An Employee Assistance Professionals Association UK (EAPA) investigation has found that Health Assured did not meet the ethical standards expected of members surrounding confidentiality and informed consent.
However after a nearly two-year long investigation the trade body is not taking any formal action against the firm aside from enforcing an independent audit of current processes.
While not naming the firm, EAPA launched its investigation in July 2024 after the BBC’s File on 4 programme alleged Health Assured had breached professional standards and the confidentiality of its users by allowing corporate clients to eavesdrop on calls.
The EAPA requested that Health Assured undertake a further independent external audit of its clinical governance and operational processes conducted by an independent EAPA UK Ltd auditor, but added it did not expect to take any further action.
In response, Health Assured did not dispute the EAPA’s conclusions.
It said it was “delighted” that EAPA had finally concluded their review adding it has since audited its services to ensure they meet ethical and operational standards and are delighted to show this to all, including EAPA. It did not elaborate on the changes it had made.
Health & Protection has asked Health Assured what changes it has made since the BBC programme.
At the time Health Assured refuted all the allegations.
Not meeting ethical standards
While still not naming Health Assured in revealing the outcome of its investigation, the EAPA ruled some aspects did not meet its ethical standards.
“Two years ago, the BBC raised concerns about confidentiality within an EAP provider. The EAPA board reviewed the matter under our ethical framework,” it said.
“Following that review, the board concluded that a few aspects of the actions described did not meet the expected ethical standards within the EAPA Code of Ethics, particularly around confidentiality and informed consent.
“While we are aware the provider has already demonstrated the changes they have made since the allegations, including audits with BACP and NCPS, EAPA UK Ltd has requested that the provider undertake a further independent external audit of its clinical governance and operational processes, which will be conducted by an independent EAPA UK Ltd auditor.
EAPA further clarified that subject to there being no unexpected findings from the independent review, EAPA UK Ltd does not intend to take any further action regarding this matter, adding it expects that to be the case.
It said the provider had “worked constructively with EAPA UK Ltd since the allegations were raised to ensure its practices meet the required standards.“
It added: “EAPA UK Ltd would personally like to thank them for the way they have engaged with that process.“
Committed to continual improvement
Health Assured issued a statement in which the company said it was delighted that EAPA has finally concluded its own review.
“Health Assured has always been, and will always be, committed to continual improvement – we have been proactively pushing for this external audit, and we welcome the opportunity to demonstrate our clinical and operational excellence,” the company said.
“Throughout this process, we have reviewed and updated our protocols and internal procedures,” it added.
“We took the opportunity to audit our services to ensure that we continue to meet the highest ethical and operational standards – we are delighted to show this to all, including EAPA. We are proud of the ongoing investment and development into our services and the professional development of our colleagues.
“We will continue to always look for ways to improve our services and processes, whilst continuing to work closely with EAPA and other industry bodies.”
Allegations
The BBC’s File on 4 programme’s investigation alleged the EAP provider let corporate clients listen in to confidential helpline calls without the knowledge or permission of callers.
At the time, Health Assured CEO Bertrand Stern-Gillet called the claims ‘categorically untrue’ and ‘unfair’.
The BBC further alleged counsellors who worked at Health Assured told it the practice was ‘highly inappropriate’ and ‘unethical’. Lawyers said the practice risked breaching privacy and data protection laws.
The investigation also raised concerns about recruitment days hosted by the provider which advertised that candidates for counsellor positions were allowed to listen to live calls, and that during peak times calls were directed to other departments of parent company Peninsula Group.
This was the second time concerns have been raised this year, as Health & Protection reported in March the British Association for Counselling and Psychotherapy (BACP) was investigating claims from a BBC investigation that Health Assured had behaved in an unethical way.
The company also refuted all these allegations.