Counsellor's intimacy with client inappropriate

A counsellor at an unnamed District Health Board who had sex with a client who sought his help for her alcohol problems has had to pay her compensation through a restorative justice programme.

In a decision released today, the Deputy Health and Disability Commissioner ruled the counsellor's behaviour was inappropriate and unacceptable,

The commissioner was told that after a text conversation between the woman and the counsellor one evening in April, 2008, the counsellor drove 60km to the house where the woman was staying. The woman's partner was working nights.

The counsellor and the woman went for a short drive and engaged in consensual sexual foreplay, before the woman asked him to take her back to the house.

After the woman got out of the car, the counsellor sent a text asking for oral sex.

The woman refused and the man left.

The woman recognised that although the contact had been consensual, this was not appropriate behaviour for a counsellor.

She first complained to the police and then the district health board. The counsellor denied the events but soon after resigned his position and the DHB's investigation was not concluded.

The Deputy Health and Disability Commissioner ruled that the counsellor's behaviour was contrary to his obligations as a counsellor and he breached the trust, honesty, integrity and conduct of his profession.

In the relationship, he failed to maintain safe professional boundaries.

He also added to the woman's distress and misled his employer and the commissioner by lying about his actions for several months.

His conduct was also sexually exploitative, the deputy commissioner said.

The counsellor was referred to the Director of Proceedings, who decided to take a claim to the Human Rights Review Tribunal.

However, the matter was resolved between the parties through a process of restorative justice that included the counsellor paying compensation and undertaking voluntary work in the community.

- NZPA