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4 Ethics in Counselling
Ethics are guidelines that are based on the basic principles of the counsellor/ practitioner code
of ethics. Corey (1996) briefly outlines five principles in which therapeutic boundaries are
based upon:
1. Beneficence
Beneficence is the cornerstone of ethical counseling practice, emphasizing the counselor's
obligation to act in the best interest of the client. This principle involves actively promoting
the client's well-being, helping them achieve positive outcomes, and fostering personal
growth. Counselors demonstrate beneficence by designing interventions tailored to the
client’s unique needs and encouraging resilience and strengths. For instance, a counselor
working with a client suffering from low self-esteem might focus on helping them identify
and embrace their strengths, thereby enhancing their confidence and overall quality of life.
Beneficence also requires counselors to continually enhance their professional skills and
knowledge, ensuring that the services they provide are both effective and evidence-based.
Ultimately, this principle highlights the proactive responsibility of the counselor to contribute
meaningfully to the client’s progress.
2. Nonmaleficence
The principle of nonmaleficence obliges counselors to avoid causing harm to their clients,
either intentionally or inadvertently. This includes physical, emotional, or psychological
harm, as well as situations that may lead to conflicts of interest. Counselors must be vigilant
about maintaining clear professional boundaries and recognizing the potential impact of their
actions, biases, or emotional state on the client. For example, a counselor refrains from
pushing personal beliefs onto a client or engaging in dual relationships that could
compromise the therapeutic process. Additionally, counselors should reflect on their
competence and seek supervision or refer clients to other professionals if they believe they
cannot provide adequate care. By prioritizing nonmaleficence, counselors ensure a safe and
supportive environment for their clients.
3. Autonomy
Autonomy respects the client’s right to self-determination and emphasizes the importance of
fostering independent thinking and decision-making. Counselors play a crucial role in
empowering clients to take control of their lives rather than becoming reliant on the
therapeutic relationship. This involves encouraging clients to explore their thoughts and
feelings, weigh their options, and make choices that align with their values and goals. For
example, a counselor may guide a client through a process of self-reflection to decide on a
career path without dictating what the client should do. By promoting autonomy, counselors
help clients build confidence in their ability to navigate challenges and take ownership of
their personal growth.
4. Justice
Justice underscores the commitment to providing equitable and fair treatment to all clients,
regardless of their background, identity, or circumstances. Counselors are ethically bound to
offer the same level of care and dedication to every client, whether they are from a
marginalized community or a privileged background. This principle also requires counselors
to address systemic barriers that clients may face and to integrate cultural competence into
their practice. For example, a counselor working with a client from a minority group would
strive to understand and respect their cultural values and experiences. Justice ensures that
counseling services are inclusive, accessible, and non-discriminatory, fostering a sense of
trust and fairness in the therapeutic relationship.
5. Fidelity
Fidelity emphasizes the importance of being trustworthy, honest, and loyal to the client’s
well-being. Counselors demonstrate fidelity by maintaining transparency in their roles,
clearly explaining confidentiality limits, and following through on commitments made during
therapy. For instance, if a counselor promises to provide resources or referrals, they must
ensure these are delivered in a timely and reliable manner. Fidelity also involves being
consistent in behavior and actions, which helps build a strong foundation of trust with the
client. By honoring their professional commitments and maintaining integrity, counselors
create a safe space where clients feel valued, respected, and supported in their journey toward
growth.
By integrating these ethical principles into their practice, counselors establish a foundation
for trust, fairness, and positive therapeutic outcomes, ensuring the client’s best interests are
always at the forefront.
Contracting a Client
The confusion caused by boundaries is best described by Corey (1996) as a continuum,
ranging from disengagement (rigid, inflexible boundaries/guidelines) to enmeshment
(flexibility to the point of diffusement) with a large grey area in between that is notoriously
ambiguous and dependent upon the therapist, the situation and the client's changing needs
and circumstances.
When starting a counseling relationship, it is crucial to establish clear expectations through
contracting, which includes defining rights, responsibilities, and the commitment to the
therapeutic relationship. A contract outlines specific obligations, such as the counselor's duty
to maintain confidentiality and the client’s responsibility to engage in the process. A
covenant, on the other hand, represents a deeper commitment to fostering trust and mutual
respect within the relationship. Boundaries are central to maintaining professionalism, and
they exist on a spectrum. At one end, disengagement involves overly rigid boundaries, which
can make the relationship feel cold and distant. At the other end, enmeshment represents
boundaries that are so loose they blur the professional line, making the roles of the counselor
and client unclear. The ideal balance lies in the middle, tailored to the client’s needs and the
situation. However, certain behaviors, like hugging clients unnecessarily, expressing
uncontrolled emotions, or visiting clients’ homes casually, cross professional boundaries and
are inappropriate. Ambiguity around boundaries can sometimes arise, but counselors must
strictly adhere to their responsibilities, particularly regarding confidentiality. Clients have the
right to informed consent, meaning they must understand the limits of confidentiality, such as
when disclosure is required to prevent harm. By setting clear boundaries and communicating
key responsibilities, counselors create a safe, respectful, and professional space for effective
therapy.
Framework of a contract
A counseling contract serves as a foundational framework to establish the rules and
expectations for the therapeutic relationship. It typically begins by outlining the duration
and frequency of sessions, specifying how long each session will last and how often they
will occur, ensuring consistency and clarity for both parties. The contract also addresses
keeping and canceling sessions, including the process for rescheduling and any required
notice period for cancellations, which helps maintain accountability and respect for time.
Provisions about phone calls or contact outside appointment times are included, setting
boundaries for when and how the counselor can be contacted for urgent matters or additional
support.
The client’s rights are also safeguarded, such as their access to records, explaining the
process and limits for reviewing their personal information. Payment procedures are
detailed, covering fees, methods of payment, and any policies regarding late payments or
missed appointments. Additionally, the contract outlines expected outcomes of therapy,
helping the client understand the goals and potential benefits of the process, alongside the
treatment strategies that will be employed, such as specific therapeutic approaches or
interventions.
The counselor’s qualifications are included to establish trust and credibility, as well as a
commitment to adhere to a Code of Ethics, ensuring professional conduct throughout the
relationship. A critical component of the contract is informed consent, where the client must
demonstrate the capacity to make a rational decision, fully comprehend the information
provided, and agree to the terms voluntarily. By addressing these elements, the counseling
contract provides a clear, ethical, and structured agreement that promotes trust and
collaboration in the therapeutic journey.
Confidentiality and waving issues
Confidentiality is a cornerstone of the counseling relationship, ensuring that clients feel safe
to share their thoughts and emotions without fear of exposure. However, there are exceptions
where confidentiality may need to be breached to protect the client, others, or the public. One
such instance is when the counselor has a belief that physical harm is likely, whether the
client poses a risk to themselves, such as suicidal ideation, or to others, such as in cases of
potential violence. Similarly, if there is a legitimate concern for public danger, such as a
client expressing intentions to harm a group or commit an act of terrorism, confidentiality
must be waived to prevent harm.
Certain circumstances may also require counselors to provide reports to employers,
particularly in workplace counseling or employee assistance programs, though this is often
limited to general observations and only with the client's prior knowledge. Confidentiality
can also be waived in response to legal obligations, such as providing evidence in court
cases when subpoenaed or required by law. Additionally, illegal actions that involve serious
criminal offenses, especially those involving vulnerable populations, may necessitate
disclosure to authorities. Finally, mental health issues that impair the client’s ability to
function or create a risk to their safety or others might require intervention that involves
sharing information with relevant parties.
In all these scenarios, counselors must strive to act ethically, limit the disclosure to only
necessary information, and, whenever possible, inform the client of the need to breach
confidentiality to maintain transparency and trust.
Keeping of Records
Confidentiality extends to records. Counsellors have an ethical duty to secure their records in
a safe place with restricted access. Additional security measures which some take include:
The use of codes, numbers, fictitious names to keep notes from identifying the client. A split
records system, i.e. one system of cards with names and addresses a second system with
clinical information and coding system which cross references both. Personal journal You
should only record your observations e.g. “the client stated” my ‘observations are’, you never
name a third person in your notes. Keep your comments general as you can without making a
diagnosis.
Client Notes
Maintaining detailed and accurate client notes is an essential aspect of professional
counseling practice, ensuring accountability, continuity of care, and adherence to ethical
standards. Client notes typically begin with the counseling contract, which outlines the
terms and expectations of the therapeutic relationship, providing a clear foundation for both
the counselor and the client. This is accompanied by the client’s written and signed consent
to all treatment, which confirms their understanding and agreement to the therapeutic
process, including specific interventions or methods that will be used. Additionally,
counselors must obtain written and signed consent to the passing of confidential
information, ensuring that clients are aware of and agree to any sharing of their personal
information, such as for referrals or collaboration with other professionals.
Records should also document all appointments, including details of missed or canceled
sessions, to track the client’s attendance and engagement in therapy. If treatment contracts
are used, these should be included as they specify particular agreements about goals,
responsibilities, or expectations during therapy. Any consultations with third parties—such
as supervisors, colleagues, or other professionals involved in the client’s care—should also be
noted, with the details of the consultation and the purpose for disclosure clearly recorded.
Lastly, copies of correspondence, whether from the client or related to work with the client
(e.g., emails, letters, or notes), must be retained to ensure a complete and transparent record
of communication.
These notes serve multiple purposes: they provide a structured overview of the therapeutic
process, ensure compliance with legal and ethical obligations, and support the counselor in
delivering consistent and informed care to the client.
Clinic Notes document the client’s therapy journey, including their issues and goals, session
themes, action plans with outcomes, and key interventions with rationale to ensure clarity
and progress tracking.
A Personal Document/Journal is used privately by the counselor to note sensitive material
for clinical supervision, supporting ethical practice and professional reflection without
compromising client confidentiality.
Protection of People who Report
When people do report under the “Child Protection Act” their identity is protected.
• For those who identify themselves under the provisions of the Act, they:
• Have no liability for defamation;
• They cannot be sued for malicious prosecution; and
• They cannot be held for a breach of professional etiquette or ethics.
• They can however, be called to witness or supply information. They testimony based on
evidence and observations.
• Written records can be submitted, as long as they have not been tampered with.
• Counsellors need to be aware of the principle of not contaminating the evidence.
• When a counsellor fails to report a client’s intention to act or a client’s prior criminal acts
divulged in counseling sessions, essentially they are breaking the law. When this is the case,
their insurance provider does not cover them for protection against claims.
Reasons why Confidentiality may be Broken
Confidentiality in counseling is a fundamental principle, but there are specific situations
where it may need to be broken to ensure safety, legality, or ethical compliance. Disclosure
may be required in cases of child abuse or when working with children under the age of
consent, as their safety takes precedence over confidentiality. Similarly, if a client poses a
physical danger to themselves or others, such as in cases of suicidal or violent behavior,
counselors have a duty to intervene and inform appropriate parties. Confidentiality may also
be breached for clients involved in lawsuits related to their mental health, where their
records or testimony may be subpoenaed.
Clients facing the possibility of involuntary hospitalization due to severe mental health
issues or those being forced to undergo medical or psychological treatment may also
require disclosure to ensure proper care. In group therapy, confidentiality can be more
complex, as multiple members are privy to shared information, making it essential to set clear
group agreements about privacy. Lastly, in counseling supervision, sharing information
about clients may be necessary for the counselor’s professional development, but this is done
ethically, with minimal identifying details, and solely to improve client care. These
exceptions are always handled with care, transparency, and adherence to legal and ethical
standards.
Recommended information to be kept on records
• Written and signed consents and contracts relating to all treatments
• Written and signed consents to release confidential information
• A record of client’s attendance and non-attendance of counselling sessions
• An updated record of content for each session with the client
• An updated record of counsellor’s reasoning which explains decisions for significant
interventions and general strategies.
• Consultation with other practitioners about the client.
• Copies of correspondence and other documentations related to the client Copies of any
instructions given to the client and a record of subsequent action or failure to act.
Unethical behaviour in counselling
The following are some of the most prevalent forms of unethical behaviors in counseling
(American
Counseling Association [ACA], 2014; Herlihy & Corey, 2015):
• Violation of confidentiality
• Exceeding one’s level of professional competence
• Negligent practice
• Claiming expertise one does not possess
• Imposing one’s values on a client
• Creating dependency in a client
• Sexual activity with a client
• Certain conflicts of interest, such as dual or multiple relationships—in which the role of the
counselor is
combined with another relationship (either personal or professional) and not monitored for
appropriateness of boundaries (Hermann, 2011a; Moleski & Kiselica, 2005)
• Questionable financial arrangements, such as charging excessive fees
• Improper advertising
• Plagiarism
