On Giving Notes to The Police

From the National Council for Hypnotherapy discussion board

E~ Hi everyone.

I have been in practice for over 5 years. A recent client came to me to deal with a weight issue. During discussions, it transpired that she had recently found the courage to report sexual abuse that happened in her childhood. 

During a regression session, one of the SEE's related to the abuse. As always, I kept my language clean and made notes on what she experienced and my responses.

I have now been contacted by the police investiaging the abuse asking for my notes. the client has given her permission for the police to see them, so I will be handing them over. However, I wonder if anyone has any experience of this? What do I need to know? I would be really interested to hear other therapists' experiences.

Thanks!

E~

Barry Thain Hi E~

This is not simply an issue of whether the patient grants you consent to hand your notes over and breach your duty of confidentiality. They are your notes and there are many reasons why you may not wish to hand them over willingly.

You may not want to prejudice the on-going treatment of your patient. What happens to notes about anything else that comes out in future? Does the same consent exist by default? Do you need to check on a session by session or detail by detail basis?

You may not want to get involved in a case against against a potentially innocent defendant. 

You may not want not want people who were not involved in the therapeutic process questioning your methods of work: like why you were doing a regression to infancy for adult weight loss?

You may not want to unwittingly undermine your patient's case (by throwing regression into the ring and opening the door to all manner of defence protestations about leading questions and implanted memories. (Of course the language was 'clean' but do you really want to have to go and defend that?)

You must also consider whether you can remain the patient's therapist once you are involved in her case.

I have faced this situation twice. I decided that my job was to be a therapist and that I would not become part of a patient's legal process unless I was compelled to (by subpoena). 

I'm not sure that helps but, as ever, I hope so.