Source · Select Committees · Home Affairs Committee
Recommendation 28
28
Rejected
Paragraph: 152
Ask Law Commission to publish early recommendations on pre-trial therapy and disclosure of notes.
Recommendation
We welcome the fact that the Law Commission’s project will be covering access to counselling and therapy notes and records. However, we are concerned that, as the Law Commission will not be reporting until summer 2023, victims and survivors could be left without the mental health support they need for longer than is acceptable. We recommend that the Government ask the Law Commission to publish separate recommendations on pre-trial therapy and the disclosure of counselling and therapy notes at an earlier stage in their project, preferably by the end of this year.
Government Response Summary
The government rejected the recommendation to ask the Law Commission to publish separate recommendations on pre-trial therapy and disclosure earlier, stating that the legally complex area requires extensive consultation and time for the comprehensive review.
Paragraph Reference:
152
Government Response
Rejected
HM Government
Rejected
We recognise the importance of ensuring that only evidence about the victim pertinent to the case is used at court. That is why the Ministry of Justice asked the Law Commission to conduct a landmark review of the use of evidence in sexual offence cases. This is a legally complex area with many different views to consider. The Law Commission needs time to consult widely and gather the necessary evidence to understand all of the options before making any proposals. We will be working closely with the Law Commission as their findings become clear and will look to see whether any steps can be taken in advance of the final publication to address this issue.