Ahead of tonight’s UKCP meeting members about the Board election with we wanted to give a loose timeline and comments on UKCP’s withdrawal from the MoU.
In short: UKCP withdrew citing concerns that the MoU applied to children. The MoU does not prescribe how we work, except that we must start from the premise that no one identity (cis or trans) is better than the other. The UKCP’s clarification letter then says more about this, but draws on irrelevant things to support its point (which is a concern about working with children). Then a letter from the UKCP’s board cites legal actions as a reason. We were aware of one legal action involving UKCP, which they settled early this year. We are aware of one other legal action which also does not specify children. However, the clarification letter now states legal actions (and resultant increase in insurance) as a significant reason. Whether children are covered under the MoU2 is irrelevant to the claims, as this disctinction would not have stopped either legal action (which began in 2022 BEFORE the re-signing of the MoU2). The long UKCP letter claims “we couldn’t directly engage with you all due to the content of some of the organisational risks”. NCPS also failed to engage with its members on this. However, when approached, NCPS were open about their reasons (financial). If UKCP was also struggling with the financial aspect, they too could have been transparent from the start. Pink Therapy, who were forced to withdraw from the MoU (for insurance reasons) were transparent about this aspect.
We argue that the insurance premiums, whilst perhaps a genuine concern, are a red herring for the real issue here, which is that the MoU SHOULD cover all people. We also argue that if it was explicit that children were not covered, UKCP would be facing the same issue of finances.
Conversion therapy kills. The view put forward by people describing themselves as “gender critical” is that trans people are at best deluded about their experiences and at worst, predatory. Gender critical therapists apply the term “exploratory therapy” to their work with trans clients and trans clients only, which in the context of gender critical views and the limited application of “exploratory therapy” means that this can only be conversion therapy by another, more palatable name. The legal cases mentioned by UKCP have BOTH been in place since before the UKCP re-signed the MoU in 2022. This would also mean that the insurance company would have been aware of these cases for over a year.
At length:
UKCP initially withdrew citing the following reasons:
“The UKCP Board of Trustees reached this decision following concerns it held regarding whether the MoU applies exclusively to adults, or if children and young people are included in its scope. UKCP has received clarification that the MoU does indeed relate to all ages. Upon investigation, it became evident that there are historical concerns held by a number of UKCP colleges that regulate psychotherapeutic work with children and young people relating to this subject, and which have yet to be addressed – hence our decision to withdraw at this time.” (UKCP update on conversion therapy (psychotherapy.org.uk))
It seems clear from this statement that the issue for the UKCP here is about conversion therapy and children.
Their clarification states:
“Children and young people require and deserve careful support, that is often different from what is required for adults.
UKCP has been concerned for some time that this is not reflected in the current MoU. The current MoU was drafted to apply to adults and was retrospectively applied to children and young people without consultation with the relevant bodies and child therapists with the specialist and regulatory knowledge of working with children and young people.” (UKCP withdrawal from MoU on conversion therapy (psychotherapy.org.uk))
UKCP has not raised concerns suggesting this is the case in the past. The current MoU has consistently been accepted as a document that would protect LGBTQ+ youth as well as adults from conversion therapy since its inception. In particular, UKCP as a signatory agreed to the BPS Document ‘Guidelines and Literature Review for Psychologists Working Therapeutically with Sexual and Gender Minority Clients’ as the basis for their work in relation to the MoU as early as 2012. The document incorporates adults, young people and children.
In 2015 the UKCP agreed to the following as part of the publication of MoUv1 under the section: ‘Roles and Responsibilities’ that:
“Training Organisations will refer to the BPS guidelines on working with gender and sexual minority clients when reviewing their curriculum on equality and diversity issues”.
Within this document Children and young people are mentioned in Part II.
At several points along the way and between 2012 to date there have been ample opportunities for UKCP to move from the inclusion of children and young people and they have not. Trustees of UKCP have attended and been a party to discussions within the MoU about inclusion of young people as ‘members of the public’ who might be impacted by conversion therapy. UKCP Trustees have always been party to the knowledge and decision making surrounding MoU1 and 2, and the spirit, aims, and wording of these documents were unanimously aimed at safeguarding LBGTQ+ youth from conversion therapy. This is well documented and witnessed by those in attendance as signatory members. UKCP Trustees have attended meetings and been part of the decision making process.
As late as 2019 the MoU2 released a position statement to the press, agreed by all members including UKCP, which states clearly that:
“… a legal ban should not divert our attention from the fact that education and professional training remain essential in order for practitioners to be able to work competently with LGBT people of all ages and to provide them with a safe and respectful environment in which they can explore who they are without judgement or fear”.
UKCP has always been part of the decision making process surrounding the MoU2, and have always been aware that conversion therapy involving LGBT members of the public of all ages is harmful. As a signatory to the MoU2 UKCP have previously agreed that an adequate description of the MoU Coalition submitted to Parliamentary members is that the Coalition ‘acts on behalf of’ children and young people as well as LGBT people of all ages’ as part of its brief to government consultations.
It is not clear what the concern actually is. UKCP says it is against conversion therapy and the MoU states that:
“’conversion therapy’ is an umbrella term for a therapeutic approach, or any model or individual viewpoint that demonstrates an assumption that any sexual orientation or gender identity is inherently preferable to any other, and which attempts to bring about a change of sexual orientation or gender identity, or seeks to suppress an individual’s expression of sexual orientation or gender identity on that basis.”
It also states:
“this position is not intended to deny, discourage or exclude those with uncertain feelings around sexuality or gender identity from seeking qualified and appropriate help.” And “Nor is it intended to stop psychological and medical professionals who work with trans and gender questioning clients from performing a clinical assessment of suitability prior to medical intervention. Nor is it intended to stop medical professionals from prescribing hormone treatments and other medications to trans patients and people experiencing gender dysphoria.
For people who are unhappy about their sexual orientation or their gender identity, there may be grounds for exploring therapeutic options to help them live more comfortably with it, reduce their distress and reach a greater degree of self-acceptance. Some people may benefit from the support of psychotherapy and counselling to help them manage unhappiness and to clarify their sense of themselves.
Clients make healthy choices when they understand themselves better. Ethical practice in these cases requires the practitioner to have adequate knowledge and understanding of gender and sexual diversity and to be free from any agenda that favours one gender identity or sexual orientation as preferable over other gender and sexual diversities. For this reason, it is essential for clinicians to acknowledge the broad spectrum of sexual orientations and gender identities and gender expressions.”
It is completely unclear as to why this wording would provide a problem when working with children and young people. As therapists we should be seeking to help all clients understand themselves better. We should be able to help clients clarify their sense of themselves.
When challenged, UKCP have not been able to answer this question. Their concerns are listed as:
- “No safeguarding distinctions between adults and children and young people”.
Trying to work out if you’re trans is not a safeguarding issue, if you work from the basis that being trans is not a ‘worse’ position than being cis. It simply means that you work ethically with children to allow them to explore their identities, INCLUDING the possibility that they are trans.
- Applying adult-focused legislation and guidelines to children and young people which overlooks their unique developmental requirements.
There is no adult-focused legislation in the MoU. The MoU is not a legislatory document and the guidance is to remain open
- Children and young people need a unique therapeutic approach that acknowledges their developmental stage and capacity for informed consent.
Agreed. However, the MoU leaves explicit space for professionals to work in the ways in which they work ethically with children. The MoU does not prescribe an approach; it says we have to work ethically.
- The family and social context of children and young people, which is a vital source of information to understand the child/young person, is not taken into account.
Again – this is not what the MoU is trying to achieve here. It does not say that professionals cannot do this.
- Due to the lack of child-specific guidance, child therapists face legal risks, including the possibility of lawsuits if a child detransitions in the future.
Any therapist who works with anyone is at risk of a lawsuit. We are not infallible and will make mistakes. The MoU does not say “YOU MUST TELL A CLIENT THEY ARE TRANS” it says “accept that trans is a valid identity”. It explicitly asks us to allow clients to clarify their sense of themselves.
- Policy changes in the Department for Education (DfE) and the National Health Service England (NHSE) and safeguarding implications from emerging evidence and research relating to gender incongruence has not been taken into account.
We would argue again that this is irrelevant. Whatever NHS and DfEE policy say, this does not mean that counsellors/psychotherapists cannot allow clients the space they need. To suggest this is to suggest that we are in some dystopian future where thoughts should be policed. Stopping a person from having space to fully explore their identity will not stop people from coming out as trans. It *will* potentially lead to poorer mental health outcomes when children are being pushed into one particular outcome (“not trans”)
In a lengthy email to UKCP Members on 11th June, the focus shifts from instead of leaving because of safeguarding concerns (although this is still mentioned) to UKCP being named in legal action and this being expensive. UKCP suggests they could not consult with members in advance.
This may be true. However, there is nothing in any of the minutes available online for trustee meetings in 18 months that even mentions the MoU, leaving us to wonder just how important this was, when the UKCP has been named and implicated in legal action across that entire timeframe.
However we feel about whether or not UKCP should remain in the MoU (and of course, it is TACTT’s position that they should), the UKCP has not engaged in its stated objectives – the organisation should be consulting with members. It should have a clear narrative on why it has done what it has done. It seems clear that when faced with the backlash, the focus of the UKCP’s story has slowly changed to reflect a more palatable version of the reasons why. This is unacceptable and not how a board of trustees should be acting.
Therapists Against Conversion Therapy and Transphobia 