Confidentiality: An Interdisciplinary Issue

The current interest within our profession in issues of confidentiality reminded me of an address by Lord Bingham on that subject, written for an interdisciplinary audience (Inaugural Lecture of the National Council for Family Proceedings, ). Lord Bingham has generously agreed to revise and update ‘Confidentiality: an interdisciplinary issue’ for publication.

Whilst most readily comprehensible to lawyers, the address contains points of interest for psychoanalytic psychotherapists, notably his explanation of the frequently misunderstood term ‘legal professional privilege’ as well as his clarification of the rationale behind the usual requirement of ‘openness’ in court proceedings. By giving us the historical context in which our need for a measure of privilege comes to the fore, we are helped to understand the difficulties we face in our attempts to withhold evidence (or that which is perceived to be such by others). Although Lord Bingham's main focus is on children's cases, the legal references would be useful in alerting any lawyer we might consult to the issues involved (some colleagues' recent experiences would confirm that to be necessary), and it has relevance for us whether we are ‘Child’ or ‘Adult’ therapists. Adults are invariably involved in legal cases concerning children, whether as parents, carers, social workers or in various other capacities. As children are never called upon to be witnesses, adults fulfil that function. Any of us might have such a person as our patient.

This paper's interdisciplinary provenance is useful in encouraging us not to see the legal system or lawyers as unsympathetic to our position. It is understandable that those required to give evidence against their own best judgement feel bruised by the experience, but I have noticed a certain hostility towards legal issues amongst us, perhaps resulting from feeling threatened. (Indeed there is anecdotal evidence, from some practitioners who have been involved in legal procee