Ethical Situations in Counselling

A prominent aspect of counsellor training involves theimportant issue.
analysis of ethical situations. Counsellors need to beIt can be defined as the necessity to break client
malleable to the variety of situations in which theconfidentiality in order to protect the client or the
client's personality traits and environmentalcommunity as a whole, when the client imposes a
circumstances are prominent barriers to thethreat to his/her own safety, the community's safety
relationship's progress.or the framework of law to which the community
Codes of practice, ethical guidelines and counsellingabides by. When laws and values conflict, which side
micro-skills play a role in supporting the counsellor'sshould you take? Most cases of information disclosure
decision-making process towards the relationship;in therapy are for the benefit of the client, such as
however, client and situation uniqueness are not thesharing information with colleagues or supervisors in
exception in the therapeutic process - they reignorder to obtain an alternative opinion or perspective.
supreme. Effective counselling invokes the ongoingHowever, when it comes to mandatory reporting, best
need for adaptability and critical analysis.interest of the community or society are preceded
In this context, three situations which frequently giveover the client's interests. Thus, the default answer to
rise to ethical dilemmas are dual relationships,the previous question is in fact, the law.
mandatory reporting and informed consent. Are youNeedless to say, counsellors should be flexible when
aware of the particular conditions which delineate eachmaking decisions regarding mandatory reporting. There
of these situations, and how to act upon them? Thisare several law frameworks which govern countries,
article provides a snapshot of the topic, along withstates and regions, and each of them has its own
some strategies for practising and student counsellorsagenda in respect to mandatory reporting
who are likely to face similar situations throughout theirrequirements. Additionally, a wide variety of codes of
careers.conduct are also likely to influence the decision-making
Dual Relationshipsprocess for therapists and mental health professionals.
Dual relationships can be defined as social interactionsA common basis for reporting a client is the imminence
between counsellor and client, in addition to theirof danger for the individual (self harm) or others (e.g.
professional (or therapeutic) relationship. Because thean ex-partner). "Exceptional circumstances may arise
relationship was initiated in a therapeutic environment -which give the counsellor good grounds for believing
which invokes behavioural restrictions and requiresthat serious harm may occur to the client or to other
particular decorum from both entities - clients andpeople. In such circumstances the client's consent to
counsellors are likely to face natural obstacles whenchange in the agreement about confidentiality should
developing relationships outside of the counselling room.be sought whenever possible unless there are also
As Corsini (2000, p. 447) states: "It is often awkwardgood grounds for believing the client is no longer willing
for both the therapist and the client when interactionsor able to take responsibility for his/her actions.
occur outside the psychotherapeutic relationship. SomeNormally, the decision to break confidentiality should be
relationships, such as those that include sexual ordiscussed with the client and should be made only
financial involvement, clearly violate the ethical codesafter consultation with the counselling supervisor or if
of almost all professional organizations. Others, such ashe/she is not available, an experienced counsellor."
allowing a client to buy the therapist a cup of coffee(Australian Counselling Association - Code of Conduct)
after a chance meeting in a restaurant, appear to beInformed Consent
quite harmless. Most decisions are not thisInformed consent involves the communication of any
straightforward, however, and deciding whether toinformation which matters to the client and which is
accept a Christmas gift or flowers for the waitingpertinent to the therapeutic relationship. A building
room can become a vexing dilemma".aspect of the client-counsellor relationships is the
The main question to be asked is how much influencedevelopment of trust and rapport. A premise for
particular social interactions can wield in thecreating trust and rapport is good communication.
professional relationship - that is, the counsellor'sGood communication, conversely, is based on honesty.
perspective towards the client, and vice-versa. SimpleThus, informed consent is not only an ethical
interactions, such as a chat on the street or even therequirement for the counsellor, but also a condition to
cup of coffee cited by Corsini are likely to have littleachieve the collective goals of the relationship.
influence over both entities' mindsets, thus it is generally"Clients are entitled to know about all matters that
not perceived as a challenging situation. But certainaffect them. They deserve to know the likelihood of
situations which induce emotional attachment can beharm (physical or mental) that could result from
damaging to counselling goals and/or outcomes.treatment, the possibility of side effects, the probability
Mental health professionals diverge in opinions when itof success for treatment, the limits of confidentiality,
comes to dual relationships. However, the vastwhether student counselors will be involved, and the
majority of therapists agree that dual relationshipslikely duration and cost of treatment." (Corsini, 2000)
should be avoided, arguing that transference andAn effective way to ensure clients are adequately
counter transference are powerful responses that willinformed is to produce a standard information
inevitably influence the therapeutic relationship. Alongdisclosure statement: a contract which comprises the
with most ethical dilemmas, it is largely a matter ofcounsellor's and clients' responsibilities and rights. A
each case: context, individual personality traits andwell-defined statement will provide the client with
nature of the counselling relationship.valuable information about areas such as:
According to Karen Kitchener (1988), the types of dualconfidentiality, record-keeping, counselling management,
relationships which were most likely to be detrimentalrelationship boundaries, and more. It is also a
to a therapeutic relationship included the followingmeasurement which improves the quality of the
aspects: "incompatibility of expectations between roles;service provided as it creates a clear framework of
diverging obligations associated with different roles,conduct for clients which are not acquainted with the
which increases potential for loss of objectivity and;process of therapy.
increased power and prestige between professionals"Counsellors are responsible for reaching agreement
and consumers, which increases the potential forwith their clients about the terms on which counselling
exploitation".is being offered, including availability, the degree of
To surpass difficulties with dual relationships,confidentiality offered, arrangements for the payment
counsellors ought to ascertain clear and realisticof any fees, cancelled appointments and other
boundaries around the professional relationship withsignificant matters. The communication of essential
their clients. Such boundaries need to consider theterms and any negotiations should be concluded by
needs and characteristics of each client, and how thathaving reached a clear agreement before the client
will reflect in the overall relationship. Codes of practiceincurs any commitment or liability of any kind."
and guidelines are important to set these boundaries;(Australian Counselling Association - Code of Conduct)
however, professionals must be sensitive to particularReference List:
needs in each relationship and apply such knowledgeAustralian Counselling Association (2002). ACA Code
to improve decision-making in the counselling process.of Conduct. (4th version). Brisbane: Author. Corsini, R., &
Mandatory ReportingWedding, D. (2000). Current Psychotherapies. (6th
Mandatory reporting, or duty to warn, is one of theEdition). Belmont: Brooks/Cole. pp. 445-453. Kitchener,
most sensitive topics in therapy and mental health. TheK. S. (1988). Dual role relationships: What makes them
bare existence of this concept already conflicts withso problematic? Journal of Counseling & Development,
ethical principles of confidentiality, thus deciding to67(4), pp. 217-221.
report a client is a paradoxical pattern of thinking forSubscribe to our FREE eZine.
any such professional. Nevertheless, it is an extremely