Expert Witness Journal Dec 24 - Journal - Page 31
Statutory Regulation of
Psychotherapists and Counsellors:
Challenges and Considerations
by Shannett Thompson, Partner and Zoe Beels, Trainee Solicitor at www.kingsleynapley.co.uk
Many healthcare professions in the UK are statutorily
regulated, meaning practitioners must meet defined
standards of education, training, and conduct to use
their professional titles and provide services. This
statutory framework also grants regulatory bodies,
such as the General Medical Council (GMC) and the
Health and Care Professions Council (HCPC), disciplinary powers to address allegations of professional
misconduct.
statutory regulation. Campaigners are set to meet with
MPs in December to discuss potential legislation.
Of course, incidents like this are not reflective of the
wider profession, and those who work hard to uphold
the standards expected of professionals, but it begs the
question as to whether mandatory statutory regulation would move the dial forward on public safety.
Experts have also raised concerns about the lack of
oversight. Professor Dame Til Wykes of King’s College London warned about the proliferation of unregulated online mental health platforms, many of
which lack rigorous evaluation or controlled trials.
Similarly, Lisa Morrison Coulthard, Director of Professional Standards at the BACP, criticised the rise of
"influencer therapists" sharing potentially harmful
content. With rising demand for therapeutic support,
she stressed the need for access to qualified professionals offering appropriate therapies.
Perhaps surprisingly, the roles of psychotherapists and
counsellors remain largely unregulated, leaving these
professions outside the frameworks that govern other
healthcare practitioners.
Definitions
According to the British Association for Counselling
and Psychotherapy (BACP):
l A psychotherapist works with individuals, groups,
or families to explore deep-seated issues, often
through long-term, intensive therapy. The role is
grounded in helping clients achieve insight and
change by addressing underlying psychological
concerns.
MPs, including Labour's Chris Webb, have called for
statutory regulation. Webb, who will be an officer on
the all-party parliamentary group on mental health,
stated that statutory regulation of psychotherapists
and counsellors would be a top priority. Drawing from
personal and professional experience, he highlighted
that while some unregulated therapists may have
good intentions, they often lack the necessary training, making regulation essential to protect vulnerable
individuals.
l A counsellor offers a more focused and often
shorter-term approach, providing a safe and supportive environment for individuals to discuss specific
challenges and develop coping strategies.
Current Regulatory Framework
Oversight of these professions primarily relies on voluntary bodies. Organisations such as the BACP and
the UK Council for Psychotherapy (UKCP) uphold
professional standards through membership criteria
and codes of practice. Many practitioners choose to
register with these bodies to access training and
educational resources and to lend credibility to their
services.
Push for Regulatory Scrutiny
The adequacy of the current regulatory framework
has come under increasing scrutiny recently.
Regulatory Implementation Considerations
The introduction of statutory regulation for
psychotherapists and counsellors undoubtedly presents significant challenges. A previous attempt in
2010 to regulate the profession through the HCPC
failed due to legal challenges. Experts, including Professor Andrew Samuels, the former Chair of the
UKCP, caution that rushing into regulation could divide the profession, which has only recently achieved
fragile unity through the Professional Standards Authority (PSA). Instead, he advocates for a national
campaign to inform the public that they should only
work with therapists listed with a PSA-accredited
register.
In June 2023, Ella Janneh successfully sued TV "sex
therapist" Michael Lousada for a significant sum, alleging rape and sexual assault at his London clinic
under the guise of a "therapeutic technique." Since a
number of others have made similar claims of abuse
by therapists – in part leading to a campaign for
Key regulatory challenges include defining the scope
of therapeutic practices and deciding which titles
should be protected. Experts like Philippa Smethurst,
a senior accredited member of BACP, argue that psychotherapy, with its established training pathways, is
easier to regulate than counselling, where training
However, this voluntary system allows practitioners to
operate without mandatory registration, arguably
leaving significant gaps in professional accountability.
EXPERT WITNESS JOURNAL
29
DECEMBER 2024
