Garda search of therapist's home for counselling notes 'an appalling abuse of power'
Therapist Bairbre Kelly said: 'The message being sent is clear: that therapeutic spaces are not safe.' File picture
Gardaí have been criticised after seizing the counselling notes from a therapist's home of a woman who reported she had been sexually assaulted.
The therapist said her home was searched even though she had never refused to comply with gardaí and hand over the notes, according to Therapists Against Harm, a support group for the profession.
It is one of a number of groups that have called for a ban on the misuse of notes in criminal cases.
The therapist at the centre of the incident said gardaí who searched her family home had been "aggressive and threatening".
"We were so distressed. Asking what it was about they said with great intimidation that I was obstructing a criminal investigation. They stated they were there to search my property and if I didn’t comply I would be arrested.”
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The search warrant was issued in Galway district court on April 8, 2026.
A detective from Dublin and her team were authorised to search a property in Galway and the warrant set out that they could seize anything believed to be “evidence of, or relating to, the commission of an arrestable offence".
Bairbre Kelly, founder of Therapists Against Harm, said that searching the therapist's home was "an appalling abuse of power".
“That should alarm every single person in this country. This is not a grey area. This is a system that is overriding basic principles of consent, confidentiality, and care - and doing so with force.
"The message being sent is clear: that therapeutic spaces are not safe.
Ms Kelly, who has been supporting the therapist at the centre of the case, said that this is the first time she has heard of a therapist’s private home being searched for counselling notes.
“But it's very common for therapists to feel coerced or very uncomfortable during the process of seizing their notes."
As a therapist herself, Ms Kelly said that she has felt intimidated in the past by gardaí requesting a client’s clinical notes.
Client’s will often agree to hand over their notes, having been told that it will strengthen their case, Ms Kelly said.
But the survivor often does not realise that the alleged attacker and their legal team will then also have access to the documents.
“It's very much then a weaponizing of their notes with the defence lawyers looking for a way to discredit them.
“Many therapists are getting phone calls from gardaí saying, ‘your client signed over permission for us to get these notes’.
“If we refuse to hand the notes over until our client has gotten legal advice, then the notes may be subpoenaed.
“And even if our client says, 'please don't hand over the notes', if those notes are subpoenaed and the therapist refuses to release them, we could be in contempt of court."
People Before Profit/ Solidarity TD Ruth Coppinger, who raised the matter in the Dáil, said that the case raises urgent questions about the treatment of therapists, the protection of confidential therapeutic spaces, and the continued use of counselling notes in sexual offence cases.
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"At the root of this is the centrality given to counselling notes in gender based violence trials. Therapy notes are not evidence and the government needs to end this practice totally, not amend it and keep the chilling effect in place.
"The irony is this client did not speak to the therapist about her experience of sexual violence as she feared her notes would be used against her.”
Garda headquarters said that a search warrant was issued by a court as part of an ongoing investigation.
"If anyone has a complaint about the behaviour of gardaí, a complaint process is available by contacting local Garda management or the independent Garda ombudsman, Fiosrú," they said.
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