Subject access requests for therapy notes: a UK guide for therapists

    When a client asks to see their notes, you have a legal deadline and some difficult judgements to make. Here is how the rules work in 2026, including recent changes and one point most guides miss.

    By the NoteSono team · Last reviewed · 11 sources checked

    The short answer

    Yes, clients can see their therapy notes. Under UK GDPR, a client can ask for a copy of the personal information you hold about them, in writing or out loud. You must respond within one month, free of charge in almost all cases.

    You can extend by two months if the request is complex, and since February 2026 you can pause the clock while you ask the client to clarify what they want. You can remove information about other people, and in limited cases withhold information likely to cause serious harm, but you cannot change or destroy notes after a request arrives.

    Deadlines, fees and ID

    RuleWhat it means for you
    One monthCount from the day you receive the request to the same date next month. If that is a weekend or bank holiday, you have until the next working day.
    ExtensionUp to two further months if the request is complex. Tell the client, with reasons, within the first month. The ICO says needing a health professional's opinion can make a request complex.
    Stop the clockFor requests received from 5 February 2026, if you genuinely need the client to clarify what they want, the clock pauses until they reply. You cannot ask as a matter of routine.
    FeeFree. You can only charge for manifestly unfounded or excessive requests, or for extra copies.
    IDOnly ask if you reasonably doubt who is asking. The clock starts when you receive it.
    SearchSince 2025 you need to make a reasonable and proportionate search, not find every scrap. You must be able to explain why a search would be unreasonable.

    What counts: session notes, process notes, emails

    The request covers all personal information about the client that you hold electronically or in a structured paper filing system. That usually includes:

    • assessment and session notes, in whatever format
    • outcome measures and scores
    • emails, texts and messages with the client
    • invoices and payment records
    • contracts, consent forms and referral letters
    • notes you made about the client for supervision

    Process notes are not exempt

    UK law has no equivalent of the US "psychotherapy notes" rule. BACP's record-keeping guidance says that "even a practitioner's personal reflections about a client that are scribbled down on a scrap of paper could be regarded as a record", and that notes made for supervision about an identifiable client are records too. If they relate to an identifiable client, the client can ask for them, wherever you keep them.

    Never edit after a request

    It is a criminal offence to change or delete information you have been asked for in order to prevent its disclosure. Keep everything exactly as it was when the request arrived.

    Information about other people

    Therapy notes are full of other people: partners, parents, children, colleagues. You do not have to disclose information that identifies someone else unless they consent or it is reasonable to disclose it without consent. Weigh up the type of information, any duty of confidence to that person, whether you could ask them, and whether they have refused.

    Often the client already knows the information, because they told you. In that case disclosure is usually reasonable. Redact what the client would not already know, such as something a family member told you in confidence.

    Withholding information that could cause serious harm

    UK data protection law lets a controller withhold health information if disclosing it would be likely to cause serious harm to the physical or mental health of the client or someone else. How you can use this depends on whether the law treats you as a "health professional".

    You areHealth professional under the Data Protection Act 2018?
    HCPC practitioner psychologist or arts therapistYes
    Child psychotherapistYes, named in the Act
    Counsellor or adult psychotherapist on a BACP, UKCP, NCPS or BPC register onlyNo

    For controllers who are not health professionals, the Act says you cannot withhold health information on serious-harm grounds on your own judgement. You need an opinion, from within the last six months, from the "appropriate health professional", usually the clinician responsible for the client's care, such as their GP or psychiatrist. The Act also says that without such an opinion, a non-health-professional should not disclose health information the client has not already seen or does not already know.

    This area is unsettled

    We have not found ICO, BACP or UKCP guidance on how these rules apply to counsellors and psychotherapists. Much of what is in session notes is already within the client's knowledge, which the Act treats differently. But your own formulations, hypotheses and risk assessments may not be. If a request involves material you are worried about, take advice from your professional body's legal helpline or your insurer before you respond, and record the advice you get.

    Letter templates

    Adapt these to your situation. Replace everything in highlighted brackets.

    Acknowledging a subject access request

    Acknowledging a subject access request

    Dear [client name],

    Thank you for your request, received on [date], for a copy of the personal information I hold about you.

    I will respond by [date: one month from the date received]. If I need more time because the request is complex, I will tell you before that date and explain why.

    [Only if genuinely needed: So that I can find the information you want, could you tell me whether you are asking for everything I hold, or for particular records, such as session notes from a certain period? The time I have to respond is paused until I hear from you.]

    [Only if you have real doubt about who is asking: Before I can send personal information, I need to confirm your identity. Please [describe a proportionate check].]

    There is no charge for this.

    Kind regards,

    [your name]

    [practice name, contact details]

    Responding to a subject access request

    Responding to a subject access request

    Dear [client name],

    Following your request of [date], I enclose a copy of the personal information I hold about you.

    What I hold

    [List the records enclosed, e.g. contact details, assessment notes, session notes from [date] to [date], emails and texts, invoices.]

    Why I hold it

    To provide you with [counselling / psychotherapy], to keep the records my professional body and insurer require, and to manage appointments and payments.

    Who I share it with

    [e.g. My clinical supervisor, without your name or identifying details. My software providers, who store information securely on my behalf: [names]. No one else, except where the law requires it.]

    How long I keep it

    [e.g. Until [6] years after our work together ends, after which it is securely destroyed.]

    What has been withheld

    [Either: Nothing has been withheld. / Or: I have removed information that identifies other people, because [reason]. / I have withheld some information because [exemption, in general terms].]

    Your rights

    You can ask me to correct information you think is wrong, and in some circumstances to restrict how I use it or to object to it.

    If you are unhappy with how I have handled your information, you can complain to me at [email or address], and I will acknowledge your complaint within 30 days. You can also complain to the Information Commissioner's Office at ico.org.uk or on 0303 123 1113.

    Kind regards,

    [your name]

    The response must include the supporting information UK GDPR lists: why you hold the data, who you share it with, how long you keep it, the client's rights, and, since June 2026, their right to complain to you as well as to the ICO. The template covers these.

    Writing notes you would be comfortable sharing

    1. Assume any note may one day be read by the client. Write factually and respectfully.
    2. Separate what the client said from your interpretation, and label interpretations as such.
    3. Keep notes in one place, so a search is quick and complete.
    4. Avoid recording third-party details you do not need.
    5. Have a retention period and stick to it. You cannot be asked for notes you have lawfully destroyed.

    See our guide to how long to keep therapy notes.

    Common questions

    Can a client ask to see their therapy notes?

    Yes. Under UK GDPR a client can ask for a copy of the personal information you hold about them, including session notes. You must respond within one month, usually free of charge.

    Do process notes have to be disclosed?

    If they relate to an identifiable client and are held electronically or in a structured filing system, they are personal data and are covered. UK law has no separate exemption for process notes.

    How long do I have to respond to a subject access request?

    One month from the day you receive it, extendable by two more months for complex requests if you tell the client within the first month. For requests from 5 February 2026, the clock pauses while you wait for a reasonably needed clarification.

    Can I charge for a subject access request?

    Almost never. You can charge a reasonable fee only for manifestly unfounded or excessive requests, or for additional copies.

    Can I refuse to show a client something that might harm them?

    Health information likely to cause serious harm can be withheld, but counsellors and psychotherapists who are not HCPC registered are not "health professionals" under the Data Protection Act 2018. They need an opinion from the appropriate health professional first. Take advice before withholding anything.

    Sources

    Checked on 19 October 2026. Rules and prices change, so check the source before you rely on a figure.

    1. ICO: What should we consider when responding to a request? — deadlines, stop the clock, ID, fees
    2. ICO: How do we recognise a subject access request?
    3. ICO: How do we find and retrieve the relevant information?
    4. ICO: Health information and the right of access
    5. Data Protection Act 2018, section 204: meaning of health professional
    6. Data Protection Act 2018, Schedule 3 Part 2: health data
    7. Data Protection Act 2018, Schedule 2 Part 3: third-party information
    8. Data (Use and Access) Act 2025, section 76 — time limits and stopping the clock
    9. Data (Use and Access) Act 2025 (Commencement No. 6) Regulations 2026
    10. UK GDPR Article 15
    11. BACP Good Practice in Action 065: confidentiality and record keeping

    This guide is general information, not legal advice. The rules on health information for practitioners who are not statutory health professionals are not settled. Take advice from your professional body or a data protection lawyer for any request that worries you.

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