B.8 Management of Therapist's Role in Society

B.8.1 Law. The Gestalt therapist is informed and aware of the current national law as it applies to his/her professional work and the conduct of his/her practice or institution and is careful to observe the relevant legal prescriptions.

B.8.2 Research. The Gestalt therapist is open to co-operate with and to contribute to research work that is instrumental to further development in professional therapeutic and diagnostic work and makes his/her own research work accessible to the therapeutic community.

B.8.3 In his/her own research work, the Gestalt therapist observes the rules that respect his/her colleagues' work; and the copyrights of all professional material will be observed.

B.8.4 Responsibility to colleagues and others. The Gestalt therapist is accountable for his/her work to colleagues and employers as is appropriate, taking into account the necessity first and foremost to respect the privacy, needs and autonomy of the client as well as the contract of confidentiality agreed upon with the client.

B.8.5 The Gestalt therapist abstains from promoting publicly or privately his/her services, formation and professional qualities.

B.8.6 The Gestalt therapist observes the national professional regulations in making his/her availability by means of door plates, giving notice of opening of practice in newspapers, telephone directories or the internet.

B.8.7 The public must not be misled that a service or qualification is available which is not in fact offered as this may deprive the client of using the offer of such a service or qualification elsewhere.

B.8.8 The Gestalt therapist does not withhold information from the client about the availability of help and professional service through other colleagues and institutions.

B.8.9 The Gestalt therapist respects, also in public, the work of other colleagues and abstains from disqualifying remarks about other theoretical models, schools or colleagues in different professional roles.

B.8.10 The Gestalt therapist will not accept a task or project in which another colleague is already involved, especially when a therapeutic contract exists between the client and another therapist. In case of doubt, the Gestalt Therapist enters into dialogue with the colleague after having obtained the client’s informed consent.

B.8.11 The Gestalt therapist will not accept economic or personal benefits for referring clients to another colleague or institution.

B.8.12 A Gestalt therapist who becomes aware of the behaviour of a colleague which is likely to bring the field of psychotherapy into disrepute has a duty to confront that colleague and/or their professional association

B.8.13 Detrimental activities. The Gestalt therapist will not engage in official and private activities that might be detrimental to the reputation and ethics of his/her professional demeanour and role and the reputation of the profession itself.

B.8.14 Political aspects of therapeutic work. The Gestalt therapist is aware of the social and political implications of his/her work and the social and political aspects influencing the contexts of their clients.

B.8.15 Psychotherapy training and education. The task of Psychotherapy education is to inform those in learning of the theoretical, methodological and technical developments of psychotherapy in general and Gestalt Therapy in particular in an objective and comprehensible manner. Personal views of teachers are to be declared as such. No false expectations are to be awakened especially as far as official recognition of the education concerned by the national authorities and laws regulating psychotherapy training and the permission to carry the title “psychotherapist” as well as the funding of psychotherapy costs by the health service and insurance.

B.8.16 Gestalt Training Institutes will verify the qualifications, expectations and psycho-physical suitability of candidates and furnish clear and complete information related to the curricula and internal regulations.

B.8.17 Gestalt Training Institutes will guarantee the quality of the education both with regard to the specific competence of those teaching and supervising and to the coherence of the curricula. They provide internal control for the verification of the quality of the education and furnish space and place of updating and comparison of teaching methodology.

B.8.18 The relationship between teachers and students and among institutes will be clear and transparent. Teaching Gestalt Therapists are conscious of the specific characteristics of role relationship between those teaching and those learning and do not misuse this relationship ton their own advantage. They are especially aware of the dimensions of dependency, idealization, and assessment relevant in this relationship. Training Institutes will provide directives guiding the teacher-student relationship and a forum where problems can be addressed and resolved.

B.8.19 Institutes will periodically verify whether a student has attained a satisfactory level of training and provide suitable and transparent structures to so do.

 

B.8.20 The ethical principles of guiding and regulating the client-therapist relationship and the management of the therapist’s role in society are equally relevant to the field of teaching and training and to teachers and students (competence, confidentiality, relational issues, contracting and safety).

B.8.21 The Gestalt learning therapy of a student will be protected from possible turbulence created by role confusion on the part of the teaching therapist who will abstain from taking part in the official assessment procedure foreseen to evaluate the progress and suitability of his/her student.

B.8.22 Institutes control and secure adequate personal, didactic, clinical and scientific standards in their teaching personnel. The professional exchange among teaching therapists, their necessary supervision and further training and development has to be secured.

B.8.23 If the Gestalt therapist finds himself/herself in conflict between different or several ethical positions and requirements and cannot solve this conflict himself/herself or with the help of intervision and supervision, he/she addresses himself/herself to the ethical committee installed in his/her institute or professional association in order to get the necessary counselling.

B.9 Relationship with Former Clients

B.9.1 The Gestalt therapist remains fully accountable (responsible? ) for relationships with former clients and current trainees.

B.10 Legal Proceedings

 

Any Gestalt therapist who is a member of the ARGI and is convicted in a court of law for any criminal offence or is the subject of a successful civil action by a client will inform the ARGI board.

 

C. Complaints and Appeal Procedures

 

C.1 Complaints Procedure

C.1.1 The following procedures are intended to provide a forum for communication, presentation of points of views, investigation, reconciliation and redress in which all parties concerned in a complaint can feel supported and heard. Potentially there are three stages:

 

1) an informal meeting between the Complainant and Member complained against, with an independent person(s) to facilitate the process;

2) a formal Complaints Panel of three Members;

3) a formal appeal.

C.1.2 Complaints should be made as near as possible to the time of origin. Complaints concerning events that occurred more than seven years prior to the first contact with the Chair of the Ethics Committee will not normally be heard.

C.1.3 The party complained against must have been a Member of the ARGI at the time of the alleged breach in the Code(s) of Ethics and/or Professional Practice. An individual Member may not resign his/her membership of the ARGI during the process of a complaint or appeal.

C.1.4 Complaints concerning legal, statutory or commercial contractual matters are not within the remit of the Ethics Committee.

C.1.5 In the event that there is a grievance or complaint against a Member of the ARGI, the Complainant will submit his/her complaint in to the Chair of the Ethics Committee who will record the complaint and acknowledge the reception of the complaint to the Complainant and the Member complained against within seven working days.

C.1.6. The Ethics Committee includes four members from different training institutes. Personal structure of the Ethics Committee is confirmed by the General Meeting every year.

C.1.9. The Ethics Committee will contact the Complainant within fourteen working days to discuss the options and procedures available to the claimant. This committee member will, as the first step, encourage the Complainant to engage in informal dialogue with the Member in order to come to a mutually satisfactorily agreement as a resolution.

C.1.10. In the event that this informal dialogue is not feasible, or does not result in a resolution, this same committee member will strongly recommend that two mediators, who are not necessarily ARGI members and who are acceptable to both parties be appointed to mediate in a dialogue process between them.

C.1.11. In the event that the mediation is rejected or does not result in a resolution, the Complainant may submit a formal written complaint that is directed to the Chair of the Ethics Committee of the ARGI. The Ethics Committee may return the written complaint to the Complainant for further clarification regarding the format and/or the content of the complaint. At this time the Member complained against will receive a written notification of the complaint.

C.1.12. Ethics Committee will determine as quickly as possible if the complaint contains sufficient grounds for a formal complaint. When this is the case, the Chair will record the complaint and acknowledge the reception of the complaint to the Complainant. In the event that the Complaints Committee determines that the complaint does not contain sufficient grounds, the Chair will notify the complainant of his/her considerations.

C.1.13. If the complaint is accepted, then a copy of the written complaint will be sent to the Member complained against at the same time as the Complainant is notified. The Member is expected to send a written response to the complaint, within twenty-one working days of receiving it, to the Chair of the Ethics Committee who will forward a copy to the Complainant.

C.1.14. The Chair appoints a Complaints Panel consisting of three Members to address this particular complaint. There will be twenty one working days granted to this appointment process. If availability of Members or other practical considerations hinder the appointment, this may result in a delay which needs to be communicated and an extension of twenty one working days granted.

C1.15. The Complaints Panel notifies both parties of the particulars of the arbitration meeting. This would usually involve a face to face meeting of the panel with both parties present. When not feasible, the Complaints Panel will determine an alternative form of verbal communication within a reasonable time frame.

C.1.16. The Panel will require all relevant documentation no later than twenty working days before the arbitration meeting so that this can be forwarded to the other party and the Panel.

C.1.17. The Complaints Panel will send a written report of the arbitration meeting and their recommendations to the Chair of the Ethics Committee within ten working days. Copies of the report will be forwarded by the Chair of the Complaints Committee to the Complainant and the Member complained against within one week of receiving it. The Ethics Committee is available for consultation concerning the equivalence of sanctions proposed by the Complaints Panel.

C.1.18. The report will clarify the nature of the complaint, the procedures followed and the outcome of the process for both parties. The Panel's concluding options are: that the matter has been resolved to the reasonable satisfaction of all parties; that no further action be taken; that the complaint is not upheld in any respect; that the complaint is upheld in some or all respects. If the complaint is upheld, then the report will include specific statements as to whether each of the alleged breaches of clauses of the Code of Ethics and Practice is upheld. The Complaints Panel may recommend any of the following sanctions, only if the complaint is upheld in any respect: additional supervision; review of the Member's practice; further training; a formal warning and requiring an undertaking that the Member ceases to work in a particular manner. Suspension or withdrawal of Membership may be recommended in cases of gross professional misconduct, such as active sexual involvement with a client. Complaints Panels should stipulate time scales by which sanctions should have been completed. The Ethics Committee is responsible for monitoring this process and reporting back to the ARGI Board when the sanctions have been met.

C.1.19. The outcome of complaints which are upheld will be notified to the ARGI Board. Recommendation of suspension or withdrawal of Membership will be reported to the Board for the Board’s ratification. The Complainant and Member complained against will be notified as to whether the complaint has been upheld or not within twenty one working days of the Panel meeting. The Member complained against will be notified about any sanctions they are required to fulfil and the time schedule required for completion. When the Board’s ratification is required, parties will be notified within ten working days of the Board’s next meeting.

C.1.20. The process of complaintmight have a fee. This fee, and relevant expense, will be paid for by the complainant or, if substantiated, by the Member complained against. The negotiation of the level of fees for this remains at the discretion of the Complaints Panel.

 

C.2 Appeals Procedure

C.2.1 The Member complained against and the Complainant may appeal against the outcome of the Complaints Panel. A decision to appeal should be sent to the Chair of the Appeal Committee within fifteen working days subsequent to the receipt of the Complaint Panel’s report.

C.2.2 The appellant is required to give clear and convincing reasons to support his or her opinion that one or both of the following conditions have been met:

- that the outcome of the complaint is inappropriate to the situation.

- that the published procedures for managing complaints were not followed to such an extent that the outcome was prejudiced in some way.

C.2.3 The appeal is considered by the Appeal Committee, which determines whether there is just cause for appeal.

C.2.4. The Appeal Committee includes four members from different training institutes. Personal structure of the Appeal Committee is confirmed by the General Meeting every year.

C.2.5. The process of appeal has the same fee structure as the Complaints Procedure. The negotiation of the level of fees for this remains at the discretion of the Appeals Panel.

C.2.6. If the appeal is accepted by the Chair of the Appeal Committee s/he will inform both parties to the appeal. The presence of both parties will only be required at the discretion of the Appeals Panel.

C.2.7. The Appeals Panel includes three of four members of the Appeal Committee (one of them is the coordinator of this particular case) and one independent expert.

C.2.8. The Appeals Process, once the appeal has been accepted, will be completed within thirty working days.

C.2.9. The decision of the Appeal Panel will be conveyed in writing within seven working days to the Chair of the Ethics Committee and the Chair of the Board. The Chair of the Appeal Committee will inform the Appellant(s) of the outcome within seven working days. This decision will be final and binding for all parties concerned.

C.2.10. All evidence and other written documents and testimony from the appeal will be stored in compliance with legal regulations.

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