AN ANALYSIS OF THE LAW OF CONFIDENTIALITY WITH SPECIAL REFERENCE TO THE COUNSELING OF MINORS

Although professional counsellors would be aware of the need to mainta in confidentiality in their work with clients, the basis and scope of this obligation is generally less well understood, This article examin es the issue of counsellor-client confidentiality from a legal perspec tive, and considers the potential bases of legal liability which couns ellors may have with respect to the maintenance of client confidential ity as well as the circumstances under which disclosure of this inform ation will be required or may be permitted. It is contended that the g eneral issue of counsellor-client confidentiality presently poses part icular difficulties for counsellors who work primarily with children a nd adolescents, especially when clinical services are provided directl y to adolescents. In such instances, counsellors may be confronted by competing and even conflicting interests, and may be required to exerc ise judgement in relation to the disclosure of confidential informatio n which has been provided by a minor. Although there is no clear law w hich directly relates to this area, it is argued that counsellors may presently have a primary obligation to respect the wishes which are ex pressed by a ''mature minor'' in relation to the provision of counsell ing services, it is further argued that awareness of general legal pri nciples which are of relevance to areas of professional practice can p rovide much assistance to practitioners who could be required to make decisions in the course of their work which may later be examined in t he context of legal proceedings.