure’ and the ‘Fast Track’ Procedure
- 10.4 High Court
- 10.5 Criminal Cases
- 10.6 Child Protection Cases
- 10.7 Private Family Cases
- 10.8 Dealing with Requests for Disclosure of Client Notes and Records
- 10.9 Giving Evidence in Court
- Chapter 11: Professional Diligence for Therapists
- 11.1 Professional Diligence and Consumer Protection
- 11.2 Doing More Than the Legal Minimum
- 11.3 The Benefits of Following the Law
Legal Resources for Counsellors and Psychotherapists[Page ii]
Legal Resources for Counsellors and Psychotherapists is a series of highly practical books, themed around broad topics, which reflect the most ‘frequently asked questions’ put to the BACP's professional advice line.
Books in the series:
Therapists in Court: Providing Evidence and Supporting Witnesses
Tim Bond and Amanpreet Sandhu
Confidentiality and Record Keeping in Counselling and Psychotherapy
Tim Bond and Barbara Mitchels
© British Association for Counselling & Psychotherapy 2010
First published 2010
Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may be reproduced, stored or transmitted in any form, or by any means, only with the prior permission in writing of the publishers, or in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publishers.
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List of Checklists, Figures and Tables[Page ix]
- Checklist: Elements to Consider for Inclusion in the Therapeutic Contract 53
- Checklist: Reporting Criminal Offences 72
- Checklist: Criminal Activity – Useful Risk Assessment Questions 73
- Checklist: Whistle-Blowing 75
- Checklist: Starting Business 103
- Checklist: Issues to Be Considered in Dilemmas Over Confidentiality 126
- Checklist: Disclosure 127
- Figure 1.1 Hierarchy of the courts system in England and Wales and avenues of appeal 7
- Figure 4.1 Trainees' potential contractual relationships 55
- Table 3.1 Therapist acts, omissions and potential consequences 28
- Table 3.2 Deciding whether to breach confidentiality to prevent clients harming others 36
- Table 4.1 Remedies Awarded in Contract Law 61
- Table 9.1 Forms of Discrimination 112
- Table 9.2 Reasonable Adjustments That Employers Might Make for Disabled Employees 113
We are indebted to all the lawyers, academics, insurance advisers and others who have assisted in providing information and resources for this book. It covers such a wide range of law and practice that we have really appreciated the ideas drawn from the collective experience of practitioners in the fields which we have addressed. In particular we thank Helen M. Watts, Advocate, for her contributions to the book on the law in Scotland. We would also like to express our especial gratitude to solicitors Rodney Nelson Jones and Philip Hook for reading through parts of the manuscript with a critical eye.
We are also grateful to the many therapists from different backgrounds and settings who have shared their experience of how the law has helped or hindered them and all those who have discussed legal issues with us. There is no way of naming everyone individually but we hope that they will recognise some of their concerns addressed in this book.
Trying to find the answers to some of the legal questions that have been posed to us has been challenging, and in particular we thank publishers Taylor & Francis, LexisNexis and Jordan publishing, who provided us with books and resources for legal research. In relation to insurance, we thank all who helped us, and in particular we thank Towergate and also Steve Johnson and Jo Mountain of Howdens for providing us with information and opportunities for discussion.
Above all we are grateful to the expertise of the staff of BACP, especially to Grainne Griffin and John O'Dowd from the Professional Conduct Department, and Denise Chaytor, Kathleen Daymond and Wendy Brewer, who, with other members of the Information Services Team, drew on their experience of answering members' queries to inform us about many of the issues that they felt needed to be addressed in this book.
Finally we want to express our appreciation to BACP, which has sponsored and supported the writing of this book throughout its creation. The ultimate responsibility for its content rests with us as the authors.and
List of Cases, Practice Directions, Judicial Guidance, Statutes, Statutory Instruments and EEC Directives and Regulations[Page 138]Cases
Practice Directions and Judicial Guidance
- Attridge Law v Coleman  ICR 654.  IRLR 88
- Bolam v Friern Hospital Management Committee  2 All ER 118,  1 WLR 582
- Bolitho v City of Hackney Health Authority  AC 232.  4 All ER 771
- Brock v Wyner  1 WLR 1159, 2 cr App R 745
- Davies v LHIM (1983) 335 NW 2d 481 Michigan Supreme Court
- Doe v Roe and Roe ; 400 NY p2d 668
- Dunlop v Selfridge  AC 847
- Eastwood v Kenvon  11 Ad & El 438
- Egdell and Others  2WLR 471
- Gillick v West Norfolk and Wisbech Area Health Authority and Another  1 AC 1212:  3 All ER 402 (HL)  1 FLR 224:  1 All ER 533 (CA):  3 WLR 830
- Gore v Van der Lann  2QB 31.  All ER 360
- Hedley Byrne & Co Ltd v Heller & Partners Ltd  3 WLR 101.  AC 465
- HIH v Chase Manhattan  EWCA Civ 1250. 2 Lloyds Rep 483 at page 163. and  UKHL 6  Lloyds Rep IR 230
- Hornal v Neugerger Products Ltd  1 QB 247
- Hunter v Hanley  SC at 204
- Joel v Law Union & Crown Insurance  2 KB 863 CA
- Kelly v DPP  EWHC Admin 1428 166 JP 621
- Khorasandjian v Bush  3 WLR 476 (Court of Appeal)
- Lampleigh v Braithwait  Hob 105
- Lau v DPP  1 FLr 799 DC
- London Borough of Lewisham v Malcolm  UKHL 43
- Majrowski v Guy's and St Thomas's NHS Trust  UKHL 34
- Market Investigations Ltd v Ministry of Social Security  2QB 173
- Mazza v Huffaker  300 SE2d 833 (NC)
- McLoughlin v O'Brain  1 AC 410 at 431
- Melhuish v Redbridge Citizens Advice Bureau  IRLR 419, EAT
- Nicholsen v Han  12 Mich. App. 35,162 NW 2d 313
- Pettenden  7 CQJ 220
- Phelps v Hillingdon London Borough Council  3 W.L.R. 776
- Pratt v DPP  EWHC 483 [Page 139]
- R (B) v (1) Dr SS (2) Dr G (3) Secretary of State for the Health Department [Admin. Ct.]  1 MHLR 347
- R (B) v Ashworth Hospital Authority [HL]  1 MHLR 47
- R v Cannings  EWCA Crim 1.  1 WLR 2607
- R v H (Assault of Child: Reasonable Chastisement)  EWCA Crim 1024;  2 FLR 431
- R v Instan  1 QB 453
- R v Souter  1 WLR 1187, 2 All ER 1151
- R v Thomas and Thompson 63 Cr App R 65 (CA)
- Re W  EWCA Civ 538  All ER (D) 258 (May)
- Roy v Hartogs : 366 NYS 297. 300-301
- S v DPP  EWHC (Admin) 438
- Sidway v Governors of Bethlem Royal Hospital  AC 871 at 897
- Tarasoff v Regents of the University of California  (Sup. Ct. Cal. ;) 551 P 2d 334
- W v Egdell  1 All ER 1089:  Ch 359:  1 All ER 835
- W v Egdell [court of Appeal]  2 WLR 471
- W v Egdell and others  2 WLR 471
- Werner v Landau  Time Law Reports 8 March 1961: Solicitors Journal (1961) 105. 1008
- Practice Direction: (Family Proceedings: Experts) [Family Division]  1 WLR 1027 Practice Direction (Public Law Proceedings: Case Management) [Family Division]  1 WLR 1040
- The Ministry of Justice: The Public Law Outline: Guide to Case Management in Public Law Proceedings (PLO) 13 February 2008. at http://www.justice.gov.uk/docs/public_law_outline.pdf
- Adults with Incapacity (Scotland) Act 2000
- Adoption and Children Act 2002
- Age of Legal Capacity (Scotland) Act 1991
- Care Standards Act 2000
- Children Act 1989
- Children Act 2004
- Children and Adoption Act 2006
- Children (Scotland) Act 1995
- Child Support Act 1991
- Civil Partnership Act 2004
- Companies Act 1985
- Compensation Act 2006
- Criminal Justice Act 2003
- Criminal Justice and Court Services Act 2000
- Data Protection Act 1998
- Disability Discrimination Act 1995
- Disability Discrimination Act 2005
- Drug Trafficking Act 1994
- Education Act 1949 [Page 140]
- Education Act 2002
- Electronic Communications Act 2000
- Employer's Liability (Compulsory Insurance) Act 1969
- Employment Act 2002
- Employment Act 2008
- Employment Relations Act 1999
- The Employment Tribunals Act 1996
- Equal Pay Act 1970
- Family Law Reform Act 1969
- Family Law (Scotland) Act 2006
- Freedom of Information Act 2000
- Health Act 1999
- Health and Safety at Work Act 1974
- Human Rights Act 1998
- Interpretation Act 1978
- Late Payment of Commercial Debts (Interest) Act 1998
- Law of Property Act 1925
- Law of Property (Miscellaneous Provisions) Act 1989
- Limitation Act 1980
- Local Authority (Social Services) Act 1970
- Magistrates' Courts Act 1980
- Mental Capacity Act 2005
- Mental Health Act 2007
- Mental Health (Care and Treatment) (Scotland) Act 2003
- Minors' Contracts Act 1987
- Misrepresentation Act 1967
- Misuse of Drugs Act 1971
- Occupiers Liability Act 1957
- Occupiers Liability Act 1984
- Occupiers Liability (Northern Ireland) Act 1957
- Police Act 1997
- Prescription and Limitation (Scotland) Act 1973
- Proceeds of Crime Act 2002
- Protection of Vulnerable Groups (Scotland) Act 2007
- Protection of Children Act 1999
- Protection from Harassment Act 1997
- Race Relations Act 1976
- Redundancy Payments Act 1965
- Rehabilitation of Offenders Act 1974
- Requirements of Writing (Scotland) Act 1995
- Safeguarding Vulnerable Groups Act 2006
- Sale of Goods Act 1979
- Sex Discrimination Act 1975
- Sexual Offences Act 1956
- Sexua1 Offences Act 2003
- Supreme Court Act 1981
- Terrorism Act 2000 [Page 141]
- Trade Descriptions Act 1968
- Tribunals, Courts and Enforcement Act 2007
- Unfair Contract Terms Act 1977
EEC Directives and Regulations
- Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276)
- Children (Admissibility of Hearsay Evidence) Order 1993 (SI 1993/621)
- Civil Procedure Rules 1998 (SI 1998/3132)
- Civil Procedure (Amendment No. 2) Rules 2008 (SI 2008/3085)
- Civil Procedure (Amendment No. 3) Rules 2008 (SI 2008/3327)
- Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277)
- Control of Asbestos Regulations 2006 (SI 2006/2739)
- Data Protection (Subjects Access Modification) (Education) Order 2000 (SI 2000/414)
- Data Protection (Subjects Access Modification) (Health) Order 2000 (SI 2000/413)
- Data Protection (Subjects Access Modification) (Social Work) Order 2000 (SI 2000/415)
- Data Protection (Processing of Sensitive Personal Data) Order 2000 (SI 2000/417)
- Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013)
- Electronic Signatures Regulations 2002 (SI 2002/318)
- Employer's Liability (Compulsory Insurance) Regulations 1998 (SI 1998/2573)
- Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/752)
- Employment Equality (Age) Regulations 2006 (SI 2006/1031)
- Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660)
- Employment Equality (Sex Discrimination) Regulations 2005 (SI 2005/2467)
- Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661)
- Employment Equality (Sexual Orientation) Regulations 2003 (Amendment) Regulations 2004 (SI 2004/2519)
- Insurance Companies (Amendment) Regulations 1992 (SI 1992/2890)
- Maternity and Parental Leave, etc Regulations 1999 (SI 1999/3312)
- Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (SI 2006/2810)
- Money Laundering Regulations 2007 (SI 2007/2157)
- National Health Service (Clinical Negligence Scheme) Amendment (No.2) (SI 2006/3087)
- Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)
- Parental Responsibility Agreement Regulations 1991 (SI 1991/1478)
- Paternity and Adoption Leave Regulations 2002 (SI 2002/2788)
- Police Act 1997 (Criminal Records) (Registration) Regulations 2006 (SI 2006/750)
- Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2006 (SI 2006/97)
- Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541)
- The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 1) Order (SI 2007/3545)
- The Safeguarding Vulnerable Groups (Northern Ireland) order (SI 2007/1351)
- The Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations (SI 2008/16)
- The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (SI 2008/473)
- The Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008 (SI 2008/474) [Page 142]
- The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 1) (Northern Ireland) Order 2008 (SI 2008/930 C. 45)
- The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional provisions) Regulations 2008 (SI 2008/062)
- The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (SI 2009/12)
- The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 (SI 2009/37)
- The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 2) Order 2008 (SI 2008/1320)
- The Safeguarding Vulnerable Groups Act 2006 (Commencement No.3) Order 2009 (SI 2009/39)
- The Safeguarding Vulnerable Groups Act 2006 (Devolution Alignment) Order 2009 (SI 2009/265)
- The Safeguarding Vulnerable Groups Act 2006 (Commencement No.4) Order 2009 (SI 2009/1503)
- The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2009 (SI 2009/1548)
- The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009 (SI 2009/1797)
- Unfair Terms in Consumer Contract Regulations 1999 (SI 1999/2083)
- Working Time Regulations 1998 (SI 1998/1833)
- Working Time (Amendment) Regulations 2001 (SI 2001/3256)
- EEC Regulation (E13020)
- Equal Treatment Directive (76/207/EEC)
- Equal Opportunities Directive (2006/54/EC)
Useful Resources[Page 143]
This list is compiled from a variety of sources and offered as a service. Inclusion in this list does not mean than any particular organisation is recognised or recommended by the authors or BACP.Access Northern Ireland
This is a central government organisation which provides criminal history information about anyone seeking paid or unpaid work in certain defined areas, including children and vulnerable adults.
Address: Brooklyn, 65 Knock Road, Belfast, BT5 6LE
Tel 02890 259100
Fax 02890 259186
Email email@example.comAdvisory, Conciliation and Arbitration Service – ACAS
Provides up-to-date information, independent advice and training. Works with employers and employees to solve problems and improve performance.
Aims to improve organisations and working life through better employment relations.
Address: National Office, 286 Euston Road, London, NW1 3JJ
Helpline 08457 47 47 47
Minicom 0845 606 1600
Lines open: Monday to Friday 8am-6pm, Saturday 9am–1pmBACP Information Service
Help with ethical dilemmas and practice issues for members of BACP and their clients.
Address: BACP House, 15 St John's Business Park, Lutterworth, LE17 4HB
Ethical Helpdesk 01455 883316
Lines open: Monday to Friday 8.45am-5pm
Email firstname.lastname@example.orgChildren and Family Court Advisory Support Service (CAFCASS)
Works with children and families involved in proceedings in family courts and advises the courts on the child's best interests.
[Page 144]Address: 6th Floor, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT
Tel 0844 353 3350Centre for Accessible Environments
An information and training body on the accessibility of the built environment for disabled people.
Tel 0207 840 0125Children's Legal Service
An independent national charity concerned with law and policy affecting children and young people.
Address: University of Essex, Wivenhoe Park, Colchester, Essex, CO4 3SQ
Tel 01206 872 466
National Education Line via Community Legal advice 0845 345 4345
Young People Freephone 0800 783 2187
Child Law Advice via Community Legal Advice 0845 345 4345
All lines open: Monday to Friday 9am-5pmCommunity Legal Service Direct
Free advice about benefits, tax credits, housing, employment, education or debt problems.
Free confidential legal advice 0845 345 4345
Lines open: Monday to Friday 9am-6.30pm/Saturday 9am-12.30pm
General enquiries 0800 085 6643
Lines open: Monday to Friday 9am-5pmCriminal Records Bureau (CRB)
Aims to help organisations make safer recruitment decisions by providing wider access to criminal record information.
Address: CRB Services, PO Box 110, Liverpool, L69 3EF
General enquiries 0870 909 0811
Minicom 0870 909 0344
Lines open: Monday to Friday 8am-Saturday 10am-5pm
Welsh Language Line 0870 90 90 223Central Registered Body in Scotland (CRBS)
The CRBS was established by the Scottish Government, operated by Volunteer Development Scotland, which provides information and assistance upon request about the suitability of applicants for volunteer posts in Scotland, and free Disclosures (police [Page 145]checks) for volunteers in the voluntary sector working with children, young people and adults at risk in Scotland. Disclosures are obtained from Disclosure Scotland and the results passed on by CRBS to the individual concerned.
Address: Jubilee House, Forthside Way, Stirling, FK8 1QZ
Tel 01786 849777
Fax 01786 849767
Email email@example.comCrown Prosecution Service (CPS)
The Crown Prosecution Service handles police and other Crown prosecutions. It can provide general information between 9am and 5pm weekdays, answer-phone outside these hours. Can give practical advice but not legal advice.
Address: 50 Ludgate Hill, London, EC4M 7EX
Information Line 020 7796 8000
Email firstname.lastname@example.orgDisclosure Scotland
Disclosure Scotland issues certificates – known as ‘disclosures’ which give details on an individual's criminal convictions, or state that they have none. Enhanced disclosures, where appropriate, will also contain information held by police forces and other government bodies.
Address: Disclosure Scotland, PO Box 50, Glasgow, G51 1YU
Telephone 0870 609 6006.
Lines open: Monday to Friday 8am-6pm
Fax 0870 609 6996
Email email@example.comEquality and Human Rights Commission Disability Helpline
Provides advice and guidance to promote equality and human rights.
Textphone 0845 604 6610
Fax 08457 778 878
Scotland: Tel 0845 604 5510
The helpline is open Monday, Tuesday, Thursday and Friday 9am-5pm; Wednesday 8am-8pm.
Email firstname.lastname@example.orgHer Majesty's Courts Service (HMCS)
HMCS provides administration and support for the Court of Appeal, the High Court, the
Crown Court, the magistrates' courts, the county courts and the Probate Service.
Address: Customer Service Unit, Post 1.40,1st Floor 102 Petty France, London, SW1H 9AJ
Tel 0845 4568770
Fax 020 3334 4087
General website http://www.hmcourts-service.gov.uk/
[Page 146]See http://www.hmcourts-service.gov.uk/cmd/infoabout.htm for information about court proceedings and fees, and free, downloadable leaflets and forms providing guidance for parties.Home Office
Address: Direct Communications Unit, 2 Marsham Street, London, SWIP 4DF
Tel 020 7035 4848
Lines open: Monday to Friday 9am-5pm
Minicorn 020 7035 4742
Lines open: Monday to Friday 9am-5pm
Email email@example.comInsurers Specialising in Professional Liability Cover for Counsellors and PsychotherapistsH Balen & Co
Tel 01684 580771
Address: 2 Nimrod House, Sandy's Road, Malvern, Worcs. WRI4 1JJ
Email firstname.lastname@example.orgDevitt Insurance
Address: North House, St Edwards Way, Romford, Essex, RM1 3PP
Tell 01708 385917
Email email@example.comHarvey Pettitt & Partners
Address: Deerfold House, Deerfold, Salop, SY7 OEE
Tel 01568 770900 http://www.harverpettitt.uk.com
Email firstname.lastname@example.orgHowden Insurance Brokers
Address: 1200, Century Way, Thorpe Park, Leeds, LS15 8ZA
Tel 0113 251 5011
Address: Airport West, Lancaster Way, Yeadon, LS19 7ZA
Tel 0113 391 9598 or 9555[Page 147]
Email email@example.comIndependent Safeguarding Authority
The body responsible for implementing the Vetting and Barring procedures under the Safeguarding Vulnerable Croups Act 2006
Address: PO Box 181, Darlington, DL1 9FA
For making referrals under the statutory provisions (see Chapter 5 at 5.11) and for further information, general advice and help on the legislation contact ISA:
Address: PO Box 181, Darlington, DL1 9FA
Tel 0300 1231111
Lines open: between 8am and 5.30 pm Monday to Friday
Email firstname.lastname@example.orgLaw Society
The Law Society is the professional body for solicitors which provides advice and practical help in finding a solicitor in your area, making complaints, news and other information about areas of law.
For further information about regulation and complaints about solicitors see the Solicitors
Regulation Authority (SRA) below.
Search solicitors' firms from Law Society records:
Address: The Law Society's Hall, 113 Chancery Lane, London, WC2A 1PL
Tel 20 7242 1222
Fax 020 7831 0344
Email email@example.comLegal Services Commission (LSC)
The LSC provides a national system of legal assistance and funding, The LSC regulates a quality control system including lawyers, mediators, Citizens Advice Bureaux and other advice providers. LSC funded advice is available about issues including: relationship breakdown, debt, housing, domestic violence, crime, benefits, asylum and immigration, education, employment, mental health and community care matters.
Address: 4 Abbey Orchard Street. London. SW1P 2BS
Helpline 0845 345 4345 http://www.legalservices.gov.uk
Email London@legalservices.gov.ukNational Register of Access Consultants
List of organisations providing information and assistance concerning disability access and facilities.
Address: 70 South Lambeth Road, London, SW8 1RL[Page 148]
Tel 0207 735 7845
Fax 0207 7840 5811
SMS 07921 700 089
Email firstname.lastname@example.orgNational Society for the Prevention of Cruelty to Children – NSPCC
A free 24 hour service which provides counselling, information and advice to anyone concerned about a child at risk of abuse.
Address: Weston House, 42 Curtain Road, London, EC2A 3NH
24hr Helpline 0808 800 5000
Text phone 0800 056 0566
Cymru/Wales Helpline 0808 1002524
Textphone 0808 100 1033
Address: PO Box 62, Bangor LL57 4BN
Asian Helpline service in English 0800 096 7719
Asian helpline offers help in the following languages: Bengali/Sylheti, Gujurati, Hindi, Punjab, Urdu.
Lines open: Monday to Friday 11am-7pm
Will endeavour to provide a translator service in other languages.The Place2Be
Works inside schools to improve the emotional wellbeing of children, their families and the whole school community.
Address: 13/14 Angel Gate, 326 City Road, London, EC1V 2PT
Tel 020 7923 5500
Email email@example.comSolicitors Regulation Authority (SRA)
Address: Ipsley Court, Berrington Close, Redditch, B98 0TD
Professional Ethics helpline for solicitors (for advice on the Code of Conduct) 0870 606 2577 (inside the UK)
Lines open: 09.00 to 17.00. Monday to Friday.
For complaints regarding solicitors, visitTherapy Law
Legal website providing general information and guidance on law and ethics for therapists, with a regularly updated list of useful resources based on information from therapists and lawyers. Enquirers may also be provided on request with legal advice or help for specific problems, or facilitated to find local professional assistance where necessary.[Page 149]
Email firstname.lastname@example.orgTrauma and Abuse Group – TAG
Provides information, support, training, encouragement and networking for counsellors, therapists, professional workers, carers and indeed anyone who is concerned or interested and any that are working with individuals who have suffered trauma and abuse.
Address: PO Box 3295. Swindon, SN2 9ED
- The Bar Council Colloquial name for The General Council of the Bar which is the governing and regulatory body for barristers. It is a source of advice, information and can assist enquirers to find a barrister. See http://www.barcouncil.org.uk/
- Burden of Proof To secure a conviction in a criminal matter, the case for the prosecution has to be proved ‘beyond reasonable doubt’. The burden of proof in civil cases is on the balance of probabilities, i.e. ‘that it is more likely than not’ that the events occurred (see Chapters 1 and 5).
- Caldicott Guardians People appointed to protect patient information in health and social care. They should be members of the management board or senior management team, senior professionals, or hold responsibility for promoting clinical governance within organisations providing health or social care. In 2006, the Department of Health produced the Caldicott Guardian Manual for their guidance, available from http://www.dh.gov.uk.
- Caldicott Principles Six principles for testing whether to disclose patient-identifiable information as part of recommendations on information sharing within the NHS and between NHS and non-NHS organisations. See the Report on the Review of Patient-identifiable Information by a committee chaired by Dame Fiona Caldicott in 1997 (the Caldicott Committee).
- Client records Generic term which includes all notes, records, memoranda, correspondence, photographs, artifacts and video or audio recordings relating to an identifiable client. Whether factual or process related, in whatever form they are kept.
- Confidentiality A wide ranging duty of managing information in ways that keep it secure and control its disclosure. It is concerned with protecting information that is identifiable with a specific person, typically because they are named, but the law will also protect the confidences of people whose identity can be deduced from the available information, perhaps because the listener knows some of the circumstances of the person being referred to. Thoroughly anonymised information in which the identity of specific people cannot be discerned is not protected by the law of confidentiality. A circle of confidentiality is a group of people sharing confidential information with the client consent, for example, a health care team, or a counselling organisation with group supervision.
- Competent adult A person aged over eighteen and mentally capable of giving valid consent.
- Constitution Law In the UK, the constitutional law consists of statute law (Acts of Parliament), subordinate legislation (Statutory Instruments) made under the authority of [Page 151]Acts of Parliament, and case law (the decisions of the courts) in which the courts interpret and apply the statute law (see Chapter 1).
- Contract Legally enforceable agreement, usually regulating the sale, lease or transfer of land, or the provision of goods, advice or services for an agreed price. In legal terms, the ‘promisor’ (or ‘offeror’) promises or offers to do something, in return for which the ‘promisee’ (or ‘offeree’) agrees to do or forbear from doing, or provide something in return (the ‘consideration’). For example, a therapist may offer to provide therapy in return for which the client agrees to provide consideration in the form of payment, or a person may provide goods in return for the forgiveness of an outstanding debt (see Chapter 4).
- The Criminal Records Bureau (CRB) An executive agency of the Home Office which maintains criminal records. Further information, including details of how to apply for disclosures, is available at: http://www.crb.gov.uk. In Scotland the Central Registered Body in Scotland (CRBS) (http://www.crbs.org.uk) provides access to disclosures for individuals working as volunteers in sensitive areas. Criminal records checks can be obtained from Disclosure Scotland (see http://www.discolourescotland.co.uk) and in Northern Ireland, from Access Northern Ireland (see http://www.accessni.gov.uk).
- Crown Prosecution Service (CPS) Government department that advises the police on evidence and law, and prepares cases for prosecution. The CPS provides its own staff or agents as advocates in some cases, and instructs barristers (counsel for the prosecution) in other matters.
- Disability/disabled Disability is defined in section 1(1) of the Disability Discrimination Act DDA 1995, subject to the provisions of schedule 1, as ‘a person who has a physical or mental impairment that has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities’. The effect of an impairment is long term if it has lasted at least 12 months, or if it is likely to last at least that long, or for the rest of the person's life, or if it is likely to recur if in remission (DDA 1995, Sch 1. paras 2(1) and (2)). For further discussion of the Disability Discrimination Acts 1995 and 2005, with resources for information and help, see Chapter 7 at 7.1.and http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068. In the context of employment, see the Disability Discrimination Act 1995 Code of Practice: Employment and Occupation (the Code), issued on 1 October 2004, setting out the rights of disabled workers and duties of their employers, and see Chapter 9 at 9.6.1.
- Duty of confidence A duty of confidence will arise whenever the party subject to the duty is in a situation where he either knows or ought to know that the other person can reasonably expect his privacy to be protected.
- Forensic In general terms, forensic simply means court-related, i.e. a forensic report is one ordered by the court or prepared for use in court; forensic evidence is evidence used in court cases, etc.
- Government In England, Scotland and Wales, the Queen is the Head of State, although in practice, the supreme authority of the Crown is carried by the government of the day. [Page 152]The government comprises the Prime Minister (appointed by the Queen), the Ministers with departmental responsibilities, and those Ministers of State who form the Cabinet by the invitation of the Prime Minister. The legislature comprises the two Houses of Parliament – the House of Lords and the House of Commons (see Chapter 1).
- Harassment This can take various forms, depending on the context in which it happens. In the workplace, harassment may involve the violation of dignity or the creation of a hostile working environment. The Protection from Harassment Act 1997 was designed to protect victims of harassment, whatever form the harassment takes, wherever it occurs, and whatever its motivation. Breaches of the Protection from Harassment Act 1997 may constitute a criminal offence, or may give rise to civil liability, or both. See Chapter 9 at 9.7 for discussion of harassment in the workplace.
- Judicial precedent In case law, there is a hierarchy in judicial precedent, in which the decisions of the House of Lords bind every court below it (including the Court of Appeal) and the decisions of the Court of Appeal bind all lower courts. There are also constitutional conventions which have binding force but do not have statutory authority (see Chapter 1).
- Judicial Studies Board The purpose of the Judicial Studies Board (JSB) is to ensure that high quality training is delivered to enable those who discharge judicial functions in England and Wales to carry out their duties effectively, in a way which preserves judicial independence and supports public confidence in the justice system. For contact details see http://www.jsboard.co.uk.
- Judiciary The collective name for all judges, at all levels. The judiciary should be independent of government, and of politics, and are appointed from among experienced lawyers. Most of the present senior judges were formerly QCs, but the judiciary makes appointments from both branches of the profession. For further information see the Bar Council, Law Society and Judicial Studies Board websites.
- The Law Society Provides advice, information and guidance. The Law Society can assist enquirers to find a solicitor. For contact details see http://www.lawsociety.org.uk/ and Useful Resources.
- Lawyer The term ‘lawyer’ is very wide and includes judges. Queen's Counsel (QCs -senior barristers), barristers (members of the Bar), solicitors (solicitors of the Supreme Court), each Notary Public, and legal executives (legal personnel qualified in law who assist solicitors and the courts). In Scotland, the term lawyer includes attorney, solicitor and Sheriff.
- List 99 This is a list that was maintained by the former Department for Employment and Skills (DfES), now the Department for Children, Schools and Families (DCSF). It is a confidential list of people whom the Secretary of State has directed may not be employed by local education authorities (LEAs), schools (including independent schools) or further education (FE) institutions as a teacher, or in work involving regular contact with children under 18 years of age. People who are convicted of one of a number of sexual or violent offences against a child under 16 years of age, or in some cases against an adult, are [Page 153]automatically deemed unsuitable to work with children and are included on List 99. Those subject to a court disqualification order are also included on List 99 automatically. List 99 may be integrated into the new lists created by the Vetting and Barring Scheme (see Chapter 5).
- Multi Agency Public Protection Arrangements (MAPPA) MAPPA provides a national framework in England and Wales for the assessment and managements of risk posed by serious and violent offenders, including individuals who are considered to pose a risk, or potential risk, of harm to children. The MAPPA framework will be integrated into the new Vetting and Barring Scheme (see Chapters 2 and 5).
- Mental capacity This is a legal concept, within which a person's ability to make rational, informed decisions is assessed (see the Mental Capacity Act 2005 and pp. 63–4). It is assumed in law that adults and children of 16 or over have the mental capacity and therefore the legal power to give or withhold consent in medical and health care matters. In Scotland, Section 1(1)(b) of the Age of Legal Capacity (Scotland) Act 1991 provides that a person of 16 years of age or over has legal capacity to enter into any transaction, which includes medical and health care matters. Section 2(1) provides that a person under the age of 16 can consent to a transaction of a kind commonly entered into by persons of his age and circumstances and on terms which are not unreasonable and Section 2(4) specifically provides that a person under the age of 16 years shall have the legal capacity to consent to any surgical, medical or dental procedure where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment. These presumptions and rules are rebuttable, for example in the case of mental illness. A refusal of necessary medical treatment by young people over the age of sixteen but under eighteen may be overruled by the High Court (or Court of Session in Scotland). There is no one test for mental capacity to consent. Assessment of mental capacity is situation specific, and will depend upon the ability of the person to take in, understand and evaluate information including the risks and benefits of the decision to be made, and to communicate their wishes.
- Negligence The legal concept of negligence is based on the breach of appropriate professional standards and/or a duty of care, causing damage. In order to establish a case against a therapist, the plaintiff would have to prove:
- that a duty of care exists
- that the duty of care has been breached (i.e. conduct falling below the standards that the law demands)
- in the case of advice, that the defendant could have foreseen that any advice given would be relied upon (foreseeability)
- that, as a result of the action/omission complained of, the plaintiff suffered damage
- that the actions/omissions complained of were the cause of the damage.
- (See Chapter 3).
- Parental responsibility The legal basis for decision making in respect of children under the age of eighteen, created by the Children Act 1989 and defined in section 3(1) as ‘all the [Page 154]rights, duties, powers, responsibilities and authority which by law the parent of a child has in relation to a child and his property’. It is possible that the definition of parental responsibility may be further clarified in new legislation currently under consideration. More than one person can have parental responsibility for a child at the same time. It cannot be transferred or surrendered, but aspects of parental responsibilities can be delegated, CA 1989 s. 2(9), see Chapter 11 for further details. (For the equivalent provisions in Scotland, see Sections 1–3 of the Children (Scotland) Act 1995.)
- Professional diligence Defined in the Consumer Protection from Unfair Trading Regulations 2008 as: ‘The standard of special skill and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either (a) honest market practice in the trader's field of activity, or (b) the general principle of faith in the trader's field of activity’ (Regulation 2).
- Protection of Children Act (POCA) List The Protection of Children Act 1999 gave the Secretary of State power to keep a list of people who are unsuitable to work with children in childcare positions. Childcare organisations checked the list (and List 99) before employing someone in a childcare position. For details, see Chapter 12 of Working Together to Safeguard Children (DfES 2006C). Now superseded by the new Vetting and Barring Procedures, ‘Child First’ list, see Chapter 5 at 5.11.
- Public interest The interests of the community as a whole, or a group within the community or individuals.
- Restrictive covenant These are restrictions placed by agreement on the use of buildings and land, usually entered into for the benefit of neighbours and the community at the time that the land was sold or the building constructed, and they are set out in title deeds and leases. In titles that are registered with the Land Registry, restrictive covenants are entered on the register along with the title to the land, and a copy can be obtained for the payment of a fee from the local Land Registry (see Chapter 7).
- Self-employed The distinction between self-employment and employment is not always easy to make (see the HM Revenue and Customs Booklet IR56/N139, Employed or Self-employed?) For help, ask local taxation offices, or look at the publications on the following website: http://www.hmrc.govuk/selfemployed/tmaemployed or self-employed.shtml. (See Chapter 8 and Chapter 9 at 9.1.)
- Sex Offenders Register Notification under Part 2 of the Sexual Offences Act 2003 (known as the Sex Offenders Register) is an automatic requirement on offenders who receive a conviction or caution for certain sexual offences. The notification requirements are intended to ensure that the police are informed of the whereabouts of offenders in the community. All offenders must reconfirm their details at least once every 12 months, and notify the police seven days in advance of any travel overseas for a period of three days or more. Failure to comply with these requirements is a criminal offence, with a maximum penalty of five years imprisonment (see Chapter 2). [Page 155]
- Soft law Soft law includes the codes of practice issued by government departments, recommendations from official reports, and protocols adopted by statutory services. This type of law has no legal status in the courts in the sense that courts are not obliged to follow it until such time as Parliament gives it full legal status.
- Supervision In the psychoanalytic tradition and in most therapeutic approaches in the USA, supervision is seen as supporting trainees who, on completion of their training, may work unsupervised. In Britain there is a tradition of independent supervision which continues throughout the training and the working life of the therapist, in which the supervisor is regarded as an independent facilitator with a specific role to support and mentor professional practice.
- Tipping off Section 39 of the Terrorism Act 2000 creates an offence, colloquially known as ‘tipping off, which, in relation to the investigation of terrorist activities, means disclosure of anything likely to prejudice the investigation, or interference with material which is likely to prejudice the investigation. The courts take this seriously, and the current maximum penalty for tipping off is five years’ imprisonment, a fine or both (see Chapter 5).
- Tort The law of tort in England and Wales is the general law of civil liability (in Scotland, it is called ‘delict’). The word ‘tort’ (colloquially meaning injustice) was probably imported into our law from old French, having evolved from the Medieval Latin ‘tortum’ derived from torquēre (to twist) and ‘tortus’ (meaning twisted, crooked, dubious) (see Chapter 3).
- Vetting and Barring Scheme (VBS) Set up by the Safeguarding Vulnerable Groups Act 2006, the Independent Safeguarding Board regulates activity with children and vulnerable adults. For details, and disscussion of the provisions in Wales, Scotland and Northern Ireland, see Chapter 5 at 5.11 (pp. 79–86).
- Whistle blowing Colloquial term for giving information about bad practice by colleagues. Several professional organisations have published guidance on ‘whistle-blowing’ procedures, for example, the General Medical Council (GMC 2006: 43–5) and the British Psychological Society, Professional Practice Guidelines for Counselling Psychologists (BPS INF75/01/05)(BPS2009).
References and Further Reading[Page 156]Advertising Standards Authority (ASA) (2009) British Code of Advertising. Sales Promotion and Direct Marketing (11th edn). London: ASA. Available free at: http://www.asa.org.uk/asa/codes/ and from the Committee of Advertising Practice at http://www.cap.org.uk.2007) Introduction to Online Counselling and Psychotherapy. BACP Information Sheet P6. Lutterworth: British Association for Counselling and Psychotherapy.(BACP (2004) What is Supervision?Lutterworth. British Association for Counselling and Psychotherapy.BACP (2010) Ethical Framework for Good Practice in Counselling and Psychotherapy. Lutterworth: British Association for Counselling and Psychotherapy.Bamber, L. et al. (eds) (2008) Tolley's Health and Safely at Work Handbook. London: Lexis Nexis/Tolley.2003) ‘The burn-out syndrome and restoring mental health at the working place’, Psychother Psychosom Med Psychol53(5): 213–22. http://dx.doi.org/10.1055/s-2003-38865, et al. (1990) ‘Counselling supervision – ethical issues’, Counselling, Journal of the British Association for Counselling1(2): 43–6.(2009) Standards and Ethics for Counselling in Action ((3rd edn). London: Sage.2005) Therapists in Court: Providing Evidence and Supporting Witnesses. London: Sage.and (2008) Access to Records. BACP Information Sheet GI. Lutterworth: British Association for Counselling and Psychotherapy.and (2008) Confidentiality and Record Keeping in Counselling and Psychotherapy. London: Sage and British Association for Counselling and Psychotherapy.and (2008) Breaches in Confidentiality. BACP Information Sheet G2: Lutterworth: British Association for Counselling and Psychotherapy., and (2007) ‘Formation of contracts’, in M.Furmiston (ed.), The Law of Contract. London: LexisNexis Butterworths.(British Property Federation and the British Council of Offices (2002) Code of Practice for Commercial Leases. Available at: http://www.commercialleasecodeew.co.uk.British Property Federation and the British Council of Offices (2004) Renewing and Ending Business Leases: A Guide for Tenants and Landlords. Available at: http://www.communities.gov.uk/publications/citiesandregions/renewingending.British Property Federation and the British Council of Offices (2007a) Guidance as to ‘Model Clauses’. Available at: http://www.bpf.org.uk/publications.British Property Federation and the British Council of Offices (2007b) Code for Leasing Business Premises in England and Wales. Available at: http://www.leasingbusinesspremises.co.uk.British Psychological Society (2009) Professional Practice Guidelines for Counselling Psychologists. Available at: http://www.bps.org.uk/publications/profpract/prof-pract_home.cfm (accessed 23/01/09).2002) Freelance Counselling and Psychotherapy: Competition and Collaboration. Hove: Brunner-Routledge. http://dx.doi.org/10.4324/9780203361313([Page 157]2007) ‘Vitiating factors’, in M.Furmiston (ed.), The Law of Contract. London: Lexis Nexis Butterworths.(2004) Guidance for Trainee Placements. BACP Information Sheet T3. Lutterworth: British Association for Counselling and Psychotherapy.(1992) ‘Some legal issues in counselling and psychotherapy’, British Journal of Guidance and Counselling20(1): 10–26.(Criminal Records Bureau (CRB) (2009) Revised Code of Practice 2009. London: CRBO.Crown Prosecution Service (England and Wales) (2005) The CPS: Provision of Therapy for Vulnerable or Intimidated Adult Witnesses Prior to a Criminal Trial – Practice Guidance. London: Crown Prosecution Service. Also available at: http://www.cps.gov.uk.2008a) Making the Contract for Counselling and Psychotherapy. BACP Information Sheet P11. Lutterworth: British Association for Counselling and Psychotherapy.(2008b) Charging for Therapy in Private Practice: Pitfalls and Issues. BACP Information Sheet P2. Lutterworth: British Association for Counselling and Psychotherapy.(Department of Trade and Industry (DTI): Redundancy Payments (URN 98/95). London: Department of Trade and Industry.Offsetting Pensions Against Redundancy Payments (RLP1). London: Department of Trade and Industry.Time Off for Job Hunting when Facing Redundancy (PL703). London: Department of Trade and Industry. All leaflets are available at: http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG10026616/Note that the role of the former DfES is now part of the Department for Children, Schools and Families, see http://www.dcsf.uov.uk/. The DfES publications listed below may be ordered from TSO, or through the DCSFDfES (2004a) Every Child Matters: Change for Children ProgrammeRef: DfES/1081/2004 http://www.everychildmatters.gov.uk.DfES (2004b) Working with Voluntary and Community Organisations to Deliver Change for Children and Young People.DfES (2004c) National Service Framework (NSF) for Children, Young People and Maternity ServiceDfES (2004d) Five Year Strategy for Children and Learners.DfES (2004e) Every Child Matters: Change for Children in Schools. Ref: DfES/1089/2004.DfES (2004f) Every Child Matters: Change for Children in the Criminal Justice System. Ref: DfES/1092/2004.DfES (2004g) Every Child Matters: Change for Children in Health Services. Ref: DoH/109l/2004.DfES (2006a) What to Do If You Are Worried That a Child is Being Abused. Norwich: TSO.DfES (2006b) Information Sharing: A Practitioner's Guide. Norwich: TSO.DfES (2006c) Working Together to Safeguard Children: A Guide to Inter-Agency Working to Safeguard and Promote the Welfare of Children. Norwich: The Stationery Office. Available for download at http://www.everychildmatters.gov.uk/workingtogether and from TSO.DH (2000) Framework for Assessment of Children in Need and their Families. Norwich: TSO.DH (2003a) Confidentiality: NHS Code of Practice. London: Department of Health.Disability Discrimination Act 1995 Code of Practice: Employment and Occupation. Issued on 1 October 2004. Norwich: TSO. See: http://www.tsoshop.co.uk. See also http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068.Disability Discrimination Act – Easy Read Guide; Disability Discrimination Act – BSL Video Guide; Discrimination Act – Braille Guide; Disability Discrimination Act – Audio Guide. London: The Stationery Office. All available from The Stationery Office (TSO) bookshop or online shop (http://www.tsoshop.co.uk).[Page 158]Disability Rights Commission Making Access to Goods and Services Easier for the Disabled: A Practical Guide for Small Business and Service Providers. London: Equality and Human Rights Commission. Available at: http://www.directgov.uk/en/DisabledPeople/EverydayLifeandaccess/Everydayaccess/DG_4018353.2003) Making Amends. NHS Consultation Paper. London: Department of Health. Available at: http://www.doh.gov.uk/makingamends.(Employment Rights: To download all the legislation and guidance as documents from the internet, see http://www.berr.gov.uk/whatwedo/employment/employmentlegislation/employment-act-2008/index.html. To read the guidance to the Employment Act 2008, go to http://www.opsi.gov.uk/acts/acts2008/en/ukpgaen_20080024_en_1.htm.Equal Opportunities Commission (2003) (2003) Code of Practice on Equal Pay. London: EOC. Available at http://www.equalityhumanrights.com/uploaded.../code_of_practice_equalpay.pdf.1979) ‘Psychotherapeutic injury: reshaping the implied contract as an alternative to malpractice’, North Carolina Law Review (58): 63–96.and (1999) Developing Counsellor Supervision. London: Sage. http://dx.doi.org/10.4135/9781446222324(Furmston, M. (ed.) (2007) The Law of Contract. Butterworths Common Law Series. London: LexisNexis Butterworths.2008) Practical Aspects of Setting up a Counselling Service. BACP Information Sheet EI. Lutterworth: British Association for Counselling and Psychotherapy.and (GMC (2004) Confidentiality: Protecting and Providing Information. London: General Medical Council. Also available at: http://www.gmc-uk.org/standards/default.htm.GMC (2006) Good Medical Practice. London: General Medical Council. Also available at http://www.gmc-uk.org.1984) ‘Carl Rogers' client-centered approach to supervision’, in R.Levant and J.Shilen (eds), Client Centered Therapy and the Person Centered Approach. New York: Praeger.and (1996) Supervision in the Helping Professions. Milton Keynes: Open University Press.and (Her Majesty's Courts Service (HMCS) publish a range of leaflets. These are available at http://www.hmcourts-service.gov.uk/Making a claim? Some questions to ask yourself (Leaflet EX301)How to make a claim (Leaflet EX302)Debt recovery for businesses (Leaflet EX350)Court Fees – do I have to pay them? (Leaflet EX 60A)No reply to my claim form – what should I do? (Leaflet EX304)The defendant disputes all or part of my claim (Leaflet EX306)The defendant admits my claim-I claimed a fixed amount of money (Leaflet EX309)The defendant admits my claim-I did not claim a fixed amount of money (Leaflet EX308)The small claims track (Leaflet EX307) The fast track and the multi track (Leaflet EX305)A claim has been made against me – what should I do? (Leaflet EX303)I have been asked to be a witness – what do I do? (Leaflet EX341)Some things you should know about coming to a court hearing. (Leaflet EX342)Money Claim On Line is also available at: http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm.Home Office (1966) Memorandum of Good Practice in Video Recorded Interviews with Child Witnesses in Criminal Proceedings. London: Home Office. Available from The Stationery Office.[Page 159]Home Office Circular 16/2005, Guidance on Offences Against Children. London: Home Office. Available from The Stationery Office.HM Revenue and Customs: 1Employment Status Indicator (ESI) Tool. London: Inland Revenue. Available at http://www.hmrc.gov.uk/employment-stauts/index.htm.HM Revenue and CustomsThinking of Working for Yourself? Booklet SE1. London: Inland Revenue. Available at http://www.hmrc.gov.uk/startingup/taxgate.htm.HM Revenue and CustomsEmployed or Self-Employed? Leaflet IR56. London: Inland Revenue. Available at http://www.hmrc.gov.uk/pdfs/ir56.pdf.HM Revenue and CustomsGiving Your Business the Best Start with Tax: Advice and Assistance on Business Start-up. London: Inland Revenue. See http://www.hmrc.gov.uk/startingup/.HM Revenue and CustomsAdvice and Assistance on VAT Registration, How and Where to Register, and Accounting Schemes to Simplify VAT Accounting. London: Inland Revenue. See http://www.hmrc.gov.uk/vat/index.htm?_nfpb=true&_pageVAT_HomeHM Revenue and Customs Helpline for the Newly Self Employed (Telephone 08459 15 45 15).1997) Time Limited Therapy in a General Practice Setting. London: Sage.(2003) (updated by Denise Chaytor) Personal Safety for Practitioners Working in High Risk Environments and with High Clients. BACP Information Sheet G5. Lutterworth: British Association for Counselling and Psychotherapy.(Jacobs, M. (ed.) (1996) In Search of Supervision. Buckingham: Open University Press.2007) Dual Roles. BACP Information Sheet G3. Lutterworth: British Association for Counselling and Psychotherapy.(2002) Legal Issues in Counselling and Psychotherapy. Ethics in Practice Series. London: Sage.(2007) Counselling, Psychotherapy and the Law. London: Sage. http://dx.doi.org/10.4135/9781446211335(2004) Psychotherapy and the Law: Questions and Answers for Counsellors and Therapists. London: Whurr.and (1989) Handbook of Psychiatry and the Law. London: Year Book Publishers.(2003) The Victoria Climbié Inquiry: Report of an Inquiry by Lord Laming. Norwich: TSO.(Mason, J. and Laurie, G. (eds) (2006) Mason & McCa11 Smith's Law and Medical Ethics (7th edn). Oxford: Oxford University Press.2004a) How Much Supervision Should You Have?Lutterworth: British Association for Counselling and Psychotherapy.(2004b) (updated by Gabrielle Syme) Counselling and Psychotherapy Workloads. BACP Information Sheet G4. Lutterworth: British Association for Counselling and Psychotherapy.(2009) ‘Safeguarding vulnerable groups’, Therapy Today20(9): 26–30.(2005) Professional Aspects of Setting Up a Counselling Service. BACP Information Sheet P1. Lutterworth: British Association for Counselling and Psychotherapy.(2007) The Law of Tort. London: Butterworths.(1991) ‘Malpractice in verbal psychotherapy: problems and some solutions’. Forensic Reports4: 309–336.and (1998) Supervising the Counsellor. London: Routledge.and (2006) Care Standards Legislation Handbook. Bristol: Jordan Publishing.(Powers, M. and Harris, N. (eds) (2000) Clinical Negligence (3rd edn). London: Butterworths.1986) ‘Supervision: a co-operative exercise in accountability’, in M.Marken and M.Payne (eds), Enabling and Ensuring: Supervision in Practice. Leicester: National Youth Bureau.([Page 160]2003) in Medeconomics November: 2.(The Scottish Executive (2003) It's Everyone's Job to Make Sure I'm Alright: Report of the Child Protection Audit and Review. Edinburgh: Scottish Executive. Available at http://www.scotland.gov.uk/library5/education/iaar.pdf.The Scottish Executive (2004a) Protecting Children and Young People: The Charter. Edinburgh: Scottish Executive. Available at http://www.scotland.gov.uk/library5/edicatopm/ecel.pdf.The Scottish Executive (2004b) Protecting Children and Young People: The Framework for Standard. Edinburgh: Scottish Executive. Available at http://www.scotland.gov.uk/about/ED/CnF/00017834/page142392928.pdf.The Scottish Office (1998a) Protecting Children: A Shared Reponsibility. Guidance on Inter-Agency Co-operation. Available at http://www.scotland.gov.uk/Topics/People/Young-People/children-families/17834/14723.The Scottish Office (1998b) Protecting Children: A Shared Reponsibility. Guidance for Health Professionals in Scotland. Available at http://www.scotland.gov.uk/Topics/People/Young-People/children-families/17834/14723.Sills, C. (ed.) (2006) Contracts in Counselling and Psychotherapy (2nd edn). London: Sage.2008) Tolley's Employment Handbook. London: LexisNexis.(2008) Assessment in Counselling and Psychotherapy. BACP Information Sheet P13. Lutterworth: British Association for Counselling and Psychotherapy.(Trading Standards (2008) Trading Standards Guidance on the Consumer Protection from Unfair Trading Regulations 2008. Available at: http://www.tradingstandards.gov.uk/.More detailed information is available through your local trading standards service website. To find your local service use the postcode search on the website above.For personal help with a problem within the UK you can call Consumer Direct on 08454 040506 (minicorn users 08451 281384) or visit the Consumer Direct website at http://www.consurnerdirect.gov.uk.If you are a UK consumer having a problem with a trader based in a difference European country the there is a special service offering advice and support, the UK European Consumer Centre (UK ECC) at http://www.ukecc.net, which is hosted by the Trading Standards Institute.2008) Tarasoff and the Duty to Warn Third Parties. London: Department of Forensic Psychiatry, Institute of Psychiatry. Available at http://pb.rcpsych.org/cgi/reprint/21/8/465.pdf (accessed 26/11/09).and (1963) Learning the Law. London: Stevens & Sons.(