Social worker’s registration cancelled following inappropriate relationship

Patrick

4 days ago

The Social Workers Complaints and Disciplinary Tribunal (the Tribunal) is reserved for the most serious disciplinary cases. A Professional Conduct Committee (PCC) sends charges against a social worker to the Tribunal if it has grounds to believe that a social worker is guilty of professional misconduct or of conduct unbecoming of a social worker.

In a recent Tribunal case, a registered social worker was found guilty of engaging in an inappropriate relationship with the mother of three of his clients, allegedly resulting in her becoming pregnant. The social worker was dishonest to his employer about the relationship and the pregnancy. He also failed to engage with the SWRB and the PCC’s investigation. The social worker was censured, his registration was cancelled, and he was ordered to pay a contribution towards the PCC’s costs.

In considering whether a social worker’s conduct amounts to misconduct, the Tribunal considers the standards expected of social workers as described in the principles of the SWRB’s Code of Conduct. In this case, the Tribunal found that the social worker’s actions breached:

Principle 1 (Act with integrity and honesty)
Principle 5 (Protect the rights and promote the interests of clients)
Principle 9 (Maintain public trust and confidence in the social work profession)

The Tribunal highlighted that the respondent’s actions had the potential to cause harm in many ways. An aggravating factor in this case was that the social worker had the opportunity to take a different approach at several junctures and did not.

Natural justice underpins the work of the Tribunal and the SWRB. Natural justice is governed by rights that ensure fairness, including:

The social worker’s right to present their case and respond to any evidence against them.
The right to ensure that any decision makers are impartial, act without bias and have no personal interest in the outcome of the case.
The right to transparency and accountability, consequently decision-makers provide reasons for their decisions.

The social worker’s failure to engage with the PCC and Tribunal process required the Tribunal to take additional steps to exercise natural justice, including efforts to provide him with notice of the complaint and the evidence gathered. Proceedings were also adjourned to allow the social worker to engage but he still failed to participate. The Tribunal concluded that further delay had the potential to cause harm to those involved. Any disadvantage to the social worker arose from his choice not to attend proceedings.

The case highlights important practice principles that social workers should observe.

To maintain appropriate professional and personal boundaries and not have romantic or sexual relationships with clients.
To act with integrity and honesty at all times and cooperate fully with regulatory bodies and employers during investigations.
To always act in a manner that upholds the reputation of the social work profession.

What to do if you are concerned about a social worker

If you are concerned about the behaviour of a social worker, please complete our online form (https://swrb.govt.nz/concerns-and-complaints/).

Employers are expected to address any breaches of the Code of Conduct by a social worker they employ but, when the misconduct is deemed serious, employers are asked to report it to the SWRB. If a social worker leaves their employment during a complaint or competence concern the matter must be reported to the SWRB.

Concerns and complaints page on the SWRB website link:

https://swrb.govt.nz/concerns-and-complaints

Mandatory reporting page for employer’s link:

https://swrb.govt.nz/employers-mandatory-reporting

What to do if you are concerned about a social worker

Other useful links