Repeated instances of unprofessional conduct by counsellor

Decisions:

The Health and Disability Commissioner (HDC) has completed investigations into four separate complaints about the conduct of a Counsellor that is not registered with a counselling association. Subsequent to the conclusion of the investigations, the counsellor has also failed to carry out any of the recommendations made in each of the four decisions. The complaints identified a pattern of disrespectful and unprofessional behaviour by the counsellor, over a sustained period of time.

In the October 2023 (21HDC01976) and April 2024 (23HDC01494) decisions Deputy Commissioner Dr Vanessa Caldwell found the counsellor had breached Rights 4(2) and 10(3) of the Code of Health and Disability Services Consumers’ Rights (the Code) during and, in one case at the conclusion of, his therapeutic relationship with both women. In both cases, Dr Caldwell found that the counsellor failed to abide by relevant ethical standards as reflected in the New Zealand Association of Counsellors (NZAC) Code of Ethics in his care of the women. Dr Caldwell also found that the counsellor failed to engage meaningfully in the HDC investigation process. Dr Caldwell made several recommendations, including that the counsellor provide written apologies to the women, attend further training, review and reflect on his obligations under the Code and consider becoming a member of NZAC.

In two May 2025 decisions (24HDC01380 & 24HDC02251), Dr Caldwell found the counsellor had breached Right 10(3) for frustrating the investigation process by advising that he would not engage. In the second decision, Dr Caldwell also found the counsellor in breach of Right 4(2) of the Code for failing to abide by the NZAC Code of Ethics in his treatment of the woman. In both cases Dr Caldwell recommended that the counsellor provide written apologies, attend further training and reflect on his obligations under the Code.

HDC has been in contact with the counsellor numerous times regarding outstanding recommendations on all four closed complaints, but the recommendations have not been completed. These cases have been provided to the Ministry of Health to highlight of the importance of requiring registration for counsellors given they work with people often at their most vulnerable and the public has the right to receive an appropriate level of care and accountability for when this does not occur.

In all four complaints, the counsellor was referred to the Director of Proceedings in accordance with section 45(2)(f) of the Health and Disability Commissioner Act 1994 for the purpose of deciding whether any proceedings should be taken. This decision was made having regard to the counsellor’s persistent failure to provide information to HDC to facilitate the speedy and efficient resolution of complaints. The Director of Proceedings decided not to take further action.