The conflict between maintaining confidentiality in social work and protecting a minor from harm

ABSTRACT

Social workers often face dilemmas involving their duty of confidentiality when dealing with multiple members of a family, school or other system. These dilemmasare challenging for social workers worldwide given their need to overcome the tense relationship between representatives of the legal and social welfare systems and their lack of training in the relevant law. I illustrate this dilemma using the case study of an Israeli social worker who revealed confidential information shared by his client, a father whom the social worker determined might harm or be harming his child. Using this case study, I investigate the question of the court’s view regarding a social worker’s dual obligation to maintain client confidentiality and to protect the safety of minors. I first present the tensions between the law, the court system, and the social worker. Second, I discuss the legal framework for the duty of confidentiality in Israel. Third, I review a recent key ruling indicating the court’s view regarding a social worker’s dual obligation to maintain client confidentiality and to protect the safety of minors. Lastly, I suggest policy changes and actionable ways to help social workers worldwide make decisions related to the duty of confidentiality in daily practice.

KEYWORDS:

• Duty of confidentiality
• protecting a minor
• right to privacy
• social work law

Disclosure statement

No potential conflict of interest was reported by the author.