What are the Limits of Confidentiality?

Once again, I want to stress the importance of confidentiality with clients and its limits. Knowing that what is said during sessions will remain between just the two of you will create a sense of safety. This will allow the client to be more honest and vulnerable. This will strengthen your relational bond and make the work much more effective. 

Define Confidentiality

Confidentiality means we do not share session details with our friends or coworkers or share personal information outside of sessions. If we need guidance about our clients, we keep names and details to ourselves. Generally, confidentiality comes first… but there are a few exceptions, such as breaches of a code of conduct or mandatory reporting. 

When and How to Report

I have found that it is a rarity to make a mandatory report, but every mentor/supervisor should know exactly how and when to make such a report. Laws vary depending on the jurisdiction of your area, so you should know what is required to report in your location, as well as the location of your clients. If you want to learn more about mandatory reporting, here is a link to our blog exploring the topic:

Ethical reporting should also be taken into consideration. It is different from mandatory reporting and more nuanced. Ethical reporting is when there are ethical boundaries with your practice licence, membership, or association. You should also be aware of all the ethical reporting you agree to when joining any association or organisation.

Code of Conduct and Issues that May Occur

Code of Conduct issues can be more complicated. These arise when an organisation brings you in to work with employees, and you may be held to ethical boundaries that the organisation itself has set. These are most often not legal issues but moral ones. An example might be a client who wishes to begin a romantic relationship with a coworker, though the organisation does not allow this. Your role here is not to tattle to their superiors or scold them yourself. You are meant to be a safe place for people to explore their values and alignments. Your job is to ask questions to explore these thoughts and actions. What will happen if you go down this path? How will it impact everything around you? And encourage them to speak to the people who can help them. 

Explaining your boundaries and role to the client and the organisation is crucial in these situations. The people who have brought you in should know that you are not there to discipline or discover corruption within the organisation but to provide a safe place and unbiased guidance. You can explain to both parties that you will end the professional relationship if the client pushes against the code of conduct and you feel ethically concerned. You will not break the client’s confidence, but you cannot continue working with them. 

Being Aware

We should always be aware of when our clients are in a dangerous space, whether they have the potential to harm themselves or others or are potentially involved in illicit or corrupt behaviour. If you are uncertain, the best practice is often to watch and see. How serious is the problem? Is the client hiding information from you? How well do you know the client, and how likely is dishonesty?

However, it is hard to know the truth. Know who you can speak to if you are in doubt. Your supervisor (without sharing any names or personal details) is someone to ask for guidance. If it is on the borderline, you can go to authorities or various hotlines (in Australia, Safe Church is a great resource) and ask, “Is this something I need to report? Our job is to look after their well-being, but it can require patience. It is always better to guide and encourage the client to make wise choices rather than forcing a result. 

The main thing to remember is that confidentiality should be maintained as much as possible. Unless you feel certain harm is imminent, keep wherever it is said in your sessions to yourself. No matter how fascinating, dramatic or wild a client’s information is, maintain confidentiality. Without confidentiality, there can be no trust between the client and mentor/supervisor and without trust, there is no safety. However, know the rare cases where confidentiality can or must be broken and ensure your client (both the individual and company) fully understands these cases when engaging with them. 

I have found these tips helpful in explaining the limit of confidentiality: 

Ask questions. You can ensure that your client understands the limits of confidentiality by asking simple questions to check their comprehension, such as, “When would I have to break confidentiality?” “What would it look like if I did report certain information?” Also, give the client plenty of time to ask their questions. 

Annual Reveiws. I like to revisit our original contracts with my clients at least once a year. During this time, we can make necessary amendments, and it is also a great time to remind clients about mandated reporting. 

Know your legal responsibilities and boundaries: You should know what to do in worst-case scenarios. Understand who you should report to if that is needed. Know your ethical boundaries and what would make you step back from a client or an organisation you are working with—source: great legal advice.

What’s next: check out the coming cohort early 2025  Mentoring and Professional Supervision Essentials and register your interest. https://vervelead.com/mentor-growth-track/mentor-essentials/