February 2024: JW, Reference No: 00789475 Registrant ID:226158
February 2024: Janet Williams, Reference No: 00789475 Registrant ID:226158
Outcome Details
This outcome was reached by agreement.
Reasons
Janet Williams (the Member), a BACP individual member, agrees to the following outcome of the investigation into a complaint of professional misconduct under reference PCP[…].
1. Background
1.1 The Member has been a BACP member since […].
1.2 The Member continues to work as a counsellor.
1.3 The Complainant, […], whose […] had been a client of the Member, made a complaint to BACP about the Member and their professional conduct.
1.4 On 5 October Year 1, the IAC referred the Member to a Practice Review Track hearing in relation to the following allegations:
Allegation 1
1.1 The Member failed to provide an appropriate contract that specified the scope, purpose and terms of the counselling to be provided.
1.2 The Member thereby failed to meet professional standards, including in particular by acting in a way which was inconsistent with the following paragraphs of the Ethical Framework for the Counselling Professions 2018:
31 We will give careful consideration to how we reach agreement with clients and will contract with them about the terms on which our services will be provided. Attention will be given to:
a. reaching an agreement or contract that takes account of each client’s expressed needs and choices so far as possible,
b. communicating terms and conditions of the agreement or contract in ways easily understood by the client and appropriate to their context,
c. stating clearly how a client’s confidentiality and privacy will be protected and any circumstances in which confidential or private information will be communicated to others,
d. providing the client with a record or easy access to a record of what has been agreed,
e. keeping a record of what has been agreed and of any changes or clarifications when they occur.
Allegation 2
2.1 The Member:
a) failed to inform the Complainant and /or the Complainant’s […] in advance of her intention to give the Complainant's […] an […] Questionnaire to complete and/ or
b) failed to seek the permission of the Complainant and /or the Complainant’s […] prior to undertaking the […] Questionnaire and /or
c) did not indicate to the Complainant and / or the Complainant's […] that the Complainant's […] may have […] prior to giving the Complainant's […] the […] Questionnaire and thereby acted without the Complainant’s and/ or the Complainant’s […] informed consent in this regard.
2.2 The Member thereby failed to meet professional standards, including in particular by acting in a way which was inconsistent with the following paragraphs of the Ethical Framework for the Counselling Professions 2018:
12. We will do everything we can to develop and protect our clients’ trust
13. We must be competent to deliver the services being offered to at least fundamental professional standards or better. When we consider satisfying professional standards requires consulting others with relevant expertise, seeking second opinions, or making referrals, we will do so in ways that meet our commitments and obligations for client confidentiality and data protection
27. Careful consideration will be given to working with children and young people that:
a. takes account of their capacity to give informed consent, considering whether it is appropriate to seek the consent of others who have parental responsibility for the young person, and their best interests
30. We will usually provide clients with the information they ought to know in advance in order to make an informed decision about the services they want to receive, how these services will be delivered and how information or data about them will be protected. Where the urgency or seriousness of the situation requires us to intervene before providing such information, we will do so at the first appropriate opportunity.
2. Admissions
2.1 The Member makes the following admissions which the BACP accepts she:
2.1.1 failed to provide an appropriate contract that specified the scope, purpose and terms of the counselling to be provided.
2.1.2 failed to inform the Complainant and /or the Complainant’s [..] in advance of her intention to give the Complainant's […] an […] Questionnaire to complete.
2.1.3 failed to seek the permission of the Complainant and /or the Complainant’s […] prior to undertaking the […] Questionnaire.
2.1.4 did not indicate to the Complainant and / or the Complainant's […] that the Complainant's […] may have […] prior to giving the Complainant's […] the […] Questionnaire.
2.1.5 That this was a breach of paragraph 39 of the Ethical Framework for the Counselling Professions 2018.
3. Mitigation
3.1 The Member puts forward the following in mitigation, which has been taken into account by the IAC in deciding the appropriate outcome:
3.1.1 She fully accepts responsibility for her actions and has expressed remorse.
3.1.2 She has demonstrated some insight into her failings.
3.1.3 She has updated her systems to ensure new clients receive all required paperwork before she starts working with them, including the therapeutic agreement and GDPR information.
3.1.4 Her conduct was motivated by the best interests of the Complainant, not any personal motivation.
3.1.5 She has provided copies of her updated contract and GDPR information letter.
3.1.6 She has discussed her conduct with her supervisor and undertaken not to use the […] questionnaire in future.
3.1.7 She has provided supportive testimonials.
4. Conclusion
4.1 The issues identified and admitted by Member amounted to breaches of the Ethical Framework in particular paragraphs 12, 13, 27(a), 30 and 31 of the Ethical Framework for the Counselling Profession 2018.
12. We will do everything we can to develop and protect our clients’ trust.
13. We must be competent to deliver the services being offered to at least fundamental professional standards or better. When we consider satisfying professional standards requires consulting others with relevant expertise, seeking second opinions, or making referrals, we will do so in ways that meet our commitments and obligations for client confidentiality and data protection.
27. Careful consideration will be given to working with children and young people that: a. takes account of their capacity to give informed consent, considering whether it is appropriate to seek the consent of others who have parental responsibility for the young person, and their best interests.
30. We will usually provide clients with the information they ought to know in advance in order to make an informed decision about the services they want to receive, how these services will be delivered and how information or data about them will be protected. Where the urgency or seriousness of the situation requires us to intervene before providing such information, we will do so at the first appropriate opportunity.
31 We will give careful consideration to how we reach agreement with clients and will contract with them about the terms on which our services will be provided. Attention will be given to:
a. reaching an agreement or contract that takes account of each client’s expressed needs and choices so far as possible,
b. communicating terms and conditions of the agreement or contract in ways easily understood by the client and appropriate to their context,
c. stating clearly how a client’s confidentiality and privacy will be protected and any circumstances in which confidential or private information will be communicated to others,
d. providing the client with a record or easy access to a record of what has been agreed,
e. keeping a record of what has been agreed and of any changes or clarifications when they occur.
4.2 One of the aims of the Professional Conduct Procedure is to protect members of the public. The IAC in considering the appropriate outcome and sanction for the admitted breaches in this case have taken into account the interests of public protection and determined that it is reasonable and proportionate to conclude it by agreement on the terms set out below.
4.3 In relation to the finding above the IAC considers it appropriate that the Member is required to provide to the BACP, within two months of the date of this agreement:
4.3.1 evidence of successful completion of no less than 6 hours continuous professional development (CPD ) addressing ethical standards and competencies, including but not limited to contracting and informed consent.
4.3.2 a personal statement demonstrating specific changes/improvements in the Member’s practice that;
4.3.2.1 reflects on and shows acceptance of responsibility for what went wrong with the client and Complainant;
4.3.2.2 demonstrates an understanding of the harm caused to the client and Complainant;
4.3.2.3 details what she has learned and what she has changed to prevent repetition of what went wrong.
4.3.3 confirmation that she has discussed her CPD and personal statement with her supervisor.
The BACP Registrar defines CPD as:
‘Any learning experience that can be used for the systematic maintenance, improvement and broadening of competence, knowledge and skills to ensure that the practitioner has the capacity to practise safely, effectively and legally within their evolving scope of practice. It may include both personal and professional development’.
4.4 The Member agrees that this Agreement will be published by the BACP in line with the Publication Policy and that it will be disclosed to the complainant.
4.5 The Member agrees that she will not act in any way inconsistent with this agreement such as, for example, by denying the finding in paragraph 2 above.
4.6 If the Member fails without good reason to comply with the sanction set out above or acts in a way which is inconsistent with this Agreement the matter will be referred to a sanction panel for consideration. The decision of the sanction panel may be published.
4.7 If the Member acts in a way which is inconsistent with this Agreement her membership/registration will be terminated. Such a decision will be published.
(Where ellipses [ . . . ] are displayed, they indicate an omission of text)