BACP's 2026 Ethical Framework: the new clinical will requirement

BACP has published a new Ethical Framework for the Counselling Professions 2026, replacing the 2018 version. It takes effect on 1 November 2026 and becomes mandatory for all members from midday on Tuesday 3 November 2026. BACP has released it ahead of time so members can familiarise themselves during the transition.

For most practitioners the framework will feel familiar — but there's one change worth acting on now: for the first time, it names the clinical will as an explicit requirement.

What point 4.5 now says

The 2026 framework asks members to manage breaks and endings in ways that minimise the impact on clients. Alongside the familiar duties — giving reasonable notice of planned breaks and endings, and managing unplanned ones to reduce harm — it adds a specific expectation: that members ensure a clinical will is in place and have appointed an executor who, bound by confidentiality, can communicate with clients if the therapist is unable to do so themselves, or dies.

Where the 2018 framework only implied a duty of continuity, the 2026 version makes it concrete and named. If you're a BACP member in private practice, that means having a clinical will is no longer just good practice — from 3 November 2026 it's part of meeting your ethical commitments.

What this means in practice

To comply, you'll need to have:

• Appointed a clinical executor — a trusted colleague or supervisor, bound by confidentiality, who has agreed in advance to act. A backup is wise.
• Documented how your clients can be reached — where your client list lives and how to access it, without handing over live passwords in the document itself.
• Set out what happens to your records — how they're stored, retained, and eventually securely destroyed.
• Told your clients — your contract or privacy notice should make clear that, in an emergency, a named professional may contact them.

You're not alone in this

BACP isn't the only body moving in this direction. BABCP's Standards of Conduct already require members practising CBT to have a process in place for unexpected unavailability — "usually referred to as having a clinical will." If you're registered with another body, it's worth checking its own continuity-of-care guidance.

How to get ready before November

The framework has been published early precisely so you can prepare rather than scramble. A clinical will doesn't need to be complicated — it needs to exist, name a willing executor, and be something that person could actually act on.

PolicyDiary is building a simple clinical will service for UK therapists: guided and plain-English, pre-filled from your existing practice details, producing a document you can sign and hand to your executor — ready well before the 3 November deadline. Register your interest here and we'll tell you the moment it's ready.

This article summarises publicly available information about the BACP Ethical Framework 2026 and is not a substitute for reading the framework itself or for professional advice.