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Aipedia: Counsellors and psychotherapists
The BACP Ethical Framework 2026 requires members to risk-assess AI tools, get informed consent before entering client data and never hand decisions to AI. It is mandatory from midday on 3 November 2026, so these become the duties a complaint or claim is measured against.
Part of: AI in counselling and psychotherapy
In short
BACP launched its Ethical Framework for the Counselling Professions 2026 on 4 August 2026, and it binds all members from midday on 3 November 2026. Clause 2.1(e) requires members to assess the risk of any AI tool, digital tool or online platform before use, be competent with it, understand its data handling, be open with clients, obtain informed consent before inputting personal data (iv) and never defer decisions to AI (v). Clause 3.1(d) requires privacy notices to cover tools that monitor or collect data. UKCP has no formal AI guidance yet, and a 2025 sector charter sets non-binding principles.
BACP published the Ethical Framework for the Counselling Professions 2026 on 4 August 2026. BACP's transition page says it is mandatory for all members from midday on 3 November 2026, and the 2018 Framework applies until then. BACP states that "all BACP members must work in accordance with the Ethical Framework", so these are not optional good practice points: they are the standard BACP's professional conduct process applies.
The AI provisions are new in 2026. They name AI directly and tie it to existing duties on safety, confidentiality, records and honesty. BACP's Framework page carries the PSA Accredited Register mark, and the Accredited Registers Collaborative is one of the signatories to the September 2026 joint statement on AI described below.
2.1(e) sits under the duty to take account of the safety of those we work with. Members must "assess the risk of any artificial intelligence tool (AI), digital tool or online platform, before using them", and be able to demonstrate that they:
The word "demonstrate" matters: a member should be able to show the assessment, consent and checking. A dated written record is the practical answer.
3.1(d) requires the privacy notice to tell people about foreseeable limits to confidentiality, including "the use of digital storage systems, platforms or tools that may monitor or collect data". 2.1(b) requires physical, digital and remote meeting spaces to be private and free from intrusion, which is relevant when a notetaker sits in a session.
| Provision | What it requires | AI relevance |
|---|---|---|
| 1.2(a) | Honest, accurate information about services, qualifications, experience and competence | AI-written profiles and marketing; disclosing AI use |
| 1.2(b) | Give people a record of the working agreement | Where AI use is agreed with the client |
| 2.1(b) | Physical, digital and remote spaces private and free from intrusion | Notetakers and platforms in the session space |
| 2.1(e)(i) to (iii) | Assess the risk of AI tools before use; competence; understand data handling; be honest about benefits and risks | Every AI tool and platform |
| 2.1(e)(iv) | Informed consent before inputting personal data into AI or digital tools | Transcription, summarising, drafting from client material |
| 2.1(e)(v) | Do not defer or outsource decisions to AI; critically evaluate output | Risk scores, triage, AI suggestions |
| 3.1(b) to (d) | UK GDPR and DPA 2018 compliance; privacy notice; disclose tools that monitor or collect data | Platforms, cloud tools, analytics |
| 3.2(a) to (c) | Records factual, adequate, relevant, stored securely, and including all information held | AI notes, transcripts and summaries |
| 4.2(a) | Professional indemnity and liability cover for UK and cross-border work | Cover for AI-assisted practice |
| 4.3(d) | Collaborate with supervisors on ethical dilemmas and challenges | Bringing AI decisions to supervision |
In May 2026 BACP published an Ethics essentials session on ethics and the use of AI. It is guidance, not part of the Framework, but signals how BACP reads the new clauses. Its main points are that protecting client data is "one of the biggest challenges", that identifying information should not be uploaded to untested systems, and that the practitioner is "the adult in the room" and an "ethical gate". AI can help with admin, it says, but not with ethical reasoning or reflective practice. It also acknowledges that "the wider regulatory framework doesn't give us straightforward answers when it comes to AI."
UKCP has not published formal AI guidance. In a news feature on AI and psychotherapy, UKCP staff said members need guidance now and that therapists remain accountable. The feature points out that complaints processes are built around a person's breach, so people harmed by AI therapy tools may have no professional redress. UKCP is working with NCPS and the Association for Counselling and Therapy Online in an "AI Coalition" to produce resources.
The 2025 Shared AI Governance Charter, developed by an expert reference group convened by Counselling Tutor and adopted by CPCAB, sets five principles: client-centred ethics, human connection, transparency and accountability, equity and accessibility, and ongoing evaluation. It is voluntary.
The Joint Statement of Intent on AI of September 2026, signed by the PSA, health regulators and the Accredited Registers Collaborative, commits to shared high-level principles. It is a commitment, not a rule.
In practice, members can prepare with these steps:
Our guides on consent and contracting for AI and AI notetakers apply these steps to common tasks.
Clause 4.2(a) requires appropriate professional indemnity and liability cover for all UK practice, online, remote or in person, and for cross-border work unless BACP has approved otherwise. The Framework says nothing about AI and insurance. In practice, the 2.1(e) duties are likely to become the yardstick in both complaints and civil claims: a therapist who cannot show a risk assessment or consent will find a claim harder to defend. PI usually responds to alleged failures in professional services whether or not AI was involved, subject to the policy terms, but data breach costs and any AI or technology exclusions need checking. See does therapist PI cover AI use and the counsellors and psychotherapists PI guide.
Apex arranges PI for counsellors and psychotherapists. As the 2026 Framework takes effect, a broker can check that your policy matches the AI tools and platforms you actually use.
Back to the AI in counselling and psychotherapy hub.
Yes, for BACP members. It is mandatory from midday on 3 November 2026 and BACP says all members must work in accordance with it. Before that date the 2018 Framework applies. It is a professional body standard, not law, but breaches can lead to a professional conduct complaint.
No. It allows AI, digital tools and platforms, but requires a risk assessment before use, competence, an understanding of data handling, honesty with clients, informed consent before entering personal data, and that decisions stay with the practitioner. BACP's guidance sees admin as a reasonable use.
Not formally. A UKCP news feature says members need guidance now and that therapists remain accountable for their work. UKCP is working with NCPS and the Association for Counselling and Therapy Online on resources. UKCP members should still apply general confidentiality and data protection duties to AI tools.
It means you should be able to show, if asked, that you assessed the tool, understood its data handling, told the client and got consent. In practice that means a written, dated risk assessment, updated contracting documents and a consent record in the client file.
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