AI and the BACP Ethical Framework: Where Do You Start?

Does the thought of using artificial intelligence (AI) in your therapy practice scare you? Perhaps you’ve decided you won’t touch it with the proverbial barge pole.  Much safer not to face the ethical issues that are involved by avoiding its use altogether.

But it’s possible that you’re using it already without realising.

Part of the difficulty is that most of us are therapists, not technologists. There are many aspects of modern life we take for granted without thinking about it.  And AI seems so futuristic and technical we tend to think it is irrelevant to us.

AI is changing our world so quickly that it’s difficult to keep up.  And that doesn’t just apply to those of us who might think of ourselves as tech dinosaurs.  There’s a lot of people who sit nervously between the early adopters and the naysayers, wondering how we can use it but not really knowing.

In the latest Good Enough Counsellors episode: AI and the BACP Ethical Framework: Where Do You Start? I help you to think about some of the questions you can usefully ask to enable you to look after your clients.

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Could you already be using AI in your counselling practice?

In his excellent book, Ethical AI Practice: for Counsellors and Psychotherapists in the UK, Ken Kelly suggests a good starting point for thinking about ethics is to do an audit of your existing practice and where AI might be making an appearance.

Examples include:

• Your email service (for example, are you getting summaries of each email on your phone?)
• Your practice management system (are there any predictive features?)
• Your video conferencing app (is it offering automated transcription?)

It’s helpful to examine the actual features and settings you have enabled rather than to assume it definitely includes AI.

Also, distinguish between what is automated (e.g., an appointment reminder) and AI.

Then ask yourself, what does this particular tool do with the information it handles?

What does the BACP Ethical Framework say about AI?

The Ethical Framework locates ethics around the use of AI in the section on keeping ourselves, our colleagues and those using our services safe.

It states we should assess the risks of AI and be able to demonstrate:

• Competence
• Understanding of the way data is handled and what happens to it
• Be honest and transparent about its use
• Obtain informed consent for its use
• And to take responsibility for our decisions, not outsource them to an AI tool.

What should you check about the tools you use?

For a more in-depth discussion, please consult Ken Kelly’s Ethical AI Practice which contains a useful “matrix” to help you assess tools.

The BACP will shortly be publishing more guidance to support you in this process.

It’s important for you to assess your AI usage so that you can accurately inform your clients and obtain their consent for their data to be processed in this way.

Here are a few pointers:

1. Client information. What is collected, how is it processed and stored, who can access it, and how long is it retained?
2. Data transfer.  Is the data staying in the UK (some practice management apps specify this), or is it being stored elsewhere in the world?  If so, do you have a suitable data processing agreement in place?
3. Other uses.  Is the information being used to train AI?
4. Insurance.  Does your insurance cover your use of AI tools?
5. Supervision. Have you discussed your use with your supervisor and do they understand how it works and potential risks?
6. Diversity, equity and inclusion. Is there a likelihood that the tool could be biased or reinforce stereotypes?

Never enter client information into large language models such as ChatGPT, Claude or Gemini.  Removing their names alone does not guarantee anonymity or resolve ethical issues around confidentiality and consent.

You may need to delve into individual application’s terms and conditions. AI can be very useful for this task, pointing you towards relevant clauses or providing summaries. However, do be aware that it can make mistakes or miss important details, so always check the original wording

Feeling overwhelmed? Start with one tool and one useful question.

• Choose one tool you already use
• Look at its settings and what the provider tells you about data handling
• Note what you understand, what remains unclear and any action you need to take
• Bring ethical questions to supervision and seek clarification where necessary

Final Thoughts

Remember, even by reading this article you’re making a start on following what the ethical framework says about the use of AI.  In this way, you’re taking care of your clients.

Coming soon on Patreon – helping prospective clients find your practice through AI.  This short series of podcasts will help you ensure you’re doing everything you can to be found and recommended by AI.

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About the Good Enough Counsellors Podcast

You can access the complete recording, full transcript, and detailed notes from our discussion, “AI and the BACP Ethical Framework: Where Do You Start,” right inside the embedded audio player. To make sure you never miss an upcoming release of Good Enough Counsellors, follow the podcast on Apple Podcasts or Spotify.