Ceredigion County Council Secondary School Based Counselling Policy for Ceredigion September 2011 Cyngor Sir Ceredigion County Council Swyddfeydd y Cyngor / County Offices Penmorfa Aberaeron SA46 0PA 0 Secondary School Based Counselling Policy for Ceredigion Contents Section What is counselling? 1 School Counselling Service in Ceredigion 2 How does counselling fit with other pastoral support? 3 Referral procedures 4 Appointment system 5 Confidentiality 6 Safeguarding / Child Protection 7 Parental consent 8 Counselling sessions 9 Accommodation 10 School Counselling Service promotion 11 Ethical framework 12 Record keeping 13 Complaints procedures 14 Additional information 15 References Appendix 1 1. What is counselling? “Formal counselling is undertaken by a professional, appropriately qualified counsellor acting in his or her specialist role and in accordance with a recognised code of ethic that required confidentiality, accountability, supervision and continuing professional development” (Strategy for School-based Counselling Services in Wales) "Childhood and adolescence can be very stressful times and, like adults, young people sometimes need to talk to an understanding, independent person who will not judge them." "Counselling is a way of helping people through talking and listening. The client is encouraged to express their feelings and thoughts about their problem so they can understand themselves and their behaviour better and therefore improve ways of coping." "Counselling involves a deliberately undertaken contract with clearly agreed boundaries and commitment to privacy and confidentiality. It requires explicit and informed consent." (BACP Code of Ethics and Practice) 1.1 Counselling… · offers a regular space and time to talk or think about worries or difficulties · helps young people explore their feelings and look at how they might want things to be different, by talking and using a range of activities · may be about developmental issues, resolving problems, improving relationships, making choices, coping with changes, gaining insight and understanding, growing as a person · is carried out by trained, fully qualified counsellors, who are checked by the Criminal Records Bureau (CRB), and work within a code of ethics and practice. Counsellors do not give advice. They seek to view the problems brought to them by young people from the young person’s perspectives. By providing 2 time, confidentiality and a safe place they can help young people to talk about their worries and any problems that are affecting them and to identify ways to cope. 2. School Counselling Service in Ceredigion The School Counselling Service is a professional, confidential service available to young people in Ceredigion secondary schools. The service offers young people a regular space to talk and think about things that are important to them. The service operates in line with British Association of Counsellors and Psychotherapists (BACP) Ethical Framework and emerging Welsh Assembly Government School-based Counselling Services in Wales Strategy. The counselling service provides support for children and young people with social, emotional and behavioural concerns, supporting them in fulfilling their potential. The service consists of professionally qualified counsellors, supervisors and trainers with many years of experience of working with children and young people. The counselling service is tailored to the individual requirements of children and young people. It provides: one to one counselling for young people staff training upon request consultancy links and liaison with other appropriate agencies group work after liaison with other agencies a service which should be promoted as support and should have no stigma attached to it Counselling in primary Schools Counselling is provided to the primary schools in deprived areas, namely, Cardigan primary school and Llwyn yr Eos primary. This service is considered to be currently a pilot service. Financing the service Money is applied for from a Welsh Government Grant by Ceredigion County Council. Each school can contribute their own money to enhance the service. The grant money from the Welsh Government is applied for on a yearly basis. Since September 2012, and following new recommendations from Welsh Government, the schools should not appoint or employ counsellors. No counsellor working in your school should hold another role in the school. Ceredigion County Council commission an internal agency to manage the service 3 3. How does counselling fit with other pastoral support? A range of professionals work in schools whose role includes pastoral care of pupils and schools have responsibility for the education and development of pupils; this includes welfare matters. The School Counselling Service is a distinct and professionally regulated service, it is regarded as an additional source of specialist help generally available on school premises and in school time. Whilst it is a distinct service it operates in conjunction with the school and the education department. Each school has a link teacher designated to be a contact for ensuring that School Based Counselling Service operates efficiently in school and according to the needs of the children / young people. This link teacher would be the person to contact Area 43 (who manage and monitor and keep any data regarding school based counselling in Ceredigion) or by the Education department in Ceredigion 4. Referral procedures Access to one to one counselling sessions in school will be by self-referral by young people of Secondary School age Referrals can also be made by school staff, other professionals working with young people and parents/guardians with the young person’s consent. The school counsellor can be contacted using one of the following methods: Visiting the counsellor (on the days they are in school) at their contact point in school to arrange an appointment Telephoning the School Counselling Service at Area 43 Information and Support Service to arrange an appointment on:0800 8497979 Texting the service on: 0800 8497979 Emailing the School Counselling Service at: dropin@area43.co.uk All this information should be included in the contact book provided each year to each pupil. Dates, times and location of available counselling should also be in the contact book. Staff or parents/guardians may support young people in accessing the service however the explicit consent of the young person must be obtained by the counsellor before counselling sessions can commence. 5. Appointment system Once an appointment has been arranged the counsellor will liaise with the designated member of staff in school to inform them that the young person is 4 attending counselling in order to explain their whereabouts in the school. Where available the internal school emailing system could be used. On occasions a young person may not want to receive counselling in school, in which case it may be possible for the counsellor to arrange an alternative venue and time. It is important that the appointment system is as discreet as possible, and staff will be informed on a need-to-know basis. The designated member of staff and Head of Year will need to know a young person is receiving counselling. See appendix 1. 6. Confidentiality Confidentiality is a basic ethical principle in the counselling process. It enables a trusting relationship to develop. It allows the young person to share feelings and worries without fear of blame or reprisal. A young person's right to privacy and confidentiality is legally established in the Human Rights Act 1998 article 8. The counsellor will not pass on any detailed accounts of sessions, but may communicate periodically with school pastoral staff about general progress, with the child's permission. A young person is free to talk to anyone about their counselling sessions if they wish, but should not be directly questioned by school staff. Sometimes, it may be necessary to liaise with or refer the young person to another agency for further help. This should only happen with the young person's express permission subject to child protection and mental health concerns. Problems in maintaining confidentiality are unlikely to occur if there is mutual trust, goodwill and respect between counsellor, school, staff and parents. 6.1 What limitations are there to confidentiality? (Please refer to the School Base Counselling Tool Kit) "Any attempt to remove the principle of confidentiality in counselling will rapidly undermine the overall ethos of the school as a caring educational community." (Roger Casemore, Confidentiality & School Counselling, BACP 1995) However an individual's wishes about confidentiality may be overridden by a paramount duty to protect a child's welfare. (This depends on the issues disclosed) (A child is defined as anyone under the age of 18, Children Act 5 1989). School counsellors work in accordance with the child protection polices of individual schools and the All Wales Child Protection procedures. At the outset, the counsellor will make it clear to the young person that they may need to breach confidentiality (i.e. tell someone and seek help). This will happen when the young person or any other person is at risk of significant harm. The counsellor will discuss this with the young person again if the need arises. If the child is *`Gillick and Frazer competent', the counsellor will try to gain their consent to disclose their concerns. Where possible the counsellor will keep the young person informed and involve them in this process. School counsellors are familiar with, and work within, school child protection procedures and know how to contact the Designated Person for Child Protection in school. Even without the child's consent, it may be necessary to disclose information they have revealed. In the case of a young person threatening suicide or serious self-harm, there is a general acceptance of the need for intervention even when this involves breaking confidentiality. More minor concerns will remain confidential unless the young person wants them shared in order to seek further help. The counsellor is not required to pass on information about a young person breaking a school rule or committing an offence, unless it could be deemed that by doing so the counsellor was aiding and abetting a crime (e.g. - a young person dealing drugs in school). * Young people who are considered `Gillick and Frazer-competent' are deemed to have reached a sufficient understanding and intelligence to be capable of making his/her mind up on a matter requiring his/her decision without their parents' permission or against their parents' wishes. 7. Safeguarding / Child Protection “The counsellor is bound by the All Wales Child Protection Procedures and guidance within the Local Safeguarding Children Board (LSCB). This includes the requirement for the counsellor to identify and report possible cases of harm to children and young people, via the Designated Child Protection Person (DCPP). This would originate from any disclosures made by the young person or if the counsellor has knowledge, concerns or suspicions that a child is suffering or is likely to be at risk of harm. This will include disclosures relating to alleged physical, emotional and/or sexual abuse and/or neglect from self or other and override any confidentiality agreement made between counsellor and client. Counsellors should endeavour to keep up to date with current legislation and case law. Each Counsellor must have the school’s pastoral documentation, which includes the child protection policy, anti bullying policy and discipline 6 policy. Each counsellor is required to take part in any national, regional or local mandatory child protection training. Specific arrangements for reporting child protection concerns will be agreed with the school and set out in school procedures. All child protection concerns MUST be passed onto the DCPP who will work within Welsh Assembly Government guidance and the All Wales Child Protection Procedures. Services should pay due regard to current legislation and guidance, and offer confidentiality within usual ethical and safeguarding limits. The school and the Counsellor must work together within the requirements of Welsh Assembly Government guidance, Safeguarding Children: Working Together Under the Children Act 2004 (published in 2007): Safeguarding Children in Education: The role of local authorities and governing bodies under the Education Act 2002 (published in 2008) and the All Wales Child Protection Procedures (published in 2008). All educational establishments, independent schools and local authorities are subject to inspection by Estyn and in some cases, the Care and Social Services Inspectorate for Wales (CSSIW). The establishment’s performance in regard to their responsibility to safeguard and promote the welfare of children in accordance with the relevant legislation and guidance will form part of the relevant inspectorate’s judgement of the establishment’s overall performance. Performance in this area will not be judged solely on the existence of procedures, but on their effectiveness in terms of safeguarding children from harm.” From: School Based Counselling Operating Toolkit, BACP and WG) 8.0 Parental consent Young people may be offered one or two initial exploratory sessions with a counsellor before committing themselves, and before any involvement with parents. 8.1 When does a young person have the right to access counselling without parental consent? Sometimes a parent may withhold consent or the young person may be very distressed and unwilling for the school to approach the parents. In these cases, counselling can still go ahead if the counsellor assesses the young person as Gillick competent to consent in their own right. See appendix 2. If a young person is unwilling to involve their parents and is assessed to be competent, the young person may give their own written consent for counselling. 7 "As a general principle it is legal and acceptable for a young person to ask for confidential counselling without parental consent providing they are of sufficient understanding and intelligence." (Gillick v. West Norfolk AHA, House of Lords 1985) If they are not Gillick competent parental consent is required except in Exceptional circumstances where alternatives can be sought. Assessment of competence based on the Gillick principle depends on; The maturity of the young person The young person having sufficient intelligence and understanding to enable them to understand what is being proposed, i.e. counselling The young person having sufficient intelligence and understanding of the consequences of his or her actions A person who:a) does not have parental responsibility for a particular child but b) has care of the child; may (subject to the provisions of the Act) do whatever is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare. (Children Act 1989 s3.(5) 9.0 Counselling sessions The initial session provides an opportunity for the young person to learn more about counselling. They will be told that it is voluntary and confidential (with a few exceptions, which will be explained), start to gain trust in the counsellor, and talk a bit about their situation. The counsellor will also start to engage the young person and make an initial assessment, which will inform future work. A young person may need a second session before they decide if counselling is right for them. However, one or two sessions may be sufficient for many young people and then assessment may be a much shorter process. One to one counselling sessions normally last approximately 45 minutes. Time may need to be allocated at the end of sessions for young people to think through the issues explored during the session. It may sometimes be necessary for a young person to have access to a quiet place after a session. If a young person has missed two or more sessions once counselling has begun the designated member of staff will be informed and follow up with the young person. 8 Ending counselling sessions is usually agreed between the counsellor and the young person. If this happens the designated member of staff will be informed together with the relevant Head of Year. It may sometimes be necessary to refer young people to another agency for further help. This will be undertaken with the young person’s express permission, subject to child protection or mental health concerns. The school counsellor will establish links with other appropriate local agencies and in some cases with parents or carers. 10. Accommodation Suitable accommodation should be allocated for counselling sessions. Ideally the room should not be overlooked and be furnished in a way that differentiates it from a classroom or office. Awareness of the counselling service should be raised in schools on a termly basis. Information about when and where counselling is available should be well advertised throughout the school 11. School Counselling Service promotion Information leaflets for parents will be produced by the service in order for parents to be properly informed and aware how young people can access the service. Leaflets will be available from school counsellors. Information regarding the counselling service will be made available in school prospectus, on school website, in pastoral care literature and information leaflets. 12. Ethical Framework All school counsellors are BACP registered and operate in accordance with the ‘Ethical Framework for Good Practice’ of the British Association for Counselling and Psychotherapy (BACP). Supervision and record keeping (within data protection guidelines), evaluation forms and complaints procedures are all within this code of counsellors professional organisation. 13. Record keeping The counsellor will provide the designated member of staff with a record of; Pupils receiving counselling Parental consent sought or obtained The number of sessions attended up to the end of counselling Any further action 9 Plus Welsh Government issues – Gender basis and other statistics. All Counsellors operating this service will use the same forms for documenting data and other information (see appendix 3). The school counsellor will keep `process notes' for the duration of their work with the young people. On completion of counselling or after use in consultative professional supervision, the counsellor will ensure the safe keeping of process notes and after a reasonable period shred these. The school counsellor will comply with the Data Protection Act 1998 which covers manual notes kept in a systematic way identifying individuals, as well as those held on computer. Young people can ask to see these notes after giving reasonable notice. In certain cases, children under the age of 16 who have the capacity and understanding to take decisions about their own treatment are also entitled to decide whether personal information may be passed on and generally to have their confidence respected, for example if they were receiving counselling or treatment about something they did not wish their parent to know. Case law has established that such a child as known as “Gillick Competent”, where a child is under 16 but has sufficient understanding in relation to the proposed treatment to give, or withhold consent, consent or refusal should be respected. However, good practice dictates that the child should be encouraged to involve parents or other legal guardians in any treatment. (Guidance for Access to Health Requests under the Data Protection Act 1998) The role of Area 43 Area 43 in Cardigan are commissioned by Ceredigion County Council (through the Partnership Support Team) to manage the School Counselling Service in Ceredigion. A Service Level Agreement is renewed on an annual basis. It ensures that there are sufficient and qualified counsellors to provide an efficient service in Ceredigion. Area 43 have counsellors meeting, provide training and advice. They supervise the counsellors. They recruit new counsellors and arrange external clinical supervision. They strive to find new Welsh speaking counsellors. Area 43 collect, collate and analyse data about school based counselling in Ceredigion and provide information to the Welsh Government as and when require. All schools must make arrangements that counselling data is collected and forwarded to Area 43. They quality assure the counselling service. The Ceredigion Partnership Support Team liaises frequently with Area 43 and with the schools to ensure that counselling is provided to young people across the county. The Partnership Support Team also work with the Welsh Government to enhance and develop school based counselling nationally, regionally and locally. 10 14. Complaints procedures All School Counselling Service counsellors in Ceredigion are registered members of the BACP and abide by its Professional Conduct Procedure. The aim of the Professional Conduct Procedure is to provide complainants with an open and transparent route of remedy where complaints are made against members of the BACP. In processing such complaints, the BACP aims to protect members of the public, the name and reputation of BACP and the professions of counselling and psychotherapy. 15. Additional information This document should be read alongside; School-based Counselling Service in Wales – a National Strategy to be released in the autumn of 2007 by Welsh Assembly Government Guidelines for counselling in schools - British Association for Counselling and Psychotherapy (BACP) together with The Gulbenkian Foundation Good Practice Guidance for Counselling in Schools published by BACP ed. Janette Newton forth edition 2001. 16. This document will be reviewed on a two yearly basis References Casemore, R. (1995), Confidentiality & School Counselling, British Association of Counselling & Psychotherapists Children Act, (1989), s3.(5) DELLS. (2007), School-based Counselling Service in Wales – a National Strategy, Welsh Assembly Government House of Lords, Gillick v. West Norfolk AHA, (1985), 3 All ER 402 (HL) Newton, J. Good Practice Guidance for Counselling in Schools, British Association of Counselling & Psychotherapists 11 Bond, T. (2007), Ethical Framework for Good Practice in Counselling and Psychotherapy, British Association of Counselling & Psychotherapists Data Protection Act 1998, Guidance for Access to Health Requests, Dept. of Health Websites www.bacp.co.uk 12 Appendices Appendix 1 - Referral process Young person working with teachers other professionals or parent/guardian decide whether they would like to see school counsellor. A young person can self refer directly into the service using any of the following methods; Aided by professional or parent/guardian young person contacts the counsellor choosing one of the following methods; Visiting the counsellor in school Telephoning the service on 0800 8497979 Texting on 0800 8497979 emailing the service at; dropin@Area43.co.uk Counsellor arranges initial session with young person in liaison with the designated member of school staff Designated staff member informs relevant Head of Year that young person is about to receive counselling Once counselling sessions have been completed the school counsellor will inform designated member of staff. 13 Appendix 2 Gillick and Frazer Competence A parent does not have the right to control a child up to the age of 18. Parental control yields to the child's right to make his own decisions when the child reaches a sufficient understanding and intelligence to be capable of making up his own mind on a matter requiring his decision. Such a child is now commonly described as a Gillick competent child. In Gillick v West Norfolk and Wisbech Health Authority, the House of Lords, by a majority, held that a child under the age of 16 was capable of giving consent to medical treatment if he was capable of understanding what was proposed and of expressing his own wishes. It follows that the more mature the child, the more care should be taken to consider his wishes and feelings. In addition, where a child is 16 or 17 either parent or child can consent to treatment independently (though neither can override the other or exercise a veto). The court can, however, override the wishes of both where treatment is vital to the child's welfare. 14