February 2025: JM, Reference No 00682204 , Registrant ID 32174

February 2025: Joanna Marsh, Reference No 00682204 , Registrant ID 32174

Outcome Details

Consensual Disposal

Reasons

1. Joanna Marsh, a BACP individual member agrees to the following outcome of
the investigation into a complaint of a failure to meet the Professional Standards under reference PCP[…].

Background

2. Ms Marsh has been a BACP member since […]

3. The Member previously worked for the […] and is now retired from practice.
4. On 22nd September Year 1 a complaint was made about the Member’s conduct, in summary, the Complainant stated that she:
a) Made session notes which contained comments which were inaccurate, judgemental and/or inappropriate.

Admissions

The Member makes the following admissions which the BACP accepts:

Allegation 1

1.1 The Member recorded information and/or comments about the Complainant which were unprofessional and/or inaccurate and/or irrelevant, including (but not limited to):
a. In notes of therapy sessions: i. Stating inaccurately that he had been abused by “a paedophile ring”; and/or
ii. Stating “He smelled bad and looked dishevelled”; and/or
iii. Stating “He is shouting at me as if I am his mother”; and/or
iv. Stating that his mother “moves in London Society”.

b. In a referral for psychiatric assessment: i. Stating “I cannot follow his ramblings”; and/or
ii. Incorrectly stating that he had been “sectioned” as a child; and/or
iii. Stating “Nothing ever makes sense in a session with [C]”; and/or
iv. Describing him as “deeply traumatised and damaged”.

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 ‘Good Practice’ in the Ethical Framework for the Counselling Professions 2018: 15 (We will keep accurate records that are adequate, relevant and limited to what is necessary for the type of service being provided) and/or 12 (We will do everything we can to develop and protect our clients’ trust).

Allegation 2

2.1 The Member made a referral for psychiatric assessment without the Complainant’s authority and against his express wishes, when that was not clinically justified.

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 ‘Good Practice’ in the Ethical Framework for the Counselling Professions 2018: 16 (We will collaborate with colleagues over our work with specific clients where this is consistent with client consent and will enhance services to the client) and/or 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).

Mitigation

5. The Member puts forward the following in mitigation, which has been taken into account by the IAC in deciding the appropriate outcome:

• She has reflected intensely on this complaint since it was raised.
• She would like to sincerely apologise to the Complainant for any upset he has experienced.
• Her intentions were always to support the client to the best of her ability as an experienced counsellor within the confines of […] provision.
• She was acting in accordance with the guidance from my supervisor about this case but with hindsight, accepts that she should have discussed terminating the therapy earlier.
• She was genuinely concerned for how the client would feel after the therapy had finished and acted to secure him further support. She now accepts now that she should have communicated more clearly with him about ongoing support.
• She felt exhausted from trying to satisfy a client who was not happy at the end of the therapy.
• During 12 years […], she believes that she has worked to high satisfaction level with more than 800 clients.
• She had family caring responsibilities at the time of these events.

Conclusion

6. The issues identified and admitted by the Member amount to breaches of the professional standards reasonably expected of the Member having regard to the Ethical Framework for Good Practice in Counselling and Psychotherapy 2018 in particular paragraphs 15, 16 and 30 as identified in the admissions above.

7. 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.

8. In relation to the finding above the IAC considers it appropriate that the Member should, within 3 months of the date of this agreement:

1. Undertake a minimum of 6 hours of CPD on:

a. Keeping accurate clinical records

b. Obtaining informed client consent.

This should be evidenced by relevant training certificates or source references.

2. Demonstrate how she will improve her practice in future by providing a written reflection addressing:

a. What went wrong in this case.

b. What she would do differently, if she returns to practice, in future.

c. The impact of her actions on the Complainant, the reputation of the BACP and the wider counselling professions.

3. Following her reflection, write a genuine and sincere letter of apology to the Complainant which:

a. Accepts responsibility for what went wrong in this case.

b. Acknowledges the harm caused to the Complainant by her actions.

The Member should provide confirmation that her CPD, reflection and letter of apology has been discussed with a supervisor.

9. 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.

10. The Member agrees that she will not act in any way inconsistent with this agreement such as, for example, by denying the admission(s) in paragraph 5 above.

11. 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. A sanction panel may determine that it will terminate her membership. Such a decision will be
published.

(Where ellipses [ . . . ] are displayed, they indicate an omission of text)