Prevent duty

The Prevent strategy was initially published by the Government in 2011 and forms part of the UK’s overall counter-terrorism strategy, CONTEST. The aim being to reduce the threat to the UK from terrorism by stopping people becoming radicalised as early as possible.

Since 2015 there has been a statutory duty on certain specified authority bodies to have "due regard to the need to prevent people from being drawn into terrorism" and to report incidents of risk to appropriate staff and organisations. This particular guidance affects those working in local authorities, education and healthcare settings. It also impacts on the parameters of confidentiality within private practice settings where there exists a duty of care to report issues linked to counter terrorism.

When BACP members work in an organisation which is a specified authority, (for example an NHS Trust) they will be subject to the Prevent duty. In these circumstances, members should comply with any relevant internal policies, procedures and guidance that may exist for the purposes of the specified authority’s compliance with its Prevent duty, including reporting obligations.

If a member is unsure whether this applies to them, they should speak to their employer to understand what duties exist and how they apply to them.

All BACP members must at all times act in accordance with the expected ethical principles, values and professional standards of BACP membership. The BACP Ethical Framework recognises that in exceptional circumstances, the need to safeguard clients or others from serious harm, may require a member to override client wishes and confidentiality. This may be relevant where a matter arises which relates to the prevention of terrorism.  

Terrorist Act 2000

The Prevent duty is distinct from the obligations that may arise under the makes it a criminal offence for a person to fail to disclose, without reasonable excuse, any information which s/he either knows or believes might help prevent another person carrying out an act of terrorism or might help in bringing a terrorist to justice in the UK.

Designated individuals

It's a criminal offence for a person to deal with funds or economic resources belonging to, owned or held by a designated individual or entity. It's also a criminal offence to make funds, economic resources or financial services, available directly or indirectly, to or for the benefit of a designated individual or entity.

A designated individual or entity is an individual, organisation or group which faces financial restrictions in the UK, as they are suspected (for interim designation) or believed (for final designation) to be someone who commits, prepares or instigates or facilitates the commission of acts of terrorism, provides support or assistance to terrorists, or is owned or controlled by someone who does.

The Office of Financial Sanctions Implementation (OFSI) publishes a list of those subject to financial sanctions imposed by the UK which it keeps updated.

If you believe you are transacting with a designating individual, please see the Financial sanctions guidance from HM Treasury.

More information