June 2024: SA, Reference No 00759628, Registrant ID 180806
June 2024: Sami Almutairi, Reference No 00759628, Registrant ID 180806
Outcome Details
This outcome was reached by agreement.
Reasons
Sami Almutairi (the Member), a 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 has been a BACP member since […].
1.3 The Complainant, […], a former client of the Member, made a complaint to BACP about the Member and their professional conduct.
1.4 On 22 November Year 3, the IAC referred the Member to a Disciplinary Proceedings Track hearing in relation to the following allegation:
Allegation 1
1.1 The Member failed to establish and maintain appropriate professional boundaries between himself and the Complainant and ensure against the risk of dual or multiple relationships being created that could be potentially harmful to the client and /or failed to respect the Complainant’s dignity in that in counselling sessions in August Year 1 the Member:
a) sent nude pictures of himself as well as inappropriate, and sexual, messages to the Complainant;
b) attended virtual sessions in his underwear;
c) stroked his [p…s] during the virtual sessions;
d) contacted the Complainant outside of the sessions on a dating app, having originally agreed to block him on this site.
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 which state:
12 - We will do everything we can to develop and protect our clients’ trust.
21 - We will respect our clients’ privacy and dignity
33 We will establish and maintain appropriate professional and personal boundaries in our relationships with clients by 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.
c. reasonable care is taken to separate and maintain a distinction between our personal and professional presence on social media where this could result in harmful dual relationships with clients.
d. the impact of any dual or multiple relationships will be periodically reviewed in supervision and discussed with clients when appropriate. They may also be discussed with any colleagues or managers in order to enhance the integrity of the work being undertaken.
34 - We will not have sexual relationships with or behave sexually towards our clients, supervisees or trainees
35 - We will not exploit or abuse our clients in any way: financially, emotionally, physically, sexually or spiritually
43 - We will maintain high standards of honesty and probity in all aspects of our work
48 - We will avoid any actions that will bring our profession into disrepute.
2. Admissions
2.2 The Member makes the following admissions which the BACP accepts:
2.2.1 The facts alleged above.
2.2.2 That his conduct left the Complainant feeling very distressed and uncomfortable.
2.2.3 The ethical breaches alleged above.
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 recognises they should not have happened;
3.1.2 He recognises he failed to establish appropriate professional boundaries;
3.1.3 He had experienced extreme personal circumstances that led to his fantasy about the Complainant;
3.1.4 He is seeking additional supervision, therapy and training;
3.1.5 He recognises and regrets that this was an abuse of power and trust;
3.1.6 He is ‘profoundly ashamed’ and expresses ‘profound remorse’;
3.1.7 He has changed his practice to ensure proper professional boundaries and consideration of power dynamics.
4. Conclusion
4.1 The issues identified and admitted by the member amounted to breaches of the Ethical Framework in particular paragraphs 12, 21, 33, 34, 35, 43 and 48 of the Ethical Framework for the Counselling Professions 2018:
12 - We will do everything we can to develop and protect our clients’ trust.
21 - We will respect our clients’ privacy and dignity
33 We will establish and maintain appropriate professional and personal boundaries in our relationships with clients by 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.
c. reasonable care is taken to separate and maintain a distinction between our personal and professional presence on social media where this could result in harmful dual relationships with clients.
d. the impact of any dual or multiple relationships will be periodically reviewed in supervision and discussed with clients when appropriate. They may also be discussed with any colleagues or managers in order to enhance the integrity of the work being undertaken.
34 - We will not have sexual relationships with or behave sexually towards our clients, supervisees or trainees
35 - We will not exploit or abuse our clients in any way: financially, emotionally, physically, sexually or spiritually
43 - We will maintain high standards of honesty and probity in all aspects of our work
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 have taken into account the importance of public protection and determined that it is reasonable and proportionate to conclude this case by agreement on the terms set out below.
4.3 The IAC considered the submissions and admissions contained within the Member’s application for consensual disposal, the guidance within the BACP Protocol on Sanctions (PR14), the BACP Indicative Sanctions Guidance and the powers of
sanction set out in Article 5.12 of the BACP Professional Conduct Procedure 2018. It considered each possible sanction individually and concluded that only withdrawal of membership would sufficiently address the gravity of the Member’s misconduct, and adequately protect the public, maintain confidence in the profession, promote and maintain proper professional standards and conduct for members of the BACP (and wider profession) and deter similar behaviour by other members.
4.4 The IAC decided it appropriate to withdraw the Member’s membership of BACP.
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 findings in paragraph 2 above.
(Where ellipses [ . . . ] are displayed, they indicate an omission of text)