SAR to Child’s Counsellor

[DalmatianDog]

Hi.
My child (age 6) was referred by school to a councillor to help with her self-esteem however I believe mum is using the councillor as a tool to cover her paternal alienation with the aim of the councillor writing a report that she can present to the court. Therefore, I have concerns that what my daughter is disclosing in these sessions is not her own opinion but that of her mums.

I have submitted a SAR to the councillor asking for all notes made on these sessions including any recordings of my daughter voice.

The councillor is claiming client confidentiality and that these cannot be disclosed.

I am the father of my daughter, she is under the age of 18, I have a legal right to view her medical records.
Do I not have a write to what is said during a counselling session? I am also not sure that what is being discussed during these sessions is within the scope of what was contracted between the school and the councillor.

Any help would be greatful.

Thanks in advance.

[ostell]

Do you have parental rights?

[DalmatianDog]

Yes I do

[ostell]

Is that written down in a legal document?

[DalmatianDog]

Yes on her birth certificate.
It’s also on a child arrangement order

[efpom]

The Counselor is confused about what the duty of confidentiality is. He/she owes a duty of confidentiality to the person who is the recipient of the counsel. But here, as the recipient is a child, she, in addition, owes that duty to the parents of the child. The counselor is not entitled to pick and choose to whom he/she owes a duty of confidence to.

If I was in your shoes, I would formally, in writing, require the counselor to furnish you with all documents relating to your daughter, and do so forthwith. If that requirement is not complied with, you require cogent reasons why it the counselor refuses to comply.

[DalmatianDog]

She has came back saying she is seeking advice from her governing body so will see what she comes back with next.

Thank you so much for your help, I really appreciate it.

[efpom]

See at 31 https://www.cathchild.org.uk/wp-cont...rofessions.pdf

[efpom]

Do you know the name of her governing body?

[DalmatianDog]

Yes it was BACP.
They came back with a refusal stating that they had consulted with the ICO and they believed "it was not in the best interests of the child" for the information to be disclosed.

I have since withdrawn my SAR as the statement they produced for the court did not disclose information about my daughters views and in fact was very much in my favour.

Thank you for all your help.