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Chapter 8: Ethical Issues in Counselling

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CHAPTER LEARNING Chapter 1. Introduction to Counselling

OUTCOMES
When you have completed this Chapter 2. Counselling Theories - 1
chapter you will be able to:
Chapter 3. Counselling Theories - 2
 Differentiate between morals and
ethics Chapter 4. The Counselling Process - 1
 Discuss the five moral principles
 Explain the steps involve in Chapter 5. The Counselling Process - 2
ethical decision making
 Elaborate on the dimension of Chapter 6. Counselling Skills and Counsellor
confidentiality Functions
 List the characteristics of a Chapter 7. School Counselling
general code of ethical practice
Chapter 8. Ethical Issues in Counselling

Chapter 9. Group Counselling

R
RSSTT
8.0 INTRODUCTION

It should be noted that counselling CHAPTER OVERVIEW

involves a person revealing his or her
intimate and private thoughts and 8.0 Introduction
feelings to another person or group 8.1 What is Ethics?
members. Hence, the issue of ethics is of 8.2 Some General Ethical Guidelines
utmost importance. On the other hand for Counsellors
counselling is not a value-free or neutral 8.3 Moral Principles
activity but rather is a profession that  Autonomy
involves orienting an individual or  Nonmaleficence
groups of individuals towards  Beneficence
achievement of something good (Cottone  Justice
& Tarvydas; Bergin, 1995). In this  Fidelity
chapter we will discuss the issues related 8.4 Ethical Decision Making
to the ethics of counselling as well as 8.5 Summary
some legal aspects of counselling. Key Terms
Readings
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Chapter 8: Ethical Issues in Counselling

8.1 ETHICS, MORALITY AND LAW

Ethics is generally defined as a philosophical discipline that is concerned with

human conduct and moral decision making. Ethics are normative in nature and focus on
principles and standards that govern relationships between individuals, such as those
between counsellor and clients (Gladding, 2000). For any profession, ethics are usually
presented in written form. Most professions have their own code of ethics and the
counselling profession is no exception. For example, it is unethical for a counsellor to
have intimate sexual relations with his or her client. The term is often used rather loosely
to be similar to morality.
Morality, involves judgement or evaluation of action. It is associated with words
such as good, bad, right, wrong, ought and should (Grant, 1992). So, it is morally wrong
to have intimate relations with one’s client. The issue of morality comes from within the
person based on his or her religion and value system. So, morality need not be presented
in written form (except stated in most religious scriptures), but is determined by the
individual himself or herself.
Law is the precise description of governing standards that are established to
ensure legal and moral justice (Gladding, 2000). Law is created by the government and it
does not dictate what is ethical or moral in a given situation but what is legal. Sometimes
what is unethical or morally wrong in a given situation is legal. For example, the
distribution of condoms to drug addicts and HIV positive people is legal but is considered
morally wrong by some people.
In counselling it is common to encounter conflicts between the legal and the
ethical/moral issue. For example, a counsellor who refuses to give confidential
information about a client even thought ordered by the court is ethically right but is
legally wrong (if the law provides for it). Another example is the counsellor who
practices counselling techniques not covered by the law but is prohibited by the code of
practice. Here, it may be legal (because there is no provision in the law) but unethical and
morally wrong. The following are some examples of unethical behaviour in counselling:
 Violation of confidentiality
 Claiming expertise one does not have
 Imposing one’s values on a client
 Sexual activity with a client
 Negligent practice
o Using techniques that may harm the client
o Not giving due attention to client’s needs
o Not serious about attending to client’s needs

8.1
a) What is the difference between ethics, morality and law?
b) Give examples of situations in daily life where ‘it is legal but
ethical’
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Chapter 8: Ethical Issues in Counselling

8.2 SOME GENERAL ETHICAL GUIDELINES FOR COUNSELLORS

To address ethical situations, most countries have developed ethical guidelines to
regulate the counselling profession. In most cases, the institution responsible for drawing
up these guidelines is the national counselling association. They are responsible for
drawing up a set of codes and standard of practice that has been agreed upon by all
parties involved in the counselling profession. For example, the British Association for
Counselling (BAC) ensures that counsellors practice their profession according to ethical
standards of practice developed by the association. In the United States, ethical guidelines
have been published by the American Association for Counselling and Development
(AACD). In Malaysia, the Malaysian Counselling Association (Persatuan Kuanseling
Malaysia or PERKAMA) which was founded in 1980 was responsible introduced its own
code of ethics. In 1998, the Counsellors’ Act (580) was introduced which outlines
procedures for the licensing and certification of new counsellors. The Malaysian
Counsellors Advisory Council (or Lembaga Kaunselor) functions as a registrar and an
accreditation body for the licensure and certification (Suradi and Rafidah, 2005).
If one was to examine these different ethical guidelines, there are some general
principles common to the guidelines for the different countries. However, it should be
realised that although these guidelines are undoubtedly helpful, they are open to
interpretation. It is important to note that these ethical codes have been developed not
only to protect clients against abuse or malpractice, but also to protect the counselling
profession. Listed below are some general guidelines governing the practice of
counselling:

The Counselling Relationship

 Non-discrimination: Counsellors respect diversity and must not discriminate
against clients because of age, colour, culture, disability, ethnic group, gender,
race, religion, sexual orientation, marital status, or socioeconomic status.
 Disclosure to Clients: Counsellors must adequately inform clients, preferably in
writing, regarding the counselling process and counselling relationship at or
before the time it begins and throughout the relationship.
 Sexual Intimacies With Clients: Counsellors must not engage in any type of
sexual intimacies with clients and must not engage in sexual intimacies with
clients.
 Protecting Clients During Group Counselling: Counsellors must take steps to
protect clients from physical or psychological trauma resulting from interactions
during group work.
 Termination: Counsellors must assist in making appropriate arrangements for the
continuation of treatment of clients, when necessary, following the proper
procedures of termination.

Confidentiality
 Confidentiality Requirement: Counsellors must keep information related to
counselling services confidential unless disclosure is in the best interest of clients,
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is required for the welfare of others, or is required by law. When disclosure is

required, only information that is essential is revealed and the client is informed
of such disclosure.
 Confidentiality in Group Work: Counsellors must clearly inform group members
that confidentiality cannot be guaranteed in group work.
 Confidentiality of Records: Counsellors must maintain appropriate confidentiality
in creating, storing, accessing, transferring, and disposing of counselling records.
 Disclosure or Transfer of Records: Counsellors must obtain client consent to
disclose or transfer records to third parties.

Professional Responsibility
 Boundaries of Competence: Counsellors must practice only within the boundaries
of their competence.
 Continuing Education: Counsellors must engage in continuing education to
maintain their professional competence.
 Impairment of Professionals: Counsellors must refrain from offering professional
services when their personal problems or conflicts may cause harm to a client or
others.

Assessment and Interpretation

 Use of Assessment Instruments: Counsellors must perform only testing and
assessment services for which they are competent. Counsellors must not allow the
use of psychological assessment techniques by unqualified persons under their
supervision. Counsellors must use assessment instruments in the manner for
which they were intended.
 Assessment Explanations to Clients:
 Counsellors must provide explanations to clients prior to
assessment about the nature and purposes of assessment and the
specific uses of results.
 Counsellor must ensure that accurate and appropriate
interpretations accompany any release of testing and assessment
information.
 Counsellors must not base their assessment or intervention
decisions or recommendations on data or test results that are
obsolete or outdated for the current purpose.

Research and Publication

 Precautions to Avoid Injury in Research: Counsellors must avoid causing
physical, social, or psychological harm or injury to subjects in research.
 Confidentiality of Research Information: Counsellors must keep confidential
information obtained about research participants. Counsellors must not distort or
misrepresent research data, nor fabricate or intentionally bias research results.

Resolving Ethical Issues

 Ethical Behaviour Expected: Counsellors must take appropriate action when they
possess reasonable doubts of other counsellors not acting in an ethical manner.
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 Cooperation With Ethics Committees: Counsellors must cooperate with

investigations, proceedings, and requirements of the ethics committees of the
association in their country or boards having jurisdiction over those charged with
a violation.

[source: adaptation of the ACA Code of Ethics and Standards of Practice. 2005
http://www.counseling.org/Files/FD.ashx?guid=cf94c260-c96a-4c63-9f52-309547d60d0]

8.2
a .Do you think the list of ethical guidelines for the counselling
profession are adequate?
b. What other guidelines would you suggest?

8.3 MORAL PRINCIPLES

The ethical guidelines discussed earlier are based on five moral principles,
namely; autonomy, justice, beneficence, nonmaleficence, and fidelity. (Kitchener 1984).
Though you may not have come across some of these words, they are useful for a
counsellor to apply these five moral principles when addressing issues that are not clear
cut (see Figure 8.1)

AUTONOMY NONMALEFICENCE

MORAL PRINCIPLES

BENEFICENCE JUSTICE FIDELITY

Figure 8.1 Five Moral Principles by Kitchner (1984)

1. AUTONOMY is the principle that addresses the concept of independence. The

essence of this principle is allowing an individual the freedom of choice and action. It
addresses the responsibility of the counselor to encourage clients, when appropriate,
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to make their own decisions and to act on their own values. There are two important
considerations in encouraging clients to be autonomous.
 First, helping the client to understand how their decisions and their values
may or may not be received within the context of the society in which they
live, and how they may impinge on the rights of others.
 The second consideration is related to the client's ability to make sound and
rational decisions. Persons not capable of making competent choices (such as
children, and some individuals with mental handicaps), should not be allowed
to act on decisions that could harm themselves or others.

2. NONMALEFICENCE is the concept of not causing harm to others. Often explained

as "above all do no harm", this principle is considered by some to be the most critical
of all the principles (Rosenbaum, 1982). This principle reflects both the idea of not
inflicting intentional harm, and not engaging in actions that risk harming others

3. BENEFICENCE reflects the counselor's responsibility to contribute to the welfare

of the client. Simply stated it means to do good, to be proactive and also to prevent
harm when possible (Forester-Miller & Rubenstein, 1992).

4. JUSTICE does not mean treating all individuals the same. Kitchener (1984) points
out that the formal meaning of justice is "treating equals equally and unequals
unequally but in proportion to their relevant differences" (p.49). If an individual is to
be treated differently, the counselor needs to be able to offer a rationale that explains
the necessity and appropriateness of treating this individual differently.

5. FIDELITY involves the notions of loyalty, faithfulness, and honoring commitments.

Clients must be able to trust the counselor and have faith in the counselling
relationship if growth is to occur.

When exploring an ethical dilemma, you need to examine the situation and see how each
of the above principles may relate to that particular case. At times this alone will clarify
the issues enough that the means for resolving the dilemma will become obvious to you.
In more complicated cases it is helpful to be able to work through the steps of an ethical
decision making model, and to assess which of these moral principles may be in conflict.

8.1
a) What do you understand by autonomy, nonmaleficence,
beneficence, justice and fidelity?
b) How are these principle useful in deciding about making an
ethical decision in counselling?
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8.4 ETHICAL DECISION MAKING

Introduction
At some point in the practice of counselling, the counsellor will be faced with the
situation where he or she will have to apply the code of ethics of the profession. There are
not ready-made answers and professional organisations may not be much of a help.
Professional organisations only provide broad guidelines for responsible practice and not
solutions for specific cases. So, the counsellor will be left with the task of making a
decision involving some ethical issue. Determining the appropriate course to take when
faced with a difficult ethical dilemma can be a challenge. In the United States, the
American Counselling Association (ACA) in meeting this challenge has developed A
Practitioner's Guide to Ethical Decision Making. The intent of this document is to offer
professional counsellors a framework for sound ethical decision making. The guiding
principles proposed are useful to any counsellor (even in Malaysia) involved in ethical
decision making, a model that professionals can utilise as they address ethical questions
in their work.

Ethical Decision Making Model

The model proposed incorporate the works of Van Hoose and Paradise (1979), Kitchener
(1984), Stadler (1986), Haas and Malouf (1989), Forester-Miller and Rubenstein (1992),
and Sileo and Kopala (1993) into a practical, sequential, seven step, ethical decision
making model.
.
Case:
A student who has been in counselling for about a semester is arrested for
stealing a motorbike. The juvenile court has requested that the counsellor
appear in court to tell the court about the student. Are you obliged to tell
the court what your client has confided in you? What can you tell or cannot
tell the court? This may be an ethical dilemma.

1. Identify the Problem

Gather as much information as you can that will illuminate the situation. In doing so, it is
important to be as specific and objective as possible. Writing ideas on paper may help
gain clarity. Outline the facts, separating out assumptions, hypotheses, or suspicions.
There are several questions the counsellor can ask himself or herself: Is it an ethical,
legal, professional, or clinical problem? Is it a combination of more than one of these? If
it is a legal question, seek legal advice. Evaluate the rights, responsibilities and welfare of
all those involved in the situation.

2. Look up the Code of Ethics

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After you have clarified the problem, refer to the Code of

Ethics to see if the issue is addressed there. Is there an
applicable standard that you can use that will lead to a
resolution of the problem? If the problem is more complex
and a resolution does not seem apparent, then you probably
have a true ethical dilemma and need to proceed with further
steps in the ethical decision making process.

3. Determine the Nature and Dimensions of the Dilemma

There are several avenues to follow in order to ensure that you have examined the
problem in all its various dimensions. Consider the moral principles of autonomy,
nonmaleficence, beneficence, justice, and fidelity [which we have discussed earlier].
Decide which principles apply to the specific situation, and determine which principle
takes priority for you in this case. In theory, each principle is of equal value, which
means that it is your challenge to determine the priorities when two or more of them are
in conflict.
 Review the relevant professional literature to ensure that you are using the most
current professional thinking in reaching a decision.
 Consult with experienced professional colleagues. As they review with you the
information you have gathered, they may see other issues that are relevant or
provide a perspective you have not considered. They may also be able to identify
aspects of the dilemma that you are not viewing objectively.
 Consult your national professional association (e.g. PERKAMA) to see if they
can provide help with the dilemma.

4. Generate potential courses of action

Brainstorm as many possible courses of action as possible. Be creative and consider all
options. If possible, enlist the assistance of at least one colleague to help you generate
options.

5. Consider the potential consequences of all options and determine a course of action
Considering the information you have gathered and the priorities you have set, evaluate
each option and assess the potential consequences for all the parties involved. Ponder the
implications of each course of action for the client, for others who will be affected, and
for yourself as a counsellor. Eliminate the options that clearly do not give the desired
results or cause even more problematic consequences. Review the remaining options to
determine which option or combination of options best fits the situation and addresses the
priorities you have identified.

6. Evaluate the Selected Course of Action

Review the selected course of action to see if it presents any new ethical considerations.
Stadler (1986) suggests applying three simple tests to the selected course of action to
ensure that it is appropriate.
 In applying the test of justice, assess your own sense of fairness by determining
whether you would treat others the same in this situation.
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 For the test of publicity, ask yourself whether you would want your behaviour
reported in the press.
 The test of universality asks you to assess whether you could recommend the
same course of action to another counsellor in the same situation.
If you can answer in the affirmative to each of the questions suggested by Stadler (thus
passing the tests of justice, publicity, and universality) and you
are satisfied that you have selected an appropriate course of
action, then you are ready to move on to implementation.

7. Implement the Course of Action

Taking the appropriate action in an ethical dilemma is often
difficult. The final step involves strengthening your ego to allow
you to carry out your plan. After implementing your course of
action, it is good practice to follow up on the situation to assess
whether your actions had the anticipated effect and
consequences.
It is important to realise that different professionals may
implement different courses of action in the same situation. There is rarely one right
answer to a complex ethical dilemma. However, if you follow a systematic model, you
can be assured that you will be able to give a professional explanation for the course of
action you chose. Van Hoose and Paradise (1979) suggest that a counselor "is probably
acting in an ethically responsible way concerning a client if
(1) he or she has maintained personal and professional honesty, coupled with
(2) the best interests of the client,
(3) without malice or personal gain, and
(4) can justify his or her actions as the best judgment of what should be done
based upon the current state of the profession" (p.58). Following this model will help to
ensure that all four of these conditions have been met.

8.5 DIMENSIONS OF CONFIDENTIALITY

Confidentiality is central to the counselling process. No counselling session can

take place unless clients trust in the privacy of the relationship with the counsellor.
Counsellors have an ethical responsibility to discuss the nature and purpose of
confidentiality with their clients early in the counselling process. Clients have a right to
know that their counsellor may be discussing certain details of the relationship with
school authorities or colleagues.
Although most counsellors agree on the essential value of confidentiality, they
realise that it cannot be considered an absolute. There are times when confidential
information must be divulged, and there are many instances in which whether to keep or
to break confidentiality becomes a cloudy issue. In general, confidentiality must be broke
when it becomes clear that clients might do serious harm to either themselves or others
(Corey, 2005). For example, there is legal requirement to break confidentiality in cases
involving child abuse. The counsellor after hearing a student tells about the fact she is
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being sexually abused in the home, may have to break confidentiality to protect the client
from further harm. The following are circumstances in which counsellors may break
confidentiality:
 When the counsellor believes that a client (a student) is the victim of incest,
rape, child abuse or some other crime
 When the counsellor determines that the client needs hospitalisation
 When the information is made an issue in a court action
 When clients request that their records be realised to themselves or a third party.

In general, however, it is a counsellor’s primary obligation to protect client information

as a vital part of the counselling relationship. When assuring clients that what they reveal
in sessions will generally be kept confidential, counsellors should also tell them of any
limitations on confidentiality. This practice does not necessarily inhibit successful
counselling.

8.6 SUMMARY

 Ethics are normative in nature and focus on principles and standards that
govern relationships between individuals, such as those between counsellor
and clients.
 Morality, involves judgement or evaluation of action. It is associated with
words such as good, bad, right, wrong, ought and should.
 Law is the precise description of governing standards that are established to
ensure legal and moral justice.
 Most countries have developed ethical guidelines to regulate the counselling
profession. In most cases, the institution responsible for drawing up these
guidelines is the national counselling association.
 Some general guidelines governing the practice of counselling:
o The counselling relationship
o Confidentiality
o Professional responsibility
o Assessment and interpretation
o Research and publication
o Resolving ethical issues
 At some point in the practice of counselling, the counsellor will be faced with
the situation where he or she will have to apply the code of ethics of the
profession.
 Ethical Decision Making Model: It offers professional counsellors a
framework for sound ethical decision making.
 Confidentiality is central to the counselling process. No counselling session
can take place unless clients trust in the privacy of the relationship with the
counsellor.
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 There are times when confidential information must be divulged, and there are
many instances in which whether to keep or to break confidentiality becomes
a cloudy issue.

Ethics selling Code of ethics for counsellors

Morality Moral principles
Law / Legal Ethical decision making
 Autonomy Dimension of confidentiality
Nonmaleficence Justice
Fidelity PERKAMA

READINGS

Code of Ethics. American Counselling Association (ACA)

http://www.counseling.org/Files/FD.ashx?guid=cf94c260-c96a-4c63-9f52-309547d60d0f

Layperson’s Guide to Code of History

http://www.counseling.org/Files/FD.ashx?guid=606b5973-315c-4118-8b2c-
2fbfd8194f82