March 2024: GA, Reference No: 00527232 Registrant ID: 14610
March 2024: Graham Alexander, Reference No: 00527232 Registrant ID:14610
Outcome Details
[…]
This outcome was reached by agreement.
Reasons
The 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 On 24 July Year 1, the BACP received a complaint from the Complainant, […], who had undertaken therapy with the Member as a requirement of her studies at […].
1.3 The Committee considered the complaint on 16 May Year 2 and decided that the information before it met the proceedings test in relation to the following allegations that the Member failed to comply with the Professional Standards:
Allegation 1
1.1 On or after 7 April Year 1, the Member contacted a tutor at the […] where the Complainant was studying and shared confidential information about the Complainant without her consent.
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:
55 We will protect the confidentiality and privacy of clients by:
f. ensuring that disclosure of personally identifiable information about clients is authorised by client consent or that there is a legally and ethically recognised justification.
Allegation 2
2.1 At no time during the therapeutic relationship did the Member:
(i) provide the Complainant with a record of what they had agreed during contracting; and/or
(ii) provide the Complainant with easy access to a record of what they had agreed during contracting.
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:
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:
d. providing the client with a record or easy access to a record of what has been agreed.
2. Admissions
2.1 The Member makes the following admissions which the BACP accepts that:
(a) he breached the Complainant’s confidentiality by sharing his ‘real concerns’ with her course leader.
(b) he did not provide the Complainant with a written contract or other record, or easy access to a record, of what had been agreed between them.
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:
(a) The Member has demonstrated regret that he did not succeed in connecting with the Complainant.
(b) The Member believed he had a duty of care for the Complainant’s potential future clients.
Conclusion
4.1 The issues identified and admitted by the Member amounted to breaches of the BACP Ethical Framework for the Counselling Professions 2018 in particular:
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:
d. providing the client with a record or easy access to a record of what has been agreed.
55 We will protect the confidentiality and privacy of clients by:
f. ensuring that disclosure of personally identifiable information about clients is authorised by client consent or that there is a legally and ethically recognised justification
4.2 One of the aims of the Professional Conduct Procedure is to protect members of the public. The IAC, in considering what sanction may be appropriate in the circumstances of this case, has 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:
4.3.1 within three months of the date of this agreement, provide BACP with:
4.3.1.1 a personal statement of learning and changes to his practise as a result of this complaint. This should include his reflections on what went wrong (with reference to the allegations above), the impact of his behaviour on the Complainant and refer to any relevant training or learning the Member has undertaken since the events in question and to the values, principles, personal moral qualities and good practice set out in the BACP Ethical Framework for the Counselling Professions 2018.
4.3.1.2 Details of the process he has adopted to ensure that he now uses a consistent approach in agreeing a contract with clients and that contract is recorded and made easily available or provided to all clients.
4.3.1.3 Confirmation that he has discussed the personal statement and his contracting process (as above) with his supervisor.
4.4 The Member agrees that this Agreement may be published by the BACP and that it will be disclosed to the complainant.
4.5 The Member agrees that he will not act in any way inconsistent with this agreement such as, for example, by denying the findings in paragraph 2 above.
4.6 If the Member acts in a way which is inconsistent with this Agreement his/her membership/registration will be terminated. Such a decision will be published.
(Where ellipses [ . . . ] are displayed, they indicate an omission of text)