This BACP information sheet aims to assist therapists to:

• Understand the principles upon which client confidentiality arises
• Identify situations where confidentiality may need to be breached
• Identify situations where legal or other professional advice should be sought and which advice would be appropriate
• Make appropriate decisions concerning breaching confidentiality which are within the law and comply with BACP’s Ethical Framework for Good Practice in Counselling and Psychotherapy (BACP 2010)

The legal basis for confidentiality in counselling
Legal rights to confidentiality are enforceable by legal orders eg injunctions or actions for breach of contract, damages, orders for compensation.

1. Common law (decisions made by the courts) which imposes a duty of confidentiality where information is disclosed in confidence or in circumstances where a reasonable person ought to know that the information ought to be confidential. It is not an absolute duty but is based on the balance of public interest in protecting confidences (A-G v Guardian Newspapers Ltd (No 2) [1990] AC 109 [1988 3 All ER 477)

2. Statutory provisions (eg Data Protection Act 1998, Human Rights Act 1998 Article 8 – right to private life, etc; see list at the end of the information sheet)
3. Contracts ie between:

• therapist and client
• therapist and supervisor
• therapist and agency/organisation
• therapist/agency/statutory bodies

The practice basis for confidentiality in counselling
These rights are enforceable by complaints, disciplinary proceedings, and in the case of actions by public bodies, possibly legal action for judicial review of administrative or other actions challenged.


1. Professional Practice values, principles and guidance eg the Ethical Framework (BACP 2010: 2–10)
2. Professional Conduct Procedures eg the Ethical Framework (BACP 2010: 11–17)
3. Agency and organisational practice guidance and codes of conduct. For someone with a grievance over confidentiality, these procedures often involve less financial risk than court proceedings and sometimes the outcomes from a disciplinary hearing are more likely to prevent a repetition by the therapist.

BACP members can access the full information sheet ‘Breaches in confidentiality’ by logging into www.bacp.co.uk. 

Non-members of BACP can purchase online at the BACP bookstore