Therapy Notes

The IACP Calls for the End of the Use of Therapy Notes
in Legal Cases Involving Sexual Assault in Ireland

The Irish Association for Counselling and Psychotherapy, representing 6,500 therapists nationwide, stands with our colleagues in the Psychological Society of Ireland and other mental health professionals in expressing the view that the use of therapy notes in sexual violence court cases is harmful to survivors and should be stopped immediately.

Our members strongly feel that the therapy room should be a safe and private place where individuals have the right to speak freely and seek therapeutic support without the fear that their notes could later be subpoenaed and read aloud in court. The use of therapy notes in court cases undermines the core principles of trust and safety that define the therapeutic relationship.

Survivors of sexual violence often turn to therapy as a vital part of their recovery. Knowing that their personal disclosures could later be scrutinised in a courtroom setting creates an unsettling effect. Survivors may feel unable to speak openly, may self-censor in session, or may avoid therapy altogether. This fear is not hypothetical; it has been widely reported by our members and echoed across the mental health and advocacy communities.

Since its founding in 1981, the IACP has worked to uphold and promote the highest professional standards in counselling and psychotherapy and as Ireland’s largest professional body in the field, we are committed to best practice and to the safeguarding and enhancement of mental health across the country.

The IACP is concerned at the lack of legislative action, despite calls from survivors and the mental health community in recent months. The recent publication of a General Scheme for a Miscellaneous Provisions Bill by Minister Jim O’Callaghan, which includes the proposed removal of the Section 19A(17) waiver is noted. However, this proposal alone does not go far enough. Without comprehensive reform, the risk to client confidentiality remains unacceptably high.

The IACP welcomes the opportunity to meet with other concerned stakeholders and the Government to further discuss and to share our members’ experiences supporting clients dealing with this issue and to ensure that counselling and psychotherapy spaces remain protected, confidential, and client centred. They see first-hand the fear, silencing, and re-traumatisation caused by the threat of therapy notes being used in court. Their voices, and the voices of the survivors they support, must be heard.

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