Communication from UKCP

UKCP have asked us to amend two of our statements.

UKCP argue that they have never said that they are seeking to replace the existing MoU and that TACTT is misrepresenting this. Our statement was based on the following comments by Jen Ayling, vice chair of UKCP, in the meeting on Monday 17th June:

“I think it’s not about thinking that there’s anything in the current MoU that’s harmful. It’s about the fact that it doesn’t go far enough”

“As a board we’ve long been sitting not just us as a board but previous incarnations of the board with concerns about the brevity of the MoU as a document and its lack of nuance […] and we think this call for a better regulatory guidance and best practice guidance is most urgently needed”.

If we have misunderstood these statements, we apologise, but we would also request clarification of them as a matter of urgency – do UKCP seek to develop “better regulatory guidance and best practice guidance” in place of the MoU, or do these words have another meaning?

UKCP would also like us to communicate that NCPS “has not distanced themselves from the project, as your piece implies”. For full transparency, we share the information that NCPS has given us:

“As was stated in April, we [NCPS] have been in discussions with UKCP and other talking therapy membership bodies regarding potential practice guidelines. However, nothing has been agreed regarding ‘regulatory guidelines’ or indeed the establishment of a working group; there have simply been some discussions. I have raised this with UKCP and asked them to refrain for sending out these statements”.

We hope this clarifies the matter.

Responses to the UKCP meeting

UKCP – The Board Removal Vote.

As many of you know, The UKCP Board held an online meeting Monday to put its case to members on how to vote in its forthcoming removal election. Over 300 UKCP members are reported to have joined this meeting.

We are listing here the headlines, as we understood them, and below this (in the longer version), quotations from the meeting and links to relevant documents.

As the vote begins we remain extremely concerned about the actions of the UKCP Board and we do not believe that their actions in withdrawing from the MoU have been adequately explained. We believe that some very serious questions remain, and in the absence of receiving answers, despite trying for months, our UKCP cohort continues to call for the removal of the Board and their subsequent replacement with a new team which will restore the UKCP to the MoU (as the current Board restated that it would not do), unless a full and transparent consultative process involving members of all kinds indicates a different course of action.

The headlines from the meeting are:

1.    The UKCP Board states that their figure for triggering the vote is 2% and that that’s low by comparison with other organisations. They stated that the petition achieved this level, just, and inferred that if a higher number had been required, it wouldn’t have been reached. We’d like to respond that TACTT’s open letter stopped being promoted at the point we reached the number of signatures required and a decision was made to submit to UKCP. TACTT is confident that it could have added more signatures, perhaps significantly more, had it continued to seek them.

2.     The UKCP Board states that NCPS supports them in the aim of creating a new, alternative version of the MoU. NCPS has categorically denied this and has now asked UKCP to stop saying it’s true. (Please note that communication from the UKCP to TACTT after the publication of this blog asks us to update. The UKCP is not planning to create a new version of the MoU. We are not sure what they are planning to create, except a regulatory document of some kind that involves conversion therapy. In the meeting they discussed the MoU ‘not going far enough’ and wanting to strengthen this, but it seems that what they are planning to create is not something like the MoU).

3.     The UKCP Board states they had no choice but to withdraw at speed from the MoU and although they knew that this may be seen as a transphobic action, they a) didn’t have time to mitigate the process around this, and b) although they knew it could be perceived as transphobic, they didn’t consider how their action would impact members. They also feel that they are “ethically sensitive” and the right people to remain on the board. However, the Board has also said it discussed this in advance of making the decision with colleagues and some of the member colleges. Which is it? That there was time to engage with several colleges and colleagues, or that this had to be done so fast that there wasn’t time to consider the impact the decision would have?

WHY did the decision have to be so fast?  Can the UKCP categorically state that they have signed no legal settlement that has compelled them to withdraw from the MoU?

4.     The UKCP Board’s original stated reason for withdrawal was about ‘children’. At the meeting the main message seemed to be about ‘insurance premiums’. The Board now states that it had to withdraw the UKCP because of insurance policy premiums (and that their responsibility is to UKCP, with no mention of clients or their members). With respect to stated concerns about the care of children, the UKCP board has claimed that the MoU Secretariat refused to engage on this. There is nothing in the minutes of any UKCP trustee meeting from the last 18 months that suggests this and it has been stated in the meeting on June 17th by an attendee (presumably on the secretariat) via the Q&A panel that the minutes of the MoU meetings do not support this. Whichever way, the MoU was a guideline, rather than a legal document.

5.    The UKCP Board has repeatedly said that they want to hear from LGBTQ+ (and other) voices. TACTT has been trying to engage with UKCP on this matter since November 2023, with no results whatsoever. The UKCP Board also states that it supports the Cass review, which has been widely criticised since its publication, not least by trans people whose voices were systematically excluded from it.

6.    The   UKCP Board stated that the removal of the trustees would destabilise the organisation and that many new developments would have to be ‘put on ice’, yet also claiming that the current Board is new. Irrespective of this seemingly contradictory rhetoric, it must be pointed out that the Board wouldn’t be replaced until new members of a trustee board (also potentially members with experience of being trustees) were in place.

In short: the narrative we have heard seems to be as follows.

They couldn’t tell members the truth, but they’ve also been transparent from the start.

They are against conversion therapy, but they support the Cass Review. This has been widely discredited by leading academics, and was created and managed by a government that explicitly and energetically attempted to destroy the rights of trans people in the UK. This government has refused to bring forward a ban of Conversion Therapy (the Minister who commissioned it celebrated the release of the final Cass report with excited claims of the defeat of the “militant gender lobby”) and the Cass report has been weaponised extensively within the political and media discourse since its release.

They believe in ‘healthy exploratory therapy’ but will not commit to a starting point of stating that trans identities are valid and are as legitimate as cisgender identities. Without this, so-called ‘exploratory therapy’ effectively becomes conversion therapy.

They want to create a new regulatory version of the MoU, but again, will not commit to the standpoint of the original MoU. They didn’t know that the MoU covered children (we ask, why would it not, and why did it take 8 years and having signed the document twice to bring this question – which could have been answered easily and quickly at any stage?) and state that children have age-specific needs. Our response to this? Of course they do, but why does this mean that a well-practised approach of supporting a child to explore their identity – trans, cisgender or anything else – is invalid?. And we point out again that the MoU does not state any particular way of working for either adults or children and young people.

Long version

1: In the interests of expediency, TACTT sent the list of signatures when we knew we had reached the number required. If the number had been higher, we would have continued to share the letter until the higher number was reached.

2: UKCP have withdrawn from the MoU2 and intend to create a regulatory document around conversion therapy. UKCP (Jon Levett, CEO) said in the meeting “We’ve got together a working group which is going to start to meet on a monthly basis to really start to get some momentum on this. So NCPS are very definitely involved, very definitely signed up to this.” Another trustee states “ [we have] form[ed] a working group led by our CEO John Levitt already we’re collaborating with a number of organisations including the British Psychoanalytic Council, the National Counselling and Psychotherapy Society and a number of others”

NCPS’s response is “Just to reassure you, the NCPS has re-joined, and is fully supportive of, the MOU as the right mechanism to ban conversion therapy, a ban which has been our consistent policy. We are not looking to create an alternative MOU […] I have raised this with UKCP and asked them to refrain from sending out these statements”

3: UKCP say that they didn’t have time to consider the potential fallout. We respect that the open letter went up the same day as the announcement. However, what this tells us is that the board just did not consider this, in advance of releasing such a huge statement. They also say in the same meeting that they DID consider that it might be seen as transphobic, but that none of them (it seems) considered the impact that might have. One cannot have it both ways.

“We didn’t have time to address the potential fallout before the petition came against us. So we have been and we are always against conversion therapy and the petition was based on incorrect information”

“To be totally transparent we considered that the withdrawal taken out of context could be experienced as transphobic and homophobic, but what we didn’t consider was the potential impact.” “We believe that as the existing board that we have the skills, the vision and the ethical sensitivity to take the forward and deliver on the charity’s strategic aims”

“We did discuss it with colleagues. We did discuss with some of the colleges, although we acknowledged we didn’t discuss with all of them”

4: From the MoU2: “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.” and “signatory organisations agree that the practice of conversion therapy, whether in relation to sexual orientation or gender identity, is unethical and potentially harmful.”

UKCP state concerns about children and not knowing that children were covered under ‘people’. What exactly *are* children, to UKCP, if not people? Jen Ayling stated:  “you know, a child’s need is very different to an adult’s needs and I think that’s where there’s the need for additional guidance.” The MoU does not give guidance on HOW to work with people exploring their gender. It simply allows room for children to fully explore their identities from within a framework that believes “that neither sexual orientation nor gender identity in themselves are indicators of a mental disorder” (MoU2)

From the UKCP meeting: “Now we did an attempt to engage in dialogue but came to the point when faced with a significant increase in our insurance premium”

They suggest that “over the last few weeks we have endeavoured as a board to transparently communicate the reasoning and risk assessment process which underpinned our decision”, yet they have changed their story to being about insurance and explicitly state they couldn’t state this originally. What has legally changed that they now can?

5: From the meeting: “Any clinical guidance will be backed by robust research evidence. We’re supportive of the Cass review and it will form part of our ongoing considerations when creating new regulation and clinical guidance”. Cass has been discredited in many areas and by many voices since its publication. See Transactual the OSF Preprint paper, and Dr Ruth Pearce’s ongoing updates for just three of them.

They also state “You see what we urgently need to do is create new regulatory guidance for conversion practices that has good governance, transparency, consultation, the voice of psychotherapy and most importantly the voices of the LGBTQIA+ community”.

UKCP would not answer a question as to whether they were prepared to start any new version of an MoU from the point of view that a trans identity was as valid as a cisgender identity. They did talk about “healthy exploratory therapy”. Florence Ashley has a very useful paper on why ‘exploratory therapy’ within a framework that doesn’t accept trans (whether in adults or children) as a valid identity is conversion therapy. UKCP declined to answer to this question as well.

6: From the meeting: “The upheaval and cost implications to the charity of appointing an entirely new board would essentially make the organization non-functioning in terms of major future developments for a significant period of time. Conference planning, strategic development work and many of the other projects we’ve successfully launched would have to be put on ice.”

However they go on to list all the things they have achieved as a new board. Which seems to directly contradict their claims of destabilisation.

“There’s a lot done but not all of it will be directly visible to you. So we started to work preparing the relationship with colleges, which was a factor within the EGM core. We are managing legal claims. We relocated the offices.  17th June, I think was the D date. And estimated to save 150 K annually. We’re improving office performance. We’re guiding the NHS pathways, talking therapies pilots. We’ve reinstated the annual conference. We reinstated the ethics committee. And as many of you again will be aware, we’ve consulted on and a developing the new 3 year strategy. And I just want to say a little bit about that is that the three-year strategy and we’ve run 3 4 seminars on that already through 4 webinars on that already. And put up various polls just to gain attraction and interest. The Strategy Working Group is comprised of 2 chairs at the colleges and one vice chair of the colleges working with the board nominated board of trustees.”

UKCP is presenting a bundle of contradictions and obfuscations to its members. There is no real clarity and in removing themselves from the MoU they place their members in a very difficult position.

NCPS’ letter to TACTT

NCPS have also now responded to TACTT. Their email is given below for completeness:

Thank you for your letter of 23rd April.

While there is an historic blog by Dominic Davies on our website, we did remove reference to membership of MOU when we were forced to step back. We don’t remove historic blogs from the site where they are accurate at the time they were written. We apologise if this may have caused any confusion.

Our not being a member of the MOU has never meant we have changed our policy on conversion therapy, and it hasn’t changed our Code of Ethics. We are members of many different organisations and groupings, but leaving or joining any of these is a separate issue from our ethical stance. You can rest assured therefore that there hasn’t been any effect on your practice or with any of your clients. As a valued member, you have been working under the same ethical guidance and policy framework irrespective of what organisations or groupings your professional body belongs to.

We felt it was in the MOU’s best interests not to publicise our withdrawal as this risked media headlines of division and could have imparted the sense that the legal activists were gaining traction. We didn’t want this to happen.

Opposing conversion therapy can take many forms – for example, we pioneered and suggested making sure insurance companies would not cover therapists practising in this way. After our meetings with the GEO we were assured that, in the absence of a ban coming in to force, there is a multitude of actions than can still be taken.

We have been working behind the scenes for many months to find a route back to the MOU and have now been able to ringfence funds to protect us from future legal action. We’re happy to inform you that we have applied to rejoin MOU.

We appreciate your concerns over this matter. Do rest assured that we are engaged appropriately in this issue on behalf of our members.

Yours sincerely,

Jyles

The NCPS applies to rejoin the MoU!

Some of our members (certainly not all the members that have approached them about this) have had an email from NCPS saying that they are applying to rejoin the MoU. We know this to be factually accurate – this is not empty words.

There are still many questions to be answered – specifically around being a ‘member-led’ organisation and the naivety around the idea that one must withdraw from the MoU for fear of being sued but can create an alternative that doesn’t have that threat (which seems to have shifted position in the letter below), but please see below the full letter.

Dear [member]

Please find a message from the Society below regarding your communication with us.

Thank you for contacting us regarding the MOU and conversion therapy. Due to the number of communications from members we’ve received, we are sending out this response to everyone who kindly contacted us about the issue.

The Society opposes conversion therapy and wishes to see legislation that would ensure it was unequivocally banned. We have campaigned on this for a number of years, including engaging with Equalities Ministers, meeting their advisors, and meeting with the senior civil servant at the Government Equality Office (GEO) as far back as 2018.

The Society put forward and pioneered the approach, in the absence of legislation, to approach insurance companies in order that they invalidated insurance cover where a counsellor practised conversion therapy. Our Code of Ethics specifically prohibits conversion therapy and a member practising it would face de-registration.

Our policy has not changed on conversion therapy in any way. We signed up to the multi organisational Memorandum of Understanding (MOU) in order to come together with other organisations to push forward a plan to ban conversion therapy.

In 2022, we were targeted by legal campaigners who threatened us with legal action if we remained in MOU. Our insurance providers would not cover our defence of said legal action, and at the time we did not have sufficient funds to allocate to defending our position.

Alongside other signatories, such as our friends Pink Therapy, the noted LGBTQIA+ organisation, we were forced to leave MOU at the time and the threat of legal action was dropped. This was not a decision we wished to make. At no time did this decision change any of our policies or our Code of Ethics. We decided not to publicise this withdrawal to avoid misrepresentation or reputational harm to MOU.

Since then we have continued to campaign against conversion therapy, and have been looking for solutions that would enable us to rejoin MOU. We have managed to secure funds to protect the Society against future legal action and so we are pleased to announce that we have started the process to rejoin the MOU. We look forward to resuming joint campaigning on this issue.

We have no plans to change any of our policies in this area. Any substantive policy change would be a matter for our members, just as with ScoPEd. It’s worth emphasising again that leaving or indeed rejoining MOU is not related to our policies.

Thank you again for contacting us. Please rest assured that we continue to be a member-led organisation and all our members’ views are very welcome.

Kind regards,

The NCPS

Where do NCPS stand?

TACTT recently sent a group letter to The National Counselling and Psychotherapy Society (NCPS), signed by members, asking for clarification on their position regarding conversion therapy, and the Memorandum of Understanding. This followed NCPS being named in the statement in which UKCP announced their withdrawal from MoU; UKCP stated that they, with NCPS (and other bodies would seek to create new guidelines). The CEO of NCPS, Jyles Robillard-Day, has confirmed that he has received this letter and will respond within 28 days, but since then, new information has come to light, which have raised further questions for us.

Through further investigation, we have become aware that NCPS themselves does not appear to be listed as a signatory on the MoU. This was, for all of us NCPS members at TACTT, a big shock, especially given the fact that historically, they had been a signatory. From what we can see, they remained a signatory up until the end of 2022, but no longer appear on the document in January 2023. This seems to coincide with an update that was made to the MoU in November 2022.

The questions we are therefore asking are as follows:

*Why is it that NCPS appears to have disappeared as an MoU signatory between those dates?

Is this an error, or was it purposeful?

*If this is an error:

  • is it connected to the changing of the name of the society, from NCS to NCPS?
  • Can it be rectified asap so the membership can feel confident that they belong to a body who is part of the partnership against conversion therapy and supports the principles laid out in the MoU?

*If it was purposeful:

  • what was it about version two of MoU that they originally signed that made them make this decision, when their own written code of ethics supports it?
  • why have the membership not been informed, let alone consulted?

If the NCPS has not been a member of the MoU for nearly a year and a half, without its members being aware (and given there is still open reference to the MoU on the website), this would be an extremely serious matter.

Whether an intentional action or an error, we consider this action a grave mistake. What will be actioned in order that NCPS is fully transparent and accountable to its members to ensure such a grave error not be made again?

All these questions need answering and in our opinion, NCPS must (re)commit to the MoU at the earliest opportunity, and an apology and explanation should be submitted to its thousands of members, untold numbers of whom believed that they were part of an organisation signed up to the MoU, and who thus had a known and widely accepted framework to work within.

We await a full response from NCPS and will share any updates accordingly.

Response from and to NCPS

NCPS responded to our letter. The text is below, along with our response back.

Text from NCPS reads:

“Thank you for your communication regarding the Society and conversion therapy.

 

The Society, alongside other MOU signatories, was forced to withdraw from the MOU in 2022 after receiving formal threats of legal action against MOU and naming us as potential co-defendants.

 

Our professional indemnity insurers confirmed they would not be able to cover us should legal action commence against the Society and so we had no choice but to withdraw on financial grounds.  Our withdrawal from MOU does not change our position of opposing conversion therapy and has not changed any Society policies. It was agreed at the time that publishing our forced exit as a signatory of the MOU would have had a detrimental effect on the coalition.

 

We have agreed to enter into exploratory discussions with UKCP and other professional bodies which does not signal policy agreement.  Should the Society consider any policy changes in the future these would first be put to member consultation and ratification.


We are aware of the significance and complexities of this issue and will keep members fully informed of any developments.

 

Kind regards

 

Jyles Robillard-Day

Chief Executive Officer”

We have now sent the following response to NCPS:

Dear Jyles,

 

Thank you for your email and the additional information. However, it leaves us with more questions than answers. I have emphasised the questions to which the members who have supported the development of this response ask of the Society, and a request arising from the emergence of NCPS’s withdrawal from the MOU without informing its members.

 

Breach of trust and ethical duty of care to clients

NCPS members of TACTT are shocked and disappointed by the Society’s misrepresentation of its support of the MOU since 2022. Several TACTT members joined NCPS within the past 12 months under the impression that the organisation was a signatory to the MOU. The website states that the organisation is “a proud signatory to the Memorandum of Understanding on Conversion Therapy, making it very clear that counsellors can help clients who present with conflicting feelings about themselves concerning sexuality or gender identity.” The GSRD page in the Members area of the NCPS website states that “the NCPS supports the work of the MOU.” Given the context of your email, these statements are false and misleading to members and prospective members.

 

The Society has placed members in the position of harming our clients. Informed consent cannot be given by clients when they believe they are safe because their counsellor or psychotherapist’s membership body supports the MOU when it has not done so since 2022. 

 

The Society has not conducted itself with the transparency that its own code of ethics demands of its members. The code demands that members “ensure that all advertising, no matter in what form or medium it is placed, represents a truthful, honest and accurate picture.” NCPS has recruited paid members using misinformation stating on public-facing parts of its website that the Society is a signatory to the MOU and reinforcing that in member-only information. 

 

Although NCPS members involved with TACTT appreciate statements from the Society on conversion practices, this is an individualised response to a systemic problem. TACTT Members who chose to join NCPS did so on the understanding that their membership body was part of a broad coalition that was using its collective power to bring about systemic change in the UK. 

 

NCPS has let down and misled its membership. This is not only a breach of trust between the Society and its membership, who could not freely choose a different membership organisation that was still an MOU signatory; the vitiation of the therapist/client relationship cannot be undone. The Society has placed its members in the position of deceiving clients, and now we are left with the burden of working out the steps we can take to repair this rupture of trust with our clients. 

 

As members, we require immediate guidance on how we can rectify the position of maleficence that this has placed us in with our clients.

 

Legal action and MOU alternatives

We are aware of legal action that was brought against a number of co-defendants. However, the legal filings we have seen do not show NCPS as a co-defendant in that case. 

 

We would be grateful if you could confirm the case to which you are referring.

 

If the Society’s objective for withdrawing from the MOU was to avoid legal costs, it is unclear how entering into a different coalition to produce an alternative statement on ending conversion practices will protect it from future legal action. If the Society intends to withdraw from any coalition or consensus statement openly supporting ending conversion practices, it is difficult to see how the Society’s involvement in any future coalitions will make any meaningful change. A coalition is only as strong as its members, and whilst we appreciate that the executive team has a responsibility to protect NCPS as a legal entity, it also has a responsibility to be accountable to its members for how its funding, which is generated largely from membership subscription income, is used to support ending oppressive practices in counselling and psychotherapy. 

 

We request a statement on how NCPS makes decisions about which of its principles it will stand by and which it will recant when challenged.

 

Consultation with the membership

It is unclear from your email who you refer to when you say that “we” have agreed to enter into exploratory discussions with UKCP and other professional bodies. The email says that “should the Society consider any policy changes in the future, these would first be put to member consultation and ratification,” but a policy change has already been made. Withdrawal from the MOU coalition is a significant policy change about which the membership was not consulted. As such, we remain sceptical about the trustworthiness of the Society to consult and engage with its membership. 

 

How do you intend to consult and engage with the membership on future changes in policy? 

 

Would rejoining the MOU coalition constitute a change in policy, since the membership was entirely unaware of the policy change to leave the coalition in the first place?

 

Please feel free to contact me if you require any clarification on the above queries. I look forward to hearing from you at your earliest convenience. 

 

Kind regards, 

TACTT