Publications from ODSW Social Insights: Letters by DSW (Vol 1) | Page 131

Ethics 2

When determining what constitutes a duty of care, the court considers what
a reasonable social worker, acting prudently, would do in a similar situation.
And in making this determination, the court may consider the Code of Ethics,
even if the social worker is not a member of the national association. This is
because the standards of practice in the Code can be used to define what a
reasonable and prudent social worker should do.

Professional review process
Consider a client who is suffering from an eating disorder and continues to
see the social worker who relied on literature she read and what she had
learnt in a few talks about eating disorders to counsel her client. A few
months later, the client is hospitalised for symptoms of severe malnutrition. If
the client sues the worker, the court may consider the Code. In this case, the
worker has acted outside the worker’s area of competence. (You can read the
detailed commentary of such a scenario here: http://ethicalsocialwork.wix.
com/ethicalsocialwork)
Although the forgoing discussion focuses on client complaints that can go
to a professional association, a regulatory body, the criminal or civil court,
most client complaints do not go to such formal dispute resolution processes.
Consider a client who feels that a worker was disrespectful because the
worker touched the client’s shoulder without permission. This touching was
a one-time incident. The client comes from a background in which men are
expected to avoid touching women in this manner unless they are married.
The worker’s actions could be interpreted as a breach of the Code regarding
cultural competence, as well as maintaining culturally appropriate physical
boundaries.
So, will this case go to the national association professional review process?
Although the client has a valid concern over the incident, she may not want
to report to the national association. The client may handle the incident by
speaking to the worker and handle the situation informally. If this does not
work, the client may go to the worker’s supervisor or program director. If
the client does file a complaint with the national association, it will need to
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