Pre-Trial Therapy and the Impact of Trauma on Victims and Witnesses Lesley Donlan, Manchester SARC & Peter Jenkins, Salford University P.Jenkins1@salford.ac.uk Analytic style of presentation?

Pre-Trial Therapy and the Impact of Trauma: Current concerns about pre-trial therapy ‘Reactive model’ of pre-trial therapy ’Proactive model’ of pre-trial therapy * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

Current concerns about pre-trial therapy: Impact of pre-trial therapy on evidence - ‘coaching’ - contamination Problematic forms of therapy Record keeping * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

‘Reactive model’ of pre-trial therapy: Concern over potential adverse impact of pre-trial therapy requirements Differing processes / responses by therapists Changing picture of agency responses re pre-trial therapy * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

‘Reactive model’: Concern over adverse impact of pre-trial therapy requirements: Concern over potential adverse impact of pre-trial therapy requirements on: Client - children - adults Therapist Therapeutic alliance Recording Access to records * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

‘Reactive model’: Differing processes / responses by therapists Court Access to counselling records: ’Consensual disclosure’ eg in abuse cases conditional on outcome of case ’Contested disclosure’: adverse impact on - therapeutic alliance / trust - therapist self-confidence (Jenkins, 2003) * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

‘Reactive model’: Changing picture of agency responses re pre-trial therapy: ‘Reactive’ stance of agencies / therapists Limited experience Lack of clear agency policy Agencies adapting to national guidance (last 5 yrs) - Agency ‘A’: 65 cases; national & local agency policies - Agency ‘B’: 64 cases; 6 taken to trial * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

’Proactive model’ of pre-trial therapy: SARC Experience Liaison with other agencies Managing boundaries in the therapeutic process Managing disclosure of records as evidence * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

’Proactive model’: Liaison with other agencies Provision of training / policy development to: CPS Police Courts Victim Support / Witness Support Other healthcare agencies * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

’Proactive model’: Managing boundaries in the therapeutic process External boundaries: Separate roles: - Individual Sexual Violence Advisors (support) - Experienced counsellors (therapy) Informing CPS/IO of therapy taking place * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

’Proactive model’: Managing boundaries in the therapeutic process Internal boundaries (i.e. within therapy): Pre-trial therapy provided by experienced counsellors (not trainees) Avoidance of ‘re-exposure’ therapies (CBT, EMDR, trauma focused therapies) Focus on impact & meaning of trauma - Statement / Video evidence: ‘telling the story’ - Therapy: Processing emotions & personal meaning * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

’Proactive model’ of pre-trial therapy: Managing disclosure of records as evidence Records of therapy: - Brief - Factual - Objective - ‘Triggers’ for recall, not a ‘document of record’ SARC/NHS Trust Policy on non-disclosure of records in response to requests Emphasis on informed consent by client Use of PPI to limit disclosure * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

References: Bond, T. and Sandhu, A. (2005) Therapists in Court: Providing Evidence and Supporting Witnesses. BACP/Sage: London. Home Office, Crown Prosecution Service and Department of Health (2001) Provision of Therapy for Child Witnesses Prior to a Criminal Trial: Practice Guidance. CPS: Bolton. Home Office, Crown Prosecution Service and Department of Health (2002a) Provision of Therapy for Vulnerable or Intimidated Witnesses Prior to a Criminal Trial: Practice Guidance. Home Office Communications Directorate: London. Home Office, Lord Chancellor’s Department, Crown Prosecution Service, Department of Health, National Assembly for Wales (2002b) Achieving Best Evidence in Criminal Proceedings: Guidance for Vulnerable or Intimidated Witnesses, Including Children. Home Office Communications Directorate: London. Jenkins, P. (2003) ‘Therapist responses to requests for disclosure of therapeutic records: An introductory study’, Counselling and Psychotherapy Research, 3(3): 232–8. Jenkins, P. (2007) Counselling, Psychotherapy and the Law. Second edition. Sage: London. National Children's Home: Action for Children (NCH) (1994) Messages from Children: Children's Evaluations of the Professional Response to Child Sexual Abuse. NCH: London. Palmer, T. (2003) ‘Pre-trial therapy with children who have been sexually abused’, pp. 152–66, in Richardson, S. and Bacon, H. (eds) Creative Responses to Child Sexual Abuse: Challenges and Dilemmas. Jessica Kingsley: London. Plotnikoff, J. and Woolfson, R. (2004) In Their Own Words: The Experiences Of 50 Young Witnesses In Criminal proceedings. NSPCC/Victim Support: London. Plotnikoff, J. and Woolfson, R. (2009) Measuring Up? Evaluating Implementation Of Government Commitments To Young Witnesses In Criminal Proceedings. NSPCC: London * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist

: 1 2 3 4 5 6 7 * Main critic of this process - Christopher Bollas, key figure in psychoanalysis in US and UK. Characteristic sensitivity to language and wordplay - on the loss of confidence in psychoanalysis, and on the epidemic contamination of the presumed state of confidentiality * Two functional necessities for psychoanalysis - freedom to free associate, kind of equivalent to privilege of clergy for analysts - analyst’s evenly suspended attentiveness Conflict with reporting requirements and censoring of client material * The draft IPA ethics code does not defend confidentiality, it colludes with its disappearance * lack of legal privilege for therapists, despite US case of Jaffee v Redmond * international issue: - BCP Conference in March this year - International Psychoanalytic Association Steering Group on comparative international research into confidentiality in Europe, US * confidentiality as a binary condition - like a a vacuum, you can’t have a sort of vacuum, or be a little bit pregnant if you don’t have total confidentiality, then you don’t have a therapeutic space for client and therapist