The Home Office has made the Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025, setting the statutory definition of “counselling services” for the new victim information request regime in Chapter 3A of the 2022 Act. The instrument was made on 2 December 2025, laid on 3 December 2025 and is scheduled to commence on 12 January 2026, alongside a Requests for Victim Information Code of Practice which ministers have laid in draft for approval.
Regulation 2 defines a counselling service as any service, paid or unpaid, offering psychological or emotional support for the purpose of improving a service user’s emotional or mental health. The Home Office’s consultation response confirms that government has opted for a broad description so that NHS, voluntary and private therapy, as well as peer or group support, fall within scope.
For access to counselling information, the statutory threshold is materially higher than for other third‑party records. Under section 44A of the 2022 Act (inserted by section 28 of the Victims and Prisoners Act 2024), an authorised person may only make a counselling information request where they reasonably believe the information sought is likely to have “substantial probative value” to a reasonable line of enquiry, in addition to the general tests of relevance, necessity and proportionality.
The Regulations extend to England and Wales. Through section 44F of the 2022 Act, the duties in sections 44A–44E apply to the service police with effect across the United Kingdom, aligning Royal Navy Police, Royal Military Police and Royal Air Force Police practice with civilian policing for these requests.
Section 44E identifies who is an “authorised person” for these duties. In practice this covers police constables in England and Wales and specified staff, British Transport Police, Ministry of Defence Police, National Crime Agency officers, certain Independent Office for Police Conduct personnel, and persons engaged to obtain information on their behalf.
A statutory Code of Practice is required by section 44D. The draft Requests for Victim Information Code of Practice was consulted on between 8 April and 1 July 2025 and is now laid in draft. Government’s response indicates strengthened guidance, including clarification that the fact counselling notes relate to an incident or contain a factual account by the victim is not, on its own, sufficient to meet the “substantial probative value” test.
Beyond day‑one compliance, section 30 of the Victims and Prisoners Act 2024 places a review duty on the Secretary of State to report on how Chapter 3A operates in relation to counselling information requests. The report must be prepared after a three‑year review period beginning on the commencement of section 28, then published and laid before Parliament.
Operationally, forces and service police have a short window before 12 January 2026 to confirm that local policy, request templates and training reflect the heightened test for counselling records and the written notice requirements on content and handling set out in sections 44B–44C. Providers-NHS trusts, independent therapists and voluntary organisations-should expect that both formal therapy and informal or peer‑led support will fall within scope and prepare to align processes with the final Code once in force.