IF SOMEONE COMPLAINS TO NZAC ABOUT YOU, GUIDELINES FOR HOW TO RESPOND Working in the counselling field has many pleasures and perils (Paton, 1995). One of the potential perils is the possibility of having a complaint made about your work. Jamieson (2001, p.19) indicates: “The experience of being subject of a professional practice complaint is without question one of the most personally traumatic events a therapist may face during their career”. Whilst there are “Guidelines for Making a Complaint” (NZAC Handbook, p 57) I am not aware of guidelines for the counsellor who is the subject of a complaint. So, the purpose of this article is to give some guidelines for handling and responding to a complaint. In writing this article, I am drawing on the experience of having two concerns expressed in writing to me about my work, being a supervisor of someone who has been through the complaints process and my involvement on the NZAC Ethics Committee, including processing complaints and attending hearings. Usually the first response to receiving a complaint is one of shock and disbelief. The survival tactics of flight or fight may be activated as well as other strong feelings such as outrage, indignation, fear, shame and the need for revenge. There may also be a risk of falling into the position of impotent victim. The following are some suggestions about how to cope and manage this situation constructively. In the first instance pause and take a deep breath! Acting or responding from the place of reactivity and panic is likely to result in further complications. Hence it is important to have a supervision session as soon as possible. You could also contract with a colleague for an opportunity to have a confidential “blowout” as a way of letting off steam and allowing those initial reactions to have a voice in a safe environment. They can also assist you to see any misunderstandings or misconceptions. Jamieson (2001, p.22) suggests securing the services of a tried and trusted friend and ideally one who is not a member of the profession:” to provide support and succour”. He also mentions having your own counselling to help you to deepen your understanding of yourself as well as managing the complaint and helping to keep the internal and professional boundaries in place. At any point in the process you may want to access the procedural advisor (previously known as contact person) offered by NZAC. Their role is to provide support and guidance. They have a knowledge and understanding of the complaints procedure and how it operates. Jamieson (2001, p.23) suggests the provision of contact persons can “help therapists handle their often ambivalent or angry feelings towards their professional body for accepting a complaint.” NZAC also employs an Ethics Administrator who may be able to guide you through the procedures. Some members may have a belief that NZAC should be “on their side” and they may find the impartiality of the administrator difficult to handle. However it is important that the clarity of their role is maintained in order to protect the integrity of the process. It is also advisable, if you have professional indemnity insurance to contact the insurance agent. For NZAC this is Rosser Insurance Services, Wellington. If you work for an employer, then Jamieson (2001, p.20) suggests you should also inform them. If you are in private practice and have contracts with Family Court, you are expected to notify them. The NZAC complaints process is clearly outlined in the Handbook and begins with the client or concerned person (Complainant) sending a letter of concern to the NZAC Office. The client’s concern is considered by the Ethics administrator, the NZAC legal advisor and the Convenor of the Ethics Committee. A decision is made about whether the “behaviour complained about is potentially prejudicial to the interests of the Association or there is potential evidence of professional misconduct or conduct unbecoming a Member” (Complaints Process, 2002). For the rest of the article I will refer to this as “unethical” behaviour, rather than rewriting this whole sentence every time. If it appears that the behaviour is not unethical, then the complainant is notified and the counsellor is not informed. I believe this is not a wise choice, as I think it would be useful for counsellors to know that such a concern has been expressed in order that they could consider their practices. I know I was grateful for the opportunity to look more closely at the choices I was making and it did enable me to provide a safer practice as a result of knowing about these concerns. If a decision is made that the concern is potentially unethical then one of two things will happen, either the counsellor will be asked to provide more information in order for a decision to be made about whether to proceed or not, or the concern becomes a formal complaint and the counsellor will be sent a registered letter. This is a critical step and during the time I was processing complaints on the Ethics Committee, I noticed that in some instances, the counsellors written response had elements of the same concerns expressed by the client, especially those counsellors who came from a reactive, defensive, attacking position in responding to the complaint. I have outlined the following steps as guidelines for responding at this stage. You may find it useful to consider undertaking this from the perspective of this being about someone else in order to externalise the complaint and therefore reduce the risk of personalising and reacting from an emotionally charged position. 1. Take note of and diary the date for the deadline for making your response. If you think you will need more time than stated by NZAC, request an extension providing reasons for the request. 2. Read over the letter of “concern” carefully. Frame it in this way in order to minimise the panic and reactivity. Identify all of the issues raised in the letter from the complainant, by either highlighting the letter or making a separate list. 3. Identify each of the concerns separately, if there is more than one. 4. Locate all the information you have regarding the work with this client. For example: client’s notes, your own process notes, diary times, dates of missed appointments, letters written to or received from the client, dates of phone calls made to or received from the client, details of contact with any other agencies or people about the client, accounts, times of discussing the case in supervision. 5. Check with your supervisor to ascertain if they have made any notes on discussions you may have had with them about the case. It would be useful for them to provide some written material as part of your submission. 6. Create what Jamieson (2001, p.25) refers to as a “comprehensive and accurate chronological record of events” beginning with the first contact with the client. 7. For each concern consider the material you have and how this might be used to demonstrate your accountability in terms of the allegations made against you. Include the relevant evidence in appendices, with clear headings. 8. Write your response and show it to your supervisor in order to ensure that you have maintained a position of personal and professional integrity. 9. For the final copy, number the pages in order to be able to refer more easily to the material. Include a list of contents so they are easier to access. Some respondents have employed a legal adviser to assist them. The NZAC Complaints process is not a legal process as such and whilst there is provision for legal involvement, the NZAC system is different to the court system. My experience in hearing complaints lead me to believe that a heavy legal presence may inflame the situation unnecessarily and encourage greater defensiveness on the part of the complainant. Jamieson (2001, p.21) also refers to a word of warning and advice about jurisdiction, a process of challenging the right of the professional body to conduct the proceedings at all, which he suggests can be a waste of time and money. If the panel considering the complaint decides that mediation is appropriate, then it would be advisable to find out about how this process works. As part of your preparation, consider what you would be prepared to undertake, should that be an outcome of the mediation. It may also be useful to be aware of what you would not be prepared to agree to. If you have considered this carefully and written it down in a situation of calm rationality, you will be able to use it during the mediation when your anxiety level may be higher. If a formal hearing is decided upon, then you need to prepare for that as logically and calmly as possible. Decide who would be the most appropriate support person or if you think it necessary a legal counsel. Spend some time with them prior to the hearing and outline to them what you need of them at the time of the hearing. If necessary practice responding to likely questions the panel may ask you, so that you can listen carefully and respond as factually as you can. As there can be considerable delay from when you submit your written response to the time of closing the complaint it is important that you handle the waiting time constructively. There is the potential for a loss of confidence and a denting to your sense of competence. If necessary you may choose to have extra supervision sessions during this time of vulnerability. Whilst the process of being complained against can be demoralising, I also believe it has the potential to be beneficial and enhancing of professional competency. The key to surviving and learning is to maintain a position of openness, to keep focussed and to access support and assistance where necessary. References Complaints Process (2002), NZAC Handbook p.53 – 56. Guidelines for Making a Complaint (2002) NZAC Handbook, p 57 Jamieson (2001) Surviving a Complaint- a Practical Guide” in Roger Casemore (Ed) Surviving Complaints against Counsellors and Psychotherapists, PCCS Books, UK Paton, I.E.M. (1995) Perils and Pleasures of Private Practice- An Update NZAC Journal Vol. 17 (2) p.45 – 50 Thanks to Carol White for assistance in writing this article.