| A prominent aspect of counsellor training involves the | | | | important issue. |
| analysis of ethical situations. Counsellors need to be | | | | It can be defined as the necessity to break client |
| malleable to the variety of situations in which the | | | | confidentiality in order to protect the client or the |
| client's personality traits and environmental | | | | community as a whole, when the client imposes a |
| circumstances are prominent barriers to the | | | | threat 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 counselling | | | | abides by. When laws and values conflict, which side |
| micro-skills play a role in supporting the counsellor's | | | | should 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 the | | | | sharing information with colleagues or supervisors in |
| exception in the therapeutic process - they reign | | | | order to obtain an alternative opinion or perspective. |
| supreme. Effective counselling invokes the ongoing | | | | However, 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 give | | | | over 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 you | | | | Needless to say, counsellors should be flexible when |
| aware of the particular conditions which delineate each | | | | making decisions regarding mandatory reporting. There |
| of these situations, and how to act upon them? This | | | | are several law frameworks which govern countries, |
| article provides a snapshot of the topic, along with | | | | states and regions, and each of them has its own |
| some strategies for practising and student counsellors | | | | agenda in respect to mandatory reporting |
| who are likely to face similar situations throughout their | | | | requirements. Additionally, a wide variety of codes of |
| careers. | | | | conduct are also likely to influence the decision-making |
| Dual Relationships | | | | process for therapists and mental health professionals. |
| Dual relationships can be defined as social interactions | | | | A common basis for reporting a client is the imminence |
| between counsellor and client, in addition to their | | | | of danger for the individual (self harm) or others (e.g. |
| professional (or therapeutic) relationship. Because the | | | | an 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 requires | | | | that serious harm may occur to the client or to other |
| particular decorum from both entities - clients and | | | | people. In such circumstances the client's consent to |
| counsellors are likely to face natural obstacles when | | | | change 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 awkward | | | | good grounds for believing the client is no longer willing |
| for both the therapist and the client when interactions | | | | or able to take responsibility for his/her actions. |
| occur outside the psychotherapeutic relationship. Some | | | | Normally, the decision to break confidentiality should be |
| relationships, such as those that include sexual or | | | | discussed with the client and should be made only |
| financial involvement, clearly violate the ethical codes | | | | after consultation with the counselling supervisor or if |
| of almost all professional organizations. Others, such as | | | | he/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 be | | | | Informed Consent |
| quite harmless. Most decisions are not this | | | | Informed consent involves the communication of any |
| straightforward, however, and deciding whether to | | | | information which matters to the client and which is |
| accept a Christmas gift or flowers for the waiting | | | | pertinent 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 influence | | | | development of trust and rapport. A premise for |
| particular social interactions can wield in the | | | | creating trust and rapport is good communication. |
| professional relationship - that is, the counsellor's | | | | Good communication, conversely, is based on honesty. |
| perspective towards the client, and vice-versa. Simple | | | | Thus, informed consent is not only an ethical |
| interactions, such as a chat on the street or even the | | | | requirement for the counsellor, but also a condition to |
| cup of coffee cited by Corsini are likely to have little | | | | achieve 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 certain | | | | affect them. They deserve to know the likelihood of |
| situations which induce emotional attachment can be | | | | harm (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 it | | | | of success for treatment, the limits of confidentiality, |
| comes to dual relationships. However, the vast | | | | whether student counselors will be involved, and the |
| majority of therapists agree that dual relationships | | | | likely duration and cost of treatment." (Corsini, 2000) |
| should be avoided, arguing that transference and | | | | An effective way to ensure clients are adequately |
| counter transference are powerful responses that will | | | | informed is to produce a standard information |
| inevitably influence the therapeutic relationship. Along | | | | disclosure statement: a contract which comprises the |
| with most ethical dilemmas, it is largely a matter of | | | | counsellor's and clients' responsibilities and rights. A |
| each case: context, individual personality traits and | | | | well-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 dual | | | | confidentiality, record-keeping, counselling management, |
| relationships which were most likely to be detrimental | | | | relationship boundaries, and more. It is also a |
| to a therapeutic relationship included the following | | | | measurement 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 for | | | | with 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 realistic | | | | of any fees, cancelled appointments and other |
| boundaries around the professional relationship with | | | | significant matters. The communication of essential |
| their clients. Such boundaries need to consider the | | | | terms and any negotiations should be concluded by |
| needs and characteristics of each client, and how that | | | | having reached a clear agreement before the client |
| will reflect in the overall relationship. Codes of practice | | | | incurs 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 particular | | | | Reference List: |
| needs in each relationship and apply such knowledge | | | | Australian Counselling Association (2002). ACA Code |
| to improve decision-making in the counselling process. | | | | of Conduct. (4th version). Brisbane: Author. Corsini, R., & |
| Mandatory Reporting | | | | Wedding, D. (2000). Current Psychotherapies. (6th |
| Mandatory reporting, or duty to warn, is one of the | | | | Edition). Belmont: Brooks/Cole. pp. 445-453. Kitchener, |
| most sensitive topics in therapy and mental health. The | | | | K. S. (1988). Dual role relationships: What makes them |
| bare existence of this concept already conflicts with | | | | so problematic? Journal of Counseling & Development, |
| ethical principles of confidentiality, thus deciding to | | | | 67(4), pp. 217-221. |
| report a client is a paradoxical pattern of thinking for | | | | Subscribe to our FREE eZine. |
| any such professional. Nevertheless, it is an extremely | | | | |