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Guidelines
on Code of Practice of Registered Social Workers Foreword The Code of Practice for Social Workers (the Code) came into force following its gazettal on 16 October 1998. Subsequently, the Social Workers Registration Board drew up the Guidelines on Code of Practice for Social Workers (the Guidelines) to help social workers deepen their understanding of the Code, and through the specific provisions in the Guidelines, to enable social workers to better grasp the main provisions of the Code and their interpretation so as to implement and observe the standards as laid down in the Code. The Guidelines is not part of the Code of Practice. It is a mere reference document to the Code of Practice. It will not be used by the Registration Board as the basis for determining whether or not a social worker has violated professional conduct. However, the Disciplinary Committee (DC) may use the Guidelines in ways pertinent and appropriate, including to analyse the various issues in the complaint cases, etc. When the DC refers to the Guidelines for such purposes, it shall take into account all the facts and circumstances of the case and will not fetter its discretion by its reference to the Guidelines. As the Guidelines may be used by the DC in disciplinary hearings as a reference material, the Board will make all necessary arrangements to ensure that all registered social workers are informed of or are in possession of the latest version of the Guidelines. In this respect, the Board will consult RSWs on any proposed amendments to the Guidelines. After approval of the proposed amendments, the Board will promulgate the latest version of the Guidelines through various channels to RSWs. As
the Guidelines is a reference document, it cannot set out exhaustively
all possible circumstances or cover every incident. Therefore, when providing
services, social workers should use the Code as the guiding principle
and the Guidelines as a reference. To provide their clients with appropriate
and professional service, the social workers should, in the light of the
circumstances, make professional and responsible judgments after considering
and balancing the individual interests of the clients with the rights
of their significant others (including other family members, the agency,
the community and the society at large). Principles
of Practice I) Related to Clients 1. The social worker has a primary responsibility to the clients. Guidelines
1.2 Social workers should provide services to their clients within their competence, based on their education, training, supervised experience, and relevant professional knowledge and skills.
1.3 Social workers should refrain from providing services to clients when the social workers are aware of their personal reasons and value conflict which may lead to inappropriate or inadequate service or may cause harm to the clients. 1.4
Social workers should avoid as far as possible relationships and/or commitments
that may conflict with the interests of clients. If a conflict of interest
is likely or unavoidable, the social workers should as far as possible
declare and make such conflict of interests known to the clients and inform
the clients of their rights to terminate the service or to request transfer. 1.5
In cases of a change of post or job, or termination of service, social
workers should, except under unusual circumstances or situations beyond
their control, make proper arrangement for the preparation of the clients
and the handing-over of the work to another colleague, giving careful
consideration to possible negative factors in the situation and taking
care to minimize possible adverse effects. 1.6
Social workers should make reasonable effort to foster self-determination
and autonomy on the part of clients. In cases of small children or people
who are mentally incapacitated, the social workers should respect their
rights and their ability in making choices related to their own interests. Guidelines 2.1
Social workers should as far as possible inform clients of their rights,
obligations, opportunities and risks associated with the social service
delivered to them at the initial stage and in a language and manner which
are appropriate to the clients’ background and ability.
2.2
Social workers should duly inform clients of workers’ names, positions,
roles, and the status as registered social workers. 2.3
Social workers should inform clients of the channels for them to make
complaints. Workers should not deter clients from lodging complaints with
the employing agency or other authorities against them. 3.
The social worker should as far as possible inform clients fully about
the limits of confidentiality in a given situation, the purpose for which
information is obtained, and how it may be used. In publication of case
material, the social worker should make the necessary and responsible
efforts to remove all identification information and to seek consent,
as far as possible, from the clients and the employing agency. Guidelines 3.1 Social workers employed in a particular social welfare agency are agents of the agency to provide services to clients. Unless the social workers are assigned to handle a particular case or to assist (including supervising) other colleagues to handle that particular case, the social workers have no right of access to that client’s case file. 3.2 Sharing of information with other colleagues should be purposeful, such as in order to obtain advice and support from colleagues about the case. In case of conferences within agency, information sharing should be purposeful and relevant to professional exchange. 3.3 When it is necessary for other non-professional colleagues (e.g. typist) to have access to confidential information, social workers should take reasonable steps to keep them informed of the need of confidentiality of the information they may acquire. If the social workers view that this principle is not complied with, they should take reasonable action to prevent recurrence of such an event. Individual social workers should be alert and, when necessary, remind co-operating colleagues to avoid the possibility of disclosing confidential information. 3.4 All identifiable information of clients (e.g. name, address, name of school or work place etc.) should not be provided in any form of communication except for transferring cases or case referrals. 3.5 Informed consent has to be obtained from the clients and the employing agency for the release of clients’ information. If the social workers are of the view that the clients are not capable of making an appropriate decision, informed consent from the clients’ guardians should be obtained. Social workers should make reasonable efforts to remove any information contained in the case material that may reveal the identity of the clients to someone who is casually related to the clients (e.g. neighbours, workmates, school teachers, etc.). If personal information of clients should be disclosed, the social workers should obtain the clients’ prior consent and assess whether the clients might have the ability to estimate the consequences of making such a decision. 3.6 In circumstances where there is sufficient evidence to raise serious concern about the safety or interests of clients or of others who may be affected by the clients’ behavior, social workers should take such steps as are judged necessary to inform appropriate third parties even without the prior consent of the clients. Whether the social workers should alert the clients about going beyond the limits of confidentiality depends on the judgment of any reasonable person that the serious concern under consideration may exacerbate or transform into something even worse. 3.7 Seeking information from other people who know the clients may reveal that the clients are currently receiving service from the social workers. Unless there is sufficient evidence to raise serious concern about the safety or interests of the clients, the social workers should obtain the informed consent of the clients before making such contacts. 3.8 The clients have the right to know about the information relating to themselves that are being stored in their own case files and to access the information that is provided by themselves or consequential to the information provided by the clients, (e.g. opinions of the social workers, diagnosis, treatment plan, etc.) Information obtained from other sources, or their consequentials, should also be accessible to the clients and consent of the clients have to be sought before the relevant contacts are made, except when the clients have given up such a right prior to the social workers’ action to obtain such information. The access of the clients to such information may only be limited in the circumstances where there is sufficient evidence to raise serious concern that the safety or interests of clients or concerned persons will be jeopardized. If the guardians of the clients wish to obtain information about the clients, they must first seek the consent of the clients. At the same time, the social workers must make a judgment as to whether or not the clients have the capability to make an appropriate decision and whether or not the decision so made is in the interests of the clients. 3.9 After termination of the service relationship, the social workers should not continue to possess or keep files or information about the clients, in any records or form of storage, whether electronic, literal or audio-visual. 3.10
Should the social workers receive a request from the police to provide
personal information about their clients, the social workers should first
seek the consent of the clients. When necessary, the social workers should
make a professional judgment, after considering whether or not provision
of the information would cause damage to the personal safety or interests
of the clients or other people. If the police hold a search warrant, the
social workers should cooperate with the police and provide information
that is basic and necessary. 4. The social worker should not abuse the worker-client relationship in the pursuance of personal interests. Guidelines Social workers should terminate service to and professional relationships with clients, when such service and relationships are no longer required or no longer serve the clients’ needs or interests. 4.2 Social workers should not exploit professional relationships with clients for monetary gain. 4.3 Social workers should not use the professional relationship to pursue political interests.
4.4
Social workers should consider withdrawing from the situation to protect
clients’ benefit and to arrange alternative services if there is conflict
of interests when the social workers are involved in the case.
Guidelines 5.1 Social workers should not have sexual intercourse with their clients. 5.2 Social workers should not caress or by any means stimulate the sexual organs of their clients. 5.3 In cases where social workers, due to the need of their work, inspect the private parts of their clients, the presence of a third party should be arranged by the concerned agency. 6. If and when fee for service is required, the social worker should ensure that the clients would not be denied timely services they need due to financial constraints. Guidelines 6.1 Social workers should take steps as far as possible to ensure that their employing agency establishes an alternative funding or waiving policy and has the policy and procedure in place to review the charge for any service that is beyond the reasonable means of the target clients. 6.2 In cases where individual clients have difficulties to pay, social workers should assess the cases concerned and as far as possible seek approval of their employing agency to waive the service charge or explore alternative funding for the clients as appropriate. 6.3 For those clients who indicate their inability to pay, social workers should assess the urgency of the clients’ need for service. In cases of urgent need for the service, social workers should attend to the clients and provide the service as far as possible. If there is no urgent need for the service, social workers should provide information on appropriate services and relevant resources or make necessary referrals. II) Related to Colleagues 1. The social worker should pay due respect to differences of opinion and practice of other social workers, other professionals and volunteers. Any suggestion or criticism should be expressed and conflicts resolved in a responsible manner. Guidelines 1.1 In case of differences of opinion with other social workers, professionals or volunteers in dealing with specific practice related to clients, social workers should take steps to share their views and attempt to resolve the conflict with the individuals, organizations, and other relevant parties concerned before expressing criticisms in public. 1.2 Social workers should avoid as far as possible criticizing other social workers, professionals and volunteers in front of clients. Social workers may express different opinions, but not criticizing the opinions, practices and personal character of other social workers, professionals and volunteers who are serving the same clients. 1.3 No personal attack, including the use of vulgar language and insulting remarks directed towards an individual’s personality and integrity, should be made against other social workers, professionals and volunteers. Criticism should be based on actual event and action. 2. The social worker should co-operate as far as possible with other social workers to enhance service effectiveness. Guidelines 2.1 Social workers should readily share knowledge, skills, and experience with other social workers with the objective of enhancing professional interests, concerns, and service effectiveness. 2.2 When dealing with the same clients, social workers should, where appropriate, share relevant information and coordinate plans and actions with other social workers (whether or not of the same agency) to serve the needs and interests of clients. 3. The social worker should bring to the attention of appropriate bodies any violation of the Code of Practice that puts the interest of social work service recipients at risk, and should be ready to defend other social workers against unjust accusations. Guidelines 3.1 Social workers should not knowingly withhold information concerning malpractice by other social workers when called upon to give information in any inquiry on malpractice. Social workers should report only those facts that are known to them personally. 3.2 Social workers should as far as possible report facts known to them when being called upon to give information in defence of other social workers against unjust accusations. 3.3 Social workers should bring the malpractice by other social workers to the attention of appropriate bodies such as the Social Workers Registration Board, or the relevant agencies which are in a position to stop such malpractice. 4. The social worker respects the clients’ right of choice and should not, with due respect to other agencies and colleagues, solicit the clients of other social workers. Guidelines 4.1 Social workers should not solicit the clients of other social workers by persuading the clients to leave the service being rendered by other social workers. If the social workers believe, in good faith, that said service will lead to disadvantage or disservice to the client, workers should express concern according to the guidelines set forth under Part II, paragraph 1. 5. For joint practice, confidential communication other than that related to the clients that are shared by other co-workers should not be conveyed to clients without the explicit permission from the authors of such communications. III) Related to Agency 1. The social worker should be responsible to the employing agency for the efficient and effective performance of professional duties. Guidelines 1.1 Social workers should draw to the attention of the employing agency when they view that the policies, rules and regulations of the agency are undermining the efficiency and effectiveness of the service. 2. The social worker should act constructively and responsibly to influence and to improve policies, procedures, and practice of the employing agency in order to continuously improve the quality of service and to prevent the social worker from violating the Code of Practice when enforcing agency policies. Guidelines 2.1 Social workers should give constructive comments, feedback and suggestions to the employing agency to uphold social work values and clients’ rights. 2.2 Social workers should alert the employing agency of any possible violation of the professional code of practice and related legislation. 2.3 If inappropriate practices by the employing agency still persist and the interests of the clients are put at risk despite the social workers’ effort to give feedback to the employing agency, the social workers should bring this matter to the attention of an appropriate body such as the Social Workers Registration Board. 3. The social worker should make clear in any public statements or when in undertaking public activities whether one is acting in a personal capacity or on behalf of a group or an organization. Guidelines 3.1 In expressing personal views or undertaking action in personal capacity, social workers should avoid using any identity or documentation associated with the employing agency and affiliated group unless consent from the said party has been obtained. 4. The social worker should not use institutional affiliation to recruit clients for private practice without the consent of the institution. IV) Related to Profession 1. The social worker should maintain honesty, integrity and responsibility in professional practice. Guidelines 1.1 When performing their duties, social workers should be free from the negative influence of drugs and alcohol. 1.2 Social workers should inform concerned parties of all the necessary details of the situation without withholding important information, falsifying or selectively presenting information so as to purposely deceive or mislead the parties concerned to make uninformed decisions. 1.3 In case of conflict of interests or conflict of roles, social workers should withdraw from the professional relationship or remove the source of conflict before continuing their involvement in the professional engagement. 1.4 In case of differences of opinion within a professional context, social workers should confine any debate to the facts and views around the issue, without personal attack. 2. The social worker should uphold the values and ethics, and advance the knowledge of the profession. Guidelines 2.1 Social workers should consciously and critically examine the value base and ethical standard of their practice to see whether they are consistent with those of the profession. In such examination, the social workers should identify and attempt to overcome any personal or organizational barriers and seek ways and means to bring about the realization of social work values and ethics. 2.2 Social workers should as far as possible contribute to the generation of knowledge from their practice experience through professional exchanges. 3. In criticizing the profession, the social worker should do so in a responsible and constructive manner. Guidelines 3.1 Social workers should refrain from making negative criticisms of the profession that are not based on facts. 3.2 Social workers should perceive making constructive suggestions and ideas as part of their professional obligation. 4. The social worker should make no misrepresentation and/or false claim as to professional qualifications, nature of service, method of service or results to be achieved. Guidelines 4.1 Social workers should give accurate information of their own professional qualifications which pertain to those conferred by academic institutions and professional bodies. They should readily provide documentary evidence of being registered if required. 4.2 When promoting the service, social workers should refrain from claiming results which have not been properly researched. 4.3 Social workers should explain clearly and accurately the nature of service and method of service provided. 5. The social worker should accept responsibility for upgrading his/her professional skills and knowledge. Guidelines 5.1 Social workers are recommended to attend professional enhancement activities of not less than 24 hours a year aiming at upgrading their professional skills and knowledge. Professional enhancement activities may include training courses/programmes, talks, conferences, seminars, forums, workshops and other related activities. 6. The social worker should take responsibility to help those who are entering the profession to establish, strengthen and develop their ethics, values, skills and knowledge. Guidelines 6.1 Social workers should as far as possible be ready to give information and advice in response to the enquiries of their new colleagues. V) Related to Society 1. The social worker recognizes the need to bring to the attention of policy makers or the general public any policies, procedures and activities of governments, societies or agencies which create, contribute to, or militate against the relief of hardship and suffering. Guidelines 1.1 Social workers should as far as possible refrain from hindering the dissemination of such information to the attention of policy makers or the general public. 2. The social worker recognizes the need to advocate changes in the formulation of policies and legislation to improve social conditions, to promote social justice and general welfare of the society. The social worker also recognizes the need to contribute to the implementation of policies for human welfare and should not allow one’s knowledge, skills or experience to be used to further unjust policies and inhuman practices. 3. The social worker recognizes the need to prevent and eliminate discrimination and recognizes the need to strive for a more reasonable distribution of resources and to ensure that all persons have equal opportunity to access to the necessary resources and services. 4. The social worker recognizes the need to promote conditions that encourage respect for diversity in the society. 5. The social worker recognizes the need to encourage informed participation by the public in formulating and developing social policies and institutions. (Remarks : Chinese version prevails English version if there is any discrepancy.) 7 December 2000
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