Tribunal decision – Elkington (SWDT 25/25P)

Andrea Coulston

2 days ago

This case concerns the ongoing obligation for social workers to act honestly and ethically. The case concerns a social worker, Dr Jacquelyn Elkington, who was charged after purporting to issue a COVID-19 vaccine exemption when she had no authority to do so, representing herself as qualified to issue it. Furthermore, she failed to disclose an ongoing Health and Disability Commission (HDC) investigation when renewing her practising certificate and then failed to cooperate properly with later investigations.

Strongly held personal beliefs do not entitle a social worker to act dishonestly in their professional role

The Tribunal considered that the conduct involved dishonesty over a sustained period, including misleading declarations to the Board and poor cooperation with investigations from both the HDC and PCC. The Tribunal found this conduct amounted to professional misconduct which undermined public trust and confidence in the profession.

The Tribunal found there were several breaches of the Code

Principle 1: Act with integrity and honesty

1.1: Act honestly and ethically in all personal and professional behaviour.
1.2: Comply with all legal, professional, and ethical obligations and any other relevant standards, including those in the Social Workers Registration Act 2003.

The practitioner did not act honestly. She provided false declarations to the Board in the course of her applications for renewal and false information to the PCC during its investigation.

Principle 6: Strive to establish and maintain the trust and confidence of clients

6.9: Take complaints seriously and respond to them in an appropriate, professional, and constructive way.

The social worker failed to appropriately respond to the complaint made against her.

Principle 9: Maintain public trust and confidence in the social work profession

9.3: Provide accurate, factual information about your knowledge, skills, statutory status, training, qualifications, and experience.

The social worker‘s actions undermined public trust and confidence in the social work profession.

The tribunal considered that while the social worker had her own personal beliefs relating to New Zealand’s COVID response, personal beliefs did not entitle any practitioner to ignore the professional standards social workers are required to adhere to.

Despite the seriousness, in this case the Tribunal took a more rehabilitative approach than in the other two cases. It imposed a 12-month suspension, censure, a condition requiring monthly supervision for 12 months on return to practice, a 50% costs contribution, and permanent suppression of the complainant’s identifying details.

This case highlights important principles that social workers should always:

act with integrity and honesty at all times and cooperate fully with regulatory bodies and employers during investigations.
act in a manner that upholds public trust and confidence in the profession

Questions for reflection

When I feel strongly about something, what stops a strong feeling from becoming a reason to be less than truthful in my professional role?

Do I use supervision to explore where my personal beliefs, political or ethical, influence my judgement and practice ?

If a colleague were acting on a strongly held conviction in ways that touched their professional honesty, would I notice, and would I say something?

Raise concerns about a social worker’s behaviour with us

You can raise a concern with us about a social worker’s behaviour by completing our online concerns and complaints form.

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 must report it to the SWRB. If a social worker leaves their employment during a complaint or competence concern investigation the matter must be reported to the SWRB.

Mandatory reporting by employers