ETHICAL FRAMEWORK AND CONFIDENTIALITY

obtain background information to ensure they are aware of the purpose of counselling and what it is likely to entail.

8.2 Written permission from Primary parents is obtained using the Parent Informed Consent Form (appendix 2). However, if the issue involves child protection and informing the parents could increase the risk of harm, there may be circumstances where a counsellor sees a child without consent.

8.3 Students who are in Secondary school and meet the Fraser Guidelines, and are deemed “Gillick competent” i.e. are able to give informed consent, do not need parental permission to access counselling (further details in Appendix 3).

8.4 The British Psychological Society Best Practice Guidelines (Third Edition) states:

“...young people who are deemed to be competent to make their own decisions: ‘Gillick competent’ can give their own consent to involvement with a psychologist, and that if a young person gives consent under these circumstances, then parental consent is not required.”

8.5 Most Secondary students are able to make an informed decision about whether to receive counselling. Furthermore, it is their discretion whether parents are informed that they are seeing the counsellor (see section 4.18 Mental health and behaviour in schools, 2018, UK Department of Education and Appendix 3, Fraser Guidelines).

8.6 In addition, the Secondary student can request that parents are not informed of their involvement with the service or ask to see a counsellor in situations where the parents have declined consent. However, this request would be overridden in the event of a safeguarding need. Child protection takes precedence over the therapeutic relationship.

If counselling is to be provided online, written consent from the parent or young person will be required (Appendix 4).

9.1 The BACP ethical framework states “confidentiality is essential in a therapeutic relationship as part of building trust”5. Building and maintaining a safe space, where students are able to confide in the counsellor, at times necessitates holding information that they may have felt unable to speak about with a parent.

9.2 Every young person is entitled to have a private life and to have their autonomy respected, these are fundamental rights established under Article 8 of the Human Rights Act 1998. Further, Article 379 of the UAE Penal Code states that “anyone

5 BACP Ethical Framework for Good Practice in Counselling and Psychotherapy [2010].

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entrusted with a secret by virtue of his profession, trade, position or art and who discloses it in cases other than those lawfully permitted has committed a crime”.

9.3 However, absolute confidentiality would not be practical or helpful to a child. In situations where a student appears at risk of harm, the counsellor must ensure the correct child protection processes are followed. The need to safeguard children takes precedence over the child’s right to confidentiality and this is upheld in the UAE by Federal Law No 3 of 2016 Child Rights Law.

9.4 Sharing information in a timely manner through the correct channels is one of the most important recommendations by the UK 2018 document “Information sharing, advice for practitioners providing safeguarding services to children, young people, parents and carers”.

9.5 A risk to the safety or welfare may include a concern that:

9.5.1 There is a risk of harm to themselves;

9.5.2 A risk of harm to another, directly or indirectly;

9.5.3 The client discloses that he/she has suffered previous harm and continues to be at risk;

9.5.4 The counsellor reasonably suspects the existence of a safeguarding issue (as defined on page 10 and in detail within the JESS Safeguarding and Child Protection Policy).

9.6 Where the client is a member of staff, a disclosure without their consent may be necessary if in the public interest. For example, if there is a risk of negligence within their role that has potential to cause harm. In this instance, only the appropriate member of the senior leadership team or the safeguarding lead would be notified of the immediate concern.

9.7 Many situations are not clear cut. For example, a client expressing that they had a thought around suicide would not automatically make them at risk of harm. The counsellor must establish how significant the risk by examining the frequency, intensity, duration and intrusively of that thought. When deciding whether to report information, it is important that the counsellor asks themselves to what end is the information being shared? How will breaching confidentiality benefit the client? If the risk is significant, the counsellor has a duty to override confidentiality in the aim of protecting the individual. The counsellor will usually inform the student of the need to share information and seek permission wherever possible. The UK guidance states:

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