Analysis of Legal and Ethical Issues in Counselling: A Case Study

This report examines the significant impacts of law and ethical frameworks on counselling practices, focusing on the British Association for Counselling and Psychotherapy (BACP) code of ethics and relevant legislation such as the Equality Act 2010. It analyzes how legal considerations, including the law of tort, confidentiality, and contract law, influence counselling services, particularly in cases involving same-sex couples. The report highlights a case study of a relationship counsellor, John Smith, who refused to treat a same-sex couple due to personal beliefs, leading to discussions on ethical violations, breach of confidentiality, and discrimination. It further explores the implications of these legal and ethical aspects on counselling practices, emphasizing the importance of adhering to professional standards, respecting client rights, and ensuring accountability and candour within the therapeutic relationship. The report concludes by summarizing the legal and ethical obligations of counsellors and the potential consequences of non-compliance.

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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
1 Impacts of law on counselling in regards with an ethical framework and the laws............1
2. Application of main principles of key legislations.............................................................2
3. Identify legal issues in relation with practice situation as it impacts on practitioners.......5
4. Implication of the updated knowledge on ethical and legal aspects regrading counselling to
case study................................................................................................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
Ethical consideration in forming or developing a legal environment will have effective
impacts over designing the legislative culture in the nation. Ethics are basically funnelling agent
which were based on delivering several principles and concepts regarding any practice. In the
present assessment, there will be discussion on code of ethics and relevant principles regarding
counselling and protractions on psychotherapy. Set of standards will help in deciding the legal
solutions to issues.
Report highlights case study based on counselling services for couples on the basis of
various issues like families, individual, young people, and sex therapy, mediation, and training
courses. Therefore, the motive is for analysing issues and suggestive decisions will be made as
per suggesting legal solutions. John Smith has been working as a relationship counsellor in a
local charity and has faced many cases where he refused to treat same sex couple as he supports
heterosexual couples.
1 Impacts of law on counselling in regards with an ethical framework and the laws
Implicating impacts of laws and ethical influences as per delivering suitable operational
practices among a client of business. Considering of British Association for Counselling
Psychotherapy (BACP) code of ethics as well as various agencies which own procedures and
policies have counsellor contracts with their clients. Treatment will require legal consideration
which influences that contracting is necessary (Counselling and the Law, 2018). It helps in
allowing clients to completely demonstrate treatment and offers made by counsellors. Terms and
conditions must be completely accepted and analysed by all the parties involved in the activities
with proper confidentiality (Andrews and Parsons, 2018). Moreover, it will be a helpful tool
which helps client in determining all offers and activities in exact manner.
In relation with analysing the legal framework of BACP, it can be said that they are
practising for freely delivering their the best counselling services through qualified practitioners.
Counselling professionals acts for client's desired goals. Commitment of professional implied
with serious ethical influences in their daily work practices. It helps in improving trustworthiness
among clients on the basis of treatment awarded by the practitioners to improve their conditions.
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Terms and conditions which are implied with the operational practices of the counsellors such as:
 Client first: Putting the client or individual on first stage as per analysing their wants and
needs. Therefore, it determined here that they treat client on a primary concern while
treating them for the best operational practices.
 Professional standards: Implication of professionals’ standards such as performing
within competence, improving knowledge and skills and developing an effective
collaboration with co-workers. For sustainable quality of work practices there will be
appropriate collaboration which brings the appropriate treatment and practices in treating
clients (Burton, 2014). On the other side, it also complies with keeping appropriate and
proper records with proper confidentiality.
 Respect: Considering the respect factor which in turn will be helpful and adequate as per
treating the individual as well as making effective care to each person taking counselling
services (Gibson, 2015). It includes protection to client with keeping confidentiality in
their records and agreeing them as per coordinate with collaborative practices with them.
It supports effective control over the treatment awarded to them and they will corporate
with a practitioner as well as make self-efforts in terms of improving health condition.
 Relationship with clients: BACP aims at making effective relationship with their clients
which in turn is helpful for developing the best communication which complies with
rights to consumers. There has been determination of various costs and charges implied
with the treatment procedure which in turn will be helpful and adequate as per giving the
satisfactory treatment to clients. Considering safety and human rights while treating t
them as there are no allowances to any kind of abusiveness (Brook and et.al., 2014).
Therefore, it complies with how clients are experiencing the things and working together
with practitioners in defeating the mental health challenges.
 Integrity: Consideration of proper legal terms such as honesty, qualification, accuracy,
working methods and experiences etc. which will be count for managing integrity. It
influences in making suitable practices for the long run operational practices as well as
favourable treatment awarded to clients (Davies, 2017).
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 Accountability and candour: Effectively analysing the risks which are involved within
treating the clients as per their desired outcomes as well as meeting the confidentiality of
personal detail of clients. In relation with the case of John Smith, it can be said that he is
being enrolled in working as a relationship counsellor and had refused to treat same sex
couple (Kraakman and Hansmann, 2017). The term which bounds him is the ethics he has
in catholic laws for preferring heterogeneous sex. These are the super-stations as well as
are which are against of human rights and laws.
However, considering the Equality act 2010 which states that there are various laws and rules
which in relation with supporting the sexual issues. It comprises with various sections and action
that helps in protecting client with their individual rights and sexuality. On the basis of Sexual
orientation this act has three main laws such as section 12(1) which have laws relevant with
giving the legal authority to persons of same sex (gay and Lesbian), people of opposite sex
(Heterosexual) and people with either sex (Bisexual). Thus, inn accordance with the case of John
here there has been charges and suit against him as per he had refused to bring the suitable care
and operational advantages to same sex couple. Therefore, he will be charged in consideration of
Equality Act, 2010.
2. Application of main principles of key legislations
Law of Tort-
 A tort means doing civil wrong that unfairly results in loss or harm to another .The
person who commits tort is called as tortfeasor. Tort is different from two laws– criminal
law and contract law and is dealt by the civil court.
 In the present case a civil wrong is done by John Smith. As he is relationship counsellor
also a psycho -sexual therapist and he refused to proceed with a case of same sex couple
and terminated the therapy sessions with the couple (Simons, 2017).
Elements of law of tort-
The main elements of tort are :
 Negligence, Economic torts, nuisance torts, occupiers liability, defamation, trespass and
breach of confidence.
 As for this case a tort of breach of confidentiality is committed by Mr John Smith.
 He not only refused to proceed with the same sex couple case but also proceeded to
discuss the matter with the ministers of his local church where he is member.
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 Also, he has breached the code of ethics of BACP, where it is clearly mentioned-in code
of ethics that they will put clients first but Mr John put his conciseness before the interest
of hid clients.
Actions-
The following are the defences to tort action;
Vicarious liability, Contributory negligence, Volenti non fit injuria.
In accordance with the tort law of UK a tort action can be taken for Mr John for leaving the case
in middle of the ongoing sessions of the client and also breaching the code of ethics of BACP.
Confidentiality-
Law of confidentiality is generally useful in commercial world as it recognises certain
information has to kept confidential and should be protected.
Here a breach of confidence is done so here he we can apply common law duty of
confidentiality.
There are three circumstances where making disclosure of information lawful are
 where the individual to whom the information relates has consented,
 where disclosure is in the public interest,
 where there is a legal duty to do so
But here in this case Mr John had no such circumstances yet hi revealed the information
of his clients and told the ministers of the church in which he is a member about the reason of his
non proceeding with the case because of his conscientious objection which is not a valid reason
for breaching the confidence of the clients (Confidentiality. 2017). He also breached the code of
ethics of BACP of which he is a member.
Remedies available for a breach of confidence action can be-
 damages,
 delivery up and destruction of infringing materials,
 accounts of profits
 interim injunction
In accordance with the common law duty of confidentiality a case be filled in the civil
court against Mr. John for disclosing personal information of his clients and also discussing it
with his peer members. And a remedy can be sought in form of defamation penalty and
continuing wit the proceeding of the case of same sex couple (Andrews and Parsons, 2018).
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Law of contract
Law of contract refers to agreement in two parties or more for performing service and
any product or commitment has been provided for act and it should be enforceable by law. In the
present case John Smith was relationship counselor of Couple counseling service as he got case
of same sex psychotherapy (Burton, 2014). If in any case law of contract is voided then strict
measure are taken against him. John bought conscientious objection according to Christian
beliefs with respect to heterosexuality but along with this he belongs to organization for
employment so all condition of employment was accepted by him in initial stage that is January
2000.
For confirmation John was asked for giving confirmation in context of counseling clients
of same sex for both psycho sexual therapy and relationship counseling. In the same perspective
he has to work with employment contracts of that organization he must work where issues are in
perspective of same sex. In this scenario, John smith has breached contract by not following
specific rules and giving more importance to religion (Gibson, 2015). As he did not comply with
CCS Equal opportunities and policies of Ethical professional in context of working with homo
sex couple and there activities so he was dismissed from the post for voiding contract.
Law of equality
Law of equality states different aspect as it can be easily referred as equality under law
and in the eyes of law or it can be considered as legal equality which is major principle that
every independent should be treated equally in context of law and it is subjected to similar law of
justice. In the present case it is describing about sexual orientation by John Smith. It states that
the characteristic must be protected of person of opposite sex, person of either sex and person of
same sex (Brook and et.al., 2014). It also includes discrimination of one who has specific sexual
orientation and it covers manifestations of that particular orientation. John Smith, being a
relationship counselor has rejected the couple for not performing psycho sexual therapy because
of reason of couple who are of same sex. He is performing this under beliefs of Christian but
along with this he has undersigned policy of Couple Counseling Service, charity where every
therapist has to avoid discrimination with respect to sexual orientation.
According to equality act reference to specific people for sharing characteristic for
protecting with context of people who are from same sex. As this specific couple in case belongs
to homo sex couple so they will be getting less favorable treatment than it will be an unlawful
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direct sexual orientation discrimination (Davies, 2017). While, training of John smith has always
coincidentally met with heterosexual couples so when he received that case of homo sex he
observed them for eight weeks and then raised objection. After breaching law of contract and law
of equality and not following CCS Equal Opportunities policy and Professional Ethics policy in
context of work with homo sex couple he was terminated from his reputed post.
3. Identify legal issues in relation with practice situation as it impacts on practitioners
By considering the personal motives of practitioners which are in relation with improving
the operational activities and quality of the psychotherapists. In accordance with the personal
motives as well as operational tactics of a practitioner is for supporting the quality treatment
which being awarded to clients. Personal morals and ethical influences are useful in terms of
motivating people as well as encourage them to make productive efforts (Kraakman and
Hansmann, 2017). It will be adequate and helpful as per developing the ethical environment and
bring promptness in work practices. Importance will be given to building a favourable
relationship with the clients which enables the practitioners in analysing operational activities as
well as enhances the quality of practices. Therefore, it is essentially requires to have the effective
personal quality such as:
 Care: In relation with making effective care and analysis which requires to have most
appropriate attentiveness as well as delivering the quality services among clients of
business. It brings them to be attentive towards their clients and analyse their
requirements as per making suitable operational care and demonstrate effective well
being.
 Courage: It demonstrates courage or taking risks and actions against uncertainty without
any fear of losses. Therefore, it brings the attainable efficiencies among practitioners
which emphasised over their capacity of making qualitative efforts (Kraakman and
Hansmann, 2017).
 Empathy: It ascertains a favourable medium of communicating thoughts of an individual
among other people. Positivity of this technique is that it will be very adequate and
helpful as per uplifting the operational activities as well as management of operations.
 Humility: It benefits in analysing and fetching the information relevant with the personal
ability and weaknesses. Therefore, it will be effective techniques which helps in
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analysing the issues and relevant obstacles of clients which are taking therapy from
practitioners.
 Resilience: Taking priority of the client's concern on the first stage which will be
effective and helpful as per delivering the suitable quality services to them. Therefore,
here professionals are demanded to take their personal motives and wants diminishes as
they encourage clients rights and preferences (Simons, 2017).
 Sincerity: In relation with the sincerity of the operations which confesses here the
progress which ascertains that what is professed and what had done. Therefore, it brings
the ability in terms of thinking and decision-making to make necessary improvement in
the operations.
 Diligence: It depends over the quality services delivered by the practitioners in relation
with making suitable analysis over market as well as making supportive changes in the
operations. It ascertains the motive of operations is for delivering services with
consideration of proper quality and care (Andrews and Parsons, 2018).
 Identity: Sense of creating the relationship with the clients by considering the resilience,
responsibilities as well as motivation for their better health. Therefore, these techniques
will be helpful in terms of building the suitable connection between a practitioner and
client which will be effective in terms of bringing the best quality services to them.
 Wisdom: It ascertains the adequate decision making skills which will be based on
deciding suitable solution to any issues (Burton, 2014). Therefore, here it has been
demanded through the practitioner is that they must make suitable changes in operational
practices which in turn will be effective and helpful as per analysing the situation of
client and make suitable decision and judgement to resolve their problems.
In relation with the case of John Smith it can be said that the practitioner did not consider
to care about the same sex couple as he ignores the ethical framework of BACP and CCS. Thus,
in relation with this he has to be punished with various charges and acts like Equality act 2010,
Human right act 1998 etc. Moreover, as per analysing the duties and responsibilities of a
partitioner is for demonstrating wants as well as delivering the suitable services and operational
practices among clients (Brook and et.al., 2014). Similarly, John has been appointed on duty on
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condition of treating each individual with effective care and equal therapy to them. There will
not be any discrepancies relevant with the sexual orientation. He had signed the contract which
was clearly in written format and that describes there will not be any discrepancies in
organisational premises.
4. Implication of the updated knowledge on ethical and legal aspects regrading counselling to
case study
Influences of various laws and acts which in turn will be helpful as per bringing the
suitable analysis over the cases and make the suitable judgement, in accordance with the human
right act 1998 which insists that each human being will be treated as per having equal
opportunities and management of various operational framework. Therefore, if a person
homosexual, bisexual as well as heterosexual they will have equal job opportunities, treatment as
well as rights to each other (Davies, 2017). The motive behind implicating such a rights is for
uplifting the legislative environment as well as improves the legal system in country.
However, as per analysing the case study of John which insists that there will be suitable
changes in the operational practices as well as assessment of suitable treatment offered by them.
Moreover, it will be suitable and satisfactory approachable which in turn will have favourable
impacts over raising the care and diligence in CCS. Section 12(1) of Equality Act, 2010 insists
that every individual will be treated equal on sexual orientation. But, here John has refused to
bring the treatment to same sex couple which is based on catholic laws and religious impacts.
Similarly, in relation with such operations they have to be treated equally and John have to make
proper analysis over such practices (Kraakman and Hansmann, 2017).
CONCLUSION
On the basis of above report it can be said that every human being is needed to be treat
equally they must be awarded with suitable care and diligence. The report is comprised with
various laws, legislation and the operational framework of practitioners in terms with dealing
with clients of organisation. There has been brief analysis over the duties and roles of
practitioners as per building suitable analysis over client's needs and wants. John has been
punished and charged against the acts such as Equality act, 2010 and Human right Act 1998.
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REFERENCES
Books and Journals
Andrews, G. and Parsons, S., 2018. Challenging judicial presumptions when equity is not
equality. The Conveyancer and Property Lawyer. 82(1). pp.8-16.
Brook, G. and et.al., 2014. 2013 UK national guideline for consultations requiring sexual history
taking. Clinical Effectiveness Group British Association for Sexual Health and HIV.
International journal of STD & AIDS. 25(6). pp.391-404.
Burton, B., 2014. Neoliberalism and the Equality Act 2010: A Missed Opportunity for Gender
Justice?. Industrial Law Journal. 43(2). pp.122-148.
Davies, M., 2017. Can you breach a patient’s confidentiality if you believe they pose a risk to
others?. BMJ. 356. p.j699.
Gibson, S., 2015. When rights are not enough: What is? Moving towards new pedagogy for
inclusive education within UK universities. International Journal of Inclusive Education.
19(8). pp.875-886.
Kraakman, R. and Hansmann, H., 2017. The end of history for corporate law. In Corporate
Governance (pp. 49-78). Gower.
Simons, K. W., 2017. Victim Fault and Victim Strict Responsibility in Anglo-American Tort
Law. Journal of Tort Law. 8(1-2). pp.29-66.
Online
Counselling and the Law. 2018. [Online]. Available through
:<https://counsellingtutor.com/professional-practice-for-counsellors/counselling-and-the-
law/>.
Confidentiality. 2017. [Online]. Available through
:<http://webarchive.nationalarchives.gov.uk/+/http://www.dh.gov.uk/en/
Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/Browsable/
DH_5803173>.
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