Overview

This bill aims to regulate the professions of counsellors and psychotherapists in England and Wales, making the Health and Care Professions Council (HCPC) their regulatory body. It also seeks to ban conversion therapy practices and establish a code of conduct for registered practitioners.

Description

The bill introduces several key provisions:

• Regulation of Counsellors and Psychotherapists: The HCPC becomes the regulatory body, overseeing registration, qualifications, and a code of conduct for counsellors and psychotherapists. This includes setting standards for qualifications, maintaining a register of practitioners, and handling complaints.
• Conversion Therapy Prohibition: The bill criminalizes the practice or offer of conversion therapy—defined as any attempt to change a person's sexual orientation or gender identity or suppress its expression. This is only applicable in England and Wales.
• Registration and Offences: It makes it an offence to falsely claim to be a counsellor or psychotherapist or to use a title suggesting this without being registered with the HCPC. This also applies to England and Wales only.
• Code of Conduct: A code of conduct for registered practitioners will be established, prohibiting actions like grooming, sexual activity with clients, coercive control, and mandating evidence-based therapy. This code includes provisions for investigation and potential disciplinary action, including removal from the register. The Bill specifies automatic permanent removal from the register for breaching sections of the code relating to grooming, sexual activity and coercive control.
• Rules and Commencement: The bill allows for the creation of rules, subject to Privy Council approval, governing details of registration and practice. The act will come into force six months after it is passed, although the specific timing of sections 2 and 4 is restricted to England and Wales. Sections 1, 3, 5, and 6, and the commencement clause apply to England and Wales, Scotland and Northern Ireland.

Government Spending

The bill doesn't specify any direct government spending figures. However, costs will be associated with the HCPC's expanded regulatory role, including staffing, administration, and enforcement of the new regulations. Further costs will likely be incurred in the investigation and prosecution of offences under the new law.

Groups Affected

• Counsellors and Psychotherapists: Will need to register with the HCPC and adhere to the new code of conduct. Failure to comply can lead to fines or removal from the register.
• Individuals seeking counselling or psychotherapy: Will benefit from increased protection through regulation and the prohibition of harmful conversion therapy. Access to a register of qualified and registered practitioners will also be improved.
• Individuals who undergo or offer conversion therapy: The practice of conversion therapy will become a criminal offence in England and Wales.
• The Health and Care Professions Council (HCPC): Takes on the expanded responsibility of regulating counsellors and psychotherapists.
• Law enforcement agencies: Will be responsible for enforcing the prohibition of conversion therapy and related offences.

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