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POLICY ON CLINICAL RECORDS
AND LEGAL REQUESTS

This policy explains how The Echo Society manages clinical records, Subject Access Requests, and legal documentation.

1. Purpose and Scope

This policy outlines The Echo Society’s position on the provision, release, and use of clinical records, reports, and practitioner involvement in legal or court‑related proceedings. It applies to all counsellors, supervisors, and administrative staff working within The Echo Society’s counselling service.

This policy applies to all counsellors working with The Echo Society, including self‑employed practitioners, and supersedes any conflicting terms in individual practitioner contracts for work undertaken under The Echo Society.

2. Therapeutic vs. Forensic Remit

The Echo Society provides specialist trauma‑informed counselling for adults affected by narcissistic abuse and coercive control, and other forms of relational harm.  Our practitioners are trained in therapeutic support and psychoeducation. We do not offer forensic assessment, expert witness services, or legal evaluation.

Clinical records are created solely to support the client’s therapeutic process. They are not designed for legal scrutiny and are not suitable for use as evidence in court or legal proceedings.

 

2a. Support vs. Legal Advice

The Echo Society provides therapeutic support and psychoeducation to help adults affected by narcissistic abuse, coercive control, and other forms of relational harm. Our role is to support emotional recovery and wellbeing, not to provide legal advice. Our counsellors cannot act as expert witnesses or offer formal assessments for DWP, housing, or legal proceedings. If you need documentation for legal, housing, or benefit‑related matters, we recommend seeking support from a specialist legal or advocacy service.

3. Provision of Reports and Documentation

The Echo Society does not provide:

  • Expert witness testimony

  • Forensic or psychological reports for Family Court or civil proceedings

  • Assessments for custody disputes

  • Letters confirming abuse for legal standing

  • Documentation for DWP, housing applications, or immigration cases

  • Statements for solicitors or legal representatives

 

3a. Supportive Letters for Practical Purposes

The Echo Society may, at its discretion, provide brief, factual letters for practical purposes (for example, university extensions, housing stability requests, or workplace adjustments). These letters are intended to support clients in managing day‑to‑day pressures and will strictly confirm the client’s engagement with our service. They are based solely on the client’s self‑reported circumstances.

These letters will not include clinical opinions, diagnoses, assessments, or confirmation of abuse. The Echo Society does not provide letters intended for legal, forensic, or evidential use.

Our counsellors cannot write letters that interpret, confirm, or validate allegations of abuse, nor can they provide opinions on legal matters.

4. Subject Access Requests (SARs)

Under the Data Protection Act 2018 and UK GDPR, clients may request access to their personal data.

When responding to SARs:

  • Clinical notes may be released only in accordance with legal requirements

  • Notes may be redacted to protect third parties or prevent harm

  • Clients will be informed that clinical notes are not written for legal use and may not support legal aims

  • Practitioners will not rewrite, interpret, or expand upon notes for legal purposes

 

Requests for clinical notes made for the purpose of providing them to a solicitor or for use in legal proceedings will be treated as Subject Access Requests and processed in accordance with UK GDPR.

In line with the Data Protection Act 2018, all third‑party identifying information will be redacted before release. Redaction may include names, identifying details, or any information that could reasonably identify another individual.

In line with the Victim Information Request Code of Practice (2026), The Echo Society recognises the enhanced legal protections for counselling records in cases of sexual violence and domestic abuse. We will actively challenge any request for records that does not meet the high threshold of being necessary, proportionate, and authorised at the required senior level.

5. Court Orders and Subpoenas

The Echo Society will only release records or attend court when legally compelled to do so by a valid court order issued by a judge.

In such cases:

  • We will notify the client where legally permissible

  • We will release only the information required by law

  • We will take all reasonable steps to protect client confidentiality

  • Practitioners will not provide opinions, interpretations, or commentary beyond the factual content of the records

If compelled to attend court, practitioners will provide factual information only and will not offer opinions, interpretations, diagnoses, or assessments.

6. Practitioner Protection

This policy protects counsellors from being placed in dual roles or pressured into providing legal opinions outside their professional remit. All legal‑related requests must be referred to the data protection lead, who oversees all decisions relating to the release of clinical information.

 

7. Recording of Sessions

The Echo Society maintains a clear policy regarding the recording of sessions to protect the privacy of both clients and practitioners and to ensure a safe, open therapeutic space.

Unauthorised Recording: Recording sessions without prior agreement is not permitted and is considered a breach of the therapeutic agreement.

Use of Recordings: Any recording made with prior agreement is for personal use only. Recordings must not be shared, published, or used in legal, forensic, or adversarial proceedings.

If Recording Occurs Without Agreement: If an unauthorised recording is discovered, The Echo Society may end the counselling relationship to protect the safety and integrity of the therapeutic work.

Clinical Need: We recognise that some clients may wish to record sessions to support memory, grounding, or emotional regulation. If you feel you have a clinical need to record, this must be discussed with your counsellor and agreed in writing before any recording takes place.

8. Review

This policy will be reviewed annually, or sooner if required by changes in legislation or professional standards.

If you have any questions about this policy or how it applies to your situation, you’re welcome to contact us for clarification.

The Echo Society (limited by guarantee).

Registered Company Number: 10330786.

 Registered Address:

71–75 Shelton Street

Covent Garden London WC2H 9JQ

© 2025 The Echo Society. All rights reserved.

 Our Policies & Procedures: Access our comprehensive policies and procedures for more detailed information.

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