The BACP Ethical Framework

Within this assignment, my aim is to critically discuss the following taken from the BACP Ethical Framework;

“Being trustworthy is regarded as fundamental to understanding and resolving ethical issues. Practitioners regard confidentiality as an obligation arising from the client’s trust” (BACP, 2015).

According to Wolf et al p.155, confidentiality is considered fundamental to counselling due to its nature. One meaning of confidentiality is ‘strong trust’, which is necessary to create conditions for the client whereby they can potentially expose high levels of truthfulness. Without confidentiality, it is clear to see that it would be extremely difficult to build enough trust to uphold a therapeutic relationship with the client and the therapist.

Therefore, within the therapeutic relationship between client and therapist it is with great importance that trust is present as this can only happen in a relationship which is based on trust. Disclosure within counselling will only happen if the client feels that whatever is talked about within therapy will in no way be used against them. Furthermore, disclosure from the client assumes that what is said within counselling sessions remain confidential between both client and counsellor. You could say that confidentiality acts as a shield to protect the client’s autonomy as they are in control as to how they use their counselling within day to day life. Confidentiality also protects the client from intrusion as it is just the client and counsellor within the room, therefore the ability to talk about their life in confidence is made accessible. Protection is also provided within counselling as sometimes there is a stigma associated with getting help (Holmes and Lindley, 1998). Confidentiality within counselling is relevant in many different areas for example, boundaries, data protection, children, disclosure and

One act which created legal obligations for the public and authorities is the Human Rights Act 1998 and is applicable to all counselling provided within statutory services for example, social services, health care and education. Within the wider social context, similar measures apply across the whole of the European Union due to Article 8 which is set out in two parts and protects one’s privacy.

Article 8.1: Everyone has the right to respect for his private and family life, his home, and his correspondence.

Article 8.2: There shall be no interference by a public authority 'with the exercise of this right except as in accordance with the law and as is necessary in a democratic society in the interests of national security, public safety, or the economic well-being country, for the prevention of disorder or crime, for the protection of health or morals. or the rights and freedoms of others. (Legislation.gov.uk, 2017)

Article 8 sets out fundamental rights to privacy and confidentiality within the wider context of society. As everyone is a citizen, we are all subjected to the law which protects both confidentiality when disclosing information within therapy however, this law has limits on protection within counselling.

Exceptions to a duty of