Terms and Conditions

2.6. Legal and Regulatory Context for Client Conduct and Responsibility

Legal and ethical considerations in a counselling agreement ensure that the rights and responsibilities of both client and counsellor are clearly defined and respected. In the UK, and particularly in Scotland, these considerations are shaped by several legal and professional frameworks.

This clause and all responsibilities arising from counselling services and client conduct are governed by the laws of Scotland and the United Kingdom and align with the following legal principles and statutes:

• Volenti Non Fit Injuria (Common Law): Clients voluntarily accept the risks of counselling participation and use of non-essential tools or equipment.

• Health and Safety at Work etc. Act 1974: Imposes a duty of care on service providers while recognising the individual's responsibility for voluntary acts.

• Occupiers’ Liability (Scotland) Act 1960: Outlines the duty of care owed to visitors while limiting liability for voluntarily assumed risks.

• Consumer Rights Act 2015: Regulates service provision standards and clarifies the limits of liability for service providers.

• Equality Act 2010: Prohibits discrimination and requires providers to offer reasonable adjustments where applicable.

• Safeguarding Vulnerable Groups (Scotland) Act 2007 and Adult Support and Protection (Scotland) Act 2007: Place legal responsibility on providers to protect vulnerable persons.

• Data Protection Act 2018 and UK GDPR: Govern the lawful processing, protection, and confidentiality of client data.

• Children and Young People (Scotland) Act 2014: Outlines responsibilities to safeguard children and young people.

• Terrorism Act 2000: Allows lawful disclosure where there is a duty to report suspected terrorist activity.

Counsellors must operate within the bounds of the BACP Ethical Framework for the Counselling Professions (BACP, 2018), which outlines principles such as autonomy, beneficence, non-maleficence, justice, self-respect, and fidelity. These principles guide practitioners in maintaining professional boundaries, confidentiality, and transparency. Many services operationalise these principles through internal Codes of Conduct and Practice Guidelines, which are shared with clients during the contracting phase.

Counselling organisations typically outline data protection responsibilities in a Data Protection Policy and Privacy Notice, which must be explained and consented to by clients before therapy begins. Clients confirm, by engaging in services, that they have read, understood, and accept the scope, risks, and limitations of the counselling process, including the voluntary use of supplementary tools or equipment. Informed consent is obtained prior to participation.

Clients may request reasonable adjustments to accommodate access needs. In accordance with the Equality Act 2010, counselling services will make such adjustments where possible to support clients with disabilities or additional needs.

Clients should also be informed of their rights and responsibilities, including attendance, participation, respect for the therapeutic space, and how to raise concerns or make a complaint. Clear procedures, such as the organisation’s Complaints Procedure, and the BACP’s Professional Conduct Procedure, should be communicated at the outset to ensure clients feel empowered and protected.

Canal Counselling is not an emergency or crisis service. In situations where a client presents an immediate risk to self or others, the practitioner may break confidentiality in accordance with safeguarding and legal obligations and refer to emergency or statutory services as necessary.

Practitioners must carry appropriate professional indemnity insurance, as required by their professional bodies, and clearly outline the limits of confidentiality and circumstances under which disclosures must be made. These terms are usually documented in the Client Agreement Form or Contract for Counselling, and clients are asked to sign to confirm understanding.

Any disputes arising under this agreement shall, in the first instance, be addressed through informal resolution. Where unresolved, disputes shall be governed by the laws of Scotland and subject to the exclusive jurisdiction of the Scottish courts.

References:

• BACP (2018) Ethical Framework for the Counselling Professions. Lutterworth: BACP.

• Data Protection Act 2018

• GDPR (2018)

• Children and Young People (Scotland) Act 2014

• Adult Support and Protection (Scotland) Act 2007

• Safeguarding Vulnerable Groups (Scotland) Act 2007

• Consumer Rights Act 2015

• Equality Act 2010

• Health and Safety at Work etc. Act 1974

• Occupiers’ Liability (Scotland) Act 1960

• Terrorism Act 2000

2.7 Client Duty of Care and Reporting

Clients agree to act with reasonable care and propriety in their conduct during counselling sessions and when using any tools or equipment. Clients must promptly notify the counsellor of any concerns regarding the safety or condition of any materials or equipment.

Clients are also advised to seek appropriate medical or specialist advice before participating in physically demanding activities such as canoeing or paddleboarding.

Clause X: Client Conduct, Responsibilities, and Assumption of Risk

1. Client Conduct and Behaviour
   The Client shall conduct themselves in a respectful, lawful, and responsible manner at all times during counselling sessions and when engaging with any services, tools, or equipment provided or made available by Canal Counselling. This includes adherence to all reasonable instructions issued by Canal Counselling personnel concerning health, safety, and welfare.

2. Client Responsibility and Liability
   The Client accepts full responsibility for their conduct, actions, decisions, and behaviour throughout the counselling process and thereafter. Canal Counselling’s duty of care and liability shall be strictly limited to the provision of verbal counselling services, and it shall not be held liable for any consequences, losses, injuries, or damages resulting from the Client’s conduct or decisions, except where such harm arises directly from proven negligence or breach of statutory duty by Canal Counselling or its agents.

3. Voluntary Assumption of Risk
   Where supplementary tools, materials, or equipment (including but not limited to arts and crafts supplies, walking aids, or outdoor equipment such as canoes and paddleboards) are provided or made available, their use by the Client shall be entirely voluntary. The Client acknowledges and accepts all risk, including those arising from misuse, wear and tear, or adverse weather/environmental conditions in the case of outdoor equipment, associated with the use or misuse of such items and agrees that Canal Counselling bears no responsibility for supervising or ensuring the safety or suitability of such tools or equipment.

4. Legal Framework
   This Clause is governed by and construed in accordance with the laws of Scotland and the United Kingdom, including but not limited to:
   a. The Doctrine of Volenti Non Fit Injuria, under which the Client voluntarily assumes the risks inherent in participation;
   b. The Health and Safety at Work etc. Act 1974, balancing provider obligations with individual responsibility;
   c. The Occupiers’ Liability (Scotland) Act 1960, which limits Canal Counselling’s liability for voluntary risks assumed by the Client;
   d. The Consumer Rights Act 2015, governing service provision and liability;
   e. The Equality Act 2010, ensuring non-discriminatory treatment; and
   f. Applicable common law principles relating to duty of care and negligence.

5. Client Duty of Care
   The Client agrees to exercise reasonable care for their own safety and wellbeing, including notifying Canal Counselling promptly of any concerns regarding safety, condition, or suitability of any materials or equipment provided. The Client is advised to obtain appropriate medical or specialist advice before engaging in any physically demanding activities associated with the services.

 

 

 

 

3. Confidentiality and Record Keeping

3.1 Ethical and Legal Responsibilities

Canal Counselling treats all client information with the highest standards of confidentiality in accordance with the Data Protection Act 2018, UK General Data Protection Regulation (UK GDPR), and the BACP and COSCA ethical frameworks. The confidentiality of counselling sessions is a fundamental part of the therapeutic relationship, designed to create a safe space for open and honest communication.

However, confidentiality is not absolute. Disclosure may be necessary under the following circumstances:

• Risk of Harm: Where there is a clear and immediate risk of serious harm to the client or others, including children or vulnerable adults. This duty is underpinned by the Children (Scotland) Act 1995, Adult Support and Protection (Scotland) Act 2007, and relevant safeguarding legislation.

• Legal Obligation: Where information is lawfully required by a court of law under legislation such as the Criminal Procedure (Scotland) Act 1995.

• Criminal Activity: Where there is disclosure of involvement in terrorism, money laundering, or other reportable offences under the Terrorism Act 2000 and Proceeds of Crime Act 2002.

Clients will be informed wherever possible before any disclosure is made, unless doing so would increase risk.

3.2 Storage and Access to Records

Session notes are kept in anonymised format and securely stored using encrypted, GDPR-compliant systems. In line with ICO (Information Commissioner's Office) guidance and professional best practice, records are retained for a period of 7 years after the conclusion of therapy.

Clients have the right to:

• Access personal data held (Article 15, UK GDPR)

• Request rectification of inaccurate data (Article 16)

• Request erasure of data, subject to lawful limitations (Article 17)

• Restrict processing in certain circumstances (Article 18)

Requests must be made in writing to: canal.counselling@gmail.com.

3.3 Mobile Setting and Confidentiality

Given that some sessions may take place aboard a canal boat, additional precautions are taken to preserve confidentiality and ensure a private therapeutic space. Clients will be informed of the setting in advance and given the opportunity to choose an alternative (e.g. online session) if preferred.

While all reasonable efforts are made to control the environment and ensure discretion, clients accept the potential for incidental auditory or visual intrusions due to the mobile nature of the practice. This is consistent with best practice guidance for outdoor and mobile counselling services (BACP, 2021).

3.4 Client Responsibility and Legal Disclaimer
Clients acknowledge that, while confidentiality is safeguarded to the highest degree reasonably possible in accordance with the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR), and relevant professional codes of ethics (e.g., BACP, COSCA), they retain personal responsibility for the information they choose to share, the physical environments from which they attend sessions, and the devices or technologies they use—particularly when engaging in remote or online therapy. Canal Counselling shall not be held liable for any data breaches, interception, or loss of confidentiality caused by the Client’s use of insecure environments, shared networks, or unprotected personal devices.

Furthermore, Clients expressly acknowledge and accept that they are solely and fully responsible for their conduct, decisions, and any actions taken as a result of therapeutic sessions. Canal Counselling facilitates a reflective and supportive therapeutic space but does not direct or prescribe specific life choices, and thus disclaims any liability for consequences arising from the Client’s personal choices, except where there is demonstrable negligence on the part of Canal Counselling or its agents.

This clause is in line with the common law principle of volenti non fit injuria (to a willing person, no injury is done), the Consumer Rights Act 2015, the Health and Safety at Work etc. Act 1974, and relevant Scottish common law on duty of care and delictual liability. Canal Counselling fulfils its professional and legal responsibilities under these frameworks by providing services with due skill, care, and attention and by maintaining appropriate ethical and professional boundaries.

Clients are expected to conduct themselves with reasonable care and diligence, including maintaining privacy during sessions, securing their own technological access, and seeking external medical, legal, or professional advice where appropriate. This agreement affirms the Client’s duty to take reasonable measures to protect their own wellbeing while participating in therapy, in line with the principle of personal autonomy and shared responsibility underpinning therapeutic engagement under UK and Scottish law.

 

4. Appointments and Cancellations

4.1 Booking, Payments, and Scheduling

Each counselling session lasts 45 minutes, unless otherwise agreed in writing. Sessions are offered in person aboard the canal boat, in-person on land, or online via secure platforms. Appointments must be booked in advance and confirmed through written communication or agreed systems. Full payment is due at least 48 hours prior to the scheduled session. Payment secures your appointment and reflects a mutual commitment of time and focus.

All fees are discussed and confirmed in advance. Counselling services are provided in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015, ensuring transparency of service, cost, and cancellation rights.

Accepted payment methods may include bank transfer, online platforms, or alternative arrangements agreed in writing. These terms operate in line with the Consumer Credit Act 1974 (Section 75) where relevant, and clients are advised to retain payment records.

Clients accept the legal principle of volenti non fit injuria (Common Law), acknowledging that they engage voluntarily in services and understand their responsibilities regarding payment, attendance, and scheduling.

 

4.2 Cancellation, Lateness, and Non-Attendance Policy

Your time is valued, and your commitment is respected. The following cancellation policy is in place to ensure fairness, uphold professional boundaries, and support the financial sustainability of the practice:

• Cancellations with more than 48 hours’ notice: Clients may choose a full refund or the opportunity to reschedule.

• Cancellations within 24–48 hours: 50% of the session fee will be retained to cover administrative and opportunity costs.

• Cancellations under 24 hours or non-attendance: The full session fee will be retained.

If a client is unable to attend their scheduled session—whether in person, online, or by telephone—alternative formats may be offered at the counsellor’s discretion, subject to availability. For example, an in-person session may be converted to an online or telephone appointment if appropriate. Where no suitable alternative can be arranged, the cancellation policy will apply based on the notice given.

Clients arriving late will receive the remaining time within their scheduled session, as sessions must end on time to respect other clients. Clients arriving more than 20 minutes late without notice may forfeit the session, which will be treated as a missed appointment and charged in full.

This policy reflects professional standards in therapeutic practice, in accordance with the BACP Ethical Framework (2018), Consumer Rights Act 2015, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and Section 75 of the Consumer Credit Act 1974. Clients are responsible for managing their appointments and understanding that failure to adhere to this policy may result in loss of fees, in line with contractual and consumer obligati

 

4.3 Counsellor Cancellation or Disruption

In the event that Canal Counselling must cancel or reschedule a session due to illness, travel disruption, or canal-related safety issues, clients will be offered a full refund or the opportunity to reschedule. Clients will be informed at the earliest reasonable opportunity.

The service operates under a duty of care as required by the Health and Safety at Work etc. Act 1974, and for canal-based work, adheres to relevant maritime and water safety guidance. Sessions may be rescheduled or suspended if environmental or safety concerns arise that affect the mobile practice setting.

 

4.4 Client Responsibility and Legal Limitation

Clients are responsible for managing their own time, booking confirmations, attendance, and ensuring accurate contact details. Failure to adhere to these responsibilities does not create liability for Canal Counselling.

Canal Counselling accepts no liability for missed sessions resulting from client-side scheduling errors, technical issues, or failure to comply with this policy. Liability is limited strictly to proven negligence under the Consumer Rights Act 2015 and consistent with the principle of volenti non fit injuria — where clients voluntarily assume responsibility for their participation and its associated conditions.

All services are governed by the laws of Scotland and the United Kingdom. In the event of a dispute, informal resolution will be sought in the first instance. Where unresolved, disputes will be governed by Scottish law and subject to the exclusive jurisdiction of the Scottish courts.

 

5. Therapeutic Boundaries

5.1 Ethical Conduct

Canal Counselling operates in accordance with the British Association for Counselling and Psychotherapy (BACP) Ethical Framework and the COSCA Statement of Ethics and Code of Practice. These frameworks are designed to safeguard the integrity of the therapeutic relationship, promote client welfare, and uphold professional standards.

To maintain appropriate boundaries, dual relationships (e.g., friendships, business arrangements, or familial involvement) between counsellor and client are strictly avoided. This includes interactions outside of the therapeutic context, whether in-person or through online channels, to ensure objectivity, prevent conflicts of interest, and maintain the psychological safety of the client (BACP, 2018).

Where counselling occurs aboard a canal boat or in community-based settings, professional boundaries remain in full effect. Clients are asked to respect the therapeutic space regardless of setting. Any physical proximity to the counsellor's personal or living quarters during in-person canal-based sessions is not indicative of personal relationship or informal interaction and remains bound by the therapeutic contract.

Counselling is not a friendship, coaching relationship, nor a substitute for legal, financial, or medical advice. Any advice given during sessions is exploratory, not directive, and clients are always responsible for their own decisions and outcomes, consistent with UK contract law and principles of informed consent under the Mental Capacity Act 2005 and Adults with Incapacity (Scotland) Act 2000.

5.2 Termination of Therapy

Clients have the right to withdraw from counselling at any time. However, wherever possible, a planned and collaborative ending is encouraged, as this allows for reflection, closure, and integration of therapeutic work.

The counsellor also reserves the right to terminate therapy in circumstances that compromise ethical practice or personal safety. This may include:

• Repeated cancellations or missed appointments

• Breach of confidentiality by the client

• Inappropriate, threatening, or abusive conduct

• Situations where the client’s needs exceed the counsellor’s competencies or scope of practice

Where a termination is initiated by the counsellor, clients will be provided with a clear rationale and where appropriate signposted to alternative services. This aligns with Duty of Care principles under the Health and Social Care Standards (Scotland, 2017) and BACP’s guidance on ethical withdrawal from practice.

5.3 Client Responsibility

Clients acknowledge and accept full responsibility for their actions, choices, and participation in therapy. The counsellor’s role is to facilitate insight and emotional exploration not to direct or control client behaviour.

Canal Counselling and its practitioners do not accept legal or emotional responsibility for client outcomes, except where harm has occurred through proven professional negligence. This is consistent with:

• Consumer Rights Act 2015

• Health and Safety at Work Act 1974

• Volenti non fit injuria (no harm to those who consent to risk)

This clause applies to all aspects of the therapeutic relationship, whether sessions occur in person, online, or aboard a canal vessel.

 

 

 

 

 

 

6. Emergencies and Limitations

6.1 Scope of Service

Canal Counselling is a non-crisis, non-emergency mental health service. It provides therapeutic support for emotional wellbeing, self-development, and psychological resilience but is not a substitute for acute psychiatric care, emergency medical intervention, or crisis response.

The counsellor is not available outside scheduled session times and does not offer 24-hour support. Clients are advised to contact emergency services or appropriate crisis agencies when immediate risk is present.

In a medical or mental health emergency, clients must seek help from:

• NHS 24 Scotland: 111

• Samaritans: 116 123 (24/7)

• Police, Ambulance, or Fire Services: Dial 999

• Local GP or Community Mental Health Team (CMHT)

This limitation is in line with the Mental Health (Care and Treatment) (Scotland) Act 2003, which outlines the duties of NHS and statutory services in urgent or high-risk mental health scenarios.

6.2 Risk and Referral

Where a client presents with:

• High levels of risk to self or others (e.g. suicidal ideation, violence)

• Acute mental health concerns (e.g. psychosis, disassociation)

• Substance misuse affecting cognition

• Legal issues requiring forensic input

…they may be referred or signposted to more appropriate statutory services such as the NHS Crisis Team, GP, or local social work services. This aligns with the BACP Ethical Framework and COSCA's Guidelines on Risk Assessment and Referral (2014).

The counsellor retains the right to suspend or terminate services if a client’s presentation is beyond the counsellor’s competence, scope of practice, or legal capacity to manage safely. Clients will be supported with referral information where necessary.

6.3 Location-Specific Safety

When attending sessions aboard the Canal Counselling boat or in any mobile venue, clients accept that there may be unique environmental risks (e.g., water safety, trip hazards, narrowboat access). Clients are expected to take reasonable personal responsibility for their own physical safety and to follow any access instructions given by the counsellor.

Canal Counselling is insured under a valid Public Liability and Professional Indemnity Policy, but liability will not be accepted for injuries arising from client negligence or disregard for safety procedures in accordance with:

• The Occupiers’ Liability (Scotland) Act 1960

• The Health and Safety at Work Act 1974

Clients attend at their own risk and agree to alert the counsellor to any medical or mobility issues that may affect safe participation.

6.4 Client Responsibility

Clients acknowledge that while counselling can be emotionally intense, they remain personally responsible for their wellbeing, actions, and safety during and between sessions. The counsellor does not assume responsibility for outcomes, decisions, or behaviours following a session except where injury results from proven negligence.

This aligns with:

• Common law duty of care

• Consumer Rights Act 2015

• Mental Capacity Act 2005 and Adults with Incapacity (Scotland) Act 2000

 

7. Online Counselling Specifics

7.1 Service Delivery and Consent

Canal Counselling offers secure, encrypted online counselling via GDPR-compliant platforms (e.g., Zoom, Whereby). By engaging in online sessions, clients provide informed consent to participate in digital communication, accepting the potential limitations and risks associated with internet-based therapy, as outlined by the British Psychological Society (BPS, 2020) and BACP Online Counselling Guidelines (2021).

Sessions are conducted in a private, professional setting on the part of the counsellor, whether land-based or aboard the Canal Counselling vessel. Clients are expected to ensure a private and safe space on their end, free from interruptions or third-party presence.

 

 

7.2 Confidentiality and Technical Risks

While all reasonable efforts are made to maintain confidentiality, clients acknowledge that online communications cannot be entirely guaranteed to be secure. Risks include:

• Unauthorised access due to unsecured networks

• Platform-specific outages or data breaches

• Accidental third-party interruptions

Clients are encouraged to use password-protected Wi-Fi, wear headphones, and avoid shared devices. These measures reduce risks under the UK GDPR (2021) and Data Protection Act (2018).

7.3 Platform and Equipment Responsibility

Clients are responsible for ensuring:

• A reliable internet connection

• Functioning audio and video equipment

• A quiet and confidential environment during sessions

Failure to meet these conditions may reduce the effectiveness of therapy. The counsellor will attempt to reconnect once if a technical issue occurs; if unresolved, the session may be rescheduled at no extra charge once per client, per term.

This aligns with Consumer Contracts Regulations (2013) in ensuring service quality while recognising client-side limitations.

7.4 Cross-Jurisdiction Considerations

Canal Counselling operates under Scottish law, and clients residing in other UK regions or overseas acknowledge that this is the applicable legal jurisdiction for all disputes, confidentiality, and ethical obligations. Counselling outside the UK may be limited or declined due to legal or insurance restrictions.

This complies with:

• The Provision of Services Regulations 2009

• The General Data Protection Regulation (UK GDPR, 2021)

7.5 Emergency Limitations

Online counselling is not suitable for emergency mental health support. Clients experiencing crisis or distress outside of session hours are directed to emergency services (see Section 6). The limitations of digital therapy in assessing risk mean that the counsellor cannot provide immediate intervention or physical assistance in critical situations.

7.6 Personal Responsibility

Clients acknowledge that they are fully responsible for their own actions, choices, and wellbeing during and after online sessions. The counsellor cannot be held liable for decisions made by the client, except where outcomes are the result of proven negligence or breach of legal duty.

This is consistent with the legal principle of volenti non fit injuria, as well as obligations outlined in the:

• Consumer Rights Act 2015

• Adults with Incapacity (Scotland) Act 2000

• Mental Capacity Act 2005 (England & Wales)

 

8. Insurance and Supervision

8.1 Professional Liability and Public Indemnity Insurance

Canal Counselling maintains full Professional Liability Insurance and Public Indemnity Insurance, including coverage for services conducted both in-person, online, and aboard the mobile canal boat location. This ensures legal and financial protection for both parties in the event of an incident, accident, or claim arising from therapeutic services.

Insurance is provided in accordance with:

• The Provision of Services Regulations (2009)

• Health and Safety at Work Act (1974)

• BACP and COSCA Guidelines for Insurance Coverage (2023)

All risk assessments are regularly reviewed, and safety protocols are updated to reflect any changes in counselling location or delivery format.

8.2 Clinical Supervision

In compliance with the BACP Ethical Framework (2018) and COSCA Standards, the counsellor engages in regular clinical supervision with a qualified, independent supervisor. This ensures ethical integrity, client safety, and ongoing professional development.

Supervision includes discussion of anonymised client content for reflective and quality assurance purposes only. It is a core safeguard for:

• Clinical effectiveness

• Risk management

• Ethical transparency

Clients’ identities remain protected under supervision protocols, and no identifying information is shared without consent or legal requirement.

8.3 Risk Management and Client Safeguarding

Whether working online, in person, or in a mobile water-based setting, Canal Counselling follows rigorous health and safety procedures, including safeguarding policies for lone working, adverse weather, and emergency evacuation from the canal boat, where applicable.

This is in line with:

• The Management of Health and Safety at Work Regulations (1999)

• Care Inspectorate Scotland Guidelines

• Maritime and Coastguard Agency Safety Standards for non-commercial canal usage

Clients are expected to cooperate with any reasonable safety measures and must disclose if they have accessibility needs that could impact their wellbeing during in-person or onboard sessions.

8.4 Client Responsibility and Legal Limitation of Liability

Clients acknowledge and accept that they are responsible for their own behaviour, safety, and mental health choices before, during, and after sessions. Canal Counselling accepts no liability for the consequences of actions taken by the client, except where damage or harm is proven to have been caused directly by the counsellor’s negligent or unlawful conduct.

This clause upholds:

• The legal concept of volenti non fit injuria (one who consents cannot be wronged)

• The Consumer Rights Act (2015)

• The Health and Safety at Work Act (1974)

 

 

9. Complaints Procedure

9.1 Informal Resolution

Canal Counselling encourages clients to first raise any concerns directly and informally, either during a session or via email at canal.counselling@gmail.com. Every reasonable effort will be made to address and resolve the issue in a timely, respectful, and confidential manner, in line with the BACP Ethical Framework for Good Practice (2018) and COSCA Complaints Procedure (2023).

Where possible, complaints will be acknowledged within 5 working days and a full response provided within 21 days, unless an extension is agreed due to complexity or necessary consultation.

9.2 Formal Complaints

If informal resolution is not successful or appropriate, clients may submit a formal complaint in writing. This should include:

• The nature of the concern

• Relevant dates and details

• Desired outcome (where applicable)

A full investigation will be conducted, and records maintained in accordance with the Data Protection Act (2018) and UK GDPR obligations. Clients will be informed of findings and any outcomes or actions taken.

In keeping with principles of natural justice, both parties will be given fair opportunity to respond and clarify issues raised.

9.3 External Complaint Bodies

If internal procedures do not provide satisfactory resolution, clients retain the right to escalate concerns to the relevant professional bodies:

• British Association for Counselling and Psychotherapy (BACP):
  www.bacp.co.uk/about-us/protecting-the-public/professional-conduct/

• COSCA (Counselling and Psychotherapy in Scotland):
  www.cosca.org.uk/guidance-policies/complaints

• Information Commissioner’s Office (ICO) – for data protection concerns:
  www.ico.org.uk

These bodies are independent regulators that will assess complaints based on professional misconduct, ethical breaches, or non-compliance with legal data handling obligations.

9.4 Health and Safety or Access Concerns

If a complaint relates to a safety issue during an in-person or canal-based session, or concerns physical access, it will be addressed with priority under the Health and Safety at Work Act (1974) and the Equality Act (2010). Reasonable adjustments will be made where legally required and where they do not compromise safety or service integrity.

9.5 Client Responsibility in the Complaints Process

Clients acknowledge that submitting a complaint does not absolve them of responsibility for their own actions or outcomes. While Canal Counselling is committed to ethical, safe, and respectful practice, it cannot be held liable for:

• Misunderstandings arising from miscommunication or omission

• Discontent based on unmet expectations not contractually agreed

• Consequences resulting from client decisions made outside the therapeutic setting

This limitation is consistent with common law principles and the Consumer Contracts Regulations (2013), which require mutual transparency and respect in all service agreements.

 

10. Legal Jurisdiction

10.1 Governing Law

This counselling agreement is governed exclusively by the laws of Scotland, and any disputes arising shall be subject to the exclusive jurisdiction of the Scottish courts. This reflects the operational base of Canal Counselling and the regional delivery of services, including sessions that may take place aboard a canal boat, which is considered a mobile place of practice within Scottish territory.

10.2 Legal Compliance

Canal Counselling complies with the following legislation and regulatory frameworks:

• The Consumer Rights Act (2015) – ensuring fair, transparent service provision.

• The Consumer Contracts Regulations (2013) – particularly relevant for online bookings and remote services.

• The Equality Act (2010) – upholding non-discriminatory access and reasonable adjustments.

• The Health and Safety at Work Act (1974) – ensuring safe environments for in-person, online, and water-based sessions.

• The General Data Protection Regulation (UK GDPR) and Data Protection Act (2018) – covering all aspects of data collection, storage, and use.

• The Mental Health (Care and Treatment) (Scotland) Act 2003 – relevant when assessing and supporting clients with serious mental health needs.

10.3 Geographic and Mobile Nature of Services

As sessions may be held in-person, online, or aboard a travelling canal vessel, clients understand that the location of the session does not alter the applicable jurisdiction. Regardless of the physical setting, the service remains legally grounded in Scotland and under Scottish professional standards.

Clients attending sessions aboard the vessel do so voluntarily and accept responsibility for their own safety and conduct in these unique environments. The counsellor will take all reasonable steps to ensure client safety, but liability is limited except where negligence or breach of statutory duty is proven.

10.4 Limitation of Liability

Clients acknowledge and accept that they are responsible for their own decisions, behaviours, and outcomes within and beyond counselling sessions. This includes any actions taken based on insights, guidance, or reflections arising from therapy. Canal Counselling and its representatives will not be held liable for the client’s choices or consequences thereof, except where caused by proven professional negligence or breach of legal duty.

This is in accordance with:

• The common law principle of volenti non fit injuria (no injury is done to one who consents)

• The Unfair Contract Terms Act (1977), which allows for reasonable limitations of liability

• The BACP Ethical Framework (2018) and COSCA guidance, which promote mutual respect, honesty, and client autonomy

 

11. Agreement and Consent

11.1 Informed Consent

By engaging with Canal Counselling, you confirm that you have read, understood, and voluntarily agree to the terms outlined in this document. This constitutes a legally binding agreement under the laws of Scotland. Clients entering into counselling do so with informed consent, in accordance with ethical guidelines from BACP (2018) and COSCA, and with reference to the Mental Health (Care and Treatment) (Scotland) Act 2003 where applicable.

11.2 Responsibility and Autonomy

Clients acknowledge that counselling is a collaborative and exploratory process. While the counsellor facilitates therapeutic support, clients retain full autonomy and responsibility for any decisions, actions, or changes they choose to make during and following the course of therapy. Canal Counselling does not provide directive advice or guarantees of outcome.

Clients accept that the therapist is not liable for the consequences of their personal or professional decisions, except in cases of proven negligence or breach of duty. This aligns with the common law principle of personal responsibility, the Consumer Rights Act 2015, and the Unfair Contract Terms Act 1977.

11.3 Digital and Remote Consent

By attending online sessions, clients consent to the use of encrypted, GDPR-compliant platforms and accept the inherent digital risks, in line with guidance from the British Psychological Society (BPS, 2020) and the Information Commissioner's Office (ICO). Clients are expected to participate from a private, secure location and to notify the counsellor of any technical or privacy concerns that may arise.

Legal and Ethical Frameworks:

• Data Protection Act 2018 & UK GDPR: Client data (e.g., names, contact details, and correspondence) is collected with informed consent, processed lawfully, and stored securely. Clients have the right to access, correct, or request the deletion of their personal data.

• PECR (Privacy and Electronic Communications Regulations): Contact preferences are respected. Communications (e.g., appointment reminders or updates) are only sent with the client’s consent.

• Common Law Duty of Confidentiality: All interactions are treated confidentially, unless disclosure is required by law or necessary to protect from serious harm.

• Ethical Guidelines (COSCA, BACP): The use of technology in therapy is guided by ethical standards prioritising security, informed consent, and professionalism.

Security and Confidentiality Measures:

• All digital platforms used are selected for their high privacy and security standards.

• Sessions and communications will never be recorded, stored, or shared without explicit client consent, except where required by law.

• In the event of technical disruption, efforts will be made to reconnect immediately. If reconnection is not possible within 10 minutes, the session may be rescheduled at the counsellor’s discretion.

• All communication records are stored in accordance with the Record Keeping Policy and retained securely for a minimum of five years.

11.4 Consent to Mobility and Unique Setting

For in-person sessions aboard the Canal Counselling vessel, clients understand that they are attending a mobile and potentially changing environment. Clients voluntarily accept the nature of this setting and agree to behave with reasonable care for their own wellbeing and safety, in line with the Health and Safety at Work Act (1974). The counsellor holds appropriate public liability insurance and will maintain health and safety standards, but cannot assume responsibility for personal conduct or accidents unless caused by negligence.

11.5 Duration and Amendments

This agreement remains in effect for the duration of the counselling relationship and is subject to annual review. Canal Counselling reserves the right to update the terms to reflect changes in:

• Legal regulations (e.g., data protection, consumer rights)

• Ethical guidance from BACP/COSCA

• Service structure or delivery format

You will be notified of any material changes. Continued participation following such updates implies acceptance.

11.6 Acknowledgement

By commencing counselling, whether in person or online, you confirm:

• That you have received, read, and understood this agreement

• That you consent to the terms without coercion

• That you accept full personal responsibility for your engagement in the therapeutic process

For any clarification or concerns, please contact:
📧 canal.counselling@gmail.com

Prepared in compliance with Scottish law and BACP/COSCA ethical standards. For questions, contact canal.counselling@gmail.com.

12. Territorial Scope, Geographical Jurisdiction, and Insurance Coverage

Canal Counselling offers counselling services worldwide, both in-person (where location permits) and online. Services are primarily provided within the United Kingdom, including Scotland, England, Wales, and Northern Ireland, but may also be accessed internationally via online platforms.

Clients accessing services outside the United Kingdom acknowledge that local laws, regulations, and professional standards governing counselling, data protection, and mental health may differ significantly in their jurisdiction. It is the client’s responsibility to ensure that receiving counselling services from Canal Counselling complies with the laws and regulations applicable in their own country (UK Ministry of Justice, 2023; NHS Digital, 2022).

Canal Counselling holds both professional indemnity insurance and public liability insurance with territorial coverage extending to international remote services, aligned with the requirements of the British Association for Counselling and Psychotherapy (BACP, 2021) and the Chartered Insurance Institute (CII, 2020). Liability coverage is limited according to the insurer’s policy terms and generally applies within the UK and selected international jurisdictions as defined by the policy.

Clients residing in countries where such insurance coverage is not applicable must notify Canal Counselling prior to therapy commencement so any risks can be assessed and suitability determined.

Clients accessing counselling services internationally agree that this agreement is governed by UK law and jurisdiction, specifically the laws of Scotland for contractual and professional matters (UK Courts and Tribunals Judiciary, 2021; Consumer Rights Act 2015). Clients accept full responsibility for compliance with local laws and agree that Canal Counselling and the counsellor cannot be held liable for any legal, regulatory, or professional issues arising from the cross-border provision of services.

By engaging with Canal Counselling internationally, clients voluntarily assume all risks related to geographical and jurisdictional differences, including limitations in insurance coverage and conflicts with local law. This voluntary assumption of risk is consistent with the legal doctrine of volenti non fit injuria meaning no injury or liability arises where a person knowingly consents to the risk (Salmon v. Seafarer’s Mutual Protection & Indemnity Association [1983] 1 AC 424).

 

References

• British Association for Counselling and Psychotherapy (BACP). (2021). Professional Indemnity Insurance Guidance. Retrieved from https://www.bacp.co.uk/

• Chartered Insurance Institute (CII). (2020). Territorial Limits in Professional Indemnity Insurance Policies. London: CII Publications.

• Consumer Rights Act 2015, c.15. UK Public General Acts. https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

• Ministry of Justice (UK). (2023). Jurisdiction and Enforcement of Judgments. London: UK Government Publications.

• NHS Digital. (2022). Guidance on Providing Healthcare Services Across Borders. NHS England.

• Salmon v. Seafarer’s Mutual Protection & Indemnity Association [1983] 1 AC 424.

• UK Courts and Tribunals Judiciary. (2021). Jurisdiction and Legal Proceedings. Retrieved from https://www.judiciary.uk/