A mental health support worker resigned after it was discovered she'd had a relationship with her client's ex.
A mental health support worker resigned after it was discovered she'd had a relationship with her client's ex.
A mental health support worker was “a listening ear” for a vulnerable woman for almost two years as she navigated anxiety and insomnia, issues with her children and a failed relationship with a man alleged to be taking drugs.
But during that time, the worker also began a sexual relationship with her client’s ex-partner.
The “romantic involvement” was discovered after the woman became suspicious when her ex referred to information she had only shared with the worker, leading to a confession and subsequent resignation from the worker.
Now, Dr Vanessa Caldwell, deputy Health and Disability Commissioner has referred the health professional to the director of proceedings to assess if further action should be taken.
In today’s decision, Caldwell noted the worker’s serious violations of professional boundaries had necessitated that outcome.
Caldwell also found the worker had breached the Code of Health and Disability Services Consumers’ Rights when she knowingly entered into a relationship with her client’s ex and failed to disclose it or end her professional relationship with the woman.
According to the decision, the woman received support from the worker between May 2021 and December 2022.
The service, which, along with the people involved, is not named in the decision, provides support to people affected by mental distress or addiction, and their whānau.
The woman was experiencing significant anxiety that was impacting her life and she required support with her children and managing at home.
The worker, with about 10 years’ experience in the profession, documented their regular communications in clinical records.
Throughout the entries, the worker regularly referred to herself as a listening ear for the woman, and elaborated on her mental health, and issues with her children and her personal relationships.
Around May 2021, the woman and her partner broke up due to his alleged drug use, and he was asked to leave the family home.
She spoke with the support worker about issues relating to the break-up, including mortgage issues, police involvement and legal proceedings.
On one occasion, the woman confided in the worker that she could not afford Christmas presents for her children that year and that she had agreed to go on a date with another man.
Immediately after that meeting, the woman was visited by her ex who gave her children $20 each and said he wanted them to have something for Christmas and accused her of “having another man”.
As the worker was the only person the woman had confided in about her money worries relating to Christmas and the date, she became suspicious of a relationship between them.
According to the decision, the man confessed to the woman that he and the worker knew each other and that she had begun to contact him after he moved out of the family home.
The woman sent a text to the support worker asking to discharge her from her care, and followed up with a message to be discharged from the service entirely.
The woman filed a complaint with the service that same day, then complained to the Office of the Health and Disability Commissioner in March, 2023.
Deputy Health and Disability Commissioner Dr Vanessa Caldwell investigated the complaint. Photo / supplied
The support worker resigned during an investigation. She had admitted to having a “brief association” with the man but said that had since ended. She denied passing any of her client’s information to him.
After the service’s investigation, it apologised to the woman and told her the health professional “clearly had a conflict of interest in acting as your support worker at the same time as having a romantic involvement with your ex-partner”.
“There is no doubt in my mind that [she] should have declared this conflict from the outset and immediately discontinued her working relationship with you.”
However, due to there being no firm evidence that the worker had passed on the woman’s information, the service could not conclude that her privacy had been breached.
In the HDC’s findings, Caldwell drew the same conclusion.
“I have been unable to conclude with certainty whether [the worker] disclosed personal information to [the man], either intentionally or unintentionally, to which she was privy in her role as support worker for [the woman].
“I acknowledge [the woman’s] version of events, particularly the events surrounding Christmas and presents for her children, and I would be critical of [the worker] if she did disclose this and other information to [the man].”
However, Caldwell concluded “with certainty” that the worker used information gained from her sessions with the woman with respect to the initiation of the relationship.
Compounding this was her decision to continue to support the woman throughout her relationship with the man and not disclose it to her employer, Caldwell said.
The support worker acknowledged having a relationship with the man was a “very poor lack of judgment” and that she should not have continued to support the woman.
She accepted not disclosing the relationship to her employer was an error in judgment.
Caldwell remained unconvinced, however, that the worker has “an awareness of the gravity of the situation and the impact this type of breach of trust could have on a vulnerable client”.
“This is evidenced by the lack of personal apology to [the woman] and the emphasis [the worker] has placed on the relationship with [the man] having lasted only a short time.
Caldwell recommended the support worker apologise to the woman and undertake mentoring with a senior colleague for at least a year. Evidence of these actions were to be provided to HDC.
The service has provided staff with a refresher course on confidentiality, privacy and conflicts of interest, and updated its code of conduct and privacy consent forms.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
