#2 : Working Ethically in Community Services CHCCS411C Work Effectively in the Community Sector #2 : Working Ethically in Community Services Youtube video: Life as a social worker in Cambridgeshire http://www.youtube.com/watch?v=Mwp9oUoeJzI

Lesson Outline What are ethical guidelines? What are client’s, employees & employers rights and responsibilities? How Community Service Workers work ethically: understanding duty of care, confidentiality, conflict of interest, access & equity Youtube video: David Batstone: Unethical Behavior at Work? http://www.youtube.com/watch?v=l-nz0kojLv8&feature=related Youtube video discussion: Ask students whether they have ever seen unethical behaviour in their workplace. What strategies did they use to overcome it? Discuss ethics & consequences of whistle-blowing

What is Ethics? Always tricky to define, ethics could be broadly summed up as a system of beliefs held about what is a moral judgement and right conduct, they are moral principles (rules, guides)

Link between Ethics & Values Our values could be said to make up our ethics…Values relate to principles and attitudes that provide direction to everyday living. Values also refer to beliefs or standards considered desirable by a culture, group or individual http://www.unisanet.unisa.edu.au/Resources/13141/Course%20website%20for%20Magill%20students/Lectures/Week%2012.doc This webpage no longer works – 25/6/13

Ethical Guidelines Ethical guidelines in Community Services direct the way in which services are carried out by responding to: Client rights Employer’s rights & responsibilities Employee’s rights & responsibilities Organisation & staff rights and responsibilities Clients may be individuals, families, groups, communities Also worth mentioning legal aspects that form mandatory practices, e.g. Confidentiality – Privacy Act

Rights & Responsibilities 1. Client Rights (Individuals, Groups, Communities) Right to make decisions and have choice Right to protection Right to justice Right to adequate shelter Right to freedom of movement Right to education Rights taken from UN Declaration of Human Rights Taken a broad client’s rights approach... Follows into more specific in following slides... duty of care, confidentiality, conflict of interest. Also there is a module on Legal and Ethical practice upcoming in the course which goes into great detail.

Respecting Rights and Responsibilities in the Workplace 2. Employer Rights & Responsibilities: Employer’s responsibilities: Legal requirements for employee dismissal Legal requirements to provide safe work environment free from discrimination and sexual harassment Enterprise workplace agreements – as part of working contract arrangements, e.g. Overtime, parental leave Relevant employment legislation – wage rates, employment conditions

Rights & responsibilities Employer’s responsibilities: Provide written job descriptions and procedures for jobs Orientate staff by providing information about the organisation’s purpose, structure, programs, policies and procedures Provide initial training and ongoing training where necessary Communicate clear expectations and provide support and supervision Evaluate the efficiency & effectiveness of staff & the services provided

Rights & responsibilities 3. Employee (YOU!) Rights and Responsibilities Your rights as an employee: Wage and Leave entitlements The right to union representation Protection through commonwealth & state policy e.g. discrimination and sexual harassment in the workplace, WHS, Privacy ACT, Appropriate supervision Safe workplace environment Note: Responsibility to colleagues, the organisation, staff from other organisations, and representative of the industry...

Rights & responsibilities Your responsibilities as an employee: Duty of care Confidentiality and privacy of organisation, client and colleague information Adherence to WHS Adhere to organisational policies and procedures including ethical behaviour Attendance requirements

Rights & responsibilities Your responsibilities as an employee : Be a trained professional with attitudes, skills, and knowledge aimed at maximizing the human potential and worth of all persons Safeguard the dignity of the client Maintain the integrity of the practitioner

Rights & responsibilities 4. Organisation & Staff Responsibilities: Uphold client rights through both organisational policy/procedures and staff’s individual practice standards Duty of Care – reasonable care to avoid harm Confidentiality – maintaining privacy of client information Conflict of interest – personal interest clashes with job responsibility Duty of Care, Confidentiality, Conflict of interest will all be looked at in detail in the following slides

Rights & responsibilities Client Rights In Australia our laws are based on the rights of the citizens and their responsibilities in respect of other community members and the government itself. Recognise and respond when clients rights and interests are not being protected Protect the rights of clients when delivering services to them.

Rights and Responsibilities Both yourself (employee) and the organisation (employer) you work for have rights and responsibilities, beyond the clients who use services, which contribute to ethical working practices and more broadly... Promote safety and effectiveness!

Duty of care Your duty of care is your legal duty to take reasonable care to avoid others being harmed. First, you must take steps to identify risks: any reasonably likely harmful effects of your actions and inactions. (The law calls this reasonable foreseeability). This is not crystal ball gazing but using your skills, knowledge and experience. Youtube video: Wales this Week - Social Services Care Proceedings http://www.youtube.com/watch?v=5OOrhvWwwrw&feature=related Discuss in groups the issues here in relation to duty of care and ethics Activity: Youtube - Discuss in groups the issues here in relation to duty of care and ethics Feedback to the whole class

Duty of care Duty of Care If you identify a reasonably likely risk of harm, you must take reasonable care in response. Does have a legal basis But, underpins most of our work within the community services area too.. Basically it means reasonable care is taken in our actions and inactions to make sure others are free from harm or injury. Discussion Questions: Which people in your life do you feel you have a duty of care towards? What is the nature of that duty? What has led you to assume that duty of care? Refer to handout/link http://www.yapa.org.au/youthwork/facts/dutyofcare.php

Duty of care Breach of duty of care occurs when: A staff member has a duty of care to another Harm has occurred because of a breach of duty of care There was a minimum standard that should have been met The standard was not met

Duty of care Activity: groupwork Consider you are organising an outing for a group of young people from the youth service you work at. List what actions you would need to take to fulfill your duty of care before, during, and after the outing. Reasonable care in this situation: Appropriate number of staff, parental consent may be required, code of conduct may need to be re-iterated, appropriate communication of the outing, times, ground rules for the day. Making sure all staff have charged mobile phones, emergency contacts available, a first aid kit handy. Debrief for staff afterwards, appropriate closure with young people... Where are they going to now

Confidentiality Confidentiality Clients have a right to their personal information being kept private, except where: a.  with the client's permission referrals are to be made and other professional consultation is sought; information between workers may provide for better outcomes for clients... But clients have the right to decline! b.   failure to disclose information would put the client or others at risk... eg. Where a client says they are going to hurt themselves or others

Confidentiality Where information is shared about clients, the following steps ensure consistency: Information should only be shared on the basis that it is in the best interests of the client Client’s signed consent should be obtained before any information passed on Consent from a guardian should be obtained if the client is unable to consent

Confidentiality Your organisation’s policy on confidentiality may relate to: Storage of records Destruction of records Access to records Release of information Verbal and written communication

Confidentiality Breaches Include: Permitting someone to look over your shoulder at your computer screen. Safe guarding workplace laptops Giving out confidential information over the telephone if the caller is not authorised to have the information.

Discussion on confidentiality: How would you maintain confidentiality when chatting with co-workers, especially in community work? What is your attitude to discussing what belongings people have in their homes? Should you refer to clients by name when chatting about them – after hours? How should you ensure confidentiality with the need to give a client’s phone number to another worker in your organisation?

Notification & Reporting Identifying and reporting a breach in procedures: Breaches of organisational codes of ethics and conduct are to be reported according to organisational requirements Breaches of security could lead to lost business and legal action Activity: In relation to the ‘discussing counselling a suicidal client’ utube – discuss “confidentiality” “Duty of Care” and legal responsibilities.

Conflict of Interest Conflict of Interest Definition: A conflict of interest involves the abuse -- actual, apparent, or potential, of the trust that people have in professionals. The simplest working definition states: “A conflict of interest is a situation in which financial or other personal considerations have the potential to compromise or bias professional judgment and objectivity.”

Conflict of Interest A conflict of interest may occur when a person allows a personal interest to clash with a public duty: Often blurs the boundary between unbiased, independent actions taken by a worker or organisation E.g. City councillor takes money in exchange for confidential information; a community services worker takes substantial gift in exchange for provision of services not normally available

Conflict of Interest A potential conflict of interest involves a situation that may develop into an actual conflict of interest. A potential conflict of interest implies only the possibility of bias or unfairness, not a likelihood. It is important to ensure that no potential conflict of interest exists whether or not decisions are actually affected by a personal interest ,

Conflict of Interest Conflicts of interest may involve: Individuals Institutions Some individuals, in certain circumstances, may have conflicts occurring on both an individual and an institutional level. There are many varieties of conflicts of interest, and they appear in different settings and across all disciplines Activity: discuss in groups the possible conflict of interests that may occur in working for Child Safety (as an employee)

Identify relevant codes, rules, policies, by-laws Conflict of Interest Things to do to ensure against conflict of interest: Identify relevant codes, rules, policies, by-laws Ensure your workplace has a process to assess and manage conflict of interest i.e employees follow policy & procedures Inform/Ask a supervisor if issues arise Seek information/support from other professional bodies

Access & Equity Principals Access –need to make services available to everyone who is entitled to them, free of any form of discrimination on the basis of a person’s country of birth, language, culture, race or religion. Equity – need to develop and deliver services on the basis of fair treatment of all those clients who are eligible to receive them. Activity 1.Refer to sample access & equity policy handout/link: www.ourcommunity.com.au/files/boards/Access_&_Equity_Policy.doc Activity 2: Working ethically in Community services Case Study handout www.ourcommunity.com.au/files/boards/Access_&_Equity_Policy.doc

References An introduction to Person Centred Therapy, online video, accessed 27 May, 2012. http://www.youtube.com/watch?v=Qpfm5sY0OX0&feature=relmfu Assertiveness - Tips for being assertive & saying 'No‘, online video, accessed 28 May, 2012. http://www.youtube.com/watch?v=SZynhvBShqU Bogutz & Gordon - Legal Issues for Mental Health Care Treatment, online video, accessed 28 May, 2012. http://www.youtube.com/watch?v=lmzOmdLpzyg&feature=related Building Stronger Communities through Stronger Community Organisations, Our Community.com.au, Policy Bank, West Melbourne, accessed 20 July, 2012, date site last updated not disclosed http://www.ourcommunity.com.au/boards/boards_article.jsp?articleId=1453 Building Stronger Communities through Stronger Community Organisations, Our Community.com.au, Access & EquityPolicy, West Melbourne, accessed 13July, 2012, date site last updated not disclosed www.ourcommunity.com.au/files/boards/Access_&_Equity_Policy.doc Chenoweth L & McAuliffe D 2011 The road to social work & human service practice, 3rd edn.,Cengage Learning Australia. Corey G, Corey MS & Callanan P 2011 Issues and ethics in the helping professions, 8th edn., Cengage Learning: Brookes/Cole , United States.

References David Batstone: Unethical Behavior at Work?, online video, accessed 28 May, 2012. http://www.youtube.com/watch?v=l-nz0kojLv8&feature=related Dept. of Communities, Child Services & Disability Services, 2012, Queensland Government, What is Child Abuse?, accessed 22 July, 2012, http://www.communities.qld.gov.au/childsafety/protecting-children/what-is-child-abuse Geldard D & Geldard K 2011 Basic personal counselling : a training manual for counsellors, 7th edn., Frenchs Forest, N.S.W.Pearson,Sydney. Kenny S 2011 Developing communities for the future, 4th edn., Cengage Learning Australia. Lauren Mackler at Harvard Business School - Managing Conflict, online video, accessed 28 May, 2012. http://www.youtube.com/watch?v=HZOVWzKzpNg&feature=related Maidment J & Egan R (eds) 2009 Practice skills in social work & welfare, 2nd edn., Allen & Unwin, Australia. Managing Values Across Cultures, online vuideo, accessed 29 May, 2012. http://www.youtube.com/watch?v=4DSV1NUGS3o McDonald C, Craik C, Hawkins L & Williams J 2011 Professional practice in human services organisations, Allen & Unwin, Australia. Nick Manning , 2005, YAPA (Youth Action & Policy Association), Surry hills NSW, accessed 23 July 2012 NSWhttp://www.yapa.org.au/youthwork/facts/dutyofcare.php Reflective Practice - feedback from peers and learners, online video, accessed 29 May, 2012. http://www.youtube.com/watch?v=YmgJJrxOtaA

References The Meaning of Human Services, online video, accessed 30 May, 2012 http://www.youtube.com/watch?v=Q4XrBTBN2Ew This Could Be You: The Many Faces of Social Work, online video, accessed May 30, 2012. http://www.youtube.com/watch?v=77UGDj48oHs&feature=related The Universal Declaration of Human Rights. Welcome to the UN, it’s your world, 2012, New York, accessed 28 May, 2012. http://www.youtube.com/watch?v=77UGDj48oHs&feature=related Three Life Lessons for New Social Workers, online video, accessed May 31, 2012. http://www.youtube.com/watch?v=_b3RJbvOPtU&feature=relatedons Vanessa Allen - Aboriginal Community Worker, online video, accessed 29 May,2012 http://www.youtube.com/watch?v=ZHMrVlUh2Mo Wales this Week - Social Services Care Proceedings , online video, accessed 31 May, 2012. http://www.youtube.com/watch?v=5OOrhvWwwrw&feature=related