Any professional who is involved in work with the public may, at times, find themselves in ambiguous situations which require a degree of judgement to determine an appropriate course of action. Sometimes the right thing to do is not always clear cut.
This policy and guidance provide information about how to avoid unnecessary and unwanted allegations, how to react in given situations and some advice about what may or may not be appropriate.
Relationships with learners and clients
Can a sexual relationship with a client/learner be allowed?
A sexual relationship with a young person under 16 is illegal and the Police would be informed. A relationship of this nature is gross misconduct and will lead to dismissal.
A sexual relationship with a young person aged 16 to 19 that you are currently working with (or 25 if the young person has Learning Difficulties or Disabilities) is also unacceptable. Although the age of the young person means that they are over the legal age of consent for sex, if a member of staff were to have a relationship with a client/learner this may be regarded as professional abuse (due to issues of power and control). This also constitutes gross misconduct.
If you have any query about the appropriateness of a relationship you are involved in, or understand a colleague to be involved in, it is your responsibility to inform your line manager.
Can I form a close personal relationship or friendship with a client/learner who I have met through work?
If a member of staff already has a relationship with a client/learner prior to accessing our services, it is their responsibility to inform their line manager. The line manager is responsible for ensuring that the client/learner is referred to another member of staff to avoid compromising professional boundaries.
It’s natural for a member of staff to feel that they have a bond with a client/learner, particularly if they have been working closely with them over an extended period. However, there is a risk that the client/learner could interpret this as a friendship (or more) – staff need to ensure that the professional boundaries are not compromised.
These are examples of behaviours which may indicate that professional boundaries are being crossed. Where such behaviours have been exhibited by staff or client/learner, it is important to address the issue with a manager immediately.
What about physical contact with a client/learner?
Intimate physical contact with a client/learner such as kissing, even on the cheek, is certainly outside the boundaries of acceptable physical contact and may be dealt with through the disciplinary procedure if it comes to light.
Occasionally a client/learner might instigate physical contact with you e.g., they give a hug at the end of an intervention. Be careful that you are not placing yourself in a comprising situation! If this is a regular occurrence, then discuss appropriate future actions with your line manager.
Any form of physical contact might be misinterpreted by a client/learner which may result in the person feeling uncomfortable, threatened, or even confused about the nature of the professional relationship which you have with them.
Be aware of the need for personal space that people have. It is not appropriate to sit too close to a client/learner – invading their personal space.
The way that you look at a client/learner can impact on their perception of personal space. If a client/learner feels that you are ‘eyeing them up’ or being leery in any kind of way this will make the person feel uncomfortable and could impact on their willingness to engage with our services.
Can I give medication to a client/learner?
Personal information
What personal information can I share with a client/learner?
Never give your:
Contact with clients/learners outside of planned sessions or meetings should be through business communication channels only e.g., business mobile, work email etc. If a client/learner abuses the system e.g., verbal abuse, over-familiarity, inappropriate messages, you should not respond but, instead, inform your line manager.
All interactions with a client/learner should be within professional boundaries and designed to help and assist that person. It is not necessary or appropriate to disclose personal details about yourself.
Personal disclosures may not only be unhelpful to the work that you are doing with the client/learner, but they may place you in danger or difficulties should the client/learner seek to abuse the knowledge that they have of you.
What life experiences can I share with a client/learner?
There are some life experiences which should not be shared with a client/learner regardless of the situation. Such experiences include:
There may be rare exceptions to this, for example, where a member of staff is specifically employed to share their experiences to help clients/learners move forward.
The inappropriate disclosure of information to a client/learner could, ultimately, lead to your work activities being investigated under the disciplinary or capability procedures.
It is very important that you think carefully about what you choose to share with a client/learner.
If you have any doubt what should or should not tell young people you should speak with your line manager about it.
If you are in doubt about sharing an experience with a client/learner, it is always better not to share the information.
What information can I give out about colleagues, learners or customers to external callers?
If a colleague is not available you should say “Sorry, s/he is not available until …. I can take a message and ask them to contact you on their return”.
If the matter needs to be dealt with prior to your colleague’s return to the office you should ask the caller about the nature of their query and refer the matter to an appropriate colleague or line manager.
It is important to be conscious of the information being sought by callers as disclosure can have serious implications for a colleague, learner or customer.
Here are some reasons why caution should be exercised when someone tries to gain information about a colleague, learner or customer:
Data Protection
Can I leave my work mobile phone switched on during the evening or at weekends in case a client/learner wants to contact me?
It’s important to ensure that the boundary between working time and your own private life is a clear one. Clients/learners should not have the expectation that they can contact you 24 hours per day. If you receive an out of hours call, you may decide not to answer and allow the caller to leave a message.
If, however, you answer the phone outside of work hours, you may not be able to provide immediate help to the client/learner in these circumstances. Be polite, explain that you cannot help at the moment and commit to contacting them on the next working day.
If the client/learner is in danger take the details of where they are and contact the police and/or children’s or social services out of hours service. Under no circumstances should you go to meet the client/learner.
A client/learner is persistently calling me or texting me on my work mobile phone. What should I do?
If a client/learner calls or texts you more often than you would normally expect then you should raise this issue with your line manager and agree an appropriate course of action to deal with the issue.
In terms of ‘How often is too often?’ you should alert your manager if a client/learner contacts you significantly more frequently than other clients/learners on your caseload.
I have received a text message(s) from a client/learner on my caseload which are offensive or abusive. What should I do?
The manager will then decide on appropriate action to be taken to safeguard you e.g., contacting the Police and/or withdrawing the client/learner from our service.
It is very important that records of the text messages are kept because if the messages were to become very abusive or threatening it may be necessary to involve the Police who will require evidence. A Safeguarding Officer must always be informed in such instances.
Should I allow a client/learner to use my work mobile phone?
Yes, you can – but only in an emergency such as a call for medical or Police assistance. The client/learner might need to speak with someone urgently to resolve an issue or speak to someone in connection with the service we are providing. You should, however, ensure that you are in the company of the client/learner when they are making the call so that it is not used inappropriately or stolen.
Is it appropriate to communicate personally with clients/learners using social networking internet sites?
If a client/learner attempts to contact you through this method then you should not respond and let your Line Manager know. It is important to ensure that the boundary between working time and your own private life is a clear one. If you use social networking sites personally, you should always set your privacy settings at the maximum so that personal information cannot be viewed universally.
What about language?
Swearing and inappropriate language and discriminatory remarks are totally unacceptable! Where clients/learners use offensive or inappropriate language, this should be challenged. Discrimination of any kind should always be challenged (as per our Equality and Diversity policy and guidance).
Where a client/learner uses, terms of endearment, over familiar, disrespectful language or offensive language they should be made aware that this is not acceptable. The ‘workplace culture’ of swearing is no excuse for using offensive language and should not be encouraged.
When use by staff is regarded as a disciplinary matter. Care needs to be taken in using appropriate language with clients/learners and colleagues. Avoid over familiar language or terms of endearment such as love, sweetie etc. This might be misinterpreted by a client/learner and may result in the person feeling uncomfortable, patronised, or even confused about the nature of the professional relationship you have with them. It might also be considered offensive to some clients/learners and colleagues.
Can I take photographs of clients/learners?
Not without their permission and for learners under 16, you must obtain parents or carers. Consent must also be gained for the photographs or video recordings to be used for publicity or display purposes. Never take photographs or videos of clients/learners on your mobile phone.
Staying Safe
What should I do if clients/learners are fighting in the centre?
Remember that physical intervention/restraint is the absolute last resort in managing conflict. Other methods of de-escalating the situation should be attempted prior to any physical intervention.
It is not unlawful for any individual to effect physical restraint/intervention on their own as no law prohibits it. If you choose to intervene in the situation every effort should be made to secure the presence of another member of staff to ensure that any action taken is both safe and successful. It would be an error of judgement if a member of staff tried to restrain/hold someone without proper assistance and in so doing caused injury to himself/herself or the assailant because the intervention was handled ineptly.
Please be aware that whatever action is taken must be reasonable and justified and consistent with the concept of reasonable force. If the intervention is inappropriate, it shall be classed as an assault.
As physical restraint is an activity that carries with it a degree of operational risk it must be suitably and sufficiently assessed for risk.
How should I dress when working with clients/learners?
This does not mean that formal clothing such as a suit or shirt and tie are required to be worn, unless this is the norm in the environment that you will be working.
It may be that casual dress is more appropriate to the situation, for example in a community centre, workshop, and this form of dress can help to put clients/learners at ease. However, whatever the environment you are working in and whatever mode of dress you are wearing, clothing should always be clean and smart, even if casual.
It is never appropriate to wear clothing that is revealing, sexually suggestive or potentially offensive. This is not only unprofessional, but it can send the wrong messages to the client/learner with whom you are working, and it may even endanger your safety.
A common-sense approach to this issue is advocated. However, if your line manager feels the need to query your standard of dress it is essential that their opinion is respected and that instructions to change the type of clothing that you are wearing are followed.
Can I give a lift to a client/learner?
What should I do if a client/learner wants to meet me about a work-related issue outside of normal working hours?
What should I do if a client/learner is in crisis and it is necessary to work late into the evening/night to resolve the issue?
What should I do if I am working alone?
You should also take precautions to ensure your own personal safety, for example:
Where a home visit is necessary, it should firstly be approved by your line manager and two members of staff should attend, where possible. Records should always be reviewed prior to a Home Visit and if indicators are present or information is known, which may pose a risk to staff, a client risk assessment, must be conducted prior to a home visit. Where line management consider the risk too high services will be withdrawn.
Summary – Do’s and Don’ts
What should you do?
✓ Always behave professionally – don’t leave your open to criticism, allegation or complaint – keep within professional boundaries
✓ Avoid physical contact with clients/learners
✓ If anyone complains about someone’s behaviour, re-assure that you will take seriously what is said and if it concerns you, tell your manager immediately
✓ If you ever suspect anything untoward about a learner’s/client’s behaviour, then share it with someone, preferably your manager
✓ Be vigilant when working alone anywhere and transporting equipment etc. from your vehicle
✓ Report any Safeguarding issue to a Designated Safeguarding Officer/line Manager or the Health and Safety Manager, as appropriate
What shouldn’t you do?
✘ Share personal information about yourself or your colleagues
✘ Give lifts to clients/learners
✘ Arrange to meet a client/learner off site or at their home, unless home visits are part of your normal job role and, then always follow procedures
✘ Use inappropriate, suggestive or offensive language
✘ Befriend clients/learners on social networks and keep your privacy settings to maximum
✘ Respond to inappropriate, threatening or offensive messages or phone calls