Is the HPC Legal? STOP AND THINK! says new EU report.

Is the HPC Legal? Stop and Think! says the new report issued by The National Council for Psychotherapy.

Italian Barrister Alessandro Amicarelli was commissioned to make a full analysis of the developments of work conducted towards proposed legislation on statutory regulation of psychological therapy practitioners in the UK via the HPC. What follows is a selection of information commentary and quotes from the first half of this important document. Go to the NCP website to download a pdf for yourself.

Richard Mark of the NCP will go to Westminster Hall on Monday and present Anne Milton with a bound copy of the report, together with a full pack of appendices.

Amicarelli’s 72 page report begins by reminding us that the UK does not have a tradition of State intervention in the liberal professions, and in fact is amongst the most liberal countries in the European Union with respect to regulation. Or at least we used to be. However, after reading this report we may well wonder whether we are about to wander off this noble liberal track and turn into something a lot less familiar.

The report clarifies the most perplexing questions and comes up with some surprises:

• Is this state or statutory regulation? It is statutory, but only because the state has abdicated its responsibility.

• Is HPC independent of or accountable to the Government? It is independent, but only because the state has abdicated its responsibility.

• Is there or is there not a link between HPC, SfH, NIMHE, IAPT etc. NO! But only because the State has not thought it through.

• Why have counselling and psychotherapy not been given their own regulatory body (like doctors, dentists, pharmacists etc)? Who can say? Nobody knows.

• Why is there a different approach to regulation of doctors, dentists, midwives and other related health professions? Who can say? Does anybody care?

• What are the similarities and differences between HPC and its predecessor CPSM? The CPSM allowed professionals to choose, the HPC removes choice.

Data transfer - data capture

A distinctive feature of discourse within the HPC is 'data capture'. The organisation is structured around a data-base, and 'data capture' is indeed part of computer-geek-speak. Thanks to the essential work of Max Weber, we don't have to be naive about this expansionist, aggressive, and powerful discourse.

To mistake the HPC for an entity without its own desire might have been Ian Kennedy's folly, but the rest of us don't need to be so daft - especially with the benefit of hindsight.

The HPC stands to gain at least £4m a year in registrant fees by taking on the counsellors and psychotherapists. Sometimes they estimate that this could even be double: £8m a year. No wonder it wants to 'capture' the data. It will allow HPC to send automated invoices, and to follow those invoices with automated legal threats to chuck you in the clink for non-payment and take away your livlihood.

Some of the existing professional organisations have already taken precautions and are restructuring their own membership registers to reflect the objections of those of their members who cannot in all good conscience sign up to the HPC. People must act now to avoid their data being transferred without their permission.

If no special action is taken, then the data is automatically transferred by power of law on the date specified in any future section 60 order. If the professional decides against taking up the possibility of HPC registration their data remains on the database at the HPC 'just in case'. See the letter from Michael Guthrie to Andrew Samuels below.

Power without responsibility, oooh, it is a terrible thing.