Mental health worker 'blurred relationship' with patient, used clinical knowledge for personal gain

A mental health professional has been found to have blurred his relationship with a man in his care.
A mental health professional has been found to have blurred his relationship with a man in his care. Photo credit: Getty Images

A mental health professional has been found to have breached the Code of Health and Disability Services Consumers' Rights for blurring his relationship with a man in his care and using the man's history against him for his personal gain.

Health and Disability Commissioner Morag McDowell released a report into the issue on Monday.

It said the social worker had met for an initial consultation with the man, who was in his fifties, in August 2019 and outlined his history of depression and anxiety.

During the meeting, they discussed the man's work as a tradesman and how he was looking for work when the social worker suggested the man do some work for him at his home.

The Commissioner found that while the social worker referred the man to an external councillor after their initial meeting, they still had several interactions which suggested an ongoing professional relationship

"I acknowledge that in subsequently employing [the man] to undertake private ... work at my property, I blurred professional boundaries," the social worker said. 

"As I have explained, I perceived there to be an enough degree of separation as my clinical involvement with [the man] was brief and had concluded before I engaged him to undertake the ... work. I did not anticipate any further involvement with him in a professional capacity. I acknowledge this was an error of judgement on my part."

In September 2019 the man began work at the social worker's house but, after completing the project, when it came to the payment their relationship deteriorated.

The social worker went to the man's house without prior agreement, to pay him but the man raised his concerns that it was inappropriate for him to visit unannounced.

An "acrimonious exchange occurred", the report said, during which the social worker used his clinical knowledge of the man against him.

The social worker said the man was clearly angry and resentful, and that he had outstanding resentment issues, which might be good for him to resolve. He also commented that he was doing the man a favour and providing an income for him.

The Commissioner said the social worker had blurred his professional relationship with the man by offering him private work, he responded poorly when their relationship deteriorated and abused the knowledge he gained in a clinical context for personal gain.

"Maintaining professional boundaries between consumers and providers is an important part of the provision of healthcare services," said McDowell.

"Trust is fundamental to this relationship, and to ensuring that the consumer is assured that the provider is acting with the consumer's best interests in mind."

The social worker was found to be in breach of the Code of Health and Disability Services Consumers' Rights (the Code).

McDowell encouraged him to include relationship issues, transference and other boundary matters as he undertakes professional supervision with a psychologist.

She also recommended that he provide a written apology to the man.