Regulation of psychotherapists and counsellors - Mind

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the fitness to practice of potential psychotherapists and counsellors by providing a clear, single register to check against. This is particularly important as people tend to access these services at a time of crisis or emotional distress and may be in a very vulnerable position. As a result, they might not feel able to navigate the various registers and codes of practice currently in existence in order to comprehensively investigate the credibility of potential therapists. Ultimately, there is no system that will guarantee safety for the public but it is imperative that the utmost is done to protect the public as much as possible. Mind believes that statutory regulation is a step towards this goal. Simplifying the process The complaints procedure against psychotherapists and counsellors can be complicated to navigate due to the large number of associations of psychotherapists and counsellors. There is no standardised process and the impact of rulings is not consistent. Any regulatory system should make it as easy as possible for the service user and/or carer to alert the relevant authorities to suspected malpractice. Statutory regulation will simplify this process by making it clear across all psychotherapy and counselling services who to make a complaint to, how it will be dealt with and what the various outcomes could be. This increased clarity should better enable service users who feel they have to make a stand against any abuse. Independent regulation The fact that complaints are currently dealt with by professional bodies can discourage service users from voicing their concerns. This is due to a perception, rightly or wrongly, that self-regulation by the professional body will be prejudiced against service users because of their inherent interests in the profession’s reputation and he needs of its members. Statutory regulation would ensure that the regulatory body is independent of the profession it regulates. This independence should lead to more service users feeling confident that their complaint will be fairly assessed and encouraged to take action. Advocacy and support for service users At present there is a lack of comprehensive advocacy and support for service users because the complaint procedure is dealt with through professional associations. Professional associations can be placed in a position where they feel unable to provide thorough support to a service user. They may be unwilling to look biased toward one side or could be seen to not want to actively help service users dent the reputation of their profession. Even if an association is eager to provide a service user with the advocacy and support necessary, the service user may not choose to access this support due to a suspicion that the association will favour the testimony of colleagues. Training and professional development At present, there are no set standards for working as a psychotherapist or counsellor. This leaves the public vulnerable to treatment from those without adequate qualifications. It also risks undermining the credibility of the psychotherapy and counselling professions. Statutory regulation will ensure that all psychotherapists and counsellors attain a certain standard of training. Not only will this benefit service users – ensuring that all professionals are proficient in the skills required for the treatment they are giving – but it will also provide psychotherapists and counsellors with a clear benchmark of exactly what training they need to attain in order to practice. To ensure that this benchmark is respected, it will be important for the qualification standard to be set at an adequate level – statutory regulation must not lead to a lowering of standards. The regulatory body proposed for psychotherapists and counsellors, the HPC, links professional development with re-validation of registration. This ensures that not only are professionals meeting a certain benchmark of entry-level qualifications, they also develop
their abilities and keep up-to-date with developments. Such a process will help provide a high standard of treatment for all service users; actively help professionals to develop their portfolio; and enhance the reputation of the profession itself. Maintaining innovation and creativity There is some concern within the psychotherapy and counselling professions that statutory regulation will hinder the therapeutic process through the prescription of rigid practice methods. In particular, there is a worry that the National Occupational Standards currently being developed for these professions will be conflated with statutory regulation. Furthermore, some also argue that psychotherapy and counselling are inherently ‘risky’ professions and cannot be regulated at all. The HPC has emphatically stated that the National Occupational Standards will in no way be related to the statutory regulation of psychotherapists and counsellors. Instead, the standards of conduct, performance and ethics to be used for statutory regulation will be drawn up in generic terms that focus on broad issues such as respecting the confidentiality of service users and keeping professional knowledge and skills up to date. As such, we are confident that the ability of both psychotherapists and counsellors to continue their creativity and individualised methods of practice will not be affected by statutory regulation. Regarding the inability to regulate ‘risky’ professions, there is nothing to say that psychotherapy or counselling is any more or less risky than other professions already regulated by the HPC. For example, paramedics and arts therapists are regulated by the HPC and both professions carry their own particular risks. Diversity The HPC should ensure that the registration fee for the register of psychotherapists and counsellors is not financially prohibitive. It is essential that the variety of psychotherapists and counsellors is maintained and developed in order to best serve an increasingly diverse community. At present, due to the voluntary nature of current psychotherapist and counsellor registers, there is no financial barrier to practicing these professions once a person is trained. This has enabled voluntary organisations to offer free or discounted services and volunteer psychotherapists and counsellors to practice. However, if the registration fee for the statutory regulated register is set too high these low cost or volunteer run services could be threatened. The HPC should ensure that the registration fee for the register of psychotherapists and counsellors is not financially prohibitive. In addition to maintaining the diversity of these professions, we would also welcome initiatives that aimed to increase the diversity of psychotherapists and counsellors in light of statutory regulation. The standardisation of training requirements may make it easier for the Government to create funding schemes for people wishing to train in these professions. Lowering the financial barrier to training should help to increase the diversity of psychotherapists and counsellors. Service user involvement To date there has been very little involvement of service users in the process of developing statutory regulation for psychotherapists and counsellors. This must change as a matter of urgency to ensure that the views and needs of service users are properly taken into account when the statutory regulations are set. Service users are experts by experience and will have a specialised perspective on the issue. Ultimately, the priority of statutory regulation is to best serve the interests of service users and it follows that they should play a key role in process.
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Regulation of psychotherapists and counsellors - Mind

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