Purpose
All counsellors and psychotherapists have a responsibility to promote the welfare of Vulnerable Adults, Children and Young People, regardless of their age, disability, gender, gender reassignment, sexual orientation, race, religion or belief. This policy sets out the commitments I make and responsibilities I accept in relation to safeguarding.
Background
The law has developed to protect the rights of vulnerable adults to make decisions for themselves and has created responsibilities for professionals to help adults to overcome obstacles in making or communicating their wishes. The legal presumption has switched from making untested assumptions that someone is incapable of making a decision for themselves, instead the assumption has become that everyone is capable of making decisions for themselves unless there are strong grounds to indicate the opposite.
The legal definitions of a ‘vulnerable’ adult is an individual over the age of 18 who is:
- bullet Dependent on others for care or support in their everyday life.
- bullet At risk of currently experiencing neglect or abuse
- bullet Unable to protect themselves from significant harm or exploitation.
In the UK, safeguarding means protecting peoples’ health, wellbeing and human rights and working to enable them to live free from harm, abuse, neglect and exploitation and working together with other agencies, as appropriate, to achieve this.
Confidentiality and Safeguarding
Confidentiality is critically important in counselling, where clients need to feel able to discuss sensitive thoughts and issues without worrying that their confidences might be communicated to others in ways that could harm them by damaging their reputation or upsetting others. A vulnerable adult client will need the mental and legal capacity to enter into a valid contract for counselling-related services. If the vulnerable adult has mental capacity to enter into a contract, then confidentiality must form part of the contractual agreement made. If a vulnerable client has entered into a contract for my counselling and psychotherapy service then all rights to confidentiality and data protection are afforded in the same way as for any other client, with the only exceptions to confidentiality as clearly described in the Counselling Agreement.
How will I maintain safeguarding practice?
- bullet I undertake to comply with all professional and ethical expectations to protect a person’s right to live in safety free from harm, abuse, neglect and exploitation. I hold full and ongoing DBS clearance and aim to work in accordance with the ethical and professional safeguarding standards of the British Association for Counselling and Psychotherapy (BACP) and applicable law.
- bullet I provide counselling for people over the age of 16, who have rights to confidentiality and to legally consent for counselling services. Confidentiality will be afforded to 16 to 18 year olds as is appropriate for the age group within the constraints of the Children’s Safeguarding and Child Protection Legislation. It is mandatory for all regulated health and social care professionals in England to report known cases of female genital mutilation (FGM) in under 18s to the police (Home Office 2016)
- bullet I will monitor changes to law and ethics relating to safeguarding and statutory frameworks relating to safeguarding and update my knowledge and practice as and when necessary.
- bullet Where necessary and appropriate, I will work together with other agencies in the interests of safeguarding you and others.
- bullet I will give careful consideration to how to manage situations when protecting you or others from serious harm and/or complying with the law may require me to override your wishes or breach our agreement on confidentiality
- bullet In exceptional circumstances where the need to safeguard you or others from serious harm means I will choose to override our confidentiality agreement, and take action I deem necessary to protect you or others from serious harm, I will do my best to respect those parts of your wishes or confidences that do not need to be disclosed.
What if I have a concern about safeguarding?
Where possible in the first instance, discuss this with you and agree a way forward. However, whilst our work together will be held in the strictest confidence (subject to the specific exceptions which will be clearly explained in our counselling agreement) there may be circumstances in which I have to choose to break our confidentiality agreement to respond to my belief about the risk of harm to you or another person. A decision to do this will not be made lightly and only be made where this in your or another’s best interests. My response may include:
Responding to an Emergency level of risk
When there is substantial and credible evidence that someone is at high risk of immediate harm, may call an ambulance or the police if required. It may be more appropriate to contact a person who supports/cares for you, but I will consider if the person being contacted is involved in the harm or risk.
No immediate risk
In situations of no immediate risk, I will work with you to discuss strategies and sources of support to help you to manage the risk and ensure that you have relevant telephone numbers in a format that is accessible to you. I may consider exploring crisis planning, contingency planning, identifying indicators that risk is escalating and seek to develop a shared understanding of risk with you. Identified risk may relate to one event that is of significant concern or a series of events that mean the accumulated risk is believed to be high. Wherever possible and appropriate (having assessed the potential risks and benefits to you and/or the person at risk) I would encourage you to seek help from any appropriate agencies or to give your consent to my doing this on your behalf.
Examples of when I may need to pass on information without your consent are:
- bullet I have information indicating that there is a high likelihood of risk of significant harm to someone and we are unable to communicate with them. This includes vulnerable adults or children under 18 years.
- bullet There is a concern about abuse or neglect and lack of ability for that person to protect themselves. This includes vulnerable adults or children under 18 years.
- bullet There is concern about a suicide attempt or other medical emergency. I may call an ambulance.
When required to by law e.g concern about somebody being involved in radicalisation, terrorism or drugs money laundering.
Disclosures
Any disclosures made during counselling which are of concern and indicate that a Vulnerable Adult or Child is at risk of, or is currently experiencing, sexual or criminal exploitation, neglect of abuse will be reported to the local safeguarding agency. In the even that this adult or child is in imminent danger a call will also be made to the Police. I will seek your permission to do this where possible and I will always assess, in consultation with my supervisor, the effectiveness versus the impact of any disclosure made.
Recording Safeguarding Issues
Safeguarding issues will be clearly documented in the client’s note. It will indicate the action taken relating to the relevant safeguarding concern. A Reporting Concern Form will be completed and retained with the client’s notes. All Reports should be followed up and feedback from the Safeguarding Agency to whom the report was made noted. If this is not received within a reasonable timescale a repeat call should be made.