Springham, N. (2008) Through the eyes of the law: What is it about art that an harm people!

International Journal of Art Therapy: Inscape. "ol #$ (2) %e ember. &': (outle)ge Summary of arti le by *ill Westwoo) 200+ This paper )es ribes a ase in the &' where a serious in,ury was sustaine) by a lient as a result of an art a ti-ity in a lini al setting. This le) to legal a tion an) the establishment of negligen e on the part of the pra titioner an) the organisation. The a t of negligen e entre) on the -ulnerability of the lient to )is ern the imaginary from the real an) the responsibility of the pra titioner an) the organisation to ompetently assess the lient.s -ulnerability an) respon) a or)ingly. The arti le presents an important milestone in the issue of prote tion of the publi when engaging in arts base) therapeuti a ti-ity in a lini al en-ironment. /s ba 0groun) to )es ribing the ase in )etail Springham notes how the issue of safety an) the arts has often been o-erloo0e) or minimise). 1e points out that art therapists ha-e been attempting to raise the issue generally for many years yet only one point on erning safety is referen e) in a re ent go-ernment arts an) health prospe tus (San)for) 2002). Springham notes that while ris0 will -ary greatly it is still as this ase has shown important to ta0e into a ount the e3tremes of responses. Springham aims to )e-elop further thin0ing an) language about this issue whi h has $ 0ey elements, the -ulnerability of the parti ipant4 lient, the type an) aim of the art a ti-ity an) the lin0 between the art a ti-ity an) the parti ipant4 lients. personal material. Springham re ognises that a range of art a ti-ities are offere) in lini al an) ommunity settings a ross a wi)e spe trum an) )ifferent professionals may be responsible for running them. 5n terms of managing ris0 6//T.s training an) professional stru tures a)) -alue to minimise an) prote t against ris0. The ru ial 7uestion for Springham is 8What is it about art that an harm people!9 The arti le is written with the lient in-ol-e) in the ase, who remains anonymous but wishes the story to be tol). Springham be ame in-ol-e) as an e3pert witness for the ase being ma)e on behalf of the lient. The setting of the in i)ent was a ser-i e pro-i)ing a))i tions rehabilitation treatment in :nglan). Springham pro-i)e) professional e3pertise on the matter of art base) ris0. 1e outlines in the arti le the pro esses of negligen e ases an) the law an) how e-i)en e an) arguments are use) to buil) ases an) how negligen e is )efine): ;This is as a brea h of )uty, wrongful a t or omission of a tion resulting in )amage that was foreseeable.. <rom this Springham presents the e-i)en e. The pra titioner of the art a ti-ity in 7uestion ha) se-eral years e3perien e as a ounsellor an) ha) omplete) 2 short ourses whi h ha) the wor)s ;art therapy. in their title. 1e ha) )e-elope) the group program where the lient was in,ure). The treatment setting was organise) in 2 stages (assessment an) treatment). The art a ti-ity was part of the treatment stage an) was )e-elope) by the pra titioner towar)s therapeuti aims in lu)ing )ire te) e3er ises. The a ti-ities #

were title)= ;art ourse., ;art e)u ation. an) ;anger management using art.. 1owe-er the lient says he 0new it as ;art therapy.. When the in i)ent o urre) the lient ha) been struggling with his a))i tion an) ha) re ently e3perien e) a signifi ant berea-ement. There were also some in)i ations he ha) re ently not omplie) with the ;no abuse of substan es. poli y on a ouple of o asions howe-er )espite these warning signs he was mo-e) into stage 2 of the pro ess whi h in-ol-e) ;treatment. an) in-ol-ement in the art a ti-ity pro ess. The in i)ent o urre) after a return from an o-erseas trip onne te) with the berea-ement an) was the first )ay of the treatment phase. 5n the group art a ti-ity the )ire ti-e was to ;portray all of the ba) things in our li-es, the guilt we felt about what we ha) )one an) e-erything negati-e into the )rawing of an animal.. The lient )rew a ;hyena with bloo) oming from its mouth., representing a s a-enger with no ons ien e or morals. This le) to an upsurge of rage an) )istress. When the pra titioner as0e) him ;what he woul) li0e to say to the animal. the lient sai) he ;)i)n.t want to say anything but swear an) rip it up, pun h an) smash it.. The lient says ;the lea)er en ourage) him to e3press himself an) go with the feeling.. This triggere) a torrent of un ontrolle) a tion where the lient pun he) an) hea) butte) the image trying to )estroy the pi ture. 5n this a t the lient in,ure) himself resulting in partial tetraplegia. Springham lin0s the management of )e-eloping art a ti-ity on therapeuti programs with the lini al go-ernan e re7uire) of art therapists by the N1S. /s an art therapy manager he notes the e3pe tation is to appraise the ris0s in the )e-elopment of treatment an) mat h staff ompeten e to the i)entifie) ris0. 5n this ase the pra titioner )i) not ha-e a)e7uate s0ills for the way art was being use). There was a brea h in the organisation allowing the pra titioner to assume the role of an art therapist an) not see0ing a)-i e from the 1ealth >rofessions ?oun il. There is an e3pe tation that therapists will be able to assess an) offer treatment that woul) not ta0e a lient beyon) their toleran e for heightene) emotional states. The ser-i e was in possession of the history that in)i ate) -ulnerability but it faile) to ma0e sense of the )ata. >la ing the lient in the treatment phase was ontrain)i ate) an) the use of su h an art e3er ise was poorly hosen as it pro-o0e) splitting an) a ollapse between the real an) the imaginary. The legal ase then ha) to establish the a tion of the lient was not )ue to any other ause or me)i al -ariable su h as a brief psy hoti )isor)er, )is@ asso iati-e tran e or )rug in)u e) psy hosis. This was rule) out by another e3pert witness (>sy hiatrist) an) the out ome was the art itself was part of the issue. Springham goes on the show how arts ha-e power to help as well as harm through the power of suspension of )isbelief whi h ma0es us feel as if we are e3perien ing something beyon) the on rete presen e of the ob,e t. :-i)en e from the arts suggests ob,e ts4images be ome real an) ali-e to a range of )egrees, e.g. feeling emotionally mo-e) by films or images. 2

85t woul) be unreasonable to argue that the general population.s rea tion to art is always )etermine) by temporary mental illness9. <rom here Springham puts forwar) the impli ations for the )ebate on ris0 in the arts an) health fiel). The in,ury was sustaine) by a pra titioner wor0ing beyon) their ompeten e. The te hni7ue use) was too strong. The re ognition of the power of art to ma0e inner states real was the basis of the proof. /rt therapy is on erne) with e3a tly this pro ess an) the mo)eration between the real an) the imaginary, what is felt to be real an) 0nown to be not. This ;as if. state is one the art therapist has e3pertise to un)erstan), assess an) wor0 with. Springham suggests these 0in)s of in i)ents are not un ommon but they are un)o umente). 1e onsi)ers that safety is )etermine) by the pra titioner.s s0ill in assessing general psy hologi al )isposition an) how art as a pro ess is li0ely to intera t with their mental state. This arti le highlights the ris0s organisation bring on themsel-es when they wor0 beyon) their ompeten e in offering programs whi h use art therapy, no matter how it is )es ribe), nai-ety in this ase ause) the in,ury. 8The art sessions at the entre )rifte) from being about art to be oming a psy hologi al inter-ention. Aa 0 of 0nowle)ge, s0ills an) super-isory stru tures allowe) unwitting role slippage. The arts pra titioner is often not e7uippe) to spot the slippage at the early point but an art therapist is.9 Springham on lu)es art therapists oul) be employe) to s ope out the ris0 fa tors in organisations an) pro-i)e super-ision. The legal -iew has now establishe) art an arry ris0 an) in,ury is foreseeable if -ulnerable people are e3pose) to it. /rt has power but it is not always innately helpful. This wor0 buil)s the ase for the nee) for prote tion of the publi in the therapeuti use of the arts.

(eferen e: San)for). (2002) >atient an) staff safety. 5n A prospectus for arts and health (p.82) Aon)on /rts ?oun il4%epartment of 1ealth.