1.Parties:

This agreement is between You ("the Client") and Lee Payton of Windlass Cottage, Bank Mill Lane, Berkhamsted, Hertfordshire, HP4 2NS ("the Therapist", "I", "me" or "my").

Where counselling or therapy is being provided to a child or young person, references to "You" may also include a parent, guardian or person with parental responsibility where appropriate.

2.Introduction

2.1 These Terms and Conditions govern the professional relationship between You and me and apply to all services provided unless otherwise agreed in writing.

2.2 I aim to provide a safe, professional and ethical therapeutic service. If at any stage You have concerns regarding the services provided, I encourage You to raise these with me as soon as possible so that we can work towards a satisfactory resolution.

2.3 If Your concern relates to the handling of Your personal information, You have the right to make a formal data protection complaint. Such complaints may be made by email, telephone or in writing. I will acknowledge receipt of a data protection complaint within 30 days and provide an outcome without undue delay.

2.4 Nothing within these Terms and Conditions affects any statutory rights available to You under applicable law.

3.Commencement and Termination

3.1 This agreement shall commence on the date that the first therapy session is agreed.

3.2 Either party may terminate this agreement at any time by providing not less than one week's notice.

3.3 Notwithstanding clause 3.2, I reserve the right to terminate therapy immediately where:

a) Continuing therapy would be unethical or clinically inappropriate;

b) There are concerns regarding safety, safeguarding or risk of harm;

c) Fees remain unpaid;

d) I experience abusive, threatening or inappropriate behaviour;

e) Circumstances arise that prevent me from providing a safe and effective therapeutic service.

3.4 Wherever possible, I will discuss any decision to end therapy with You and, where appropriate, offer recommendations regarding alternative sources of support.

4.The Services:

4.1 The services provided under this agreement may include:

a) Individual counselling or psychotherapy;

b) Relationship counselling;

c) Face-to-face therapy;

d) Telephone therapy;

e) Video therapy;

f) Online therapy;

g) Other therapeutic services agreed between us.

4.2 While I take reasonable steps to ensure confidentiality and security when providing online or telephone sessions, electronic communications cannot be guaranteed to be completely secure. By engaging in online or telephone therapy, You acknowledge and accept these limitations.

4.3 You are responsible for ensuring that You have access to a private environment and suitable technology when participating in online or telephone sessions.

5.Professional and Ethical Standards:

5.1 I shall provide services in accordance with the Ethical Framework for the Counselling Professions published by the British Association for Counselling and Psychotherapy (BACP) and any other professional standards applicable to my practice.

5.2 I will also comply with applicable legal and regulatory requirements including:

a) UK General Data Protection Regulation (UK GDPR);

b) Data Protection Act 2018;

c) Data Use and Access Act 2025;

d) Any subsequent amendments or replacement legislation relevant to the provision of therapeutic services.

5.3 Current professional standards may be viewed on the BACP website.

6.Confidentiality:

6.1 Confidentiality is a fundamental part of the therapeutic relationship. Information shared during therapy will be treated as confidential and handled in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Data Use and Access Act 2025 and relevant professional ethical frameworks. I comply with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Data Use and Access Act 2025 and applicable professional confidentiality requirements.

6.2 Information relating to You will be shared only on a strict need-to-know basis and appropriate technical and organisational measures are in place to protect the security of Your personal information.

6.3 As part of professional practice, I attend regular clinical supervision in accordance with BACP requirements. Information discussed in supervision is anonymised wherever possible and supervisors are bound by equivalent duties of confidentiality.

6.4 Confidentiality may need to be breached where:

a) There is a serious risk of harm to You or another person;

b) There are safeguarding concerns involving a child or vulnerable adult;

c) Disclosure is required by law, court order or statutory authority;

d) There are concerns relating to terrorism, money laundering or serious criminal activity;

e) Professional or regulatory obligations require disclosure.

6.5 Wherever reasonably possible, I will discuss any proposed disclosure with You before information is shared.

6.6 Any disclosure will be limited to information that is relevant, necessary and proportionate to the circumstances.

7.Data Protection and Privacy:

7.1 I am the data controller for the personal information collected and processed in connection with the services provided under this agreement. I am committed to complying with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Data Use and Access Act 2025 and any subsequent amendments affecting the processing of personal information.

7.2 In order to provide therapy services, I collect and process personal information including:

a) Contact details;

b) Emergency contact information;

c) Administrative records;

d) Assessment information;

e) Session notes;

f) Information relating to physical and mental health where relevant to the therapeutic work.

7.3 Health and therapy-related information constitutes Special Category Data under UK data protection legislation and is processed only where a lawful basis and appropriate condition for processing exists.

7.4 Personal information is collected and processed solely for the purposes of:

a) Providing therapeutic services;

b) Managing appointments and administration;

c) Meeting legal, professional and insurance obligations;

d) Protecting the welfare and safety of clients and others;

e) Complying with regulatory requirements.

7.5 Information will not normally be shared with Your GP, healthcare professionals, family members or other third parties without Your explicit consent unless disclosure is required by law or safeguarding obligations.

7.6 I may participate in service evaluation, audit or research projects. Where Your identifiable information is requested for such purposes, Your separate and explicit consent will be obtained unless another lawful basis applies.

7.7 You have rights under data protection legislation including:

a) The right of access;

b) The right to rectification;

c) The right to erasure in certain circumstances;

d) The right to restrict processing;

e) The right to object to processing in certain circumstances;

f) The right to data portability where applicable;

g) The right to lodge a complaint.

You have the right to request access to the personal information I hold about you.

Requests should be made in writing and accompanied by sufficient proof of identity.

Where a request is unclear or particularly broad, I may contact you to seek clarification. In these circumstances, the time period for responding may be paused until clarification is received.

When responding to a request, I will carry out searches that are reasonable and proportionate to locate the information requested.

Responses will be provided in accordance with applicable UK data protection legislation.

7.8 Subject Access Requests

You have the right to request access to the personal information I hold about you.

Requests should be made in writing and accompanied by sufficient proof of identity.

Where a request is unclear or particularly broad, I may contact you to seek clarification. In these circumstances, the time period for responding may be paused until clarification is received.

When responding to a request, I will carry out searches that are reasonable and proportionate to locate the information requested.

Responses will be provided in accordance with applicable UK data protection legislation.

7.9 Data Protection Complaints

If You have concerns regarding the way in which Your personal information has been collected, stored, used, shared or otherwise processed, You may make a formal data protection complaint by email, telephone or in writing.

I will acknowledge receipt of the complaint within 30 days and investigate the matter promptly.

You will be kept informed of progress and provided with an outcome without undue delay.

If You remain dissatisfied following the conclusion of the complaint, You have the right to complain to the Information Commissioner's Office (ICO)..

8.Access to Information:

8.1 Access to personal information will be restricted to those who require access for legitimate professional, administrative, legal or regulatory purposes.

8.2 Third-party service providers engaged for administration, secure storage, information technology, accounting or professional support services may have limited access to personal information where necessary to provide those services. Appropriate contractual and confidentiality safeguards will be maintained.

8.3 Information may be disclosed where required by law, court order, safeguarding obligations or other legal duties.

9.CCTV, Recordings and Supervision:

9.1 Some premises from which therapy services are delivered may operate CCTV systems for security purposes. Such systems are managed independently by the premises operator.

9.2 Clinical supervision is undertaken in accordance with BACP requirements and may involve discussion of anonymised client material for the purposes of maintaining professional standards and ensuring safe and effective practice.

9.3 Audio or video recordings of sessions will only be made with Your explicit prior consent.

9.4 You are under no obligation to consent to recording and refusal will not affect the provision of therapy services.

9.5 Any recordings will be used only for the purpose agreed, will be securely stored and will be permanently deleted as soon as reasonably practicable after that purpose has been fulfilled under UK GDPR, the Data Protection Act 2018, the Data Use and Access Act 2025 and applicable professional, ethical and legal requirements.

9.6 Recordings will be processed and retained in accordance with UK GDPR, the Data Protection Act 2018, the Data Use and Access Act 2025 and relevant professional standards.

10.Retention, Storage and Destruction of Information:

10.1 Personal information is stored securely using appropriate physical, technical and organisational safeguards including password protection, encryption and secure storage systems where appropriate. Records are retained and destroyed in accordance with UK GDPR, the Data Protection Act 2018, the Data Use and Access Act 2025, professional body guidance and insurer requirements.

10.2 Therapy records, assessments, correspondence and session notes will be retained for a period that is consistent with professional, legal and insurance requirements.

10.3 Unless a longer retention period is required by law, regulation, safeguarding obligations, ongoing complaints, litigation or insurance requirements, client records will normally be retained for seven years following the end of therapy.

10.4 Records relating to children and young people may be retained for longer periods where required by professional, legal or insurance obligations.

10.5 Following expiry of the applicable retention period, records will be securely destroyed or permanently deleted using documented procedures designed to prevent unauthorised access or recovery.

10.6 A record of destruction may be retained for audit and compliance purposes.

11.Influence of Alcohol, Drugs or Other Substances:

11.1 Therapy requires an appropriate level of concentration, awareness and engagement.

11.2 If I reasonably believe that You are under the influence of alcohol, illegal drugs, non-prescribed substances or prescribed medication to the extent that Your ability to participate safely and effectively is impaired, I reserve the right to end the session immediately.

11.3 Where a session is ended for this reason, the full session fee may remain payable.

11.4 Repeated occurrences may result in the suspension or termination of therapy.

12.Contact Between Sessions:

12.1 If You need to contact me between sessions, You may do so by telephone on 07782 556916 or by email at lee@leepayton.co.uk.

12.2 I will endeavour to respond to messages as soon as reasonably practicable during normal working hours. Response times cannot be guaranteed and may vary due to clinical commitments, annual leave, illness or other professional obligations.

12.3 I do not provide a crisis, emergency or out-of-hours service.

12.4 If You require immediate support, You should contact:

a) Your GP;

b) NHS 111;

c) Your local mental health crisis service;

d) Samaritans on 116 123;

e) Emergency Services on 999 where there is immediate risk to life or safety.

13.Website and Online Content:

13.1 Any information provided through my website, blog posts, articles, newsletters, social media platforms or other online content is provided for general information purposes only.

13.2 Such information is not intended to constitute psychological, therapeutic, medical, legal or other professional advice and should not be relied upon as a substitute for individual professional consultation.

13.3 While reasonable efforts are made to ensure that online content is accurate and current, no representation, warranty or guarantee is given regarding its completeness, accuracy or suitability.

13.4 To the fullest extent permitted by law, I shall not be liable for any loss arising from reliance upon information published through my website or other online content.

13.5 Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation would be unlawful.

13.6 Online content may be updated, amended or removed at any time without notice.

14.Access to Online Services:

14.1 I aim to make my website and electronic communications accessible and available wherever reasonably possible.

14.2 However, I cannot guarantee that:

a) My website will always be available;

b) Electronic communications will be uninterrupted;

c) Third-party platforms will function correctly at all times;

d) Online services will be compatible with all devices or software.

14.3 I shall not be responsible for interruptions, delays, failures or technical issues arising from internet providers, telecommunications providers, software platforms, hardware failures or other circumstances beyond my reasonable control.

14.4 Clients remain responsible for maintaining appropriate internet security, software updates and virus protection on their own devices.

15.Professional Boundaries and Dual Relationships:

15.1 The therapeutic relationship is a professional relationship and appropriate boundaries are essential for safe and effective therapy.

15.2 To protect both parties and maintain professional standards, I will not normally enter into any additional personal, social, financial, business or professional relationship with a current client.

15.3 This includes, but is not limited to:

a) Accepting or initiating social media connections;

b) Attending personal events;

c) Entering into business arrangements;

d) Providing training services to current clients;

e) Engaging in relationships that may impair professional objectivity.

15.4 I do not ordinarily provide reports, assessments, witness statements, expert evidence, medico-legal opinions, employment references, educational references or documentation for legal proceedings.

15.5 Requests for letters or reports relating to therapy attendance may be considered at my discretion and may incur an additional fee.

15.6 Where a request falls outside the scope of therapeutic work, I reserve the right to decline such requests and recommend that an appropriately qualified professional be consulted instead.

16.Litigation, Court Proceedings and Professional Reports:

16.1 The therapeutic relationship is established solely for the purpose of providing counselling and psychotherapy services.

16.2 Due to the nature of the therapeutic process, it is agreed that I will not ordinarily provide reports, witness statements, expert evidence, court attendance, legal opinions or other documentation for legal, employment, educational, family court, personal injury or related proceedings.

16.3 Nothing in this agreement prevents compliance with a lawful court order, subpoena, statutory requirement or professional obligation requiring disclosure of information.

16.4 If You become aware of actual or potential legal proceedings in which information relating to our therapeutic work may become relevant, You agree to inform me as soon as reasonably practicable so that any professional, ethical or legal issues can be appropriately considered.

16.5 Any request for reports, letters or documentation outside the scope of therapy may be declined and, where accepted, may incur additional fees.

17.Fees and Payment:

17.1 Current fees for self-funded therapy are published on my website. Unless otherwise agreed, sessions are payable by bank transfer or cash at the end of each session.

17.2 Where therapy is funded by a health insurer, Employee Assistance Programme (EAP) or other third party, You remain responsible for ensuring that any necessary authorisations, approvals or claim requirements are satisfied.

17.3 Where a third-party payer fails to settle fees for reasons outside my control, I reserve the right to invoice You directly for any outstanding fees. Such invoices shall be payable within 14 days of issue.

17.4 Where required to administer insurance or EAP-funded treatment, limited personal information relating to appointments, attendance, treatment and invoicing may be disclosed to relevant organisations in accordance with applicable data protection legislation.

17.5 Fees are reviewed periodically and any increase will be notified in writing with reasonable notice before taking effect.

17.6 Additional services, including attendance letters, reports, administrative requests or other non-therapeutic work, may incur separate fees.

18.Initial Sessions and Ongoing Therapy:

18.1 The first sessions form part of an assessment process designed to understand Your circumstances, therapeutic goals and suitability for the services offered.

18.2 Attendance at initial sessions does not create an obligation on either party to continue therapy beyond that assessment period.

18.3 Following assessment, either party may decide not to continue therapy. Where appropriate and reasonably practicable, alternative sources of support may be suggested.

18.4 Sessions are normally scheduled weekly at an agreed day and time. Availability cannot be guaranteed for irregular, infrequent or ad hoc bookings.

18.5 Where You are receiving psychiatric care, prescribed medication or treatment from other healthcare professionals, I may request Your consent to communicate with relevant professionals where this would support safe and effective care.

18.6 Any communication with other professionals will normally occur only with Your explicit consent unless disclosure is otherwise required by law or safeguarding obligations.

19.Sessions, Attendance and Cancellation:

19.1 Individual sessions are normally 60 minutes in duration unless otherwise agreed.

19.2 Appointments are reserved exclusively for You. A minimum of 24 hours' notice is required for cancellation or rescheduling.

19.3 Unless otherwise agreed in writing, the full session fee may be charged where:

a) Less than 24 hours' notice is provided;

b) A session is missed;

c) You do not attend;

d) You arrive too late for the session to proceed meaningfully.

19.4 Sessions will begin and end at the agreed times. Sessions cannot ordinarily be extended to compensate for late arrival.

19.5 If You have not arrived or made contact within 15 minutes of the scheduled start time, the session may be treated as a non-attendance and I may no longer be available for the remainder of the appointment.

19.6 For couples therapy, both participants are ordinarily expected to be present before the session commences unless an alternative arrangement has been agreed.

19.7 Where I need to cancel a session, I will endeavour to provide as much notice as reasonably possible and no fee will be charged.

19.8 Planned absences and holiday periods will normally be communicated in advance.

19.9 Repeated missed appointments, persistent lateness or repeated cancellations may result in a review of therapy arrangements and may lead to the termination of services.

20.Reviews and Therapeutic Process:

20.1 Therapy requires active participation, openness and engagement from both therapist and client.

20.2 During the course of therapy we will review:

a) Presenting issues;

b) Therapeutic goals;

c) Progress achieved;

d) Any concerns regarding the therapeutic relationship;

e) Future treatment planning.

20.3 Therapy may involve discussing difficult experiences, emotions, memories and personal circumstances. As a result, distressing thoughts, feelings or temporary increases in emotional discomfort may occur.

20.4 While therapy can often be beneficial, no specific outcome, improvement or result can be guaranteed.

20.5 You are encouraged to provide honest feedback regarding Your experience of therapy so that concerns can be addressed and the therapeutic process reviewed appropriately.

21.Ending therapy

21.1 Regular reviews of Your progress will help determine the duration of the therapy. During the initial assessment and the first two sessions following that, I will discuss with You whether we both believe that therapy with myself will be of benefit to You. If You have requested video call (e.g. Zoom) or telephone therapy, the assessment will include Your suitability for this medium of therapy. I prefer to arrange face to face therapy sessions where this is reasonably practicable (although not during the COVID-19 pandemic) as these are effective. If at any point during the therapy sessions, I assess that I am not effective in helping You reach Your therapeutic goals, I am obliged to discuss this with You , up to and including termination of treatment.

21.2 Therapy may need to be terminated if less that half of the weekly (or mutually agreed frequency) session are attended in any two-month period. Therapy requires an ongoing commitment to be effective and for ethical reasons, I cannot provide psychological services when I do not deem that they will be beneficial to You.

21.3 I reserve the right to terminate this agreement at any time in the even that in my opinion You are not likely to benefit from ongoing therapy sessions with myself. I may also terminate this Agreement by giving You one week's notice of termination.

21.4 You have the right to terminate therapy at any time and whatever the reason, I will always respect Your decision. You are required to give at least one week's notice before terminating Your therapy sessions in order to allow time in the final session to discuss Your reasons, progress made and possible referrals for ongoing support.

22.Issues specific to Video-call (e.g. Zoom) and telephone therapy

22.1 Should either You or I experience difficulties 'attending' a session because of technical reasons, we should both endeavor to let the other person know straight away and allow time to try to connect again or to have therapy via another means. In the event that You have paid for a session but are unable to attend the session at the agreed time, the full fee charged for the session will be retained and will not be refundable.

22.2 It is important for You to ensure that the environment You work and live in allows You the physical and emotional safety and privacy to express Yourself freely in order for a remote therapy session to take place. It is Your responsibility to ensure that the technology that You use is secure and that precautions are put in place in Your surroundings to safeguard confidentiality of information relating to You.

23.Entire Agreement

21.1 This agreement constitutes the entire agreement between the parties. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of myself which is not set out in this agreement.

24.Notices

24.1 Any notice or other communication given to a party under or in connection with this Agreement shall be in writing, addressed to that party at the address for that party contained in this agreement or such other address as that party may have been specified to the other party in writing in accordance with this clause, and shall be delivered personally, send by pre-paid first class post or other next working day delivery service, commercial courier, fax or email. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

25.Severance

25.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

26.Waiver

26.1 A waiver of any right under this agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

27.Third parties

27.1 A person who is not a party to this agreement shall not have any rights to enforce its terms.

28.Variation

28.1 Except as set out in these terms, no variation of this agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by myself.

29.Dispute Resolution

29.1 The parties of this Agreement agree that prior to commencing any litigation arising from or in connection with this agreement, they shall enter into an alternative dispute resolution process for the purposes of resolving any disputes between them. This may initially involve an informal settlement meeting between You and I to attempt to resolve the matter. If any dispute arises in connection with this agreement and this is not resolved at an informal settlement meeting as aforementioned, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the two parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (ADR notice) to the other party to the dispute requesting a mediation. A copy of the request should be sent to the CEDR. Unless otherwise agreed, the mediation will start not later than 28 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by an unreasonable delay by reason of the failure of the other party. Nothing in this Agreement shall affect my ability to commence litigation in respect of recovering any outstanding fees owed by You or any third party in respect of therapy sessions or other service without the need to engage in Alternative Dispute Resolution as described in this Agreement.

30.Governing law and Jurisdiction

30.1 This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

31.Acceptance

31.1 You agree that Your continued use of the services of counsellor & psychotherapist, Lee Payton, constitutes Your approval and acceptance of the terms within this agreement.

31.2 These terms and conditions are an important tool in the event that You need any clarity about our contractual relationship. If You have any questions or if any of these terms are not clear, please contact me.