Regulation FAQ - -Updated November 2009
Will counselling by regulated by the Government?
The current Government wishes to regulate counselling and has chosen the Health Professions Council (HPC) to accomplish this. The HPC regulates a number of health professions (e.g. chiropodists.) In addition, Skills for Health is developing standards for various types of counselling & psychotherapy (e.g. psychodynamic psychotherapy.)
Is there a consultation?
Yes – the deadline to respond was 16th October 2009 and the Society has responded. Our full response has been emailed to members. There will now be more consultations.
When could this happen?
STOP PRESS – NOVEMBER 2009: REGULATION DELAYED
The HPC has received unprecedented criticism in the form of 1000 responses to its consultation process. In addition, the BACP has been highly critical of most of the core proposals, and the UKCP has just elected, in a landslide, prominent anti-regulation campaigner Andrew Samuels as its Chair.
Also the Conservatives called a meeting of stakeholders this month in which the problems with current proposals were made clear. The Shadow Health Minister Ann Milton stated that she had received unprecedented criticism of the proposals.
The HPC has now delayed the process and promised a series of events and meetings to attempt to be more inclusive. With a Conservative Government likely, the proposals now look unlikely to come to fruition in anything like their current form and indeed could be set back for years. The original intention of regulating by 2012 is now impossible.
Is it popular?
It is obviously highly unpopular and controversial. The BACP in 2007 stated that 100,000 practitioners were against HPC regulation of counselling. Furthermore, 2 groups with petitions of several thousand practitioners have sprung up in opposition: the Alliance for Counselling & Psychotherapy, and the Coalition Against Over Regulation. The BACP has now been highly critical and the UKCP has elected an anti-regulation Chair. This said many practitioners (though not all) support regulation in principle.
What is the difference between the HPC role and that of Skills for Health?
The HPC is the regulator; Skills for Health is developing sets of standards which can be used to inform the regulator to develop the regulatory standards.
How will regulation happen?
The HPC will set up a register of counsellors and will then gain legal protection for certain *titles.* It’s possible that the title “counsellor” and/or “psychotherapist” will then only be used by someone on the register.
HOWEVER, the HPC states it will “wish to consider whether it is possible to protect the title “counsellor” or whether this title is so widely used in therapeutic settings that it could only be protected as part of an adjectival title.”
Currently, the recommendation to the HPC from its Professional Liaison Group (a group of professionals and lay people) is to protect the titles “counsellor” and “psychotherapist” and to differentiate between them – essentially making psychotherapist a more senior title.
However, this is highly unpopular and the Counselling Society and BACP have lodged strong objections to separating the titles. If titles are to be protected the Society feels that this should be limited to counsellors providing healthcare provision. In addition the make up of the PLG itself has been widely criticised.
What is an “adjectival title”?
An example might be “psychodynamic psychotherapist” or “mental health counsellor.”
Why might the HPC not regulate the title “counsellor”?
Because it is too widely used to be able to regulate properly, e.g. debt counsellor, stress management counsellor, relationship counsellor, health counsellor etc. However, the current recommendations from the PLG are to regulate the title counsellor. Also because in regulating psychologists it did not protect the title “psychologist”, only adjectival titles.
Won’t I just be able to practice talking therapies under a different title?
Yes – this is the flaw in protecting titles. You could describe yourself using any word that isn’t specifically protected and continue as normal, provided that you made sure that you weren’t misrepresenting yourself as an HPC counsellor. In practice this would mean differentiating yourself in your advertising and using a waiver. This information is no substitute for legal advice.
Where does regulation leave me as a CS member?
The HPC will “grandparent” existing counsellors and those on courses onto the state register. You will be able to apply to join the state register once we know the details and we will offer advice and support in making the transition. The Society will apply to the HPC for our register of members to be transferred over. If accepted this will also mean that accredited trainers are pre-registered with the HPC and provisionally approved.
What if I don’t want to be HPC registered?
The Society will respect your decision and will not transfer your details. You will have to opt in to be transferred.
Will I need a degree?
Not to call yourself a counsellor, no. Current recommendations are that counselling training should be Level 5 on the National Qualifications Framework so a Diploma will suffice. If the unpopular move to differentiate psychotherapy and counselling occurs then to call yourself a psychotherapist, you will need to have degree qualifications. (ironically though, there is no move to regulate the title psychoanalyst.)
Is the HPC trying to make standards tougher?
The HPC is there to regulate *minimum standards* - not maximum standards. “We want to make sure that any proposals are inclusive so that as many practitioners as possible can be regulated and it is important that the level we set is not aspirational in nature.” (HPC). The HPC knows that counsellors could simply change title and so rather than letting this happen, are keen to ensure that everyone can get on the register who is safe to do so.
Will I need to be accredited by this or that body to be state registered?
No – counselling regulation will be independent of any accreditation scheme of any professional body. You will only need, eventually, to be registered with the HPC. This said, professional bodies will still accredit training (often to higher standards than the minimum standards required by the HPC) and will have a host of benefits to joining, e.g. advertising your services and having someone to support you in a complaints process. Professional bodies may also have an initial role in providing their registers of members to the HPC.
It will be vital in the next few years to maintain professional body membership to ensure transfer to the state register and to act as your advocate during complaints to the HPC (your professional body will be your support system.)
What is the Society doing to prepare for regulation?
On your behalf we have met with the HPC as well as members of the Conservative shadow cabinet (as they will likely form the next Government.) We are reviewing all procedures and by the end of October will ensure that all Society documents and regulations comply with anticipated HPC requirements. We have actively participated in consultations and debate (we were mentioned 5 times in the previous HPC consultation.) We send a representative to all relevant HPC meetings. We have retained specialist regulation solicitors and a specialist Barrister to advise us if the need arises.
We will be keeping you informed of all major steps in counselling regulation in the future.
What does the Society think of regulation?
Please read our responses to the consultation which set the matter out in detail. Essentially we will be guided by our members.
The Counselling Society
