Counsellor’s professional conduct did not meet relevant ethical standards

A counsellor has been found to be in breach of the Code of Health and Disability Services Consumers’ Rights (the Code) for failing to comply with relevant standards during his therapeutic relationship with a woman.

In her decision, Deputy Health and Disability Commissioner Dr Vanessa Caldwell found the counsellor failed to act in accordance with relevant ethical standards, which breached Right 4(2) of the Code. Dr Caldwell considered that by failing to provide information crucial to the fair and speedy investigation of the complaint, the counsellor also breached Right 10(3) of the Code.

The counsellor was providing relationship counselling services to a woman, her husband, and her female partner. The woman complained about the counsellor’s professional conduct during the sessions, including his tone and manner of communication. The counsellor also disclosed personal information about the woman to her husband and female partner, and refused to provide the woman with a copy of her clinical notes when she requested them.

The counselling profession in New Zealand is not regulated under the Health Practitioners Competence Assurance Act 2003, and there are no requirements for counsellors to register with any professional association. At the time of the events, the counsellor was not associated with New Zealand Association of Counsellors (NZAC), or any other professional counselling body.

However, Dr Caldwell noted “the counsellor, by his own admission, subscribes to the NZAC Code of Ethics in his practice. I consider the NZAC Code of Ethics to reflect the ethical standards to be reasonably expected of anyone holding themselves out to be practising as a counsellor”.

“I consider the counsellor failed to act with care and respect during his session with the woman, and in a manner that minimised harm to her.

“He did not use appropriate or respectful language in his communication with or about the woman and he did not adhere to clear professional boundaries, highlighted by statements/information he shared about the woman with her partners,” says Dr Caldwell.

The role of HDC is to promote and protect the rights of consumers of health and disability services. These rights are set out in the Code which also includes obligations for providers to facilitate the fair, simple, speedy, and efficient resolution of complaints.

HDC requested information from the counsellor on several occasions, and offered him an opportunity to participate in the investigation process and respond, but he did not adequately engage.

“Correspondence sent to the counsellor from HDC represented an opportunity for him not only to clarify and resolve the issues raised by the woman, but to provide information to support his assertion that the care provided was appropriate.

“The counsellor did not take this opportunity. In doing so, he unnecessarily delayed the woman’s right to have her complaint handled in a speedy, efficient, and satisfactory manner,” says Dr Caldwell.

Dr Caldwell recommended the counsellor provide a written apology to the woman, and attend training on ethics, professional boundaries, therapeutic communication, establishing rapport and trust with patients, and counselling for patients who have experienced sexual assault. She also recommended the counsellor review and update his marketing material to be transparent about not being registered with NZAC.

Further, Dr Caldwell recommended the counsellor review and reflect on his obligations as a healthcare provider under the Code and develop a robust complaints management process that aligns with his obligations under the Code, for use in his practice.