BACP Ethical Framework 2026: Understanding What It Means for Private Practice

Has the new BACP Ethical Framework 2026 left you wondering what you’re supposed to do in order to be ethical?

There’s been a lot of discussion in the Good Enough Counsellors community about clinical wills and what happens to our notes after we die. Even people who initially felt comfortable with their arrangements have started wondering if they’re missing something.

And I understand that. We care about our clients and want to make sure we’re practising ethically. However, the focus on clinical wills and notes has meant less discussion on how the framework helps to resolve these ethical dilemmas.

So I was delighted to speak with Nicola Blunden, BACP’s Deputy Head of Professional Standards, and Marita Morahan, who led the review of the Ethical Framework.

Our conversation helped me understand how to use the framework and how it can help us think through practical questions about running a private practice.

If you’d prefer to listen, you can access the full conversation in Ethical Framework 2026: A Conversation with BACP here:

If you would like to subscribe to the podcast, click here.

Why doesn’t the BACP provide a clear answer?

When you’re worried about an ethical issue, it’s understandable to want someone to tell you what to do.

Being directed towards more reading can feel frustrating when you’re already busy. You want to get on with your work, knowing that you’re doing the right thing.

But as Nicola explained, it’s difficult to give an answer that fits every therapist, every client and every situation.

We work in different settings, with different people and different responsibilities. Even within one practice, something helpful for one client may be unhelpful for another.

That doesn’t mean there are no firm requirements. There are. But where professional judgement is needed, we have to consider the particular relationship and circumstances.

Relationship and context: why they matter

The cornerstone of the new Ethical Framework is about working relationally and giving consideration to the different contexts that apply in decision making.  

Nicola used self-disclosure as an example.

Sharing something about ourselves might help a client feel understood or less alone. In another situation, it could shift attention towards the therapist or leave the client feeling responsible for them.

We therefore need to consider why we’re sharing, whose needs it serves and how this particular client might experience it.

The same thinking applies to other ethical questions. We need to understand what is happening within the relationship and what factors outside it matter, including relevant legal or professional responsibilities.

This was an important part of what clicked for me during the interview. The framework’s questions help us bring those considerations together.

Using the ethical decision-making questions

Marita described the importance of being able to explain our “workings out”.

The first section of the framework provides questions to help us develop a rationale for our decisions. In simplified form, these ask us to consider:

• What are the ethical issues?
• How will we involve the person affected? If we cannot, why?
• What factors within the relationship are relevant?
• What factors outside the relationship are relevant?
• What decisions and actions followed, what happened, and were they consistent with the framework?
• How was the process reviewed, and with whom?

I’d read these questions without recognising how useful they could be for practical concerns such as record keeping.

Talking with Nicola and Marita helped me see that I could use them to explore exactly the sorts of questions being raised in the group.

We can also use them to inform discussions in supervision and identify where we need further information or support.

What does collaborative working mean?

Collaboration involves listening to the person affected and allowing their perspective to inform our decisions.

Nicola gave the example of considering an ending in therapy.

In a situation where we make the decision, we might explore whether the client is ready to end in supervision, thinking about the work and our own feelings. 

However, collaborative working means we can talk with the client about how they’re experiencing the sessions and whether an ending or pause feels appropriate – in addition to our work in supervision.

The client’s response becomes part of the decision-making process.

We retain our professional responsibilities, but wherever possible and appropriate, we work things through with the people affected.

What does the framework mean for record keeping?

How much should we write? What needs to be recorded? Should our private practice notes look like the notes we keep in an organisation?

These were some of the practical questions we explored.

Nicola emphasised considering what is necessary and helpful for the work, alongside the relevant guidance and responsibilities. Records need to be appropriate, accurate, relevant and secure, and we need to be transparent with clients about our arrangements.

Someone working in an organisation may have a particular recording system to follow. Their private practice may have different requirements.

That doesn’t make either system automatically right or wrong. It means we need to understand why we keep the records we do and how our approach meets the responsibilities that apply.

Clinical wills and notes after death

Clinical wills have prompted particular concern, especially where insurers have requirements about retaining records after a therapist dies.

Marita explained that planning for illness and death was already part of the previous framework’s approach to breaks and endings. The new wording makes the arrangements more explicit.

Nicola brought us back to the purpose: protecting and supporting clients if something happens to their therapist.

How will clients find out? Who will contact them? How will their confidential information be protected?

These are important questions, alongside any requirements about retaining records.

We also discussed concerns about clients not wanting another person to access their notes. Nicola emphasised honesty and transparency about what happens to personal information.

For me, this highlighted the importance of including clients in our thinking. Their concerns deserve consideration.

Nicola also explained that practitioners need to understand and follow their insurance requirements. If those requirements are incompatible with their approach, considering another insurer may be an option. Careful attention needs to be given to the alternative cover including the implications of changing insurer and whether this will impact cover for clients you’ve seen prior to the change.

The conversation didn’t provide one instruction for everyone to retain or destroy notes. It helped identify the different responsibilities we need to work through.

Power, compassion and getting things wrong

The interview also explored anti-oppressive practice and how we use power.

Marita spoke about assumptions and power dynamics that we may not immediately recognise. Nicola reflected on how difficult it can be, as a client, to tell a therapist that they’ve misunderstood or hurt us.

For clients to raise something difficult, they need to trust that we can hear it.

That means being willing to listen, acknowledge mistakes and explore their impact. It also requires compassion towards ourselves, so that our fear or defensiveness doesn’t prevent us from hearing the client.

This feels especially relevant when so many of us worry about being good enough.

Social media and AI

We also discussed how ethical principles apply beyond the therapy room.

With social media, Nicola encouraged us to consider the disclosures clients can access about us and the potential effect on trust. Our online presence can become part of how people experience us as therapists.

On AI, Marita’s closing message was to retain responsibility for our decision-making. Technology cannot take over that professional responsibility.

These questions bring us back to relationship, context and the impact of our actions on the people we work with.

Working through uncertainty with support

What I appreciated about the conversation was hearing Nicola and Marita acknowledge how uncomfortable uncertainty can feel.

They are therapists themselves. They understand the wish to get things right and the worry of facing difficult decisions.

The framework gives us a structure for considering those decisions. Supervision and the BACP Ethics Service can support that process.

If you’ve mainly focused on a particular clause that worries you, it may help to return to the opening sections and consider how the decision-making questions could support you.

Further information

• Access the BACP Ethical Framework 2026 HERE
• You can contact the Ethics Hub and see more resources HERE

The Ethical Framework 2026 takes effect on 3 November 2026. This article reflects our interview discussion and should be read alongside the framework and relevant guidance.

Frequently Asked Questions

How do I use the BACP framework to make an ethical decision?

Start with the decision-making questions in section A. These help you identify the ethical issue, consider the relevant factors, involve the people affected where appropriate, and review what you decide. You can use them to prepare for supervision or identify where you need further guidance. They can help with practical questions about running your practice as well as dilemmas that arise in client work.

What does working collaboratively with clients mean in the BACP Ethical Framework?

It means involving clients in decisions about your work together, wherever possible and appropriate. This includes listening to their concerns and preferences and allowing those to inform your thinking. You still hold responsibility for your professional decisions, but the client’s perspective is an important part of the process.

What does the BACP ethical framework say about keeping counselling notes?

Section 3.2 says records must be factual, adequate and relevant for the service offered, stored securely and compliant with applicable data protection requirements. Records include communications such as emails and messages, as well as session notes. The framework doesn’t prescribe one format for everyone, so you need to consider what is appropriate for your work and explain your arrangements to clients.

Do counsellors need a clinical will?

The BACP Ethical Framework 2026 requires BACP members to have a clinical will and appoint an executor who is bound by confidentiality. This person needs to be able to communicate with clients if you become unable to contact them yourself or die. The purpose is to minimise disruption and protect clients if something happens to you.

Does the BACP ethical framework require counselling notes to be kept after a therapist dies?

The clinical will clause does not specify a retention period or instruct everyone to retain or destroy session notes after death. However, your insurer may have requirements you need to follow. It’s important to check these, consider your responsibilities around confidentiality and data protection, and be transparent with clients about your arrangements.

Where can I get help with an ethical dilemma?

Supervision is an important place to explore ethical questions. BACP members can also contact the Ethics Hub for support. They may help you identify relevant guidance and considerations rather than tell you exactly what to do, because the decision needs to take account of your particular circumstances and relationship with the client.

Does the BACP Ethical Framework apply to social media?

Yes. It requires a clear boundary between personal and professional social media and digital accounts. It also says that public communications, whether personal or professional, must reflect the framework’s ethical principles. Consider what clients could see, how it might affect them and how you will manage contact and boundaries online.

What does the framework say about using AI?

Before using AI, digital tools or online platforms, members must assess the risks, be competent to use them and understand how information is handled and stored. We need to be transparent about their use and obtain informed consent before entering a client’s personal data. We must also retain responsibility for our decisions, critically evaluating AI’s output rather than allowing it to decide for us.

About The Good Enough Counsellors Podcast

The full conversation, transcript, and show notes for this episode, “Ethical Framework 2026: A conversation with BACP” are hosted and securely indexed via our player above.  To catch every future episode of Good Enough Counsellors, subscribe on Apple Podcasts or Spotify.

Note:

I used AI to draft this article based on the episode and transcript, and then reviewed and edited it based on my understanding of the conversation.