Professional Boundaries Not Maintained By Social Worker

Deputy Health and Disability Commissioner Dr Vanessa
Caldwell has found a social worker in breach of the Code of
Health and Disability Services Consumers’ Rights (the
Code) for failing to comply with relevant standards, by not
maintaining appropriate boundaries with her former
client.

The social worker was contracted to provide
therapy services to ACC’s sensitive claims clients. The
social worker saw her client 34 times for scheduled
appointments. They began a personal and intimate
relationship shortly after the year-long therapeutic
relationship ended.

In her decision, Dr Caldwell found
the social worker acted unprofessionally and contrary to the
Social Workers Registration Board (SWRB) Code of Conduct by
failing to maintain appropriate boundaries and engaging in
an intimate relationship with a former client. She also made
adverse comment about the social worker’s conduct during
the therapeutic relationship.

The social worker’s
client had the right to have services provided that complied
with legal, professional, ethical, and other relevant
standards. The social worker was required to comply with the
SWRB Code of Conduct, and because she was providing services
to ACC’s sensitive claims clients, she was also required
to comply with the principles set out in the Sexual Abuse
and Mental Injury Practice Guidelines for Aotearoa New
Zealand.

Dr Caldwell considered “the conduct of the
social worker was unprofessional and unethical. It was
wholly inappropriate for her to have entered into a sexual
relationship with her former client, and I am critical that
she did so.”

“In particular, I consider that there was
a clear power imbalance given the circumstances in which the
therapeutic relationship started and ended, and there was
clear evidence of the client’s vulnerabilities during
their professional relationship,” says Dr Caldwell.

Dr
Caldwell recommended the social worker provide a written
apology to her former client. She also recommended the
social worker undertake further training on maintaining
professional boundaries with clients, and provide HDC with
detailed written evidence of anonymised discussion, case
reviews, and reflections on boundary issues with clients
covered in supervision.

Dr Caldwell recommended the
SWRB consider whether a review of the social worker’s
competence and/or conduct is warranted, and report the
result back to HDC.

Following these events, the social
worker now meets fortnightly with her supervisor and weekly
with her therapist and has also changed her client group to
another age group.

“I am pleased to see the social
worker has reflected on this case, accepted responsibility
and as a result, taken appropriate action by making changes
to her practice, and undertaking further training on ethics,
boundaries, and professional practice,” says Dr
Caldwell.

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