Lecture 9 ethical decision making Law for Counsellors

1. Lecture 9 Ethical Decision Making
Law for Counsellors
Kevin Standish

2. Learning outcomes
• To articulate a model of ethical decision making that
counsellors can use in thinking through challenges they
meet in their practice
• To base action that counsellors take, to be ethically
justifiable to clients, the profession and society in general.

3. This lecture is based on

5. Towards ethical practice in counselling
and psychotherapy
• moral principles that govern a person's behaviour or the conducting of an
activity
• Ethics has been defined as ‘the science of morals’ and ‘is concerned with
human character and conduct’ (Chambers, 1993).
• When faced with challenges or dilemmas, practitioners need to make
decisions and take actions based on their professional obligation to
provide adequate care and attention to clients.
• Practitioners will encounter a wide range of ethical concerns in the course
of their professional life.
• Ethical mindfulness requires practitioners to identify their own
contextually appropriate standards and to decide what decisions and
actions to take
• Responses should be both considered and managed

6. What are ethical decision-making
models?
• Support and guidance should be drawn from one’s theoretical orientations,
and the ethical framework for good practice
• The model is a clear, rational framework through which effective decision-making
can occur. The models draw on core principles and values held
central to most helping professions
• While the BACP Ethical Framework outlines the ethical values, principles
and personal qualities that represent and promote good quality practice,
……
• it is the responsibility of the counsellor to understand how these apply.
• The type of decision-making model that might help to address personal and
professional matters is one that offers a multidimensional approach to
dealing with the complex, diverse and conflicting aspects of human
experience that are encountered in therapeutic work.

7. Identifying and dealing with ethical
challenges and dilemmas
• Counsellors will inevitably meet ethical dilemmas in their counselling
work, which might be small and subtle, or large and obvious.
• An ethical dilemma is regarded as a state of uncertainty or perplexity,
especially requiring a choice between two equally unfavourable or
favourable options, where a choice must be made.
• “What if” questions is one way of identifying ethical dilemmas in
advance.
• For example, consider questions such as:
What if...my client decides they want to commit suicide and refuses to
give me permission to break confidence?
What if...my client wants me to hug her/him?

8. A 10 step process model for
ethical decision-making
2. Construct
a description
1. Stop, think and
identify the
situation or
problem
3. Whose
problem is
it?
4. Review in
terms of the
Ethical
Framework
5. Consider
legal
requirements,
moral
principles and
values
6. Identify
the support
that is
available
7. Identify
courses of
action
10. Regularly
check the
personal
impact of these
9. Evaluate the
outcome (with
the use of
supervision )
8. Select
course of
action
events

9. A 10 step process model for ethical
decision-making
1. Stop, think and identify the situation or problem
2. Construct a description
3. Whose problem is it?
4. Review in terms of the Ethical Framework
5. Consider legal,moral principles and values
6. Identify the support that is available
7. Identify courses of action
8. Select course of action
9. Evaluate the outcome (with the use of supervision
where appropriate)
10. Regularly check the personal impact of these
events

10. 1. Stop, think and identify the situation or
problem
Stop, think, consider the facts and identify any feelings
and initial thoughts about the situation.
Check whether it is capable of resolution.
It may be helpful to discuss this stage with a supervisor or
experienced colleague.
Address the issue directly with the client where possible first

11. 2. Construct a description
• This important initial step helps to clarify the situation and
minimise confusion.
• It is especially helpful to have formulated an outline of the
situation before discussing it with a supervisor or
experienced colleague.
• Essentially, this step of the process model identifies the
contextual features of the issue or dilemma.
• For example, are there unique cultural, race, sexual
identity, or other contextual features involved in the
situation?

12. 3. Whose problem is it?
The counsellor? ; The client? A joint problem? An agency/organisation problem?
Personal, professional and organisational features can all come into play and thus
need to be considered in any decision-making processes. This step considers the
‘players’ involved and seeks to identify some of the relational features.
• Where there are complex relational features, consider questions such as:
• Who is involved in the situation?
• Who are the main players and stakeholders?
• What personal and/or professional issues do they bring to the situation?
• What values, assumptions, attitudes are/appear to be prevailing?
• What are the individual’s roles / responsibilities / obligations / expectations?
• Are there any relevant contractual or legal matters underlying this conflict?
• How might these help/hinder the situation?
• What are the individuals’ perceptions of the situation?
• Might there be any unspoken or hidden motives?
• What are the main points of tension, conflict or paradox?

13. 4. Review in terms of the Ethical
Framework and Legal requirements
• Consider all relevant sources of guidance including: The BACP
Ethical Framework; appropriate Information Sheets and Guidelines
for Good Practice; relevant legislation and literature.
Consider, if appropriate:
• What actions are prohibited/required according to professional ethics
and practice guidance?
• What actions are prohibited/required by law?
• What actions are required in this working context?
• Reflect on these and also consult with a supervisor or practice
consultant
• Identify any possible conflicts between ethical principles and the law
and take advice on these

14. 5. Consider moral principles and values
• Moral principles provide a way of evaluating the
critical relationship, context and stakeholder
dimensions of a given ethical and professional
issue or dilemma.
• Moral principles and values can compete or
conflict and reaching a decision on an ethical or
professional issue can demand considerable
courage and commitment on the part of the
practitioner.
• It is important that the practitioner can clearly
account for any decisions reached and actions
taken.
• Ultimately, the practitioner has to live with their
decisions and actions and deal with any
associated personal or professional consequences

15. 6. Identify the support that is available
• Identify who is available to offer support, guidance or other
types of help (for example, supervisor/ supervisory
consultant, colleagues, mentor etc);
• think about any other resources that can be drawn upon
(e.g. the BACP Ethical Helpline).

16. 7. Identify courses of action
• Consider as wide a range of
options as possible;
• these can be reviewed,
reformulated or discarded as
appropriate.
• Depending on circumstances,
this step will be carried out with
the input, support and
cooperation of the
client/supervisor/experienced
therapist colleague.
• Consider the impact and likely
consequences of each action
identified.
USE THE PROBLEM SOLVING
APPROACH TO IDENTIFY THESE

17. 8. Select course of action
Given the Contextual and relational features; Ethical and moral dimensions;
Available literature; Review of the situation with supervisor(s) and therapy
colleagues consider the following:
• What is the best, most appropriate course of action on this occasion?
• What are the likely consequences of action or inaction in the short, medium
and long term?
• Consider what advice and guidance might be needed to help make a
decision, and from whom.
• You need to have: 1. Justification: how would decisions be accounted for
and
2. Universality: would a chosen course of action be
recommended to others?
Would the chosen actions be followed /condoned
if a colleague were to follow the same course?

18. 9. Evaluate the outcome (with the use
of supervision where appropriate
When reviewing and assessing the outcome of decisions and
actions, consider the following:
• Was the outcome as imagined or hoped for, or expected?
• Had all relevant factors been considered with the result that no
new, or surprising, factors emerged?
• Would the same course of action be taken in the future?
• Feedback should be sought from a supervisor and colleagues
asking them to suggest what, if anything, might have been done
differently
• If the answer to any of these is unfavourable, consider what
could be done differently should the situation arise again.

19. 10. Regularly check the personal impact
of these events
• Throughout the decision-making process
practitioners should remember to check out from
time to time how the situation is affecting them.
• Check out whether the situation has identified any
skills or knowledge areas that need to be developed
• Depending on the impact of the situation, it might
be useful to consider personal therapy

20. 2. State the options
1. Stop, think and
identify the situation or
problem
3. Review in terms of
the Ethical
Framework
5. Implement the 4. Make a decision
decision
Summary chart
6. Evaluate the
outcome.

21. Reflect and learn: Personally and
Professionally

22. Conclusion
• The ideas presented here are neither radical nor daunting –
they simply invite and encourage practitioners to mobilise
and develop their capacity for good quality work and to
place client protection at the centre of helping
relationships
• The Framework constitutes a reflexive and pragmatic
approach to dealing with ethical and moral issues.
• This approach can help to contain some of the chaos and
conflict that can be present in problematic situations.
• Clearly, the more complex the ethical issue, the greater the
need for supervisory or consultative support.

23. Useful reading on EBSCO

24. Core reading
Bond, T. (2010):
• chapter 15 ethical problem solving
• chapter 16 implications for practice
BACP P4 Information sheet