guidelines for the provision of counselling in schools guidelines for the provision of counselling...

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Foreword

This is the first edition of CSF Guidelines for the Provision of Counselling In Schools. As more schools are employing counsellors to help them support and address theemotional well being of children and young people it is essential they follow good practiceguidelines for the development of these services.

High on the agenda for those working with children and young people in Hertfordshire isthe quality assurance of services. The emotional health and well being of the children andyoung people in our schools is paramount and a key factor in contributing to theirachievement and life chances. Therefore, it is important that counselling services need tobe appropriately developed, monitored and evaluated.

One of the key objectives of the CSF Counselling In Schools Service Counselling SupportStrategy 2004 – 2007 is to further improve the quality of school based counselling services.The counselling support strategy has guidelines to ensure the needs of both the serviceand those schools who employ their own counsellors are met. The guidelines are based onthose of the British Association of Counsellors and Psychotherapists (BACP), and cover allthe areas that are essential to a high quality counselling service, whether in primary,special, or secondary schools.

Thank you to all those who have contributed to the guidelines which provides a clearframework for the development of professional counselling services in schools.

Alan DinningDeputy Director – Integrated Children’s Services

AcknowledgementsBACP guidelines for counselling on schools 2006.Fraser Guidelines.

Counselling and Mentoring Steering Group.Jill Clarke – School Counsellor

Hertfordshire County Council, Human Resources.

Guidelines for the provision of counselling in schools May 2007

csf (C) text pages 17/9/07 09:12

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ContentsGuidelines forthe provisionof counsellingin schools

May 2007

1. Introduction 3

2. Employing a counsellor in a school 4

3. Clinical supervision 5

4. Suitable accommodation 5

5. Referral Procedures 6

6. Child or young person’s criteria for accessing counselling 6

7. School Criteria 6

8. Equality and diversity perspectives 7

9. Parental/Carer agreement – ‘Gillick competency’ 7

10. Enhanced Criminal Background checks for counsellors 8

11. Insurance 8

12. Confidentiality policy 9

13. Child protection procedures 10

14. Role of School Contact 10

15. Complaints procedure 10

Appendix 1 – Job description and person specification 11

Appendix 2 – CISS Referral for Counselling 12

Appendix 3 – Gillick Competency/Fraser Guidelines 13

Appendix 4 – Child protection policy 15

Appendix 5 – CSF, Counselling In Schools Servic 16


1 Introduction

Hertfordshire’s Children’s Trust Partnership, Children and Young People’s Plan 2006 – 2009 includes the commitment to further develop counselling services within schools for children and young people. These guidelines will enable all schools in the county to make decisions on how they develop counselling services and offer guidance to those schools that already employ counsellors ensuring services are working to a robust quality assurance.

1.1 What is counselling?For the purpose of these guidelines it is important to define what is meant by counselling. In these guidelines, counselling also refers to art, music, play, and drama therapies.It is also necessary to distinguish between formal counselling, and the use of counselling skills.

1.2 Formal counselling is the area of the professional counsellor, acting in their specialist role, and in accordance with a strict code of ethics, which requires confidentiality, accountability and clinical supervision.

1.3 Counselling skills can be applied to a range of other professionals who provide advice, career interviews or a listening ear, where the role and responsibilities of the professional will determine the boundaries of their working practice.

These guidelines focus on the provision of formal counselling and follow the British Association for Counsellors and Psychotherapy (BACP) definition of counselling which is:

‘Counselling takes place when a counsellor sees a client in a private and confidential setting to explore a difficulty the client is having, distress they may have experienced or perhaps their dissatisfaction with life, or loss of a sense of direction and purpose. It is always at the request of the client as no one can properly be ‘sent’ for counselling.

By listening attentively and patiently, the counsellor can begin to perceive the difficulties from the client’s point of view and can help them to see things more clearly, possibly from a differentperspective. Counselling is a way of enabling choice or change or of reducing confusion. It does not involve giving advice or directing a client to take a particular course of action. Counsellors do not judge or exploit their clients in any way.

In the counselling sessions the client can explore various aspects of their life and talk about their feelings openly in a way that is rarely possible with friends or family. Bottled up feelings such as anger, anxiety, grief and embarrassment can become very intense and counselling offers an opportunity to explore them, with the possibility of making them easier to understand. The counsellor will encourage the expression of feelings and as a result of their training will be able to accept and reflect the client’s problems without becoming burdened by them.

Acceptance and respect for the client are essential for a counsellor and as the relationship develops so too does the trust between the counsellor and client. This enables the client to lookat many aspects of their life, their relationships and themselves which they may not have considered or been able to face before. The counsellor may help the client to examine in detail the behaviour or situations that are proving troublesome and to find an area where it would be possible to initiate some change as a start. The counsellor may help the client to look at the options open to them and help them to decide the best for them.

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2 Employing a counsellor in a school

2.1 When employing a counsellor the school should consider their needs and ensure that contracts are negotiated to accommodate these.

There are a number of ways in which a school may gain the services of a counsellor:

• Commission in the CSF Counselling In Schools Service• Employ a counsellor who is self employed• Employ a counsellor directly.

2.2 Some examples of the functions that the counsellor has in addition to their counselling activities are listed below:

• Liaising with staff and parents• Providing information on the counselling service, and advising staff and parents about

confidentiality policies• Maintain appropriate records and case notes, and retain them in a secure place• Attend regular supervision with a suitably qualified supervisor.

2.3 Trainee counsellors should be placed with experienced salaried counsellors who are able tomonitor the trainee’s work. Trainee counsellors should not be used in place of qualified counsellors to staff a school counselling service, and should have no more than three to four clients’ a week.

2.4 (Schools should be aware that if they are considering employing an arts therapist (i.e. art, music or drama therapist), these professions are registered with The Health Professions Council. It is a requirement that all of these professions hold a current registration certificate to practice. Schools can check registration details by contacting the Health Professions Council on 0845 300 4472 or by going on line to: www.hpc-uk.org/aboutregistration/theregister/access)

2.5 Counsellor minimum qualifications

The CSF Counselling In Schools Service has a minimum entry level for counsellors working in schools. Appendix 1 outlines the job description and person specification used by the service.



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3 Clinical supervision

3.1 Clinical supervision is the overseeing of the client’s work; it protects the client and supportsthe counsellor.

3.2 All qualified professional counsellors are required to have clinical supervision. The minimumrequirement, as laid out by BACP guidelines, is one and a half hours per month dependant on workload and counsellor experience.

3.3 It is unethical for any counsellor to work without receiving regular supervision with a qualified supervisor.

3.4 Counsellor supervision is usually referred to as external consultative supervision, and may be on an individual or group basis.

3.5 Schools will obtain contact details of the counsellors’ supervisor and request annual reports.

3.6 Clinical supervision is regarded as one method of monitoring and evaluating the counsellors’ effectiveness.

4 Suitable accommodation

4.1 It is important that the pupils feel safe and secure when working with the counsellor.

4.2 It is preferable that the school are able to set aside a dedicated room for the counsellor to work in. This should ideally be in a quiet part of the school.

4.3 Staff and pupils should be made aware that when the counsellor is seeing clients the room is private and there are no interruptions.

4.4 The door should be clearly marked so that it is obvious when the counsellor is working.

4.5 It is equally important that the counsellor is safe. The school should ensure that the counselling room is not too isolated and members of staff are aware when counselling is taking place.

4.6 Schools could consider providing counsellors with a personal alarm.



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5 Referral Procedures

The school, with the agreement of the counsellor, will need to establish referral routes.

There are several methods of referral including:

• Special Education Needs Co-ordinator (SENCo)• Head teacher• Parents or carers.• Self-referral• Form tutor

6 Child or young person’s criteria for accessing counselling services

There are a range of reasons why children and young people may benefit from access to the counselling service.

The child or young person:

6.1 may be experiencing emotional distress which has persisted over time

6.2 may have experienced a traumatic event or crisis with recognised traumatic consequences

6.3 must be willing to engage in counselling on a voluntary basis

6.4 must not be engaged in counselling or therapy with any othe agency at the time

6.5 in negotiation with the counsellor, will develop a counselling contract

7 School Criteria

The school will need to consider many issues when establishing a counselling service.

7.1 Ensure adequate accommodation and time

7.2 A liaison person will need to be appointed to ensure all lesson notes are available to the child or young person when lesson time is missed

7.3 To provide support for teachers who may have to deal with immediate after effects of a counselling session, or provide respite space and time for the child

Please see appendix 2 for a sample referral document.



8 Equality and diversity perspectives

Hertfordshire County Council is committed to openness and equality of opportunity in every aspect of counselling activity, from the way counsellors are employed to the way the counselling service is delivered.

It is the responsibility of schools to ensure that every individual they come into contact with is treated with dignity and respect. A copy of the schools policy should be available to all counsellors on recruitment.

If you require further advice on counselling children and young people with special needs,please contact CSF Counselling In Schools Service.

9 Parental/carer agreement

When working with children of primary school age it is expected that parent/guardian consent will be obtained before the commencement of counselling. Counsellors will have an initial meeting with the parents to allay any anxieties that they may be having. They will also explain the counselling process to parents and advise them that the counsellor will only work with issues the child presents.

When working with secondary age pupils it is not essential to have parental consent, as a young person may consent to having counselling using the ‘fraser guidelines’ formerly referred to as ‘gillick competence’. (See Appendix 3)

In secondary schools it is the schools responsibility to notify parents or carers that counselling is available in the school. It is then the parents or carers responsibility to let the school know if they do not wish their child to have counselling.


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10 Enhanced criminal background checks for counsellors

10.1 As school counsellors are working with vulnerable children and young people they will be inpossession of an enhanced criminal record bureau check.

10.2 If schools employ a counsellor they are responsible for carrying out enhanced criminal background checks through Herts County Council registered body.

Both the counsellor and the registered body will receive a copy of the disclosure document.

10.3 In line with the Data Protection Act schools should:

• record the disclosure number • the fact that it is enhanced, • check the disclosure against list 99 and Protection of Children Act list. • the date of issue, • the name of the registered body.• record whether the appointment took place.

10.4 Enhanced criminal background checks should be reviewed annually. On no account should these documents be photocopied.

10.5 If the counsellor is self employed the school should request to see a current enhanced criminal background form which is less than twelve months old and record the informationas detailed in 10.3. If the counsellor is not in possession of a current form the school must carry out an enhanced background check through Herts County Council registered body.

11 Insurance

Good practice guidelines: schools who employ counsellors on a self employed basis should request a copy of the counsellors’ insurance details and ensure that the counsellor has the following cover:-

• £5 million public liability.• £5 million professional indemnity.

This is an Hertfordshire County Council requirement.



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12 Confidentiality policy

12.1 Counsellors, children, young people and schools must have a clear understanding of the issues around information sharing and confidentiality. Confidentiality is a basic ethical principal in the counselling process and should be respected at all times, however there are specific circumstances under which counsellors may need to break confidentiality and share information without consent.

12.2 The latest government view of best professional practice for those working with children and young people is detailed in www.ecm.gov.uk/informationsharing

The above guidance (para. 3.12) indicates that in the following circumstances, sharing confidential information without consent will normally be justified in the public interest:

‘There is evidence that the child is suffering or at risk of suffering significant harm orThere is reasonable cause to believe that a child may be suffering or at risk of significant harm orTo prevent significant harm arising to children / young people or serious harm to adults,including through the prevention, detection and prosecution of serious crime’

12.3 The practitioners’ guide Information Sharing: Practitioners’ Guide found on this website maybe summarised as follows:

‘You should explain to children/young people and families at the outset, openly and honestly, what and how information will, or could be shared and why, and seek their agreement - the exception to this is where to do so would put that child, young person or others at increased risk of significant harm or an adult at risk of serious harm, or if it would undermine the prevention, detection or prosecution of a serious crime including where seeking consent might lead to interference with any potential investigationYou must always consider the safety and welfare of a child or young person when making decisions on whether to share information about them - where there is concern that the child may be suffering or is at risk of suffering significant harm, the child’s safety and welfare must be the overriding consideration.

You should, where it is consistent with your view of the needs of the child, respect the wishes of children, young people or families who do not consent to share confidential information -you may still share information, if in your judgement on the facts of the case, there is sufficient need to override that lack of consent.

You should seek advice where you are in doubt, especially where your doubt relates to aconcern about possible significant harm to a child or serious harm to others (advice is available from the designated senior person for child protection within the school or via a ‘What if’ conversation with CSF social care staff)

You should ensure the information you share is accurate and up-to-date, necessary for the purpose for which you are sharing it, shared only with those people who need to seeit, and shared securely.

You should always record the reasons for your decision – whether it is to share information or not’.



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12.4 Counsellors should regularly attend training on child protection issues, be aware of who their child protection designated senior person is in school and have a clear understanding of the role and responsibilities in relation to raising child protection concerns in respect of their clients.

13 Child protection procedures

All counsellors working in schools should follow the CSF confidentiality policy and will be aware that there are some exceptional circumstances when confidentiality may be breached and direct action taken in order to protect and ensure the health and well being ofthe child or young person.

(Please see appendix 4 for further information.)

14 Role of school contact

14.1 It is important for the school to nominate a member of staff who will be responsible for liaising with the counsellor.

14.2 This person will need to be available for the counsellor to discuss workload and at times the appropriateness of referrals.

14.3 The school contact should inform the pupil of the confirmed appointment time and should also inform teacher of any lesson that the pupil will miss. Arrangements should be made for any worked missed to be made available to the pupil.

14.4 It is important that pupil confidentiality is considered in this process.

15 Complaints procedure

15.1 If the school is an organisational member, or the counsellor an individual member of the BACP, any complaint alleging a breach of the code of ethics and practice should be carried out in accordance with the procedures outlined by BACP.

15.2 If neither the school or counsellor is a member of BACP it is important that there are clear complaints procedures included in any contract or job description for the school.


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Appendix 1Job Description and Person Specification

JOB TITLE Counsellor

SALARY

CONTRACT Permanent

DEPARTMENT Children, Schools and Families

GRADE H9

HOURS 18.5 (Term time only plus one week = 39 weeks)

REPORTS TO CSF Counselling Manager

LOCATION Mobile worker

1. Job Purpose

To provide a professional and confidential counselling service to children and young people,in order to promote emotional health and well-being and enable children and young people to develop a resilience to help them cope with the difficulties they face.

2. Main Areas of Responsibility

2.1 Provide a confidential counselling/therapy service for individuals or groups of children and young people referred to Counselling In Schools Service

2.2 Manage a clinical caseload within BACP or equivalent ethical framework2.3 Keep case records on each counselling session, in a secure place in accordance with Data

Protection Act 2.4 Liaise with named school contacts on a regular basis2.5 Provide information on the Counselling In Schools Service and the role of the counsellor to

children and young people, governors, educational professionals and parent/carers2.6 Contribute to an annual report and other reports and documents as required by the service2.7 Contribute to the ongoing evaluation and development of the service (CORC – CAMHS

Outcomes Research Consortia)2.8 Refer child protection concerns to the senior designated person within the schools2.9 Attend regular line management, team meetings and training as required2.10 Attend regular clinical supervision in line with Counselling In Schools Service guidelines



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Appendix 2 (Sample Referral Form)

This form can be adapted to meet the needs of the school.

CISS Referral for Counselling

Date of first meeting

School Number

School Name

Surname of Pupil

Year

Gender

Source of Referral

Start Date

Review Date

Name of Counsellor

Other notes (Correspondence details, reports received etc)



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Appendix 3Gillick Competency/Fraser Guidelines and Confidentiality forYoung People

• The House of Lords made a judgement in 1985 known as the Gillick judgement, or more commonly the Fraser Guidelines. It relates to contraceptive advice and treatment to a person under 16.

• It states that under 16’s have a right to confidentiality,whether asking for contraceptive advice or any other medical treatment such as abortion.

• It allows young people under 16 of ‘sufficient understanding and intelligence’ who understand the implications of medical treatment to consent to such treatment on their behalf.

• The Fraser Guidelines are only legally binding to doctors but are considered to represent best practice for other health professions (i.e. nurses, school nurses, all family planning and genitourinary medicine (GUM) clinic staff).

• While Fraser Guidelines emphasise that young women under the age of 16 seeking contraceptive advice should be encouraged to inform their parents or carers, it upholds the right of doctors to prescribe contraception without parental knowledge or consent, providing that the doctor is satisfied that the young person:

– will understand the advice– cannot be persuaded to tell their parents/carers, or they will not allow the doctor to

tell the parent/carers, that they are seeking contraceptive advice or treatment– is likely to begin or continue having unprotected sex with or without

contraceptive treatment– the young person’s physical or mental health is likely to suffer unless he or she

received contraceptive advice or treatment– it is in the young person’s best interests to receive contraceptive advice or treatment.

• For other professionals working with children and young people, there is no law regarding confidentiality and talking about sex and relationships with young people. There may be contractual agreements or guidance based on the Children Act 1989, where workers are required to notify sexual and physical abuse.

• Many professionals work within their own professional guidelines which prescribe confidentiality as best practice in relation to service provision. Any sex and relationshipspolicy and guidance should always address confidentiality, particularly when it is around with young children.



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Whilst the original statement at the Gillick case was concerned with General Practitioner’s giving contraceptive advice – it can be seen that the principals of deciding as to whether a child or adolescent is competent to make a decision about any aspects of their life can be applied. There are difficulties to applying this principal, however.

a) On a general cognitive (ability to understand) level, the competency of young children up to 11 or 12 is different from that of younger adolescents and different again with older adolescents.

b) Some individuals, depending on intelligence and experiences will have more competency skills than others of similar ages, so a general rule cannot be applied.

c) Some decisions will require more competency skills than others, e.g. shall I get a bus or train? Or, shall I stay on at school or go to college?

d) If a person is traumatised in some way through bereavement, ill-health, etc., then their competency skills may be considered reduced. Also, if they are under the influence of substances.

e) The UN Convention on the Rights of the Child Article 12, states that: ‘Whenever adults make a decision that will affect you in any way, you have the right to give your opinion, and the adults have to take that seriously’. This may mean that we try to find a compromise with the child, acknowledging a move to independence.

f) Children and young people are also more influenced by many pressures, as they grow and develop more sophisticated decision-making skills. Adolescents will naturally begin to question the belief-systems with which they were brought up with and may discard family values, as they respond to other influences such as peer pressure. Many children and young people only have a vague notion of real but unobvious dangers, such as sexually transmitted infections. These skills develop more through maturity, but also through opportunity – identifying risks and benefits, foreseeing consequences and gauging credibility of information. Low self-esteem can inhibit ability to make important decisions, children and adolescents showing less competence in their decision-making that their potential suggests.

g) Parents and carers have a duty to encourage children to develop decision making capacities from as early an age to develop decision making capacities from an early an age as possible. Parents and carers may sometimes find it difficult to involve children and young people in family decisions, mainly from a “protective” viewpoint, and not wanting the child to be hurt to upset. It may be a difficult judgement call over some issues, but some decisions should not be given to children or young people where the consequence of that decision may impair their future development or give rise to considerable feelings of guilt for many years.

Sometimes it is our role as parents or carers to make mistakes for the child/young person and bear the blame for that mistake, as to pass it to the child would be too great a burden. Sometimes, however, it is helpful for children/young people to make small mistakes themselves. Parents/carers can then use these situations as learning experiences, using it to further build skills. Children and young people have the ‘right’ to make mistakes but “…..good parenting involves giving minors as much rope as they can handle without an acceptable risk that they will hang themselves…” (Lord Donaldson in J. Fortin (1998) Children’s Rights and the Developing Law pp 77).



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Conclusion

When considering whether or not to allow a child or young person in our care to make a certain decision, we must ask ourselves some practical questions.

1. What will the outcome be if thedecision is not on that we would want?

2. If we cannot allow the young person to make that decision then why are we offering it to them?

3. Can we stop them from making the decision, or acting on their own? E.g. we may want to stop a young person going out, but can we physically restrain them?

4. We may have to consider using ‘harm minimisation’ strategies. E.g. allowing them to go out (under protest), but then offering to give them a life home early, thus minimising risk, as they are out for a shorter period.

References: J. Fortin (1998) Children’s Rights and the Developing Law

An article titled ‘Reversing the retreat from Gillick? R (Axon) v Secretary of State for Health’ fromthe Child and Family Law Quarterly Volume 19 Issue 1 (2007 pp 81-97) looks at the rejection of achallenge by a parent to the policy of giving confidentiality to children seeking advice on abortionor other sexual matters. The document highlights that this case defends child confidentiality andthe Gillick principles and shows a growing respect for the autonomy of children.

Appendix 4 (Child protection policy)This brief guidance is derived from those procedures

13.1 Research and experience has demonstrated that to keep children safe from harm, it is essential that professionals maximise the potential for safe partnership with parent/s, and share relevant information across geographical and professional boundaries.

Often it is only when information from a number of sources has been shared, collated and analysed, that it becomes clear a child is suffering or is likely to suffer significant harm.

13.2 Education staff have a responsibility to share information about the protection of children with other professionals, particularly investigative agencies e.g. Police and Children’s SocialCare. S.175 Education Act 2002 introduced additional duties on Children’s Services (education) to ‘make arrangements for ensuring that the functions conferred upon them in their capacity as Children’s Services (education) are exercised with a view to safeguarding and promoting the welfare of children’. (s.175 of the same Act introduced a similar duty for independent schools, academies and technology colleges with respect to their pupils).


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13.3 The net result of legislation and professional guidance is that professionals may share information for a child protection purpose without the consent of the subject:

• To protect the vital interests of the person • Where seeking permission might place the child or another person at serious risk of

significant harm• Where such action might reasonably assist in the prevention or detection of

serious crime

13.4 It is important that each professional accept responsibility for her/his own referrals and should not seek to provide information to another agency anonymously.Routine ‘checks’ – s.17 & 47 enquiries

13.5 The permission of the subject (child or parent) must ordinarily be sought on those occasions when there is a need to gather further information via checks with other agencies, in order to:

Progress an assessment of need (s.17 Children Act 1989)

Decide whether to re-designate an assessment of need to a child protection (s.47 Children Act 1989) enquiry or Inform such a s.47 enquiry

13.6 Such checks may be completed without such permission if:

Seeking permission is likely to increase risk to children concerned or other individuals e.g. by causing a substantial delay to the s.47 enquiry

A request for permission has been refused, the reason for refusal has been considered and sufficient professional concern remains to justify disclosure

Seeking permission is likely to impede a criminal investigation

Appendix 5CSF, Counselling In Schools Service

The Counselling In Schools Service was established in 2000. Over the last six years the service has evolved and is now able to offer a wide range of therapeutic interventions to schools across the county. For further information on the services available, and the cost, please contact the service administrator on 01992 588796.

The Counselling In Schools Service will offer the opportunity for schools to discuss any concerns they may have in setting up a service or alternatively they will be able to access the information on-line. The service will offer training opportunities for schools to work with staff, governors and parents to develop further understanding of counselling and the benefits it offers to children and young people.



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