THE STATUTORY REGULATION OF PSYCHOTHERAPISTS AND COUNSELLORS
CONSULTATION ON THE RECOMMENDATIONS OF THE PSYCHOTHERAPISTS AND COUNSELLORS PROFESSIONAL LIAISON GROUP

This consultation is now closed.

The Health Professions Council is consulting on the statutory regulation of counsellors and psychotherapists. In order to influence the recommendations as much as possible we are encouraging all members to send in a response to consultation.

To assist members to make their responses to the Health Professions Council (HPC), listed below are the questions being consulted on by the HPC including where possible BACP's position on the various parts of the consultation. You should add to these your own views, which you can also send to BACP to help us formulate our comprehensive response to the HPC.

When responding to this consultation, as well as using the information below, wherever possible try and back up your point by adding information on:

• Your own personal experience as a practitioner
• How this will impact upon you
• What will be the impact on your service?
• If you work within the NHS what will the impact be on your grading in Agenda for Change
• How will this affect patients and the care they receive?

This will add weight and individuality to your response.

You can find the full consultation by clicking here or by following this link: http://www.hpc-uk.org/assets/documents/10002AEBConsultationpaperonpsychotherapistsandcounsellors.pdf

This includes details on where to send your response, which can also be found at the end of this document. We would also be grateful if you could send a copy to us at BACP via: hpcconsultation@bacp.co.uk with HPC Consultation in the subject line.

You do not need to answer all of the questions for your comments to be of value. Your responses will still be considered, both by BACP and HPC, irrespective of the number of questions you provide feedback on.

CONSULTATION QUESTIONS

Question 1: Do you agree that the Register should be structured to differentiate between psychotherapists and counsellors? If not, why not?

• BACP's position has consistently been that there is no difference between counselling and psychotherapy. In terms of role, value and effectiveness, we believe that each occupational area has equal value.
• Many of our members use these terms interchangeably depending on the environment they are working in. Indeed, BACP's research committee which comprises international scholars of counselling and psychotherapy were unable to differentiate between the two on the basis of evidence.

Question 2: Do you agree that the Register should not differentiate between different modalities? If not, why not?

• It is doubtful that titles which distinguish particular theoretical approaches or ‘modalities' are of as great importance to the public as they are to practitioners of the different branches of therapy.
• One reason for BACP's opposition to the protection of modality based titles is its illogicality. How many sections would the Register have? What would be the criteria for the acceptance of a title? How would the discipline legally develop new effective approaches? How would the current interchange between different theoretical approaches by recognised? Would those qualified in more than one theoretical orientation have to register with more than one section within the Register? Presumably there would be no regulation of practitioners using non registered titles?
• BACP does not support separate registers for different modalities because this would carry the danger of ‘fossilising' the modalities by making the constant process of cross-fertilisation that currently happens more difficult. Regulation by modality would reduce creativeness and development within the field, by preventing new modalities from becoming recognised.
• We also feel that this would be logistically very difficult to implement and would confuse the public.

Question 3: Do you think that the Register should differentiate between practitioners qualified to work with children and young people and those qualified to work with adults? If yes, why? If not, why not?

• BACP does not support the differentiation between practitioners qualified to work with children and young people and those qualified to work with adults.
• There are currently many professional development routes for people to specialise in working with children and / or young people and can be done through continuing professional development, after earning an existing qualification. There is no evidence that any one route into this specialisation is more effective than any other.
• To differentiate at the stage of going on to the register could lead to a significantly reduced workforce; leaving this sector without enough trained counsellors and psychotherapists to deal with the existing need.

Question 4: Do you agree that ‘psychotherapist' should become a protected title? If not, why not?

• BACP agrees that psychotherapist should become a protected title.

Question 5: Do you agree that ‘counsellor' should become a protected title? If not, why not?

• BACP agrees that counsellor should become a protected title.

Question 6: Do you agree with the approach to dual registration outlined in the report? If not, why not?

• BACP recognises that the regulation of counsellors / psychotherapists means that some professionals who are already registered in other professions, for example psychologists, nurses, may be required to be dual registered.  However, our position is that if a professional is working in both professions, and using protected titles, they should be required to register again.

Question 7: How appropriate are the draft criteria for voluntary register transfers?

• Regulation with HPC is at a minimal level; it is for when people complete their training and are beginning their first job. HPC therefore looks to transfer people from registers which are at, or above, this level. Our Board of Governors is considering the position of BACP in relation to this standard as the HPC requirement is below the current standard for UKRCP (United Kingdom Register of Counsellors / Psychotherapists) registration (namely to be a BACP accredited counsellor / psychotherapist).

Question 8: Do you have any comments on the outline process for identifying which transfers should transfer?

• BACP believes that all its accredited courses should be accepted qualifications for the voluntary register
• Members may wish to read this section in more detail and add their own comments and views.

Question 9: What evidence might an organisation holding a voluntary register provide in order to support their submission?

• Members may wish to read this section in more detail and add their own comments and views.

Question 10: Do you agree that the grandparenting period for psychotherapists and counsellors should be set at two years in length?

• BACP originally supported the view that the grandparenting period should be for three or four years. Counselling and psychotherapy training is usually undertaken on a part time basis over a period of three to four years. The grandparenting period must therefore be long enough to enable students who begin training as the register opens to complete that training.
• Members should consider if they think that two years is a long enough period and comment as such.

Question 11: Do you think that the standards support the recommendation to differentiate between psychotherapists and counsellors?

• BACP believes there is no difference between the work of counsellors and psychotherapists and rejects the totally arbitrary differentiations proposed.
• The proposals accept that the vast majority of standards (49) are common to both counsellors and psychotherapists with just three applicable specifically to psychotherapists and a further two relevant only to counsellors. BACP is strongly of the opinion that to separate two professions that have been accepted as so alike in practice, on the basis of five uninformed standards is unacceptable.
• We also reject the view that all psychotherapists are trained and therefore equipped at the point of registration to deal with severe and enduring mental health problems. Some are, however, this is not standard. Equally some counsellors are trained and therefore equipped to deal with these more severe conditions.

Question 12: Do you think the standards are set at the threshold level for safe and effective practice? If not, why not?

• BACP believes that the proposed standards for psychotherapists could put clients / patients at risk.
• There is no evidence to suggest that all current training courses for psychotherapists cover dealing with people with severe and enduring mental health problems. Therefore regulating the title with this standard of proficiency is inappropriate.

Question 13: Are the draft standards applicable across modalities and applicable to work with different client groups?

• BACP agrees that the common standards for counsellors and psychotherapy are suitable across modalities and client groups.
• If members have a different opinion to this, BACP would be interested to know your view to assist and inform our response to the HPC.

Question 14: Do you think there are any standards which should be added, amended or removed?

• The standards differentiating counselling and psychotherapy should be removed. Especially those relating to psychotherapists and their ability to work with severe and enduring mental health problems.
• If differentiating standards are to continue, we urge the HPC to re-examine these and come up with an alternative to that proposed.
• If members think there should be differentiating standards, BACP would like to know what you think these should be so that we can assess them to be put forward to the HPC for consideration.

Question 15: Do you agree that the level of English language proficiency should be set at level 7.0 of the International English Language Testing System (IELTS) with no element below 6.5 or equivalent?

• BACP has no position on this. If members are interested in this they should put their views forward to the HPC.

Question 16: Do you agree that the threshold educational level for entry to the Register for counsellors should be set at level 5 on the National Qualifications Framework? If not, why not?

• When considering this question, it is important to remember that this consultation is about the future of counsellor training, and doesn't impact upon the qualifications of our existing members.
• It is on this basis that BACP believes the counsellors of tomorrow should be trained to a level 6 qualification.

Question 17: Do you agree that the threshold educational level for entry to the Register for psychotherapists should be set at level 7 on the National Qualifications Framework? If not, why not?

• Given the general standards of proficiency required for counselling and psychotherapy are identical, BACP does not believe that the title of psychotherapist supports the case for a higher level of qualification. For that reason we believe that level 6 should be the entry level for psychotherapists.
• It should be noted that, approximately 60% of current psychotherapy courses offer no academic award whatsoever.

Question18: Do you have any comments about the potential impact of the PLG's recommendations and the potential impact of statutory regulation?

• If regulation goes ahead as being consulted upon, those on the psychotherapy register will not be able to work as a counsellor unless they retrain, despite being qualified for the position and holding the vast majority of the listed standards of proficiency.
• It is therefore possible, that services that currently employ psychotherapists as counsellors will have to change their staff or amend contracts of employment . If they choose to keep employing those titled psychotherapists they will have to change their advertising and publicity at substantial cost to the service. Some third sector services may have to change their constitutions and negotiate such changes with the Charity Commission. Research evidence suggests that the public see counselling as more accessible and carrying less stigma than psychotherapy therefore a consequence of obliging services to include the term psychotherapy is likely to reduce access.
• If differentiated levels of training are approved service providers may choose to replace existing psychotherapists with counsellors who they will be able to pay less but will do the same work as those titled psychotherapists.

Question 19: Do you have any comments about the potential implications of this work on the future regulation of other groups delivering psychological therapies?

• BACP considers that the other groups have been addressed in the report, Extending Professional and Occupational Regulation: The Report of the Working Group on Extending Professional Regulation.

WHERE TO SEND YOUR RESPONSE

Statutory regulation of psychotherapists and counsellors consultation
Policy and Standards Department
Health Professions Council
Park House
184 Kennington Park Road
London
SE11 4BU

You may also email responses to consultation@hpc-uk.org or send a fax to +44 (0)20 7820 9684.

Also please send a copy to: hpcconsultation@bacp.co.uk