Tribunal decision – Lynch

The Tribunal recently considered a charge against a social worker who worked as a social worker at a DHB until July 2019, and then at an NGO as a social worker in their Community Housing team, from November 2019 to July 2020. Her registration and practising certificate were suspended on an interim basis by the Board in July 2020 after it had received a notification of concern from the NGO employer.

The charge against the social worker included several factors which were said to amount to professional misconduct under the Social Workers Registration Act 2003 (the Act) or conduct that is unbecoming of a social worker and reflects adversely on her fitness to practise as a social worker under the Act.

The charge included reference to the following behaviour from the social worker following the termination of her employment with the DHB:

threatening and/or harassing an employee of the DHB
making disparaging remarks on social media posts about the reputation and character of the same employee and the DHB
engaging in an unprofessional and/or inappropriate relationship with a client of the NGO she worked for. He was not her direct social work client, but she was employed by the NGO at the time.

Additionally, the charge alleged that the social worker’s conduct breached Principles 1, 5, 6, 8 and 9 of the Code of Conduct:

Principle 1 – Act with integrity and honesty
Principle 5 – Protect the rights and promote the interests of clients
Principle 6 – Strive to establish and maintain the trust and confidence of clients
Principle 8 – Work openly and respectfully with colleagues
Principle 9 – Maintain public trust and confidence in the social work profession.

The Tribunal was satisfied that the social worker’s conduct was a serious departure from the professional standards which the public and the profession expect of registered social workers, she breached principles of the Code of Conduct, and brought discredit to the social work profession.

The Tribunal heard from the Professional Conduct Committee, which in summary covered the following points:

The social worker engaged in harassing and bullying conduct towards someone she had previously had a professional relationship with, which reflected adversely on her reputation and the reputation of the social work profession.
Social workers are expected to confront and deal with situations of conflict on a daily basis. They are expected to do so professionally and respectfully. It is expected that social workers are able to work with a range of professionals appropriately and professionally, even when there is disagreement.
There is an expectation of appropriate use of social media by social workers, including that “all online posts should be considered public and permanent”. Clear and appropriate professional boundaries should be maintained in all forms of communication. The nature of bullying and harassing the social worker had engaged in fell significantly short of those expected standards of behaviour.
Social workers are placed in positions of trust and responsibility through their role. They are expected to act honestly, and with integrity. It is expected that social workers maintain a high standard of professional and personal behaviour, to avoid activities, work or outside of work that may in any way bring the social work profession into disrepute. This applies equally when using social media and electronic forms of communication. The social worker failed to maintain that high standard of professional and personal behaviour that was expected of her, and brought the social work profession into disrepute.

The Tribunal considered the social worker’s conduct and circumstances of the offending taken together are at the serious end of the spectrum in terms of conduct on the part of a registered social worker, and required disciplinary sanction.

The Tribunal’s opinion was that the social worker’s conduct was of a nature and gravity which indicates that she is unfit to practise as a social worker and that her name must be erased from the register.

The Tribunal found the social worker guilty of professional misconduct. Her registration has been cancelled, she was censured and required to pay PCC and Tribunal costs.