Book Review: Legal Issues in Counselling & Psychotherapy
| Author | Kim Conant-Cook |
| Date | 01 January 2004 |
| Published date | 01 January 2004 |
| DOI | 10.1177/026975800401000308 |
| Subject Matter | Book Reviews |
287
LEGAL
ISSUES
IN
COUNSELLING
&
PSYCHOTHERAPY.
Edited
by
Peter
Jenkins,
Sage
Publications
Ltd;
London,
2002,
pp.
195,
£17.99.
ISBN
0-7619-5481-3.
Legal
Issues
in
Counselling
&
Psychotherapy,
edited
by
Peter
Jenkins,
is
a
compilation
of
articles,
some
previously
published,
by
an
impressive
list
of
professionals.
This
book
is
a
much
needed
resource
for
both
therapists
and
lawyers
as
they
strive
to
find
the
best
practices
to
handle
the
challenging
issues
they
face.
It
is
part
of
the
Ethics
in
Practice
series
which
is
edited
by
Tim
Bond.
Legal
Issues
in
Counselling
&
Psychotherapy
is
divided
into
two
distinct
parts
encompassing
four
primary
themes:
law
as
the
context
for
therapy;
law
as
a
terrain
for
resolving
social
conflicts;
law
as
intrusion
into
therapeutic
process;
and
finally,
law
as
opportunity
for
engagement
and
dialogue.
With
just
under
half of
the
book
containing
articles
pertinent
to
the
concept
of
law
as
the
context
for
therapy,
it
is
clear
that
this
is
an
area
of
interest
not
only
for
therapists,
but
also
for
lawyers.
By
establishing
statutory
regulations,
both
the
client
and
the
therapist
have
a clear
definition
of
what
the
therapeutic
relationship
will
consist
of,
in
hopes
of
controlling
incidents
of
malpractice.
Gideon
Cristofoli,
Inge
Power
(a
pseudonym),
and
Julie
Stone
provide
excellent
examples
of
the
importance
of
statutory
regulation.
Peter
Jenkins
provides
a
comprehensive
article
outlining
the
Data
Protection
Act
of
1998
and
the
challenges
that
therapists
face
in
trying
to
provide
a
professional
service
to
clients
while
balancing
the
need
for
objective
and
subjec-
tive
data
collection.
Therapists
also
need
to
be
aware
of
the
implications
of
the
Human
Rights
Act
of
1998
as
described
by
Vincent
Keter.
In
contrast
to
the
Data
Protection
Act,
Keter
argues
that
the
Human
Rights
Act
will
be
of
greater
benefit
to
therapists
than
to
their
clients.
Finally
with
regard
to
law
as
a
context
for
therapy,
Tim
Bond
has
written
a
thought
provoking
chapter
about
confidentiality.
Bond
points
out
that
one
of
the
obvious
difficulties
with
confidentiality
for
the
therapist
is
that
one
can
be
held
accountable
if
too
much
information
is
provided
without
the
client's
consent,
but
one
can
also
be
held
accountable
for
not
releasing
pertinent
information
as
well.
The
second
theme
of
the
book,
law
as
a
terrain
for
resolving
social
conflicts,
continues
with
Tim
Bond
providing
further
thoughts
on
confidentiality.
Clearly
one
of
the
most
debated
topics
in
counselling
and
psychotherapy
is
the
concept
of
false
memory
versus
recovered
memory
and
the
respective
implications
for
therapists.
With
law
as
the
terrain
for
resolving
this
hotly
debated
social
conflict,
both
sides
of
the
argument
have
firmly
entrenched
theorists.
Peter
Jenkins'
article
clearly
illustrates
the
legal
and
ethical
challenges
that
therapists
must
confront
when
dealing
with
this
topic.
The
third
theme
detailed
in
Legal
Issues
in
Counselling
&
Psychotherapy
is
the
concept
of
law
as
intrusion
into
therapeutic
practice.
Both
Stephen
Palmer
and
Anne
Hayman
independently
provide
outstanding
examples
of
how
the
law
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