Question 1: Amankwah's Decision Not to Divulge Any Information (25 marks)

Introduction

In the context of counseling, confidentiality is one of the most critical ethical principles. The

decision of a counselor, such as Amankwah, not to divulge any information may involve various

ethical, legal, and professional considerations. Ghanaian counselors, like their counterparts

worldwide, are required to uphold confidentiality, while also balancing their duties to the client,

the community, and the law. This essay examines Amankwah’s decision from multiple

perspectives, considering ethical, legal, and practical aspects of professional counseling.

Ethical and Legal Obligations

In Ghana, like in many other jurisdictions, counselors are bound by ethical codes and legal

frameworks that prioritize confidentiality. The Ghana Psychological Association (GPA) Code of

Ethics, as well as international counseling standards (e.g., the American Counseling

Association's Code of Ethics), underline the necessity of keeping client information private,

except in circumstances where disclosure is mandated by law or when there is a clear and present

danger to the client or others.

1. Confidentiality in Counseling Confidentiality is paramount to the therapeutic

relationship. The act of Amankwah withholding information can be seen as a protective

measure for the client’s trust. The counselor’s role is to ensure that any information

shared within the counseling relationship remains secure, unless:

○ The client consents to disclosure.

○ There is a legal obligation (e.g., child abuse or danger to self/others).

certain details.

2. Cultural Context In Ghana, cultural factors also play a role in how counseling is

perceived. Many clients may initially be hesitant to speak openly due to societal stigmas,

distrust of authority figures, or fear of judgment. Amankwah’s decision could reflect an

attempt to respect the cultural norms and values of the client, thereby protecting their

dignity and autonomy.

○ Cultural Sensitivity: In a Ghanaian context, it is important that counselors are

aware of the cultural, religious, and family dynamics that may shape the client's

willingness to share information.

○ Trust Building: In many Ghanaian communities, especially rural areas, trust

between clients and counselors is crucial for successful therapy. Amankwah's

refusal to divulge information could be a conscious decision to maintain this trust.

3. Limits of Confidentiality Despite the importance of confidentiality, there are limits. If

Amankwah is aware that withholding certain information may result in harm to the client

or others (e.g., if the client is at risk of self-harm, or the information involves child

abuse), it is ethically and legally required to break confidentiality. In Ghana, the

Children’s Act (Act 560) mandates the reporting of child abuse, and similar legal

frameworks might apply to issues of harm.

Analysis of Amankwah’s Decision

Amankwah’s decision not to divulge any information might be seen as ethically sound if it

adheres to these principles:

should always be respected, unless a clear legal or ethical obligation exists.

● Duty of Care: The counselor has a responsibility to protect the client from harm. If

revealing the information could endanger the client, Amankwah’s choice could be

considered an exercise of due care.

● Professional Integrity: By maintaining confidentiality, Amankwah is upholding

professional ethics, which is vital for the integrity of the counseling profession.

Potential Challenges

However, the counselor may face challenges:

● External Pressure: In a Ghanaian setting, counselors may sometimes be pressured by

family members or authorities to reveal information, especially if the case involves issues

like domestic violence or family conflict. Amankwah must navigate these pressures

carefully.

● Legal Consequences: Should the information pertain to illegal activities (e.g., child

abuse or domestic violence), failure to disclose could result in legal consequences.

Ghana's legal framework may require the counselor to report certain types of information

to relevant authorities.

Conclusion

In conclusion, Amankwah’s decision not to divulge any information should be viewed through

the lens of both ethical responsibility and legal obligation. While confidentiality is a cornerstone
of counseling practice, counselors must also be mindful of the situations in which breaking

confidentiality is necessary to protect the well-being of the client or others.

B. Rights and Duties of a Client (5 marks)

Client Rights

1. Right to Confidentiality: Clients have the right to have their personal and sensitive

information kept private by the counselor, unless specific exceptions apply (e.g., harm to

self or others).

2. Right to Informed Consent: Clients must be informed about the nature of the

counseling process, the goals, and any potential risks. They must give consent before any

counseling begins.

3. Right to Choose or Refuse Counseling: Clients have the autonomy to decide whether to

participate in counseling and can terminate the process at any time.

4. Right to Privacy and Dignity: Clients should be treated with respect and dignity,

ensuring that they are not discriminated against or judged.

Client Duties

1. Duty to Be Honest: Clients are expected to be honest with their counselors to allow

effective counseling to take place.

2. Duty to Participate: Clients should actively engage in the counseling process, including

setting goals and being open to different therapeutic interventions.

the client is also expected to respect the privacy of the information shared in the session.

Question 3

A. What Constitutes Dual or Multiple Relationships? (5 marks)

A dual or multiple relationship occurs when a counselor has more than one relationship with a

client. These relationships can be professional, social, familial, or personal in nature. In Ghana,

counselors are often members of tight-knit communities where clients may be known personally,

making it more likely for such relationships to occur.

1. Definition: A dual relationship happens when a counselor interacts with a client in more

than one context, such as being both the counselor and a family friend, business partner,

or neighbor.

2. Examples:

○ A counselor who is also a religious leader or teacher to the client.

○ A counselor who is a member of the same community or family as the client.

While dual relationships can complicate the counseling process, they are not inherently

unethical. However, counselors must avoid conflicts of interest, exploitative situations, and any

form of harm.

B. Three Types of Consent (15 marks)

relevant information about the counseling process, including the counselor's

qualifications, the nature of therapy, and any potential risks. Informed consent ensures

that the client understands and voluntarily agrees to participate.

2. Implied Consent: This type of consent is assumed when a client voluntarily seeks

counseling services. For example, when a client attends an appointment, it is implied that

they are consenting to participate in the counseling process.

3. Written Consent: Written consent is explicitly documented, typically for situations

involving third-party disclosures, or when the counselor needs permission to release

confidential information to others, such as family members or medical professionals.

C. Measures to Minimize Vicarious Liability (5 marks)

Vicarious liability refers to the responsibility of a supervisor or employer for the actions of their

employees or subordinates. To minimize this, a supervisor in a counseling setting must:

1. Ensure Proper Training and Supervision: Supervisors should regularly train

counselors to follow ethical practices and provide ongoing supervision to monitor their

work.

2. Develop Clear Policies and Procedures: Clear documentation on ethical standards,

client rights, and handling ethical dilemmas can protect supervisors from liability.

3. Regular Reviews: Supervisors should regularly review case files and conduct

evaluations to ensure that counselors are adhering to ethical standards.

To prove negligence or malpractice in a counseling setting, one must demonstrate:

1. Duty of Care: The counselor had a professional obligation to provide a certain standard

of care.

2. Breach of Duty: The counselor failed to meet the expected standard of care, either by act

or omission.

3. Causation: The counselor's breach directly caused harm to the client.

4. Damages: The client suffered actual harm or damage as a result.

Question 4

A. Counselors' Duties in the Community and to the Public (5 marks)

Counselors have a responsibility to serve the community and the public by:

1. Providing Accessible Services: Counselors should make their services available to those

in need, including offering low-cost or pro bono counseling in underserved communities.

2. Promoting Mental Health Awareness: Counselors should engage in public education

efforts to reduce stigma and increase awareness about mental health issues.

3. Advocating for Social Justice: Counselors should work towards creating a fair and just

society by advocating for policies that improve mental health services and address

inequalities.
B. Ethical Principles (10 marks)

1. Confidentiality: Maintaining the privacy of client information is fundamental to

establishing trust.

2. Integrity: Counselors should be honest, transparent, and fair in their professional

conduct.

3. Beneficence: Counselors are ethically obliged to act in the best interest of the client,

promoting their well-being.

4. Non-maleficence: Counselors should avoid doing harm to the client, ensuring that

interventions are appropriate and not harmful.

5. Justice: Counselors should treat all clients fairly, ensuring equality and avoiding

discrimination.

C. Boundary Crossing vs. Boundary Violation (10 marks)

1. Boundary Crossing: This is a situation where the counselor’s behavior deviates slightly

from the usual professional boundaries. For example, the counselor attending a client’s

wedding or providing them with a small gift. While not inherently unethical, boundary

crossings must be handled carefully.

2. Boundary Violation: A boundary violation occurs when the counselor's behavior crosses

ethical lines, such as engaging in a romantic relationship with a client or exploiting the
 client for personal gain. Boundary violations are considered unethical and can lead to

harm or exploitation.

D. Rights/Duties of a Counselor to a Client (5 marks)

1. Duty of Confidentiality: The counselor is obliged to protect the privacy of the client’s

information.

2. Duty of Care: The counselor must act in the client’s best interest, ensuring their

well-being and providing competent service.

3. Duty to Respect Client Autonomy: Counselors should respect the client's decisions and

empower them to take an active role in the counseling process.

Question 5

A. Difference Between Process Note and Progress Note (5 marks)

1. Process Note: A process note includes personal reflections, thoughts, and the counselor's

emotional responses to the session. It is a private document for the counselor’s use and

does not become part of the client’s official record.

2. Progress Note: A progress note is a formal, factual record of what occurred during a

counseling session. It tracks the client’s progress toward their goals and becomes part of

the official record.

If a colleague exhibits unethical behavior, the counselor should:

1. Address the Issue Privately: Speak directly to the colleague about the behavior in a

professional and respectful manner.

2. Report to Authorities: If the behavior is serious or harmful, report it to the appropriate

supervisory or licensing body, following the ethical guidelines for handling such

situations.

C. Dealing with Amanda’s Case (20 marks)

This case involves suspected child abuse. The counselor should:

1. Report to Authorities: Ghana’s Children’s Act (Act 560) mandates the reporting of

suspected child abuse. The counselor should contact the relevant child protection services

or the police.

2. Ensure Amanda's Safety: The counselor should prioritize Amanda's immediate safety,

ensuring she is removed from a harmful environment.

3. Document the Information: The counselor should document Amanda’s statements and

physical evidence (bruises) while ensuring her confidentiality is respected.