Professional Conduct notice / JW

March 2024: Joel White, Reference No: 00949521 Registrant ID:386137

Outcome Details

This outcome was reached by agreement.

Reasons

Joel White (the Member), a former BACP individual member, agrees to the following outcome of the investigation into a complaint of professional misconduct under reference PCP/[…].

1. Background

1.1 The Member became a BACP member on […].

1.2 The Member resigned his membership on […].

1.3 The Complainant, […], who had been a client of the Member, made a complaint to BACP about the Member and their professional conduct.

1.4 On 6 November Year 1, the IAC referred the Member to a Disciplinary Proceedings Track hearing in relation to the following allegations:

Allegation 1

1.1 The former Member failed to maintain appropriate professional and or personal boundaries with the client/former client in that while providing therapeutic services to the client and/or after having provided therapeutic serves to the former client he:

(a) met the client/former client socially and/or

(b) made inappropriate disclosures about himself to the client/former client

1.2 The former Member thereby failed to meet professional standards, including in particular by acting in a way which was inconsistent with paragraphs 33(a), 33(b) and 48 of ‘Good Practice’ in the Ethical Framework for the Counselling Professions 2018 which state:

33: We will establish and maintain appropriate professional and personal boundaries in our relationships with clients ensuring that:

(a) these boundaries are consistent with the aims of working together and beneficial to the client

(b) any dual or multiple relationships will be avoided where the risks of harm to the client outweigh any benefits to the client.

48: We will avoid any actions that will bring our profession into disrepute.

1.3 Allegation 1.1 (a) and/or (b) amount to Professional Misconduct as defined in the Professional Conduct Procedure.

Allegation 2

2.1 The former Member had a sexual relationship with the client/former client.

2.2 The Member thereby failed to meet professional standards, including in particular by acting in a way which was inconsistent with paragraphs 34, 37(b), 37(c) and 48 of ‘Good Practice’ in the Ethical Framework for the Counselling Professions 2018 which state:

34: We will not have sexual relationships with or behave sexually towards our clients, supervisees or trainees

37: We will avoid continuing or resuming any relationships with former clients that could harm the client or damage any benefits from the therapeutic work undertaken. We recognise that conflicts of interest and issues of power or dependence may continue after our working relationship with a client, supervisee or trainee has formally ended. Therefore:

a. We will exercise caution before entering into personal relationships with former clients

b. We will avoid sexual or intimate relationships with former clients or people close to them. Exceptionally, such a relationship will only be permissible following careful consideration in supervision and, whenever possible, following discussion with experienced colleagues or others concerned about the integrity of the counselling professions, when:

• enough time has elapsed or the circumstances of the people concerned have sufficiently changed to establish a distinction between the former and proposed new relationship

• any therapeutic dynamics from the former relationship have been sufficiently resolved to enable beginning a different type of relationship. (This may not be possible with some clients or inappropriate to some therapeutic ways of working.)

• an equivalent service to the one provided by the practitioner is available to the former client, should this be wanted in future

• the practitioner has taken demonstrable care in ensuring that the new relationship has integrity and is

c. We will be professionally accountable if the relationship becomes detrimental to the former client or damages the standing of the profession.

48: We will avoid any actions that will bring our profession into disrepute

2.3 Allegation 2.1 amounts to Professional Misconduct as defined in the Professional Conduct Procedure.

2. Admissions

2.2 The Member makes the following admissions which the BACP accepts:
2.2.1 That the events described in allegations 1 and 2 took place.
2.2.2 That he failed to maintain professional boundaries with the Complainant.
2.2.3 That he entered into a sexual relationship with the Complainant.
2.2.4 That his conduct was a breach of the Ethical Framework for the Counselling Professions 2018 as alleged.

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:

3.1.1 He fully accepts responsibility for his actions and has expressed remorse.
3.1.2 He ceased contact with the Complainant and arranged for alternative mental health and wellbeing support for her.
3.1.3 He has demonstrated insight into his conduct and the causes of it.
3.1.4 He has reflected on his conduct and expressed willingness to learn from these events.
3.1.5 He has shown insight into the impact on the Complainant.
3.1.6 He has undergone personal therapy.

4. Conclusion

4.1 The issues identified and admitted by the former Member amounted to breaches of the Ethical Framework in particular paragraphs 33, 34, 37 and 48 of the Ethical Framework for the Counselling Professions 2018:

33: We will establish and maintain appropriate professional and personal boundaries in our relationships with clients ensuring that:

(a) these boundaries are consistent with the aims of working together and beneficial to the client

(b) any dual or multiple relationships will be avoided where the risks of harm to the client outweigh any benefits to the client

34: We will not have sexual relationships with or behave sexually towards our clients, supervisees or trainees

a. We will exercise caution before entering into personal relationships with former clients

• enough time has elapsed or the circumstances of the people concerned have sufficiently changed to establish a distinction between the former and proposed new relationship
• any therapeutic dynamics from the former relationship have been sufficiently resolved to enable beginning a different type of relationship. (This may not be possible with some clients or inappropriate to some therapeutic ways of working.)

• an equivalent service to the one provided by the practitioner is available to the former client, should this be wanted in future

• the practitioner has taken demonstrable care in ensuring that the new relationship has integrity and is

c. We will be professionally accountable if the relationship becomes detrimental to the former client or damages the standing of the profession.

48: We will avoid any actions that will bring our profession into disrepute

4.2 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 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 The IAC took into account its powers under clause 5.12 of the BACP Professional Conduct Procedure 2018 and the BACP guidance in Protocol 14 (Sanctions). While the IAC was pleased to see the significant change in the Member’s response to the complaint since his initial response, it nevertheless agreed that his conduct was so serious that only withdrawal of membership was adequate to address public protection and maintenance of the reputation of the BACP and counselling professions.

4.4 Accordingly, the IAC decided that, if the Member were still a member of the BACP, it would have withdrawn his membership.

4.5 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.

4.6 The Member agrees that he will not act in any way inconsistent with this agreement such as, for example, by denying the admissions in paragraph 2 above.

4.7 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. The decision of the sanction panel may be published.

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