Do counsellors really need a written contract?

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written counselling contract checklist on deskWhen I trained as a counsellor in the early 2000s, the message felt simple.

Talk through the contract, note it in your records, and you’re fine. Written contracts were not talked about.

We explained boundaries verbally, maybe had some information on a leaflet or website, and that was considered good enough.

Fast forward twenty years, and the landscape looks different. Complaints learning and professional guidance now place much more emphasis on clients being given written information early on, and on counsellors being able to show what was agreed if there’s ever a dispute.

Colleagues now ask:

  • Do I legally have to give a written contract?
  • What happens if my professional body expects more than the law requires?
  • Is a verbal contract still acceptable?

This post is my attempt to untangle those questions.

Contents

The short answer to Written Contracts?

  • Legally, a contract doesn’t have to be written to exist. A verbal agreement can still be a valid contract.
  • Professionally, bodies like BACP, NCPS and UKCP increasingly frame written contracting as best practice, and complaints learning strongly nudges us in that direction.
  • So you may not be breaking the law without a written contract, but you can still find yourself criticised (or the subject of a complaint) if you can’t evidence what was agreed.

For me, that’s the key tension: legal minimum vs professional expectation.

A note: this post is information and reflection, not legal advice.

What does the law say about therapy contracts?

Under general contract principles, a contract usually needs:

  • an offer (for example, ‘I can offer weekly 50-minute sessions at £X’)
  • acceptance (the client agrees to those terms)
  • some form of consideration (usually payment)
  • an intention to create legal relations

That agreement can be made verbally. Courts are used to dealing with verbal contracts. The difficulty is evidencing what was actually agreed if there’s a dispute later.

Recent legal writing has gone further. Carter and Grossi (2025) argue that there isn’t necessarily a clash between formal contract law and the intimacy of therapy. A written agreement can clarify the boundaries of the relationship and protect both parties.

So in practical terms:

  • No, there isn’t a single UK statute that says ‘counsellors must always give written contracts’ in every situation.
  • Yes, a verbal agreement can still be a valid contract.
  • But when something goes wrong, written terms tend to carry more weight than a ‘one said / the other said’ situation.

What do our professional bodies expect?

This is where things get more concrete, and where some of the confusion comes from.

BACP

BACP’s guidance on contracting (Good Practice in Action) describes it as best practice to provide clients with written details of terms and conditions as early as possible, and to ensure clients have a record (or easy access to a record) of what has been agreed.

BACP’s complaints learning also highlights contracting as a recurring theme, and points out that while written contracts may not be legally required, relying only on a verbal contract can lead to misunderstandings later. From their Professional Conduct Notices, they will uphold a complaint if there is no written contract.

UKCP

UKCP is direct that even if you don’t issue a written contract, you will still have a contract because a verbal agreement is a contract.

UKCP also emphasises that a written contract supports informed consent, sets expectations clearly, and reduces the likelihood of complaints.

NCPS

NCPS’ Code of Ethics includes an expectation to agree clear and transparent contracts and/or terms and conditions, in writing where appropriate.

So is a verbal contract wrong?

I don’t think it’s as simple as ‘verbal bad, written good’.

A lot of us were trained to:

  • talk through the contract in the first session
  • jot ‘contract explained’ (or similar) in our notes
  • maybe send a follow-up email or point to a website page

That is contracting.

The problem is not that verbal contracting doesn’t count. It’s that:

  • clients may not remember what was said, especially if they were anxious or distressed
  • there’s nothing concrete to refer back to if expectations clash
  • in a complaints or legal context, it’s much harder to show what was agreed

So verbal contracting remains essential, but on its own it’s increasingly seen as insufficient if nothing is written down to back it up.

Why I now err on the side of putting it in writing

Taking all of this together, I’ve chosen to treat a short, clear written contract as standard practice. My reasons are:

  1. Informed consent
    Clients can’t give meaningful consent if they’re hazy on how therapy works, what it costs, how confidentiality operates or how to complain. Written information supports autonomy and helps balance power.
  2. Clarity around boundaries
    Endings, missed sessions and out-of-session contact are fertile ground for misunderstandings. A written contract lets us be transparent from the start.
  3. Complaints and legal protection
    If a client feels unhappy, a clear written agreement can help resolve things early. If a complaint proceeds, your membership body or insurer may ask to see your contract.
  4. It doesn’t have to be unfriendly
    A carefully framed agreement can support, rather than undermine, the relational work.
  5. It honours clients’ investment
    Being given something clear in writing can help clients recognise the commitment they’re making and the seriousness of the space.

But I don’t want therapy to feel like buying a gym membership

Nor do I.

For me, the key is how we use the contract:

  • I keep it short (usually one or two pages).
  • I use plain, everyday language.
  • I go through it in the first session rather than just emailing it out.
  • I invite questions, and where possible, I’m open to tweaks.
  • I treat it as a living document. If something changes, we talk about it and update it.

That way, the written contract becomes part of the therapeutic relationship, not something tacked on around it.

Copy and paste scripts

A simple contracting script for the first session

‘Before we begin, can I check you’ve read the counselling agreement I sent and you’re happy with it. Especially confidentiality, cancellations, and how we contact each other. Is there anything you’d like to ask or change before we start.’

A low-fuss way to handle ‘signing’

Many counsellors do not require a signature. A simple approach is:

  • send the agreement by email before the first session
  • ask the client to reply confirming they have read it and agree
  • go over it briefly at the start of session one, and invite questions

‘I’ll send the agreement via email so you have time to read it. Please reply to confirm you have read it and agree. I’m happy to go over it at our first session.’

If the client is very distressed in session one

If a client arrives overwhelmed, I focus on the essentials first (confidentiality and limits, immediate safety, session length and fees). I then return to the rest next time.

‘Today I suggest we focus on what’s brought you here. We’ll return to the rest of the agreement next session when things feel a bit steadier.’

Related posts on my site

Further reading

FAQs about counselling contracts

Do counsellors legally need a written contract?

In general UK contract law, an agreement does not have to be written to be a contract. A verbal agreement can still be legally valid. The practical difficulty is proving what was agreed later if there is a dispute. That is one reason many counsellors choose to provide written terms and keep a clear record of what has been agreed.

Is a verbal counselling contract valid?

Yes, it can be. Many counselling relationships begin with a verbal agreement about session length, fees, confidentiality and boundaries. However, clients may not remember the detail if they were anxious or distressed, and expectations can differ. A short written agreement helps reduce misunderstandings and gives you both something to refer back to.

Do I need my client to sign the counselling contract?

Not always. Many counsellors email the agreement in advance and ask the client to reply to confirm they have read it and agree. You can then go over it briefly at the start of the first session and invite questions. A signature can be useful in some settings, but it is not the only way to evidence informed consent.

What should be included in a counselling contract?

Most contracts cover the basics: session length and frequency, fees and payment, cancellations and missed sessions, confidentiality and its limits, record keeping, contact between sessions, online working arrangements (if relevant), safeguarding and risk procedures, endings, and how concerns or complaints can be raised.

What if my client says they did not read the contract?

Slow down and summarise the key points, especially confidentiality, fees, cancellations and how to contact you. Check understanding and give them space to decide whether they still want to proceed. If they feel rushed or overwhelmed, you can offer to rebook so they have time to read it properly.

What if I change my fees or cancellation policy later on?

Tell clients clearly, in advance, and ideally in writing. If it is a significant change, talk it through in session as well. Where possible, give reasonable notice so clients can make an informed decision about whether to continue.

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