Safeguarding Vulnerable Adults and Children: Guidance for Tom Bucknell, Individual Cognitive Behavioral Hypnotherapist

As an individual Cognitive Behavioral Hypnotherapist, Tom Bucknell recognizes the importance of maintaining strict client confidentiality while adhering to ethical and legal obligations. This document outlines the therapist’s responsibilities and exceptions to confidentiality when it comes to safeguarding vulnerable adults and children.

Confidentiality within the Client-Therapist Relationship

Confidentiality is a cornerstone of the therapeutic relationship. Clients must feel secure that their personal information will be kept confidential. However, there may be situations where a conflict arises between the duty of confidentiality and the need to disclose information for the public interest or individual protection.

The Law

Several legal aspects govern confidentiality:

• Common Law: Courts uphold confidentiality when information is disclosed in confidence or when it’s reasonable to assume information is confidential.
• Statutory Provisions: Laws like the Data Protection Act 1998 and the Human Rights Act 1998 Article 8 reinforce confidentiality.
• Contracts: Therapists must have clear contracts with clients regarding confidentiality.

Legal rights to confidentiality can be enforced through legal orders, and breaches can result in legal action or disciplinary proceedings.

The Rights of the Client

At the beginning of therapy, it is the therapist’s responsibility to explain confidentiality to the client. Clients have the right to:

• Understand the extent and limitations of confidentiality.
• Be informed about circumstances where the therapist may need to breach confidentiality.
• Have a clear therapeutic contract with terms they comprehend.
• Know who will access and maintain their records and for what purposes.
• Be aware of situations when the therapist may have to breach confidentiality.

Duties of the Therapist – Exceptions to Confidentiality

Exceptions to confidentiality include:

• Crime: Therapists are not legally bound to confidentiality about a crime, especially if disclosure could prevent or detect a crime.
• Prevention of Serious Harm: Therapists have a duty to disclose information if it can prevent serious harm to the client or others.
• Statutory Obligations: Laws like the Terrorism Act 2000 may require therapists to disclose information.
• Court Orders: Courts can order therapists to disclose information, and refusal may constitute contempt of court.
• Requirements to Produce Records: In family courts, personal medical reports may be ordered for child protection cases.
• Disclosures for Quality of Service: Discussing cases in supervision, training, and research, while technically breaching confidentiality, is essential for enhancing service quality.
• Child Protection: Therapists working with children have statutory duties to cooperate with local authorities in child protection cases.
• Clients at Risk of Harm: Therapists should have explicit agreements with clients regarding potential breaches of confidentiality for suicidal clients.

In all cases, therapists should consider the client’s mental capacity, seek explicit informed consent whenever possible, and document agreements in writing to ensure legal protection.

Maintaining open communication with supervisors and professional organizations is vital when facing confidentiality dilemmas, ensuring that ethical standards are upheld while safeguarding vulnerable individuals.