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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.
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