Clinical wills: Professional body differences and the missing bits

Confident Therapist Hub · Practice management · 12 min read

This is the sister article to Clinical wills: Six key questions to ask, which explains what a clinical will is and how to check whether your arrangement works.

Some UK professional bodies require a clinical will. Others recommend one as good practice. The requirements also differ between bodies, particularly in relation to the number of people involved, their responsibilities, records retention and requests for records after a practitioner has died or becomes unable to work.

This article sets out the published requirements and guidance from BACP, BABCP, BPC, BPS, UKCP, NCPS and HCPC. It also covers issues that are not fully addressed in the published guidance.

Four types of obligation

The information below falls into four categories.

Legal duties

These apply to practitioners who hold and control client records, regardless of professional-body membership. Data protection law protects information about living people. A client's data protection rights do not end because their therapist has died or becomes unable to work. What changes is who is responsible for handling the information.

Professional body requirements

These apply to members of the relevant professional body. BACP's clinical will requirement becomes mandatory from midday on 3 November 2026. BABCP, BPC and UKCP already require arrangements of some form. The bodies do not require identical arrangements.

Contractual obligations

Your indemnity insurer, employer, agency or therapy platform may impose additional requirements. Insurance terms may also specify how long records must be kept.

Ethical good practice

Some professional bodies recommend clinical will arrangements without making them a specific requirement. BPS advises psychologists in independent practice to make a professional will. NCPS describes a clinical will as good practice in its supervision guidance.

What the law does

This section applies to practitioners who hold and control their own client records. If you hold and control your own client records in private practice, you will normally be the data controller for them.

Clients have data protection rights, including the right to ask for access to their personal information. Those rights do not end when the therapist dies. The client remains alive and the information remains their personal data.

If the client dies before a request is answered, the ICO states that the right of access under UK data protection law no longer applies to that person, because the legislation does not apply to information about deceased people.

If the therapist dies while a living client has made a request, the request remains relevant. The issue is who is responsible for dealing with it.

The ICO's guidance on the death of a sole trader states that someone needs to take responsibility for the information. An executor or a person appointed through probate may become responsible for the information and the data protection duties that apply to living people's data. That person may be different from the colleague who was appointed to contact clients.

There is no single arrangement that applies to every practice. Responsibility depends on the structure of the practice, who controlled the records before the practitioner's death, contractual arrangements and whether another organisation already holds or controls the records.

Response times

A subject access request from a living client normally has to be answered without undue delay and within one month. The period can be extended by up to two further months where the request is complex or where there are several requests from the same person. The one-month period normally starts when the request is received.

The controller must also keep the information secure using measures appropriate to the risks involved. Data protection law does not prescribe a particular arrangement for passwords, links or access holders.

Your practice structure matters. The information above assumes you are an independent practitioner who controls your own records. If you work through an employer, limited company, clinic, agency, therapy platform or partnership, that organisation may be the data controller, or may already have arrangements for records if a practitioner dies or becomes unable to work. Your clinical will needs to fit with those arrangements. Establish who holds and controls the records before writing your instructions.

What each body requires or recommends

Check your own professional body's current wording before acting on this information.

BACP · required from 3 November 2026

The BACP Ethical Framework for the Counselling Professions 2026 requires a clinical will under section 4.5(e), under the heading concerning breaks and endings.

The requirement is to have a clinical will and appoint an executor who is bound by confidentiality and can communicate with clients and service users if the practitioner is unable to contact them or has died.

The framework does not specify:

how many executors are required
a records-retention period
who deals with a records request after the practitioner has died.

BACP's framework document gives an effective date of 1 November 2026. BACP's implementation guidance states that the requirement becomes mandatory for members at midday on Tuesday 3 November 2026.

BABCP · required

BABCP Standard 8.2 requires members practising CBT to have a process for becoming unexpectedly unavailable and to declare that arrangements are in place. BABCP also publishes a Clinical Wills Policy and a clinical-will template.

The policy provides for one or two executors and a Clinical Will Initiator. The initiator is normally a close relative or friend who tells the executor to act.

Requests for records after death

BABCP states that former clients can request access to their notes and that the executor would be required to provide the data unless an exemption under the Data Protection Act 2018 applied. This places responsibility for providing the information on the executor under the BABCP policy.

Records retention

BABCP's Clinical Wills Policy recommends retaining records for seven years from the last session, based on advice from its legal advisers. The policy also notes that contractual obligations may apply.

BABCP's Private Practice Guidelines refer to the NHS Records Management Code of Practice and state that records should be kept for the relevant period in that Code, including the periods specified for mental health and psychology records.

BABCP therefore has two different retention references in its published material. Members should check both documents before choosing a retention period.

BABCP also states that records may be transferred to a records management company, insurer or law firm, with an appropriate data-sharing agreement.

Information for clients

BABCP states that the privacy section of the therapy contract should tell clients that, if the therapist dies or becomes incapacitated within seven years of the end of therapy, their data may be shared with the executor and with any organisation holding the records. This is part of the client-facing information provided at the start of therapy.

BPC · required

BPC Standard 12 requires the appropriate Professional Trustees protocol. BPC provides detailed guidance and template documents for Professional Trustees.

Two Professional Trustees

BPC requires two Professional Trustees who work together. They should ordinarily be BPC registrants, although BPC states that they may also be UKCP or BACP members. They should not be retired or related to the practitioner.

BPC also requires a named relative or friend to alert the trustees, and a substitute person in case that person cannot act.

Information held by the trustees

BPC's guidance includes the following information about each patient:

name
available contact details
session day and time
practice location
whether sessions are face to face or remote
frequency of sessions
duration of the work
relevant risk or safeguarding concerns
contact with mental health or social care services
the name and contact details of relevant psychiatrists or other mental health professionals.

BPC states that lists should be updated at least every six months. It also describes an active list, reflecting the current practice, as good practice.

Clinical material

BPC's sample documents provide trustees with access to process notes and supervision notes as well as patient records.

Financial matters

BPC states that Professional Trustees are not responsible for:

collecting unpaid fees
arranging payment of amounts owed to the practitioner's therapist, supervisor or practice manager
other commercial matters relating to closure of the practice.

Requests after death

BPC states that trustees should arrange confidential destruction of records after allowing reasonable time to respond appropriately to requests from patients relating to those records.

The guidance does not specify a deadline for responding to such requests and does not state who is responsible for providing the response. BPC does not specify a retention period.

UKCP · required

UKCP requires practitioners to have a process for taking appropriate action if they unexpectedly become unavailable, including because of serious illness, death, suspension or dismissal.

The arrangements should identify who will be responsible for informing clients and arranging appropriate support. Relevant organisations, including referring agencies, should also be informed where appropriate.

Employers may already have a policy covering this. Independent practitioners are responsible for making their own arrangements, and UKCP members must declare that arrangements are in place.

The requirement does not specify:

the number of people involved
a records-retention period
who deals with requests for records after death.

BPS · advised

BPS advises psychologists working in independent practice to make a professional will and appoint a professional executor, probably an experienced colleague.

The executor's role is described as taking charge of client records, informing relevant clients and making provision for continuity of the service where appropriate and practicable.

BPS notes that many independent psychologists retain adult records for seven years and follow NHS guidance.

BPS does not specify a detailed clinical-will structure and does not address requests for records after death in the guidance reviewed.

NCPS · good practice

NCPS discusses clinical wills in its Supervision Good Practice Guidance rather than in its Code of Ethical Practice.

The guidance describes a clinical will as a way of maintaining continuity of care if a counsellor becomes unable to practise because of illness, death or incapacity. It describes arrangements for a trusted colleague to manage and transfer the caseload, maintain confidentiality and deal responsibly with client records. The guidance also refers to data protection and secure storage of records.

The guidance presents clinical wills as good practice rather than as a requirement in the NCPS Code of Ethical Practice.

NCPS also states that it is good practice for supervisors to know the details of the clinical will, including who the executors are and how the arrangement is managed.

HCPC · no specific clinical-will requirement

HCPC requires registrants to maintain full, clear and accurate records and to keep them secure from loss, damage or inappropriate access.

The HCPC Standards of Conduct, Performance and Ethics do not contain a specific clinical-will requirement and do not set out a procedure for records after a registrant's death.

Some professional bodies make clinical-will arrangements a specific requirement. HCPC does not currently do so. This does not remove other obligations relating to records, confidentiality, data protection or insurance.

Practitioners who are registered with more than one professional body need to follow the requirements that apply to each registration.

If you belong to no professional body

Some practitioners work outside professional registers. The legal duties relating to personal data and records still apply.

Without professional-body guidance, you will need to establish your own arrangements for what happens if you die or become unable to work. You should also check the terms of any indemnity insurance.

What still applies without a professional body

Clients

Clients still need to know what will happen if their therapist becomes permanently unavailable. A clinical-will arrangement can provide a way to contact clients and manage the end of the therapeutic relationship.

Family members

Family members may find clinical records after a practitioner's death. Clear instructions can identify who should deal with the records and what should happen to them.

Insurance

Check the terms of your indemnity insurance. It may continue to provide cover after death for claims arising from work carried out while you were practising. The policy may also contain requirements about record retention.

Where the requirements differ

How many executors?

BPC requires two Professional Trustees who work together. BABCP allows one or two executors. BPS and UKCP describe arrangements involving one person. BACP requires an appointed executor but does not specify the number.

A primary executor with a named backup is consistent with the arrangements described by BACP, BABCP, BPS and UKCP. BPC is different because its Professional Trustees act together.

Is the executor responsible for money?

BPC specifically excludes financial and commercial matters from the Professional Trustees' responsibilities. BABCP's template includes financial matters.

The clinical will should state who is responsible for outstanding payments and other financial issues. This may be the clinical executor or the person dealing with the practitioner's personal affairs.

How long should records be kept?

BABCP gives different retention periods in its published material. Its Clinical Wills Policy recommends seven years from the last session. Its Private Practice Guidelines refer to the NHS Records Management Code, including the periods specified for mental health records.

The NHS Code does not automatically apply to every private practitioner, although BABCP refers members to it.

BPS refers to seven years for adult records and to NHS guidance. BPC does not specify a retention period.

Seven years is therefore not a universal legal retention period for private practitioners. Longer periods may apply depending on the type of records, the setting, the age of the client, safeguarding considerations, claims risk and insurance requirements. Children's records are generally retained for longer than adult records.

Check your indemnity insurance terms before choosing a retention period.

Records should not be destroyed while they are still required for a complaint, claim, investigation or records request.

How much of the record does the executor need?

BPC's sample documents give Professional Trustees access to process notes, supervision notes and patient records. The other bodies reviewed do not specify the same level of access.

For a clinical executor whose role is primarily to contact clients, it may be possible to provide the information needed for contact without giving routine access to all session notes.

Any arrangement must still provide a lawful and workable route to the records if they are needed for:

a request from a client
a complaint
a claim
an insurer's request
a safeguarding issue
an investigation.

The person responsible for the records should be identified and should have agreed to the role.

Contact information and clinical notes can be stored separately, provided there is a reliable way to access the records when required. Keeping access details separate can reduce the risk of unauthorised access. Data protection law requires security measures appropriate to the risks involved, but does not require the specific arrangement described here.

The missing areas

The published guidance does not always explain what happens after clients have been contacted. Four areas should be covered in your own arrangements.

A records request after death

A request from a living client does not end because their therapist has died. The request should be identified and passed to the person responsible for the records. The one-month period normally runs from when the request was received, not from when it was discovered.

Someone becomes responsible for the records

The person responsible for the records after death may be the personal representative, another person appointed through probate, an employer, a clinic, a platform or another organisation, depending on the practice structure and contractual arrangements. It may or may not be the clinical executor.

BABCP's policy specifically places responsibility for providing requested data on the executor. The published guidance from different bodies does not describe the allocation of responsibility in the same way.

A live complaint, claim or investigation

If a complaint, claim, investigation or records request is active or reasonably anticipated, do not destroy records that may be relevant to it. Put scheduled destruction on hold until it has been established that the records are no longer required.

The executor's responsibilities

The clinical will should state what the executor has agreed to do. If their role is to contact clients and supervisees, state that. If they are also responsible for records or records requests, state that separately and confirm that they have agreed to those responsibilities.

The person or organisation expected to take responsibility for the records should also be identified.

Four lines to add to a clinical will

1. Check for unanswered records requests

Before closing the practice records, check whether a records request has been received and remains unanswered. The normal one-month period starts when the request is received.

2. Pass complaints and records requests to the named person

Name the person who is expected to deal with the records and provide their contact details. Instruct the executor to pass any complaint or records request to that person and to notify the indemnity insurer where appropriate.

3. Put destruction on hold where necessary

If a complaint, claim, investigation or records request remains active or is reasonably anticipated, do not destroy relevant records until they are no longer required.

4. State who is responsible

State who is expected to take responsibility for the records after death and how that role relates to the clinical executor. Do not assume that the executor, personal representative, insurer, employer or platform will automatically be responsible.

If you have not yet made a clinical-will arrangement, see Clinical wills: Six key questions to ask.

We read the guidance so you do not have to

We reviewed the published guidance from BACP, BABCP, BPC, BPS, UKCP, NCPS and HCPC to write this article. When one of them changes, we check it and update this page.