April 2023: Michelle Green, Reference No: 00772699
Allegations
In the allegations below, ‘the Complainant’ refers to X
Allegation 1
1.1 The Member provided counselling services to the Complainant from December Year 1 to February Year 3.
1.2 Throughout the period of counselling, the Member regularly disclosed to the Complainant details of up to 40 of the Complainant’s colleagues counselling sessions with the Member, including but not limited to:
(i) referring to her other clients by name;
(ii) that Colleague A had […] ;
(iii) that the Member asked[…] ;
(iv) that Colleague B was having […];
(v) that Colleague B was not allowed to see […];
(vi) that Colleague C was […].
1.3 The Member thereby failed to meet professional standards, including in particular by acting in a way which was inconsistent with the following paragraph of the BACP Ethical Framework for the Counselling Professions 2016:
25 We will protect the confidentiality and privacy of clients by:
a. actively protecting information about clients from unauthorised access or disclosure.
and/or the following paragraph of the BACP Ethical Framework for the Counselling Profession 2018:
55. We will protect the confidentiality and privacy of clients by:
a. actively protecting information about clients from unauthorised access or disclosure.
Allegation 2
2.1 Between October Year 2 and June Year 3, the Member made inappropriate personal disclosures to the Complainant, including but not limited to:
(i) that she was bored and lonely;
(ii) that her and […];
(iii) that she thought [..];
(iv) that she ‘fancied’ the Complainant.
2.2 In October Year 2, the Member failed to maintain professional boundaries in that:
(i) when the Complainant invited the Member to have a drink with him, she accepted, and they went for dinner together;
(ii) after dinner she went to the Complainant’s [ . . . ] with him.
2.3 Between October Year 2 and June Year 3, the Member behaved sexually towards the Complainant in that she:
(i) sent intimate images of herself to the Complainant;
(ii) used sexualised language in messages to the Complainant.
2.4 Between October Year 2 and June Year 3, the Member had a sexual relationship with the Complainant in that, on one or more occasions, she had sexual intercourse with the Complainant.
2.5 The Member thereby failed to meet professional standards, including in particular by acting in a way which was inconsistent with the following paragraph of the BACP Ethical Framework for the Counselling Profession 2018:
33. We will establish and maintain appropriate professional and personal boundaries in our relationships with clients by ensuring that:
a. these boundaries are consistent with the aims of working together and beneficial to the client
b. any dual or multiple relationships will be avoided where the risks of harm to the client outweigh any benefits to the client
34. We will not have sexual relationships with or behave sexually towards our clients, supervisees or trainees.
Allegations 1.1 to 1.3 and 2.2 to 2.5 amount to Professional Misconduct as defined by the BACP Professional Conduct Procedure 2018. Allegation 2.1 does not amount to Professional Misconduct but is a failure to maintain Professional Standards.
Preliminary issues
On 7 June Year 6, a Professional Conduct Panel convened to consider the Member’s failure to respond to and engage with the BACP regarding the hearing that was to be convened to consider the case. It decided that it would be fair and reasonable to proceed with the future hearing in the absence of the Member for the reasons set out in the Panel’s decision dated 7 June Year 6.
On 3 October Year 6, a Professional Conduct Panel convened for the hearing of this complaint. For the reasons set out in its decision dated 25 October Year 6, the Panel decided to adjourn the hearing.
Admissions
The Member made no admissions or denials of the facts alleged.
Evidence before Panel
In comings to its decision the Panel carefully considered the following:
• The BACP’s bundle of evidence and exhibits.
• The written and oral evidence of the original complainant X and the BACP.
• The written evidence of the Member.
• The Panel heard evidence from witness X.
• The BACP Professional Conduct Procedure 2018.
• The Ethical Frameworks for the Counselling Professions 2016 and 2018.
Summary of Evidence
The complaint, as summarised by the Investigation and Assessment Committee, stated that X stated:
1. He found the Member to be very bubbly and over familiar in her manner towards him. He had interactions with her outside of the therapy sessions at work social functions.
2. Around eight months into counselling, the Member observed that the Complainant was feeling bored and lonely, and she stated that she felt the same. She then disclosed to him about […]. Throughout the sessions the Member would also disclose issues of [ . . . ].
3. The Member then started sending the Complainant photos of her in a state of undress [ . . . ].
4. Around October Year 2 the Complainant and the Member arranged to meet personally and the Member went back to the Complainant’s home, and they started a sexual relationship. He continued seeing her for counselling sessions until the beginning of Year 3. They continued a personal relationship which ended in June Year 3.
The Member provided a preliminary response stating:
• Due to the nature of this complaint, a formal police investigation happened, and the […].
• The Complainant […]
• She [ . . . ].
• She no longer practices as a counsellor and has no intentions to take up the profession again.
The Member made no specific response to the issues raised about her conduct in entering into a sexual relationship with the Complainant.
Decision and Reasons for Findings
On balance, having fully considered the above, the Panel made the following findings:
The Panel accepted the Member’s evidence that there had been a police investigation in relation to […]
The Panel also asked X why he made his complaint when he did. He explained he was […] and was helped by staff there to construct the complaint.
X gave evidence that he initially found the Member to be very caring. She made him believe he had fight left in him. However, after a couple of months she became ‘a bit friendly’ in her behavior and her dress. He said that after about 8 months of counselling the Member told him ‘You’re bored and lonely and I’m bored and lonely’ and began to disclose details of her personal life and that she had a crush on X.
X said throughout the therapy the Member disclosed personal information about colleagues of his to whom she provided therapy. She spoke about them by name, and he knew a lot of the other clients she discussed. He gave the names of a number of those he knew.
X detailed the way in which their relationship developed and became intimate. He explained he took her for dinner and then went to his home where they had sex. They then had sex regularly; the Member came to his home, often during the day and when they met for therapy they spent the time kissing and cuddling. X said after he stopped seeing the Member for therapy their sexual relationship continued; they would often have sex before [ . . . ].
X said the relationship ended when the Member pulled out of a holiday they had planned together at the last minute in July Year 3. He said he returned on 3 August Year 3 and saw the Member [ . . . ].
The Panel was concerned that the Member may have given relevant evidence in relation to her Article 12.6 case that was opened when her employer reported her as a result of X's complaint to them. The BACP confirmed that the Member made no submissions because she was simply informed of the referral and told it would not be progressed because she was no longer a member.
The Panel therefore concluded the only direct evidence of the alleged facts was from X and his evidence was not disputed by the Member. The Panel accepted that X had acted inappropriately after the end of the relationship and that had led to his […]. However, that did not preclude the events alleged having happened.
The Panel found X to be generally consistent, given the time since the events in question and noted that he volunteered positive testimony about the Member and negative testimony about his own conduct on occasions. The Panel found no basis to disbelieve X in the absence of a contradictory account from the Member.
On the basis of the combination of X’s oral and written testimony the Panel found all the factual allegations proved (Paragraphs 1.1, 1.2, 2.1, 2.2, 2.3 and 2.4). In relation to paragraph 2.1(i), the Panel agreed that in isolation telling X that she was bored and lonely was not, per se, inappropriate but in the context of the other proved comments it was part of an inappropriate pattern of behavior.
It then went on to consider whether the conduct found proved under paragraphs 1.1 and 1.2 was in contravention of paragraph 25 of the BACP Ethical Framework for the Counselling Professions 2016 and paragraph 55 of the BACP Ethical Framework for the Counselling Professions 2018. The Panel agreed that the Member had breached both these parts of the Ethical Frameworks by disclosing other clients identities and personal information to X throughout their therapeutic and personal relationships.
The Panel then considered whether the conduct found proved under paragraphs 2.1-2.4 was in contravention of paragraphs 33 and 34 of the BACP Ethical Framework for the Counselling Professions 2018. The Panel agreed that the Member had breached both these parts of the Ethical Framework by acting sexually towards and having a sexual relationship with X when he was her client and that her conduct in developing that personal relationship was a failure to maintain professional boundaries.
Allegation 1 - UPHELD IN FULL
Allegation 1.1 – PROVED
Allegation 1.2 - PROVED
Allegation 1.3 - PROVED
Allegation 2 –UPHELD IN FULL
Allegation 2.1 – PROVED
Allegation 2.2 - PROVED
Allegation 2.3 - PROVED
Allegation 2.4 – PROVED
Allegation 2.5 - PROVED
Professional Misconduct - PROVED
The Panel went on to consider whether the Member's actions that were found proved in relation to Allegations 1.1 to 1.3 and 2.2 to 2.5 amounted to Professional Misconduct (as defined by the BACP Professional Conduct Procedure 2018).
The Panel first found that paragraph 1.1 did not amount to misconduct at all and was not, therefore, Professional Misconduct.
The Panel agreed that individually and cumulatively, the remaining allegations were of sufficient seriousness that a period of suspension of membership or withdrawal of membership of the BACP may be warranted. Accordingly, it found that the Member’s actions as proved in relation to Allegations 1.2 to 1.3 and 2.2 to 2.5 amounted to Professional Misconduct.
Decision
The Panel was unanimous in its decision that there had been Professional Misconduct and a failure to comply with the Professional Standards, specifically that the Member had acted contrary to paragraph 25 of the BACP Ethical Framework for the Counselling Professions 2016, and paragraphs 33, 34 and 55 of the BACP Ethical Framework for the Counselling Professions 2018.
Sanction
The Panel reconvened on 20 February Year 7 as the Sanction Panel to decide what, if any sanction was appropriate.
The Sanction Panel had received no information from or about the Member since its decision on 6 December Year 6.
The Panel reminded itself of the allegations found proved, the breaches of the Ethical Framework for the Counselling Professions 2016 and/or 2018 found proved, the findings of Professional Misconduct as defined in the BACP Professional Conduct Procedure and the sanctions available to it under the BACP Sanctions Protocol 14.
The decision of the Sanction Panel was that the allegations found proved were wide ranging, numerous, repeated, occurred over a significant period of time and encompassed some of the most egregious conduct that could be undertaken by a member of the BACP, including a sexual relationship with a client/former client.
Having considered all of the sanctions available to it, the decision of the Sanction Panel was that, in light of the seriousness of the findings and in order to:
• protect public safety
• maintain public confidence in the BACP and the wider counselling professions
• promote and maintain proper professional standards and conduct for members of the profession
• provide assurance to members of the public that if they seek to obtain services from a member of the BACP they can do so with confidence
the only appropriate sanction is that membership of the BACP would have been withdrawn if the Member had remained a member.
(Where ellipses [ . . . ] are displayed, they indicate an omission of text)