Banning conversion therapy: frequently-asked questions
Updated 9 December 2021
Applies to England and Wales
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This publication is available at https://www.gov.uk/government/consultations/banning-conversion-therapy/banning-conversion-therapy-frequently-asked-questions
How the consultation works
Why is the government holding a consultation on banning conversion therapy?
The government is consulting on our proposals for how to legislate for a ban on conversion therapy. By consulting with stakeholders and members of the public we will ensure that the ban is effective in ending different forms of conversion therapy. The question is how, not whether, we will ban conversion therapy.
How will the results of the consultation be used?
The consultation responses will be used to further refine the government’s policy proposals on banning conversion therapy and inform the process of developing draft legislation. We will analyse the responses to the consultation and respond in the new year.
Will the consultation mean there might not be a ban?
No. The government will ban conversion therapy, the consultation is not about “if” but rather how we will do so. The consultation will help shape the legislation to effectively ban conversion therapy.
How long is the consultation open for?
The consultation on legislation to ban Conversion Therapy will now remain open until Friday 4 February 2022.
Why has there been an extension to the initial consultation period?
By extending the consultation, we are giving those who have not yet had a chance to respond an opportunity to do so. It is not necessary for those who have responded to the consultation already to re-submit their responses.
An Easy Read version of the consultation has also now been published for those who wish to access it.
When will you publish an official response to the consultation?
We will analyse responses and respond to the consultation in the new year.
When will you introduce legislation?
We will prepare legislation in time for spring 2022 for introduction when parliamentary time allows.
Scope of the proposed ban
Why are you introducing a ban on conversion therapy?
Conversion therapy does not work and can cause long lasting damage to victims.
Research demonstrates that conversion therapy is harmful, resulting in poor mental health outcomes for victims that can include feelings of isolation, depression and self harm.
How will you define conversion therapy?
Acts may be committed with the intention of changing a person’s sexual orientation or changing them from being transgender or to being transgender.
We will look to define conversion therapy further in our legislation following views invited by the consultation.
Who will be protected by a ban on conversion therapy?
Our proposals protect everyone, whatever their sexual orientation or whether they are transgender or not.
An attempt to change a person from being attracted to the same-sex to being attracted to the opposite-sex will be treated in the same way as the reverse scenario.
An attempt to change someone to or from being transgender will be treated in the same way.
Will the proposed ban cover minors?
Yes. Under our proposals it would be illegal for under-18s to undergo conversion therapy in any circumstances.
Do the proposals include transgender people?
Yes. Transgender people will be protected from conversion therapy.
Consent
What practices will be banned?
Under existing criminal law, physical conversion therapy practices are already prohibited via a range of criminal offences such as rape, assault and forcibly administering drugs.
All forms of ‘talking conversion therapies’ (a working term for non-physical forms of conversion therapy) will be banned for under-18s regardless of circumstances.
Talking therapies will be banned for all aged 18 and over who do not or cannot give consent. In order to consent to such talking therapies, a person will need to be made aware that the evidence suggests these practices do not work and can result in negative mental health outcomes, including in the longer term.
These criteria will include that an adult is aware of the potential impacts of conversion therapy, has not been coerced, and is capable of giving consent.
Can an adult give consent to talking conversion therapy?
For consent to be valid in the context of an over-18 entering talking therapy, it must be voluntary and informed, and the person consenting must have the capacity to make the decision. The meaning of this is:
- voluntary – the decision to either consent or not to consent to an act must be made by the person, and must not be influenced by others
- informed – the person must be given all of the information about what the therapy involves, including the risks
- capacity – the person must be capable of giving consent, which means they understand the information given to them and can use it to make an informed decision
The government’s view is that it is important to protect a person’s right to receive counselling if that is their genuine wish. We will apply rigorous criteria to ensure that is legitimately the case.
These criteria will include that an adult is aware of the potential impacts of conversion therapy, has not been coerced, and is capable of giving consent.
Penalties
Will you create a new criminal offence for practitioners of conversion therapy?
Yes. Our proposed package of measures includes legislating to introduce a new criminal offence and to ensure that conversion therapy is recognised appropriately upon sentencing when it is the motivation for an existing crime.
Our approach is to target practitioners and those who promote this abhorrent practice, while providing support to victims and those at risk.
How have you decided the penalties?
The government is proposing penalties in line with existing offences for similar acts. Our proposed penalties are also in line with international precedence for acting on conversion therapy.
Charities and advertisement
Will charities be prohibited from offering conversion therapy?
If a person is convicted of the new talking conversion therapy offence or has been subjected to a conversion therapy sentence uplift then the Charity Commission will have a stronger legal basis for the discretionary disqualification of that person from holding a senior role in a charity.
Will advertising of conversion therapy be prohibited?
In the government’s view, endorsing or promoting any instance of conversion therapy in broadcast media or through advertisements would most likely breach the current regulatory framework.
The UK Advertising Codes, set out by the Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP), already have specific rules on products and therapies with health claims and specific rules on advertising aimed at children.
We would encourage everyone to make full use of the reporting mechanism provided by Ofcom to ensure the promotion of harmful conversion therapy is stopped. As part of the implementation of any legislative measures, we will also consider how best to encourage people to identify and report promotion of conversion therapy that contravenes the Code. We will also work closely with Ofcom to assess whether updates to the Code are required.
The government is considering how best to tackle the promotion of conversion therapy online through the Online Safety Bill and associated work.
Profiting from conversion therapy
Will you stop people profiting from conversion therapy?
The government is aware that some practitioners of conversion therapy request or receive payment for their services. This will be addressed through our proposed penalties, outlined below.
Our proposed restrictions on the advertisement and promotion of conversion therapy will also work toward reducing its spread and the ability for practitioners to profit.
What penalties will be introduced for those who profit from conversion therapy?
Under our proposals, longer sentences will be possible for those who have profited from a physical conversion therapy offence.
We will ensure that prosecutors and victims are aware that compensation may be awarded as part of the standard sentencing procedure. Victims do not have to experience financial loss for compensation to be awarded.
To strengthen this further, those found guilty of the new conversion therapy offence may be deprived of any benefit they obtained from those crimes, pursuant to the Proceeds of Crime Act 2002.
Protection and victim support
How will you protect people at risk of conversion therapy?
In addition to the preventative effect of the criminal law elements in our package, we intend to introduce Conversion Therapy Protection Orders and establish a new support service for victims or those at risk of conversion therapy.
What is a protection order and how will it work?
A Conversion Therapy Protection Order would set out certain measures to protect a person from undergoing the practice, including removing a passport for those at risk of being taken abroad or any other measure that the court considers necessary to protect the subject of the order.
This is akin to how Forced Marriage Protection Orders operate to protect those at risk.
What is the victim support service?
It is vital that those who have been subject to or are at risk of these abhorrent practices are able to find and access the support that they need. The government is committed to providing such support.
We will therefore be launching a competitive tendering process in November for a new government-funded support service for victims of, and those at risk of, conversion therapy. This is the first time that a UK government has committed to providing support of this kind. The service will be similar to the range of interpersonal abuse helplines that the Home Office oversees.
In the meantime, our GOV.UK page provides information about a range of charities providing relevant services.
Religion and freedom of speech
Are you banning freedom of speech?
No. Talking conversion therapy cannot be reasonably understood to include communication such as casual conversations, exchanges of views or pure speech acts.
Are you banning religious teaching?
The freedom to express the teachings of any religion will not be affected by the ban.
Will I still be able to seek religious counsel?
Yes, individuals will still be able to access support and counsel from their religious leaders.
Will religious groups be prohibited from offering conversion therapy?
Yes. The talking therapy ban will apply in relation to under-18s and vulnerable or non-consenting adults regardless of the setting in which it is carried out or who carries it out.
Will religious leaders who require celibacy be affected by the ban?
The proposed package of measures will not impact everyday religious practice. An adult who wants to be supported to be celibate will be free to do so.
Health
How will counselling for young people and adults exploring their gender identity be affected by a ban?
It is vitally important that no person is forced or coerced into conversion therapy, and that young people are supported in exploring their identity without being encouraged towards one particular path.
These proposals do not alter the existing clinical regulatory framework or the independence of regulated clinicians working within their professional obligations.
Dr Hilary Cass is leading a review for NHS England of gender identity services for children and young people, to report in 2022.
The government will work with the relevant authorities to ensure that our legislative interventions operate as intended with no unintended impact on clinical practitioners.
International
Have you examined existing conversion therapy bans in other countries?
Yes. We have examined existing and proposed bans on conversion therapy in other countries around the world. Officials have also been in contact with counterparts in other countries.
Although different nations have different legal systems, learning from their experiences in developing their own bans has contributed to our proposals.
Some bans elsewhere are narrower in scope than our proposals, meaning fewer people are protected and/or fewer practices are caught.