Source: Health and Disability Commissioner
Deputy Health and Disability Commissioner Dr Vanessa Caldwell has found a social worker in breach of the Code of Health and Disability Services Consumers’ Rights (the Code) for failing to comply with relevant standards, by not maintaining appropriate boundaries with her former client.
The social worker was contracted to provide therapy services to ACC’s sensitive claims clients. The social worker saw her client 34 times for scheduled appointments. They began a personal and intimate relationship shortly after the year-long therapeutic relationship ended.
In her decision, Dr Caldwell found the social worker acted unprofessionally and contrary to the Social Workers Registration Board (SWRB) Code of Conduct by failing to maintain appropriate boundaries and engaging in an intimate relationship with a former client. She also made adverse comment about the social worker’s conduct during the therapeutic relationship.
The social worker’s client had the right to have services provided that complied with legal, professional, ethical, and other relevant standards. The social worker was required to comply with the SWRB Code of Conduct, and because she was providing services to ACC’s sensitive claims clients, she was also required to comply with the principles set out in the Sexual Abuse and Mental Injury Practice Guidelines for Aotearoa New Zealand.
Dr Caldwell considered “the conduct of the social worker was unprofessional and unethical. It was wholly inappropriate for her to have entered into a sexual relationship with her former client, and I am critical that she did so.”
“In particular, I consider that there was a clear power imbalance given the circumstances in which the therapeutic relationship started and ended, and there was clear evidence of the client’s vulnerabilities during their professional relationship,” says Dr Caldwell.
Dr Caldwell recommended the social worker provide a written apology to her former client. She also recommended the social worker undertake further training on maintaining professional boundaries with clients, and provide HDC with detailed written evidence of anonymised discussion, case reviews, and reflections on boundary issues with clients covered in supervision.
Dr Caldwell recommended the SWRB consider whether a review of the social worker’s competence and/or conduct is warranted, and report the result back to HDC.
Following these events, the social worker now meets fortnightly with her supervisor and weekly with her therapist and has also changed her client group to another age group.
“I am pleased to see the social worker has reflected on this case, accepted responsibility and as a result, taken appropriate action by making changes to her practice, and undertaking further training on ethics, boundaries, and professional practice,” says Dr Caldwell.
The full report of this case will be available on HDC’s website. Names have been removed from the report to protect privacy of the individuals involved in this case.
The Commissioner will usually name providers and public hospitals found in breach of the Code, unless it would not be in the public interest, or would unfairly compromise the privacy interests of an individual provider or a consumer.
More information for the media and HDC’s naming policy can be found on our website here.
