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Introduction to Public Private Partnership

Public private partnership is a cooperative venture between the public and private sector in which the public and privates sector carry out a particular project on the basis of agreed task and risks, each party retaining its tasks and responsibility. The interest in PPPs is growing day by day because it is an efficient way of delivering the public services to the masses. The rudimentary principal behind public private partnership is that, Although Public sector entities may need to be responsible for the delivery of public services, but it is not necessary that it must be actually responsible for providing or undertaking the investment themselves. In this way all actors in public private partnership can concentrate on doing what they are likely to do in the best possible way by utilizing their resources and skills. In order to under take any public private partnership for a particular venture we have different modes or model for PPPs, Which are described briefly as under.

A brief overview of Prominent Models of PPPs
Operation and management contracts

In these agreements the responsibility for asset operation and management is passed on to the private sector entities. The duration for these contracts is generally short ranging from 3 to 5 years, but can normally be extended. The private party is remunerated on a fixed fee basis or on an Incentive basis with premiums linked to specific performance targets. Under this agreement the public party still bears the financial and investment risk associated with the projects. This type of contract is an efficient way to undertake a project because the private sector has enough skills and have strong interest in improving the service quality. This model of PPPs contract is suited for transaction phases which finally lead to privatization.

Potential strengths of management

The profound advantage of management contract is that many operational benefits that result from private sector can be availed without transferring the assets to the private party. Management contract are less thorny to develop as compared to others and are considered less controversial. Theses contracts are also less expensive as compared to others because fewer but efficient staff can be used to carryout the task. They can also be seen as interim arrangements, allowing for modest improvements while more comprehensive contracts and structures are developed. Similarly, a management contract can be structured to phase-in increasingly extensive involvement of the private sector over time and as progress is demonstrated.

Potential weaknesses

Despite of the aforesaid advantages of management contract it also embodies some drawbacks one of the key disadvantage of this contract is that in this contract the private sector entity who is managing a particular project does not enjoy the autonomy. This is important to achieve deep and lasting change also the division between the obligation for service and management, on one hand, and financing and expansion planning, on the other, is a tricky one.

Service contracts

It is a limited type of PPPs model in this agreement the Private party procure, operate an assets for a short span of time mostly for 2 to 5 years. In this contract the public sector is responsible for investment and management of the project which bears the financial and residual value risks. While the public sector entity provide the services. It is suited for simple and operational requirments.it is often used for toll collections.

Potential strengths of Service Contract

This contract is best suitable when the services are clearly defined in the agreement, the demand is reasonably certain and the performance of the project can easily be monitored. One of the the gigantic advantage of service contract is that it provides us relatively low-risk option for the expansion of private sector which in return brings efficiency in the system operation. It is a less expensive way to delivery the public services and due to low barrier to competition it encourage competition which in return enhance the public service delivery and it is also a good source of technology transfer and for the development of managerial capacity. The other prominent advantages include

Decrease in operation cost
Access to cheaper labor
Cut up in labor training cost
Access to advance technology at minimum cost
Enhance service delivery
Potential weaknesses

Service contracts are used for simple and short term project in this the private sector only provide their services not the capital investment. But this contract is not suitable for such situation in which the objective is to pool up capital. An other important drawback of this contract is that of loss of managerial control because it is much difficult to manage the outside service provider as compared to own employees. Also other draw backs include the loss of flexibility in reacting to changing the business condition, lake of internal and external focus, loss of competitive edge, problem in contract renewal and contractual misunderstanding. In this it is difficult to calculate the hidden cost associated with the contract like legal cost and the time require to put the contract into action.

Leasing agreements

It is a financial arrangement in which the owner of a facility sells it to another entity, and subsequently leases it back from the new owner. In this contract both public and private sectors entities may enter into sale/leaseback arrangements for a variety of reasons. An innovative application of the sale/leaseback technique is the sale of a public facility to a public or private holding company for the purposes of limiting governmental liability under certain statues. Under this arrangement, the government that sold the facility leases it back and continues to operate it. Under this agreement the private party better off only if it manages to reduce operating costs while meeting the designated service level. On the other hand the public sector bears the risks associated with the network expansion, capital improvement and financing. Its life ranges from 12 to 16 years, this type of agreement is best suited for infrastructure. Other prominent leasing contract include

Buy-build-operate (BBO)
Lease-develop-operate (LDO)
Wrap-around addition (WAA)
Potential strengths

One of the main advantage of this contract is that it brings efficiency in the public service delivery .Also in this contract the commercial risk is borne by the private sector which give a strong performance incentive and which coax the private sector to perform well. Under this contract the private sector competitively bid for providing the services which in return enhance the delivery of public services.

Potential weaknesses

As we know that in lease agreement the contractor revenue is based on the revenue stream of the customers’ payments so in such situation the question of tariff levels is of sensitive nature which can lead to possible conflict between the public and private parties. Also under this agreement the responsibility of capital investment is of public sector and the financial risk is borne by the public sector so in this contract no capital is mobilized from the private sector entity and also labour issues are of more sensitive nature as compared to other PPPs contracts.

Concession Contract

It is a type of leasing contract in which the ownership remain with the government while the private party not only provide capital investment but also responsible for the maintenance of the assets. After the completion of the project the government pays the agreed sum of money to the private party and gets the assets. It is suited for the construction and its life is from 15 to 30 years.

Potential strengths of concession contract

One of key advantage of Concessions is that it helps to mobilize capital from private sector for the construction or rehabilitation of existing projects. As we know that under this agreement the private sector also contribute capital for the project so it coax the private sector (concessionaire) to bring efficiency and effectiveness in order to increase his return in the project. It also encourages the private party to bring innovation in the delivery of public services.

Potential weaknesses

One of the major drawback of this contract is that the complexity of defining the activities of private sector entity. One of the major disadvantage of this contract rises in case of long-term projects i.e. more than 25 years because this complicate the bidding process and the contract design which hinder in anticipating the events of the project. Also due to its long term tenure it is deemed politically controversial and difficult to organize. Another drawback of this contract is that it limit the competition because of limited number of qualified contractors are available.

Green field Contracts

This type of agreement is mostly used for the development of new projects. Such projects are often demanded by engineers. Examples of Greenfield projects are new factories, power plants or airports which are built from scratch. Those facilities which are modified/ upgraded are called Brownfield projects.

Build-Operate-Transfer (BOT)

In this the private party is responsible for designing, construction and operation of the assets. In this public party bears the financial risks but it has control on important phases of the life cycle of the project. This type of contract bring efficiency in the projects and removes the important maintenance issues from public budget This integrated scheme obliges the private operator to take into account the cost of operating the asset during the design and operation phase and therefore stimulates a better planning and management of the service itself It include the following types

Build-own-operate-transfer (BOOT)
Build-rent-own-transfer (BROT)
Build-transfer-operate (BTO)
Build-lease-operate-transfer (BLOT)
Potential strengths

As we know that BOTs have been mostly used to attract private funding to the construction or renovation of infrastructure. Hence one of the key advantage of BOT agreements is that it reduces commercial risk for the private partner because there is often only one customer, i.e. public sector (government) .The following are some of the major advantages of BOT contract

Due to the efficiency of private sector the public services can be delivered with minimum cost
As the private sector directly involved in this so it reduces the public debit, balancing the beget deficit and reduce the role of public sector.
It also facility the transfer of advance technology by intruding international contractors in the host country.
Potential weaknesses

The following are some of the major disadvantages of BOT contract

The transaction cost in this case is higher as compared to other contracts
Not suitable for small projects.
The success of this project depends upon the successful raising of funds.
BOT projects are successful only when substantial revenues are generated during the operation phase.
A CASE STUDY

This case study is one of the best example of public private partnership (service contract) which is contributing to the overall economic development of Pakistan.

Faisalabad Industrial Estate Development and Management Company (FIEDMC)

This is one of the classical of PPP (service contract) .In this contract the government of Punjab provided funds and the private sector were assigned the task to develop two industrial estates at Faisalabad by contributing there services on voluntary basis. This company constitutes of 21 members in its board 5 from public and 16 from private sector. Under this agreement the private sector will contribute their expertise to develop a world standard industrial estate in order to use the public money in a fruitful way. The following two prominent projects were undertaken under this agreement.

Value Addition City.

This industrial city was basically established in order to address the need for SMEs and to provide land on small scale to the industrialist. This estate consists of 200 acres land .where all utilities and facilities to the industrialist and a great emphasis is given to the security, further more The VAC offers facilities like a state of the art road network, electricification, natural gas, optic fiber telecommunication network, hospital, commercial area and extensive landscaping for environmental friendly atmosphere.

M-3 Industrial city (M-31C)

This is a larger project as compared to value added city with a vast area of 4500 acres. This industrial city is catering for the needs of all business sectors both industrial and services It entails the fulfillment the needs and wants of the prospective investors. This industrial city provides the important facilities according to world standards including, state of the art telecommunication system, transport facilities and labor colonies to the labor. This industrial city constitute of all kinds of textile industries, high quality chemical units, engineering including automobile and agricultural machinery firms and construction material firms. It will also cater the needs of pharmaceutical companies and food processing units. Other industries include IT equipment manufacture and software industry, electrical devices, electronics and other value added products.

This is one of the classical example of PPP models in which the private party provides their services in the shape of their expertise to boost industries in Pakistan and it will boost the Pakistani economy.

A Failure of PP Project (Metronet UK)

The London underground rail system is the world first underground system which was established in 1863 and up to early twenty century it was operated by six private operators. But due to their substandard services its activities was directly or indirectly classified by the UK authorities by 1933.

In February 2002 it was decided to bring improvement in the public service delivery by entering into a PFI contract with the private sector .Under this arrangement it was decided that maintenance and renewal of London underground infrastructure would be incorporated through three PPP contracts

Under this agreement the Responsibility for stations, train operations, signaling and safety remained in the Public sector, being run by London Underground Limited, a new operating company set up for the purpose. It also had responsibility for determining service patterns and setting fares. Under this PPP project there were three private sectors companies which were called infracos namely

Infraco BCV Bakerloo, Central, Victoria, Waterloo & City.
Infraco JNP Jubilee, Northern, Piccadilly.
Infraco SSL Circle, District, East London, Hammersmith & City, Metropolitan.

To improve the Services and to ensure long-term assets management a 30 year contract was signed which is divided into 7.5 year segment. In this arrangement an Arbiter was also appointed whose role was to resolve the disputes between the London Under Ground Limited and an infaco regarding the payment and other issues.

On December 31 2002 Tube Line acquired Infraco JNP and on April 2003 Metronet acquired the other two infracos.The PPP contract give legal ownership of London Underground infrastructure during the term of the contracting In July 2007 the work of modernization of London Underground Infrastructure was entrusted to Metronet BCV and Metronet SSL.and the fund was provided by the Government under PPP.

But Metronet was unable to complete their task in the agreed time and estimated cost of bid. By March 2005 Metronet had not completed any of the eight stations due. Only 11 out of 35 stations were accepted as delivered by March and finally the London Underground Limited purchased 95% of Metrone’s outstaniding debt obligations from its private sector lenders in February 2008 rather than repaying this debt over the 30 years of the contract. The Department for Transport (DfT) made ?1.7 billion of grant available to help London Underground do so.

Causes of Failure of this Debacle of PPP

The following are some of the main reason for the debacle of this PPP contract.

Poor Corporate Governance and Leadership structure of Metronet and tied Supply chain management
Supplier was failed to give timely information to Metronet management about the costs against delivery.
Ambiguities in the scope of the project and poor program management.
Also it was found that it was unable to execute the the operation in the best possible way and lake of efficiencies in business administration activities.
Conclusions

From the aforesaid discussion on various prominent types of PPPs models we conclude that It is not always fruitful to enter to a PPP agreement .So the government should not enter into such contract without accurate and comprehensive assessment of the risk transferred to the private sector and a firm idea that what would constitute an appropriate price for taking such level of risk. If it does not transfer an appropriate level of risk to the private sector then it should not be availed. PPPs can be very helpful for the public service delivery if the underlying drawbacks are minimized and to minimize the risk associated with these models we must apply each model according to the type of problem we are solving. For instance if we need for Capital then BOT/BOO/Divestiture can be used. In case if we need for Expertise and Performance then Management Contract can be the best option. But if we need for Expertise only then Service Contract is the best option. Or if we are facing a complex problem which can not be solved with one model then a combination of these models can be used.

References
www.ncppp.org/howpart/ppptypes.shtml
Article by By Brig.Ahmad Riaz Siddiqi (Retd), X-Chief operating officer FIEDMC (Dawn Saturday, December 20, 2008)
PUBLIC – PRIVATE PARTNERSHIPS Models and Trends in the European Union Authors: Andrea RENDA (Senior Research Fellow, CEPS) and Lorna SCHREFLER (Research Assistant, CEPS)
India time.com http://www.cyfuture.com/disadvantages-of-outsourcing.htm
http://www.investorwords.com
The failure of Metronet REPORT BY THE COMPTROLLER AND AUDITOR GENERAL | HC 512 Session 2008-2009 5 June 2009 Department Of Management Sciences Ciit Islamabad

According to the World Health Organisation mental health is a state of well-being in which the individual realises his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her community.

According to the North Western Health Board (NWHB) mental health affects our feelings towards others and it also effects how at ease we are with ourselves. Mental health also affects some of our everyday skills, such as interacting with others around us; maintain relationships with people, whether it is intimate relationships or family relationships. Mental health can also affect the way we deal with certain events in our lives. Changes such as bereavement in a person’s life or losing or starting a job can have different have a different effect on different people at different points in time.

According to Barry & Jenkins there are three levels at which the protective and risk factors work. These three levels are known as Individual, social and structural. According to the NWHB each level is supported and reinforcing each level, thus strengthening them. By strengthening human beings we are trying to increase self-confidence and develop their abilities and skills, such as interaction with other people and developing skills to help sustain relationships.

Protective factors

The following protective factors are based on an individual level. Some of the protective factors are having good coping skills, having good social skills

Good Coping Skills

If a person is good at dealing and handling certain situations in life, this can be a huge help in relation to combatting mental illnesses. If a person can manage to deal with a certain situation which they may be experiencing without getting too worked up or letting it get them down, this can have a positive effect on their life. If a person can be optimistic about a situation and try to look on the bright side of things and realise that they will come out the other end and that things will get more positive and that they may have a brighter future in front of them, this can only have a positive effect on somebody’s life.

Social Skills

A person that has the ability to fit into society and get to know people no matter where they go will hopefully never really experience isolation. Take for example a person moving to a new area that doesn’t know anybody that lives in the area. If they have the skills to integrate themselves into that society and get to know the community they will more than likely be welcomed by members of that society. If a person makes themselves known within the community and gets involved in things going on within the community, isolation will not be a problem for them. For somebody that may be experiencing isolation this can have huge knock on effects on their mental health. If a person feels that they are alone and have nobody to turn to, this can lead to mental illnesses such as depression.

I will now discuss some of the protective factors which are based on social level. Some of these are positive experiences of early attachment and positive attachment to family.

Positive Experiences of Early Attachment

If an individual whilst growing up and while they were children had positive experiences throughout their childhood, in relation to how close they were to their parents and if they had a good relationship can have huge effects on a person later in life. If a person has had a bad relationship with their parents this can have a huge knock on effect later in life. If a person feels that they were not accepted by their parents as a child this may lead to somebody suffering from depression as they may not feel wanted or accepted into society. They may feel that nobody is there for them. If they have had a bad relationship with their parents, they may also find it quite hard to develop an intimate relationship with somebody, as they may be afraid of having such a close relationship with somebody, as they have never experienced a relationship like this before throughout their lifetime.

Attachment to family

How close an individual is to their family is based on a social level according to Barry & Jenkins. How close one may be to their family can have effects on one life. If a person knows that they have their family around them no matter what and that they will be there for them through the good times and the bad then the person knows that they are not on their own on life. They know that their family will stand by them no matter what. People experience so many problems in life, so it is good for an individual to know that no matter what they have a group of people around them that love and care for them, and will support them through life’s challenges.

Supportive Social relationships

Supportive relationships, whether it be family relationships or intimate relationships is another strengthening factor which can protect mental health. If a person knows that somebody is always there for them, through the good times and the bad and to help them carry heavy burdens which they will come across throughout life, is a huge help to them. I think right now throughout society, a large number of people are carrying heavy burdens in relation to unemployment and bills to be paid. If a person knows that they have someone to lean on and to help them along the way in life this can be a huge weight lifted off their shoulders. If a person has somebody that is supporting them, this means that they have somebody to talk to and discuss any problems that they may be experiencing. Something as simple as just sitting down and talking to someone about the problems you are experiencing in life can help protect a person’s mental health. A problem may not seem as bad after discussing it with someone. As the saying goes a problem shared is a problem halved.

I will now discuss some of the protective factors at a structural level. Some of these protective factors are economic security and employment.

Employment & Economic Security

As we all know we are currently experiencing a severe fiscal crisis in this country. A lot of people are currently unemployed. According to the Irish National Organisation of the Unemployed (INOU) statistics in October of this year 420172 people were unemployed. This is a huge proportion of people in our society that are unemployed. Unemployment is a serious issue and is more than likely one of the leading causes of mental health problems in today’s society. For those that are currently unemployed they are struggling to pay bills and meet repayments on mortgages. This can be a very worrying time for people and can lead to mental health problems. It can sometimes lead to people taking their own lives as they are unable to deal with the everyday realities of life and can see no other way out. In a recent article published by the Irish Examiner in June of this year stated that the economy and the current state that it is in is interconnected to the rise in young men taking their own lives. The newspaper article took figures from the Central Statistics Office (CSO) from 2009. The report stated that 443 males took their own life in 2009. This figure had increased by 15% from 2008. Approximately 40% of these men were out of work and 32% of them had previously worked in the building industry, according to Ella Arensman from the National Suicide Research Foundation (NSRF). It is clear to see there is a strong connection with men taking their own life and unemployment.

I will now discuss some of the risk factors in relation to mental health. Some of these risk factors are school failure, social isolation and abuse and violence.

School failure

According to Barry & Jenkins School failure is one of the risk factors in relation to mental health. School failure is based on a structural level. School failure can have negative impacts on people lives when it comes to looking for employment later in life. School achievement may not seem important but as people get older they realise how important it is. If a person fails again and again when it comes to trying to get a job this may have huge effects on their mental health.

Social Isolation

If a person is experiencing social isolation it can have huge effects on their mental health. Take example an elderly person that may have lead a very independent life ends up in long term care. This may lead to loneliness. If a person is in long term care they may be very dependent on someone to look after them and help them with their everyday lives. This can be a big change in a person’s life and could possibly lead to depression in the long run.

Abuse and Violence

Abuse and violence can have a huge effect on a person’s mental health. Emotional abuse such as bullying as we have seen over the last few weeks can have severe effects on a person’s life. Over the last few weeks numerous young people under the age of eighteen have taken their own lives because of bullying. Obviously the bullying had a huge effect on their mental health and they could see no other way out.

Conclusion

From my essay it is clear to see that there are numerous strengthening and risk factors in relation to mental health. We as a nation and as individuals should be concentrating on the protective factors. In a report published by the Health Service Executive (HSE) it mentions that the World Health Organisation stated in a report that General Practitioners spend 30% of their time with patients that are dealing with a mental illness. This makes it clear to us that there are a huge number of people are dealing with a mental illness. According to the HSE Ireland has tried to increase people’s awareness of mental health and change their attitudes towards it. They have done this by developing documents such as A Vision for Change 2006 which is based on mental illnesses and mental health. A document titled ‘Reach Out 2005’ has being developed in relation to preventing suicide. These documents may change people’s perception of mental illness and they may not look at it in such a negative light. There is a huge stigma attached to mental illness, so hopefully in time this stigma will no longer exist. Mental health can have serious effects on people’s lives. People should not feel ashamed if they have a mental illness. They should not have a stigma attached to them because of this mental illness. People need to be more open minded and not look down on people who are experiencing an illness in relation to their mental health. Hopefully in time the supports that people need will be readily available to them when they need it. A mental illness can be life changing, so for people to know that they have supports available to them on their doorstops can make a huge difference and can help them overcome their mental illness.

Reference List

Health Service Executive (2007) Mental Health in Ireland: Awareness and Attitudes, Dublin: Health Service Executive

Margaret M. Barry and Rachel Jenkins (2007) Implementing Mental Health Promotion, Philadelphia: Elesevier

The Irish Examiner (2012) ‘Suicide rise is linked to economy, says study’, [Online], Available: http://www.irishexaminer.com/archives/2012/0602/ireland/suicide-rise-is-linked-to-economy-says-study-195996.html [Accessed 21st November 2012]

The Irish National Organisation of the Unemployed (2012) ‘Live Register, Figures for the Year 2012 to date – by gender’, [Online], available: http://www.inou.ie/policy/statistics/liveregister/&_figures=national&_year=2012 [Accessed 21st November 2012]

The North Western Health Board (2005) The North western Health Board Strategy & Action Plan for the promotion of Mental Health, Dublin: The North Western Health Board

The World Health Organisation (2005) Promoting Mental Health, Concepts, Emerging Evidence and Practice. Switzerland: World Health Organisation

Tom, O’G. (2012) ‘Promoting Mental Health and Wellbeing’, SPL308: Promoting Mental Health and Wellbeing in Families, National University of Ireland Galway, Unpublished

A Project Intervention Plan on Wah Fu Estate Community

Mao Peter

Introduction of the community

Wah Fu Estate was built in 1963. It is located in Pok Fu Lam, south-western part of the Hong Kong Island. Such establishment of public estates was closely related to the fire accident at Shek Kip Mei, Kowloon in 1953, which is the milestone of public housing history in Hong Kong since that the government provide better and affordable public housing for Hong Kong residents. As a satellite town in Hong Kong, the Wah Fu Estate provides most of the basic facilities such as wet markets, schools, community hall, library, and public transportation as well. It is a quiet and pleasant place where the resident can enjoy a board sea view with hills behind. That is why the Wah Fu Estate is called a “luxurious estate for common people”.

It includes two phases of development. Wah Fu I with 12 blocks of buildings of old-slab design, and Wah Fu II with 6 blocks of twin-tower design.

Rationales for community issues

As the Wah Fu Estate has developed for more than 50 years, many of the original residents there have become the elderly. This can be seen to the latest census statistics as shown in table 1, the largest age group in the Wah Fu Estate is 45-64, about 30% of the overall population (Census and Statistics Department, 2011) and more than 20% are aged 65 and over. It is significantly higher than the ones of Southern District in general (13.7%). This demographic characteristic has greatly influenced the community need and problem of the Estate.

Table 1. Age structure of Wah Fu Estate and Southern District

Age group

Population

Wah Fu

Southern District

0 – 14

2,381

8.9%

31,800

11.7%

15 – 24

3,542

13.2%

32,600

12.0%

25 – 44

7,132

26.6%

83,100

30.7%

45 – 64

7,998

29.8%

88,900

32.8%

65 +

5,755

21.5%

34,800

12.8%

Total

26,808

100%

271,200

100%

Higher proportion of the aged people in the estate leads to the greater concern of health care and social welfare services provided in the Wah Fu estate for their deteriorating health conditions and higher demand for getting help from others.

The geographical location of the estate makes it mainly rely on the bus and minibus services. The provision of public transportation services to the MTR stations, other main districts in the Hong Kong Island and the other side of the Victoria Harbour is very crucial to the residents there.

The provision of social facilities such as shopping centres, restaurants are another concerns in the community especially those in the open area for the elder residents to take a rest and have better interactions with others.

Long history of Wah Fu Estate is reflected by the supporting pillars outside the buildings, decaying rooftop and messy electronic lines. The maintenance of the estate is a main and urgent issue in the community.

The latest development of the estate is the redevelopment, which has pronounced on the Chief Executive’s policy address this year. It can be projected that this will become the major issue of the community in the next few years.

Rationales choosing community work approach

To have the community work in such an old public estate, locality development can be used. It is one of the three models of community practices by Jack Rothman.

The relationship among the residents in the Wah Fu estate is very close as they live together for such a long time. Their bonding is strong that it is more effective to use this advantage to coordinate them in presenting and solving the community issues with the government and other stakeholders instead of advocate them to have social actions and campaigns.

The estate as a whole and even each of the buildings has their own Mutual Aid Committees or similar organizations. We can build up a close relationship with them and use their networks throughout our community work in order to have a greater effect to express their views to the public and solve the problems of the community.

There have some NGOs providing social services to the residents in the Wah Fu Estate, such as Salvation Army Wah Fu Centre for Senior Citizens and Aberdeen Kai-fong Welfare Association Southern District Integrated Elderly Service Centre, the collaboration with those NGOs which know the community situation well is also essential to have a better community work in Wah Fu estate.

Specific intervention strategies/empowerment plans

We can organize some outdoor seminars in the estate for the discussion of the community problems to let the residents concern the issues of their own community more. We can also build up the foundation of the membership and help them to set up the locality-based concern group to discuss issues faced by them including the maintenance of their apartments, provision of social facilities etc as I have mentioned before in this paper. Some sub-groups can also be set up for some typical issues like transportation and redevelopment programme. Throughout the discussion in these groups, they can have mutual support and build up their civic consciousness. They can make collaborative and informed decision or consensus by themselves and express them in one voice to the society. This is the process of empowerment to the residents of Wah Fu estate to handle issues of their community by themselves.

Another way which is more traditional to promote our community work is to set up a counter over the street and spread out our leaflets to present our service and get in touch with the residents. The periodic newsletter can be printed to the member, other relevant NGOs and organizations to publicize our activities and keep continuous contact with the residents.

Roles of Community Worker

The community worker can play the roles of enabler, instructor, facilitator and trainer.

We instruct the residents to speak up their opinions and views about the community issues in the concern group. We help them to coordinate different views and conflicts between them, that means to facilitate the discussion or empowerment process. Through these activities, it is an opportunity for us to train up the district leaders to help their neighbours for their own betterment of living.

Challenges and Difficulties

From the interviews conducted in our community walk, they concern more with the current issues in the estate such as health care and community facilities than the redevelopment programme that is believed to be the most concern issues in the community. They are widely believed that the redevelopment plan may take 5 to 10 years to complete which is too far away for them to think about it. As they have been waiting for a long time for the plan, their desire to concern about it has faded out. This is one of the main challenges to do the community work in Wah Fu estate.

The forums and visits from outsider about the redevelopment plan have also fatigued the residents and they have the tendency to alienate from it. It is another difficulty to get contact with them and start our community work.

Conclusion

In order to have an effective community work, helping and instructing them to present the existing problems that mentioned previously in this paper is significant to gain their trust. After that, we have to ensure the residents to know and realize that as it is one of the key statements in the policy address, the redevelopment of Wah Fu Estate will take place soon, then mobilize and empower them to work for solutions, to make their voice and requests about the redevelopment issues such as in-situ settlement can be heard by the government and the public.

References

Census and Statistics Department. (2011). 2011 Population Census. Retrieved from http://www.census2011.gov.hk/pdf/fact_sheets/estates/D_10182e.pdf http://www.census2011.gov.hk/en/major-housing-estate/10183.html

Rothman, J., Erlich, J. L., and Tropman, J. E. (eds.) 2008, Strategies of Community Intervention. (7^th Ed.) Itasca, Illinois: F. E. Peacock. Chapter 7.

United Nations Children’s Fund

“We believe in a world where ZERO children die of things we can prevent.”

The United Nations Children’s Fund, UNICEF, is an intergovernmental organization (IGO) that was started by the United Nations in 1946. UNICEF is non-profit and works to prevent childhood death by improving the healthcare, education, and nutrition of children around the world. They also provide emergency relief to those in need. Their reach is international and their goal is to have zero children die from preventable causes (UNICEF).

On December 11, 1946 the “United Nations International Children’s Emergency Fund” was started by the United Nations General Assembly. Its creation coincided with World War II in order to bring food and medical care to war-torn children in Europe, the Middle East, and China. The name was shortened to United Nations Children’s Fund in 1953 when it was made a permanent fixture of the United Nations System (UNICEF USA). Despite its name change, the fund kept the acronym UNICEF; which is still in use today. In 1965, the United Nations Children’s Fund won the Nobel Peace Prize for ‘the promotion of brotherhood among nations.” (UNICEF). In its 68 year history there have been many famous UNICEF Goodwill ambassadors including Sarah Jessica Parker, Susan Sarandon, Jackie Chan, Shakira, David Beckham, Audrey Hepburn, Danny Kaye (first celebrity ambassador), and the entire Manchester United Football Club (Borgen Project).

UNICEF focuses its energy in more than 190 countries, including the United States (UNICEF). In order to conduct their humanitarian operations they have established offices worldwide. Major operations are carried out through these offices in the event of a natural disaster or emergency. Additionally, there are programs and trainings there year-round. The United States Fund for UNICEF is located in New York City, and is the main U.S. office for UNICEF. The U.S. Fund works in cooperation with the government and non-governmental organizations (NGOs) to help UNICEF achieve the goal of zero preventable child fatalities (UNICEF USA). The United Nations Foundation in DC, Friends of UNFPA in New York, and the International Peace Institute in New York are other associations in the United States that help fund UNICEF projects (UNICEF).

UNICEF has a number of programs to help raise funds for their causes. One of the most popular UNICEF fundraisers is Trick-or-Treat for UNICEF. Since the 1950’s over $170 million dollars has been raised by children for children through the Trick-or-Treat for UNICEF program. The premise of the program is that when kids go door to door on Halloween that instead of asking for candy, they ask for spare change to donate to UNICEF. Not only does this raise money for UNICEF to use towards helping children, but it also teaches the children doing the fundraising the value of helping others (Trick-or-Treat for UNICEF). A newer campaign that they have implemented recently is the UNICEF Tap Project. This project raises funds to give those in need clean drinking water. It works by having people stay off of their phone for as long as possible, and the longer they are off of their phone, the more money that gets donated by a 3^rd party company, Giorgio Armani (UNICEF).

None of the funding for UNICEF comes from the assessed dues from the United Nations; instead their donations come from individuals, NGOs, foundations, governments, and corporations (UNICEF). For the 2011-2012 Fiscal year UNICEF had a total income of $3,866 million. When broken down fifty-seven percent of donations came from the government, and 32 percent was raised by NGOs and members of the private sector. UNICEF is known for being a reputable charity that uses a majority of its income for its cause. Of the total income $3,416 million dollars went to development, $322 million went to management, $127 was for special purposes, and $2 million was for United Nations development coordination (Charity Navigator).

There are a number of ways that individuals of all ages can get involved with UNICEF’s mission. Young children can help through programs like Trick-or-Treat for UNICEF (Trick-or-Treat for UNICEF). High school and college students can join clubs that are dedicated to raising money for UNICEF. Adults, with at least a bachelor’s degree and experience in certain fields, can even personally volunteer with UNICEFs missions. Another way that anyone can be involved is by monetary donations made to UNICEF or one of its funds (UNICEF USA).

One of the most prevalent causes of preventative childhood death is starvation. UNICEF battles childhood hunger in many ways including giving children peanut paste and micronutrient powder. Peanut paste is a high-energy therapeutic food. It works well because it is high in calories and does not require any preparation or refrigeration. Like its name suggests the micronutrient powder contains many vitamins and minerals necessary for healthy growth and development in children. It also improves immune function and helps prevent disease (UNICEF USA). For only $10 UNICEF can distribute 321 packets of micronutrient powder. UNICEF helps infants who suffer from malnutrition by teaching mothers the benefits of breast feeding. Breast fed children are six times more likely to survive the first few months than children who are not breast fed. Also, UNICEF still helps provide food in emergencies such as natural disasters (UNICEF).

Along with helping fight childhood malnutrition, UNICEF also improves children’s lives by providing healthcare, clean water, and educational supplies. More than one third of the world’s children have received a vaccination or immunization thanks to UNICEF. They have also helped 1.8 billion people have access to clean drinking water. If there are not drivable roads UNICEF will deliver supplies by bicycle, boat, and even donkey when necessary. They are well trusted and have even made cease fire agreements to get to children in war zones (UNICEF USA).

In the 68 years since it was founded, UNICEF has helped save more children’s lives than any other humanitarian organization. They are extremely dedicated to helping lower child mortality rates, and have been successful so far. A number of their programs work with children from birth to help end childhood malnutrition. Their work has reached billions of people in the last seven decades and will continue to in the future.

Works Cited

“Charity Navigator – Advanced Search.”Charity Navigator. UNICEF, n.d. Web. 1 May 2014.

“Help Children | Humanitarian Aid & Emergency Relief | UNICEF USA.” UNICEF USA. United States Fund for UNICEF, n.d. Web. 27 Apr. 2014.

“Trick-or-Treat for UNICEF.” UNICEF. United Nations Children’s Fund, n.d. Web. 28 Apr. 2014.

“UNICEF | United Nations Children’s Fund.” UNICEF. United Nations Children’s Fund, n.d. Web. 24 Apr. 2014.

“UNICEF’s First Celebrity Ambassador, Danny Kaye – The Borgen Project.” The Borgen Project RSS2. N.p., n.d. Web. 24 Apr. 2014.

As a result of the 2011 riots seen in the United Kingdom, Louise Casey (2012) was commissioned by the coalition government to write a report entitled ‘Listening to Troubled Families’. This essay will critique the report and consider if government austerity measures could impact in social care provision and outcomes for service users. It will discuss the narrative of one family identified in the report whom require intervention and support in order to safeguard their children (Casey 2012). It will give an outline of the development and impact of legislation and policy guidance on social work practice for children, families and carers. Furthermore it will consider academic research and theories that inform social work practice when working with such families; for instance; ecological theories, assessment, life span models of development, professional power and attachment theory. This essay will also discuss the skills necessary for contemporary social work practitioners to engage effectively with children and families. It will argue that inter-professional, anti-oppressive, multi-professional and reflective practice is paramount to successful outcomes for families who require support from services.

The term ‘troubled families’ was first used by David Cameron (Cameron, 2011), and later defined by the Department for Communities and Local Government (DCLG) as households having serious problems and chaotic personal histories. Cameron (2012) intends to ensure those identified in the report as troubled 120,000 families, “turn their lives around”. These families are characterised as; having no adult in employment, children who do not attend school and family members partaking in anti-social behaviour and criminal activities. By reducing costs and improving outcomes, the results based funding scheme aims to change service delivery for families (Cameron, 2011). Welshman (2012), states that this policy agenda is the latest reconstruction of the underclass debate. Giddens (1973, cited in Haralambos and Holborn, 2002) claims that Britain has an underclass of people who are disadvantaged on the labour market because they lack qualifications and skills, and may face discrimination, prejudice and marginalisation in society. The New Labour Government (1997-2010) linked disorderly behaviour to problem families and focussed on individual deficiencies rather than an acknowledgment of structural constraints, for instance; the effects of poverty on family relationships and parenting (Hill and Wright, 2003; Gillies, 2005, in Parr, 2009).

New Labour implemented Family Intervention Projects (FIP) that were framed from the Respect Action Plan in 2006. This was criticized by a parental and family support organisation Parentline Plus (2006), as threats of punishments to parents would impact negatively on families, and parents could be less willing to seek support before they reached crisis (BBC News, 2006). Initiatives like Signpost, provided intensive levels of support and understanding of multidimensional complexities, comprising of effective intervention for children and families within their communities (Dillane et al 2001, cited in Parr, 2009 ). Featherstone (2006) maintains this initiative was within the context of the social investment state, encouraging investment in human capital as opposed to direct economic provision provided by the state in the form of welfare payments. Postle, (2002 cited in Parr, 2009) argues that Signpost intervention was social work at its best allowing social workers time for effective communication and partnership working rather than the policing of families.

Levitas (2012) argued against research methodology used in the Casey Report (2012) and of the idea of multi-disadvantaged families being the source of society’s ills. Levitas (2012) claims; that the figure of 120,000 was founded on data from a secondary analysis of a Children and Families Report (2004). Literature suggests the figure of 120,000 families is underestimated, the number of multi-disadvantaged families is significantly greater (Levitas, 2012; Hern, 2012). The initial 2004 study found no evidence to indicate that the families were trouble makers as proposed but did find that they were families in trouble. As a result of changes in taxation, welfare benefits, spending cuts and the continuing effects of the economic downturn (Levitas, 2012).

Welshman (2012) advocates that history provides important lessons for policymakers and addressing both structural and behavioural causes of poverty is likely to be more effective than counting and defining such families. He believes there is little knowledge regarding reasons for behaviours and calls for research for combating problems that these families encounter. Casey (2012) has given an insight by using service users narratives and received positive responses from interviewees. However, her research does have further limitations; a small sample of sixteen families, all of whom were at crisis point when they accepted working with the FIP (Casey 2012). Soloman (2012) claims that vast number of vulnerable families are being left without any support. Casey (2012) made no reference to ethnicity and culture of the families, therefore giving no insight into diversity (Clifford and Burke, 2009). Bailey (2012) believes that the report breaches ethical standards for social research, the families interviewed are participants in the FIP and therefore had a power of sanction over them, therefore it may have been difficult for the families to decline from the study. No written information on the risks of participation was provided; he also suggests that ethical approval was not applied for. Bailey, (2012) believes that there is a risk of identifying these families. Casey (2012) acknowledged that the information was not representative of 120,000 families but claims that it provides a sound basis for policy. Nevertheless, Bailey (2012) argues that there is no place for unethical research in public policy making.

Comparative studies were not conducted on families with similar economic and social circumstances who are not described as ‘troubled’. Casey (2012) discussed intergenerational cycles of abuse, violence, alcohol and drug misuse as well as worklessness being reasons for ‘troubled families’ placing the oneness on individuals (Levitas, 2012). Kelly (2012) welcomes the Government’s commitment to aid families. He proposes that most parents on low incomes are good parents and believes that it is naive to conflate illness, inadequate housing and poverty with substance misuse and crime. Kelly (2012) also argues that many families involved with Family Action are socially isolated, invisible to support services who struggle on low incomes rather than displaying anti-social behaviours. The case studies gave the parents perspective, however, the voice and opinion of the child was unheard. Ofsted (2010) found practitioners concentrated too much on the needs of the parents and overlooked the implications for the child. The United Nations Convention on the Rights of the Child Article 12 declares, the views of the child must be respected, Article 3 states that the child’s best interests must be a primary concern (Unicef, 1992).

This essay will now discuss social work practice in relation to one of the families identified in Louise Casey’s Report (2012) Chris and Julie (appendix 1). In the past, adults like Chris and Julie who had learning disabilities may have been prevented from becoming parents, eugenic theories dominated, with the aim to ensure children with similar disabilities were not procreated (Cleaver and Nicholson 2007). However, in recent years attitudes are changing in favour of people with learning disabilities giving them the same rights as other citizens regarding sexuality and family life. An increased number of people with learning difficulties now have wider opportunities for independent living. According to Haavik and Menninger (1981 cited in Booth and Booth, 1993, p 203) deinstitutionalization enabled many people with learning disabilities to participate in their community. Duffy (2006, cited in Thompson et al 2008), states that self-determination is a core principle in attaining citizenship in western society.

The shift in opinions and principles is evident in government legislation and guidance thus impacting on social work practice, for instance; Valuing People: a new strategy for learning disability for the 21st century (2001), (DoH 2001) and Valuing People Now: The Delivery Plan (20102011) ‘Making it happen for everyone’ gives guidance for all professionals supporting people with learning disabilities living in the community (DoH 2011). In relation to the case scenario, Article 8 of The Human Rights Act 1998 (.1) provides Chris and Julie with

aˆ¦ ‘a right to respect for private and family life, his home and correspondence’; however, any interference with this right must be necessary and lawful with regard to public safety, national security, prevention of public disorders and crime, or for the protection of rights and freedoms of others’.

Both Julie and Chris have a protected characteristic of disability and therefore under the Equality Act (2010) should be protected from direct and indirect discrimination from service providers. However, children’s rights are paramount and override those of their parents or carers (DoH, 1998). Access to learning disability services in England was governed by Fair Access to Care Services (FACS) (DoH, 2003), until it was superseded by Putting People First (2007) and highlighted the need for a personalised Adult Social Care System (DoH, 2007).

Emerson et al (2005) found one in fifteen adults with learning disabilities living in England were parents and this research emphasised that approximately half of

children born to parents with learning disabilities are at risk from abuse and twenty five per cent no longer lived with their parents (McGaw,2000). Further research indicates that the majority of services are as yet inadequate in meeting the needs of families with learning disabilities (McGaw 2000). McInnis et al (2011) similarly found complexities in determining eligibility for service users. They indicated that decisions regarding eligibility are not only determined by assessment results but by local government resources. They advocate equality and argue that changes in assessment tools are necessary when working with families with learning difficulties. Chris and Julie reflect these findings as they only received intervention when they faced difficulties caring for their children.

The parental skills model would be advantageous for practitioners as it is designed to assist the assessment process when working with Chris and Julie. The model focuses on life skills, familial history and access to support services. McGaw and Sturmey (1994) found that if difficulties arise for parents in any of the three areas it Service users maybe uncooperative and reluctant to engage with services, perhaps due to anxieties and fear of consequences. For example; their children being removed from their care and their own childhood experiences. Cultural awareness and age appropriate interventions are necessary to enable partnership working (Egan, 2007 cited in Martin, 2010). Horwath (2011) found that although some social workers faced barriers to the Child-focused Assessment Framework, due to heavy workloads, time restrictions, performance targets and limited training opportunities. Others found that additional bureaucracy gave them a security in their practice. Smale, et al. (1993) highlighted the following models of assessment; questioning, procedural, and exchange model. The latter may be beneficial when working in partnership with this family as the service users are viewed as experts and aids their potential for working together towards goals.

When working with families communication can be complex; effective communication would include active listening skills, person centred planning and intervention, also avoiding the use of professional ‘jargon’ (Anning et al, 2006). The worker should be aware of non-verbal communication and power imbalances in their working relationship (DoH, DfES, 2007). It may be advisable for this family to access advocacy services to promote equality, social inclusion and social justice (actionforadvocacy.org.uk, 2012). According to Yuill and Gibson (2011), advocacy promotes anti-oppressive practice.

Horwath (2010) suggests positive relationships are built on trust. This echoes the person centred principles of Rogers (1961, cited in Thompson et al, 2008) enabling the practitioner to observe realistic emotional, somatic and behavioural responses from the child and family, that are essential for effective information gathering for assessments (DoH 2006). Martin (2010) argues in order to ensure an understanding of the service user narrative within a multi-professional context the practitioner should reflect and summarise and make accurate recordings. Information should be stored in accordance to the Data Protection Act, 1989 (legislation.gov.uk) and also be shared effectively between multi-agencies and safeguarding departments (Laming, 2003).

Numerous children have died from abuse and neglect in the United Kingdom (Brandon et al, 2005). In 2000, Victoria Climbie was subjected to cruelty by her aunt and her partner which resulted in her loss of life. Laming (2003) describes Victoria’s death as a ‘gross failure of the system and inexcusable’ and recommended reforms (1.18 p.3). In England, the government published the Framework for the Assessment of Children in Need and their Families (DoH et al 2000) and additional policy guidance came about in Every Child Matters: Change for Children (2003) that made all professionals accountable for safeguarding, child development, focusing on early intervention, joint sense of responsibility and information sharing with integrated front line services and an emphasis on children fulfilling their potential (dcsf.gov.uk 2012). The following year the Children Act (2004) Section 11 (DfES, 2005) gave clear guidance on multi-agency working and states that safeguarding children is everyone’s business.

The Children Act 1989 (DoH,1989) and the Children Act 2004 (DoH,2004a) currently underpin child welfare practice in England. The former Act considers the concept of a ‘child in need’ (section 17) and accentuates the importance family support services who both promote the child’s welfare and help safeguard and assist parents in their role. In addition Working Together to Safeguard Children (2010) gives extensive guidance on collaborative working and defines roles and responsibilities of professionals (HM. Government 2010). This guidance is presently being revised and reduced to alleviate bureaucracy for professionals, however Mansuri (2012, cited in McGregor 2012) argues that the real safeguarding concerns are unmanageable caseloads, plummeting moral and cuts to support staff and criticises the government for failing to consult more practitioners regarding these changes.

An example for effective working together that may benefit the family in the case scenario is Team around the Family (TAF) intervention. This encourages effective, early identification of additional need, it assesses strengths and is restorative in approach that provides the family opportunities for change and enhances multi-agency collaboration (cheshirewestandchester,2012). Family mentoring services may also be useful in this case (catch-22.2012).

Children’s Services in England and Wales adhere to The Framework for the Assessment of Children in Need and their Families (DoH et al 2000). The Assessment Framework provides an ecological approach of the child’s developmental needs, parenting capacity, family and environmental factors. This ecological approach was championed by Bronfenbrenner, (1979, cited Martin, 2010) found that by incorporating the microsystem, exosystem and macrosystem benefited both practitioners and service users by enabling wider societies influences of culture and economic circumstances to be considered in assessment (Wilson et al, 2011). This evidenced- based framework aims to ensure that the child’s welfare is both promoted and protected (Cleaver et al, 2004).

This framework provides a consistent method of collating and analysing information, thus giving practitioners a more coherent understanding of the child’s developmental needs, the capacity of their parents and the influence of the extended family and other environmental factors that impact on the family (DoH al, 2000). However, Garrett (2003; Rose, 2002 in Crisp et al, 2007) believe that the underpinning evidence for the Framework for the Assessment of Children in Need and their Families (2000) is problematic. Howarth (2002 in Crisp et al, 2007) suggests that accompanying specific guidance for children from black and ethnic minorities are less widely circulated than the framework document. Katz (1997, cited in Crisp et al, 2007) accuses the framework as being mechanistic checklists used by inexperienced staff as data collection tools and loosing focus on identifying and meeting the needs of children (Horwath, 2002 cited in Crisp et al 2007).

Likewise, Munro (2011) challenged all professionals to ensure that our child protection system is centred on the child or young person, as she believes the system has lost its focus on the child’s needs and experiences and has been too focused on rules, time-frames in assessment and procedures. At present an initial assessment is carried out ten days from referral and a core assessment must be completed within thirty-five days of an Initial Assessment, and would be undertaken to initiate child protection enquires (DoH et al, 2000). Practitioners use twin tracking and pursue other possibilities for the family (scie-socialcareonline.org.uk). This may be ethically and emotionally difficult for practitioners; they should ensure supervision and adhere to their professional standards of proficiency and ethics (HCPC, 2012).

Munro (2011) urges the government to value professional expertise and revise statutory guidance on service intervention and delivery and calls for more focus on understanding the underlying issues that influenced professional practice that resulted in Serious Case Reviews. Munro (2011) also calls for reforming social work training and placement provision for students. The government accepted Munro’s recommendations and changes to the system will be implemented in 2012 (DfE 2011).

Damien (see appendix 1) meets the threshold criteria for intervention under section17 (10) of The Children Act (1989) as his health or development may be significantly impaired without support services. At present he does not appear to be at risk of significant harm, however a core assessment may be beneficial in determining the appropriate support services (HM Government, 2010), examples include Youth Offending Teams (YOT) who deliver crime prevention programmes (youth-offending-team, 2012), Special Educational Needs Coordinators (SENCO) and learning mentors provide support in educational settings (Good schools guide,2012). It is vital throughout the assessment process that practitioners are non-judgmental and use reflective practice and have an awareness of transference and counter-transference to disperse any negative responses and feelings (DoH, 2000; Wilson et al, 2008).

The practitioner should draw on theories of human development through the lifespan as well as sociological, biological, psychological and psychosocial theories. For example; biological theory would consider genetic influences, physical development and instinctual behaviours whereas the sociological perspective would emphasise the importance of social factors (Horwath, 2010). It may be that the family are living in poverty and had have not been in receipt of full benefit entitlements or support services; it would be advisable to contact relevant welfare agencies and seek professional assistance for financial support to aid this family (family-action, 2012).

The Children Act (1989) states that for the majority of children their family is the most appropriate place for them to live. However, the local authority has a duty of care and Madison (see appendix 1) needs to be accommodated under section 20 of the Children Act (1989), as she is a child in need (section 17) or a child at risk of significant harm (section 47). Chris and Julie have parental responsibility for their children until they are adopted (D of H, 1989; 2000; HM Government, 2010).

When assessing families the practitioner should have an understanding of theories that inform practice. In relation to Erikson’s (1982) theory of psychosocial stages of development, it could be suggested that Madison is in the fifth stage of development known as; Identity and Repudiation versus Identity diffusion. This stage usually will occur between ages 12-18. Throughout adolescence children are becoming more independent and developing a sense of self. Madison could experience confusion in this stage as she has spent time in kinship and residential care. Erikson (1982) believes with encouragement, reinforcement, and through personal exploration adolescents can leave this stage with a strong identity and direction in life. If Madison fails to pass through this stage successfully she will be insecure about herself and her future (Erikson, 1982 cited in Wilson et al 2008). Hamachek (1988) suggests this theory is ambiguous in identifying behaviours of an individual’s psychological growth throughout different stages of development.

Chris and Julie have had one child adopted and have been unable to parent eight of their nine children. During assessment practitioners should have an understanding of attachment categories and relating behaviours; it could be that some of Chris and Julies children developed anxious-ambivalent attachments. Role reversal may have taken place, thus resulting in the children becoming angry about the unreliability of the carer and possibly the reason for them displaying anti-social behaviours Ainsworth (et al., 1978 cited in Becket and Taylor, 2010). Early attachment theory was criticized for denying women equality in the workplace by implying that the risk of mothers leaving their children would be detrimental to their children’s development (Beckett and Taylor, 2010). With regard to Julie and Chris, the local authority could undertake a pre-birth assessment and multi-professional case conference under (section 47) of the Children Act (1989) to evaluate parenting capacity, family and environment, and their ability to sustain parenting to meet the child’s developing and changing needs (Department of Health 1989; Department of Health, 2010).

Specialist assessment tools for parents with learning disabilities would assist the couple in their understanding and partnership planning (McGaw, 2000; cited in Wallbridge, 2012). Both Chris and Julie have completed a parenting course and this is positive as they had not done so previously (Casey 2012). Wallbridge (2012) claims successful support packages offer intensive, continuous training for parenting, for example group work and life skills in the home, both parents feeling valued are often positive catalysts of change. A recent government report (2012) however, identified the child protection system as being reactive rather than proactive with regard to young people accessing services. It warned that professionals gave the parents numerous changes to improve their parenting skills and children were left to live with neglectful parents (publications.parliament.uk, 2012)

This essay has critiqued the report ‘Listening to Troubled Families’ by Louise Casey (2012) and found limitations in the methodology. It considered the needs of a family identified and critiqued the role and skills of a social worker in safeguarding. It has argued the importance of effective multi-professional collaboration, knowledge of contemporary legislation, practice and theories with regard to implementing partnership working to support children, families and carers. It also identified external explanations ; poverty, isolation and late intervention can impact on these families. Munro (2011) urges the government to value professional judgements and change statutory guidance in order to help safeguard children.

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Family Action- Welfare Support

Available at: http://www.family-action.org.uk/home.aspx?id=11578

[Accessed on 28th October 2012]

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I will develop my professional identity as a mental counselor in many ways that will benefit the mental health profession and myself. To aid me in this endeavor, I will seek guidance from the American Counseling Association’s (ACA) Code of Ethics for mental health counselors and work diligently to apply their five ethical principles. These five principles are: Beneficence, Nonmaleficence, Autonomy, Justice, and Fidelity (American Counseling Association, Code of Ethics, 2005). To apply these principles it will be necessary to not only play the role of a highly credentialed counselor, but also act as an educator, researcher, advocate, and example to others. Below, I will briefly describe each ethical principle, and follow with an in-depth explanation of how they will be applied through each role, and how each pertains to the development of my professional identity.

Beneficence means to do good and to take measures to prevent harm whenever possible. (ACA, Code of Ethics, 2005). I will apply the principle of beneficence by promoting the welfare of the client at all times. I will purposely act for the benefit of the client. I will advocate for my clients behalf and pursue their best interests at heart.

Nonmaleficence

The principle of nonmaleficence means do no harm. This principle maintains the idea of not inflicting intentional harm, or engaging in actions that risk harming others (ACA, Code of Ethics, 2005). I will apply this principle by avoiding harming others, and instead will work to promote their well being. I will work to eliminate threats and remove any elements that would result in harm to my clients. I intend to develop treatment plans that will help and improve their situation. Great consideration will be given on weighing the risks and benefits of treatment plans. Additionally, I will never encourage my clients to take action that would harm others.

Autonomy

The principle of autonomy describes the freedom to make one’s own choices and decisions (ACA, Code of Ethics, 2005). As a counselor, I will appropriately encourage my clients to act upon their own beliefs and values, and choose what they believe to be the best course of action. However, while it is important to promote the client’s independence, I must also protect them from the potential harm of their decisions and actions. I will explain to the client the nature of being autonomous while at the same time provide reasoning as to how their decisions may negatively affect their lives and the lives of others. However, in some instances where the client is underage or not of sound mind, it will be necessary for me to intervene, especially if their decisions are irrational and may harm others.

Justice

The principle of justice simply means treating others fairly and equally (ACA, Code of Ethics, 2005). I will apply the principle of justice by respecting each and every client’s rights. I will show appreciation for my clients and hold them in high regard. I will maintain awareness and strive to provide each and every individual with equal access to quality services, and in no circumstance discriminate or exploit my clients.

Fidelity

The principle of fidelity involves the concept of maintaining loyalty and an honoring of commitments (ACA, Code of Ethics, 2005. In my counseling practice, a client-centered approach will be used to develop a trusting and therapeutic relationship with my clients. Setting aside my personal concerns and needs, I will practice fidelity by actively listening and giving my clients my undivided attention. I will honor them by showing unconditional positive regard and acceptance. I will honor all commitments that I have made and will avoid leaving any obligation unfulfilled.

Credentials

My plan of action first begins with building my credibility and continued pursuit of obtaining my counseling credentials. I will take advantage of every learning opportunity and obtain my master’s degree counseling education through an accredited counseling program. Shortly thereafter, I will apply for licensure to become a mental health counselor through the Utahaa‚¬a„?s Division of Occupational and Professional Licensing. In order to obtain licensure, I will pass the following examinations: (a) the Utah Professional Counselor Law, Rules and Ethics Examination;(b) The National Counseling Examination of the National Board for Certified Counselors (NCE) and (c) The National Clinical Mental Health Counseling Examination of the National Board of Certified Counselors. Once licensed, I will then be identifiable to the general public as a professional counselor who possesses the knowledge and skills set forth by governing boards and the counseling profession (The Utah Department of Occupational Licensing, 2010).

Educator

As a Licensed Professional Counselor, I will continue to strengthen my professional identity by carrying a sense of professional pride and openly acknowledging to others that I am a counselor. Seeking out and seizing every opportunity to educate others, I will be steadfast in correcting misidentifications of my profession by friends, family, clients, and the public. I will make a clear distinction between the counseling profession and other helping professions. Being a visible presence within the community, I will work in various settings and all populations. I will educate others on the roles and functions of a licensed professional counselor, as well as explain what it takes to become one.

Example to Others

I will carry a sense of social responsibility, act with integrity, and practice good ethics professionally and personally. To increase my effectiveness as I mental counselor, I will seek out personal growth and healing, and model a positive productive behavior to others. I will work to manage my stress and prevent burnout by maintaining a balance between work and play. I will address and resolve personal conflicts and will continually assess my own level of personal wellness, the areas in which I need to grow, and my professional goals.

I will work also to ensure that each client I serve has a positive experience with mental health counseling. I will put aside my own needs, and act only in ways that will benefit the client. I will strive to understand, accept, and acknowledge my own limitations, and seek out help when needed. I will show empathy for my clients and express a genuine concern for their well-being.

Research and Practice

To further foster my professional identity, it is of great importance for me to create a visible and positive image of mental health counseling and its professionals. Accomplishing this will require a demonstration of ethical competence and credibility. I will use an evidence-based approach within my counseling practice to give me a higher degree of ethical competence and credibility (Sexton & Whiston, 1997). I will work to advance my profession by contributing new knowledge to society at large and the mental health profession. In practice, I will conduct research and investigate the cause-and-effects of behavior in a scientific manner. I will share results of this research with other counselors, so that the mental health-counseling practice can be informed at a larger scale. I will evaluate whether or not treatment approaches are working and will strive to always find a better approach.

I will stay abreast on the changes within the mental health profession, but will be cautious, and critically minded when new information is presented

Advocacy

Advocacy will be an intricate part to the development of my professional identity.

As stated in my discussion posting:

My reason for choosing to be in the helping profession of mental health counseling is to

be a facilitator of positive change in others. On a grander scheme, my wish is to create

more positive social change within my own profession in the hopes that the mental

health profession will positively impact society at large. As a mental counselor, I will

support this vision by advocating for my clients, my profession, and myself. To

accomplish this objective, I will need to observe, listen, and recognize social barriers

that cause distress. To reduce such barriers, I will need to become actively involved, be

prepared to speak up for others, challenge rules and regulations, and be open to scrutiny.

I will need to be tenacious, patient, persistent, creative in problem solving and have the

ability to persevere when setbacks happen. Additionally, I will need to be somewhat

altruistic, and giving of my time and services for little or no compensation (Smith, 2010, February 16, COUN 6100-3 Discussion section).

I recognize and acknowledge that taking such a role will challenge my level of comfort. I am ready and willing to use every resource that I possess and look forward to collaborating with other mental health professionals to promote positive change.

Professional Affiliations

With a collaborative spirit, I seek to work with such organizations that advocate for causes that affect the mental health profession in a positive way. I am planning to join both the American Mental Health Counseling Association (AMHCA) and the American Counseling Association (ACA). Their goals and mission have a lot in common with my professional values. Like myself, their mission is to enhance the health counseling profession through advocacy, professional development and education. They also seek to improve the standards of professional counseling, and distribute information that would further human development and the profession of counseling (AMHCA, 1995, ACA, 2005). Additionally, both professional associations are compatible with my professional values since they do not support the mistreatment of clients but seek to promote their welfare and provide the best service possible. Both organizations offer many services that will promote my values of growth and development, by providing opportunities for professional development, leadership training, advocacy services, continuing education classes, and access to publications (AMHCA, 1995, ACA, 2005).

Another association that I plan to be affiliated to is the Association for Lesbian, Gay, Bisexual and Transgender Issues in Counseling (ALGBTIC). The ALGBTIC is a division of the American Counseling Association. The ALGBTIC allows any individual that has interest in LGBT issues to apply for membership. Its mission is to promote greater awareness and understanding of gay, lesbian, bisexual, and transgender issues Their goals are to educate counselors on the unique needs of client identity development (ALGBTIC, 2009). They furthermore seek to strengthen counselors’ professional skills relating to sexual minorities. The mission and goals of ALGBTIC are compatible with my values because they seek create positive social change within society. They are working to remove the social barriers of prejudices and biases, and additionally are promoting non-discrimination and cultural competence within the counselor.

Social Changes

In the interest of removing social barriers that can greatly inhibit the provision of quality counseling services, I am interested in joining ACA and AMHCA in their advocacy for insurance reform. I will begin working within these professional associations to influence policymaking and legislation of healthcare policies.

I will also continue to educate myself on the ethical and legal standards of mental health counselors, and work to prevent the occurrence of professional issues. I will research some of the common professional issues (informed consent, confidentiality, client autonomy, compromised client care) that have arisen as a result of managed health care and third party reimbursements, and work to develop a contingency plan as to how best approach such issues.

As stated in my discussion posting:

Additionally, I intend to focus on advocating for client needs, specifically those in

poverty. I would like to focus on helping these individuals get the help they need. First

by, educating these individuals about the benefits of mental counseling, secondly, by

getting more affordable or free counseling services provided to those who cannot afford

it, and lastly to work to increase visibility to these individuals that such resources exist.

To carry out such objectives, I will fundraise for treatment centers and work to get

government funding as well. I will need to devote my time and resources for gathering

data that supports my agenda. I will collaborate and network with other professionals

and community organizations in the hopes of raising funds and influencing

policymakers. I will need to educate policy makers and the public about the mental

health profession. Being a member of counseling organizations such as the American

Counseling Association (ACA) will support my advocacy process. ACA provides its

members with information as to what’s going in all levels of government. They can

furnish me with the names of the key persons that can push my agenda (Smith, 2010, February 16 COUN 6100-3 Discussion section).

In the interest of removing social barriers that can greatly inhibit the provision of quality of life, I would like to also focus my efforts on reducing obesity in America.

As stated in my discussion posting:

I believe the addiction to food can be just as strong as an addiction to drugs or alcohol.

As we all know, the problem of obesity and weight related illnesses and disease

continue to grow. Many programs seem to address the mere symptoms of being

overweight by changing diet and incorporating exercise, but fail to address our

relationship with food. Healthy eating and exercise is only part of the battle. I truly feel

that the only approach to healing any problem is an honest examination of its symptoms

and roots, which is why I am interested in advocating for my public awareness of the

effects of emotional eating and how it should be treated (Smith, 2009, September 10, COUN 6000 Discussion Section).

Attitudes

The professional I interviewed in the mental counseling field is Sandy, a Licensed Professional Counselor for a very busy local counseling center. Sandy has been a licensed and practicing counselor for ten years. On an average workday, she services eight to nine private clients. Sandy describes her workplace as fast paced and quite stressful at times. Sandy’s work schedule varies in time of day to accommodate the needs of clients. She works with individuals, couples, and groups. Sandy also works with a variety of populations with many different problems. However, Sandy specializes in working with individuals who have post-traumatic stress disorder, anxiety, depression, and bipolar disorders. She also spends a great deal of time working with individuals who have drug, alcohol, and domestic abuse problems. Sandy’s work schedule varies in time of day to accommodate the needs of clients. She has group therapies on four evenings a week, consisting of seven to ten clients to a group.

Sandy disclosed that it can be frustrating when clients cancel or do not show up for their appointments, and that she only receives compensation for the counseling services she provides. However, this did seem to be of great concern for her. For instance, she mentioned the need for counselors to be altruistic and explicitly stated that providing therapy for Medicaid patients is not about making money, and that not much financial compensation is provided. On a side note, I was very surprised to learn that Sandy is not a member of any professional counseling organizations.

Sandy demonstrated a very positive attitude towards the mental health counseling profession, and a great sense of fulfillment in what she does. Her perspective and attitude towards mental health counseling was refreshing and inspiring. Sandy has an altruistic nature and is quite giving of her time. While discussing her feelings about the profession, she exhibited much passion, and little frustration.

The attitudes that Sandy and I carry towards the mental health profession are quite compatible. We both strive for positive social change and to bring out the best in others. Like myself, Sandy encompasses a philosophy of prevention and personal growth. We both share the belief that individuals can solve their problems. I have always believed that I can think my way out of anything, and to utilize every resource available to me. Sandy and I both tend to look at people and their situations in a holistic manner. Sandy conveyed a belief that a person’s condition is temporary. I feel the same way; I believe we all go through season of productiveness and progression, as well as dysfunction and regression.

The common thread that I see between my attitude and Sandy’s is that a career in counseling is more than just providing a financial income, it is a profession that nurtures our sense of purpose and valued connection to others.

I like that the profession of counseling allows me the freedom to use a combined approach of science and personal experience. What also appeals to me is that the mental health profession considers the psycho, social, and biological factors of a person’s situation. I would rather focus on mental wellness rather than a narrow focus on mental illness, this is the main idea or attitude that I harbor towards the mental health counseling profession.

Defining the differences between helping behavior and a helping relationship lies in the nature of the interactions between the parties. At one time or another everyone has provided support or advice to friends. A friendship is casual in nature with the tone of availability and support. Friendships are not bound by a code of ethics, but by an “understanding and desire to build the relationship” (Young, 2008). Usually advice is freely given, with little thought of the potential outcome, and the conversation is reciprocal. What may come easily for the friend with a sympathetic ear would not lend favorably in a professional helping relationship.

A professional helping relationship in counseling or psychotherapy has a fairly consistent nature. Deciding how one wants to practice, either privately or part of an organization, and determining the focus of the practice as well as the type of population one wants to serve is only the first step of building this professional helping relationship. It has a purpose and can be entered into for different reasons.

The person seeking this relationship could be looking for help with a problem or specific issue needing further understanding, resolution, and closure, or it can be a relationship that begins with a referral from another provider. “Therapy represents a complex power relationship” (Anderson &Handelsman, 2009) and this helping relationship is formed with specific expectations. It is structured and consists of regularly scheduled meetings, prearranged by time and place. It is dynamic as defined by Anderson & Handelsman, (2009) “clients have the power to decide whether to come, yet both therapists and clients share decisions making about the therapeutic goals and some of the general strategies.” This relationship is bound by standards, practices and a Code of ethical responsibility.

Every client is not the same. Each one brings with them not only their own issues but their own heritage and cultural background that influence their belief system, values and ideas that may be foreign to the therapist. A challenge that the therapist may face is in understanding how they feel about dealing with a person with a belief system different from their own. “Effective helpers come to understand the personal cultures of clients” (Eagen, 2002) and therefore should spend some time searching their own personal beliefs and values. A counselor’s personal beliefs and value systems can influence the interactions that they have with their clients. Eagen (2002) speaks to this interaction and goes on to say that “understanding clients’ different approaches to developing and sustaining relationships is important” knowing where one stands in their personal beliefs and being sensitive to those differences helps the counselor enter the relationship without judgment to value and respect the individual.

Mark Young’s Learning the art of Helping listed characteristics of a therapeutic relationship. They are:

There is a liking or at least respect [of the client].

The purpose of the relationship is the client’s issues.

There is a sense of teamwork as both helper and client work toward a mutually agreed upon goal.

There is a contract specifying what will be disclosed outside of the relationship. Safety and trust are established.

There is an agreement about compensation for the helper.

There is an understanding that the relationship is confined to the counseling sessions and does not overlap into personal lives.

As a contractual relationship- the relationship can be terminated at anytime.

A counselor’s job is to listen to the client. To listen to not only what is being said, but by how it is said. Subtleties or changes in tone of voice, cadence, and body language all help the client to share their story. The therapist may find that the client is using emotional communication; or emotional language. This can contain both positive and negative feelings. Having an understanding that feelings are more than what is being said, “familiarity with feeling synonyms can enhance . . . perception of the client’s emotional state” (Knapp, 2007).

The use of empathy, allows the client to understand that the counselor is present and really focused on what is being said while validation and normalizing communicates to the client that they are in their own way unique, but not so unique that they are alone in whatever may be going on for them.

As the counselor listens, [they] must decide what responses may be helpful to the

client . . . and question, confront, or challenge the client in response. These are the

responses that make the counseling relationship unique, and these are the behaviors that build trust between the client and the counselor. (Glasser, 2004)

Empathy

Empathy is a natural response to being with another person. “Emotional empathy is responding to another’s feelings” (Young, 2002). Empathy facilitates connections with a client because it shows that the therapist understands the person’s viewpoint. It is an important part of the therapeutic process and is seen as “a basic value that informs and drives all helping behavior” (Eagen, 2002). The use of empathy, allows the client to understand that the counselor is present and really focused on what is being said while validation and normalizing communicates to the client that they are in their own way unique, but not so unique that they are alone in whatever may be going on for them.

For example, a client comes into therapy stating that her son’s constant negative reactions to her requests are beginning to make her feel like a failure. An empathic response would be to reflect back to the client what has been said, because the counselor has listened to the experience and can reflect the emotion while describing the feeling, allowing the client to feel heard and understood.

One cannot think about using empathy effectively and not reflect on the work of Carl Rogers. Rogers used empathy to help a client feel understood; resulting in a feeling of empowerment and ability to solve their own issues as well a draw useful conclusions to their situation. His belief was that a therapeutic helper should meet a client with congruence, empathy and unconditional positive regard aligned with his therapeutic philosophy that “clients would move toward growth and positive outcomes if the helper provided the right environment” (Young, 2002). Kottler, (2007) described Rogers client centered therapy as a “power of nurturing relationships that offer respect, acceptance and warmth”.

Silence

The effective use of silence as a way of listening to a client allows presence

without intrusion. A form of non verbal communication attentive silence can be used when a client is given space to “reflect . . . and take time to think” (Young, 2008). Being able to hold the safe space and be quiet when the client is not speaking can present some challenges to a therapist. Being comfortable enough to allow the client to reflect, feel or view a problem or situation in a new way can all take place in moments of silence, and “when the client speaks again, a significant breakthrough in his thinking may occur” (Glasser, 2004).

As a professional, one needs to understand the nuances of their interaction with others as they determine how to help without hurting and support to those in need. Learning how to become an effective helping professional is a process of gaining knowledge from others and looking closely at self. Young (2008), offered advice on this stating a “reflective practitioner requires a commitment to personal awareness of your automatic reactions and prejudices and taking time to think on them”.

In deciding how one wants to practice, either privately or part of an organization, and determining the focus of the practice as well the type of population one wants to serve is only the first step. Building trust, a safe environment, and a professional demeanor is another. “In the role of therapist, . . . the therapy is about the client” (Knapp,2007). But it is the therapist’s responsibility to monitor the relationship and address issues as they arise through supervision and referral if they cannot be resolved.

Privacy and confidentiality with family or group

“Privacy is the client’s right to keep the counseling relationship a secret” (Cottone & Tarvydas, 2007). Therefore all aspects of the relationship fall under this definition. It is the counselor’s responsibility to ensure that all information shared is held strict confidence, and are guaranteed to be held in confidence unless the client approves the release of the information shared within the session. “Confidentiality is the obligation of the professional to respect the privacy of clients and the information they provide (Cottone & Tarvydas, 2007).

At the start of the professional relationship it should be made clear to client the limits of confidentiality. These specific situations include:

When presenting as a danger to self or others

Duty to warn another individual of an identifiable threat

Duty to protect said individual by some intervention or help

Any disclosed information about child or elder abuse or neglect

When questioned by parents or guardians when working with a minor

Consultation with other professionals or students of counseling

(Cottone & Tarvydas, 2007)

Breaking confidentiality outside of these limits can be devastating to a therapeutic relationship. “Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium” (APA, 2002), including files, internet or email correspondence and voice mail. Although therapists are human and subject to lapses of awareness and misguided judgments there is little room for such a grievous error.

For a practice that involves more than one individual as in the case for family or group therapy it is important that all people participating in the therapy understand “their roles and their relationships with all parties” (Fisher 2009). Since the therapeutic relationship is built on trust, a client that does not know the limits of the counselor’s sharing of information can be put in a potentially awkward or unsafe situation. It is the counselor’s job to explain roles clearly through the process of obtaining informed consent because all “clients have a right to know in advance . . . any limitation of privacy [and] confidentiality (Pope & Vasquez, 2007).

Standard 10.02 of the APA Ethics code defines Therapy Involving Couples or Families:

(a) When psychologists agree to provide services to several persons who

have a relationship (such as spouses, significant others, or parents and

children), they take reasonable steps to clarify at the outset (1) which of

the individuals are clients/patients and (2) the relationship the psychologist

will have with each person. This clarification includes the psychologist’s

role and the probable uses of the services provided or the information

obtained.

(b) If it becomes apparent that psychologists may be called on to perform potentially conflicting roles (such as family therapist and then witness for one party in divorce proceedings), psychologists take reasonable steps to clarify and modify, or withdraw from, roles appropriately (APA, 2002).

Building trust, a safe environment, and a professional demeanor is important. By helping a client become comfortable and able to share what is on their mind, the therapist can avoid a power differential and can begin to establish a respectful and helping relationship. Regardless of where one chooses to practice, the foundational principles of that practice needs to be ethical.

Personal and professional growth

“Competence is the cornerstone of ethical practice; ethical behavior is contingent on intellectual and emotional competence” (Pope & Vasquez, 2007). A Practitioner should strive for constant personal and professional growth, but needs to be aware of personal limitations and stress while balancing multiple responsibilities and incorporate a system of self care.

Section 2.06 of the Code of Conduct speaks to competence and addresses personal problems and conflicts.

Refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work related activities in a competent manner.

Become aware of personal problems that may interfere with their performing work-related duties adequately, take appropriate measures such as obtaining perofessional consultation or assistance, and determine whether they should limit, suspend or terminate their work-related duties.

(APA, 2002)

A simple formula to help achieve balance includes personal awareness, the counselor knowing the limits of his/her skills, participating in on going training, maintaining supervision to discuss ethical concerns and client progress, and know about current research and findings.

“Therapy represents a complex power relationship” (Anderson & Handelsman 2009). The counselor should be aware of his/her own system of judgments and as these and personal values are an important part of upholding ethical principles. He/she also needs to be aware of his/her client’s values remembering to be respectful and careful not to impose personal beliefs onto the client. The counselor holds all the responsibility to the client and all interactions need to remain within that framework.

Maintaining a sense of balance and self care is vital to maintain an integrated and cohesive lifestyle. The therapist needs to determine obligations and life choices that are true to the self, looking deeply at beliefs, values and virtues held to know where one stands. Having the internal battle for good or bad, right or wrong is not conducive to good mental health. Decisions made impact not just the therapist and client, but families, spouses, partners and colleagues.

Ethical considerations and responsibilities

“Ethical awareness is a continuous active process” (Pope & Vasquez, 2007). As a practitioner strives for personal and professional growth they need to be aware of personal limitations, stress, and balancing multiple responsibilities.

To ensure that therapists, clinicians, and counselors uphold high professional standards the American Psychological Association (APA) developed the Ethical Principles of Psychologists and Code of Conduct (ethics code). Serving as a guide to dictate procedural applications and conduct within a therapeutic setting. “Ethics standards set forth enforceable rules [and the fact that] a given conduct is not specifically addresses by an ethical standard does not mean that it is necessarily either ethical or unethical” (APA, 2002).

The Code of Ethics is a document full of information and far too lengthy for full review here. It is not for the purpose of argument but for a deeper understanding of the subject that this writer will review ethical standards for confidentiality and privacy, and how a self care strategy can help a therapist avoid burnout and making mistakes.

Principles

The APA has identified moral principles as being the basis for ethical guidelines. They are Beneficence and Nonmaleficence, Fidelity and Responsibility, Integrity, Justice, and Veracity.

Beneficence and Nonmaleficence – Implies that the professional avoids doing harm, intentional or unintentional, remaining within the scope of practice, and informing clients of any risk.

Fidelity and Responsibility – Striving to establish trust with those with whom therapists work. Upholding professional standards of conduct clarify professional roles and obligations and accept appropriate responsibility for behavior.

Integrity – Seeking to promote accuracy, honesty, and truthfulness in the science, teaching and [practicing of psychology.

Justice – Fairness or equal treatment for all. Advocating for client services, and respecting cultural differences.

Respect for People’s Rights and Dignity – respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination. Being aware that special safeguards may be necessary to protect the rights and welfare of persons or communities whose vulnerabilities impair autonomous decision making. Being loyal, terminating and referring a client when necessary.

(APA 2002)

Knowledge of the ethics codes need to go beyond just the writing on the page. “Ethical responsibility entails continuous awareness to prevent compromised performance” (Pope &Vazques, p.50) and therapists are expected to be knowledgeable and understand the guidelines that are in place. “A lack of awareness or misunderstanding of an Ethical Standard is not itself a defense to a charge of unethical conduct.” (APA, 2002).

In her article The Ethics of Being Ethical Patricia Stevens PhD (2000) University of Colorado-Denver explains “as we struggle to juggle aspects of our professional lives, we may choose to make life easier for ourselves by ignoring some of the basic ethical guidelines. . . [and] we develop multiple rationalizations to justify our behavior”. It is even easier to do when the therapist finds themselves under stress, distressed or pre-occupied with personal issues.

Asking for help, utilizing supervision and taking time to recharge is one way to help the counselor avoid breach of this very important ethical mandate. It is expected that the therapist has enough self awareness to recognize the fact that they are not performing up to capacity or are nearing burnout.

Boundaries can be defined two ways, permeable and flexible or impermeable and rigid. Although sometimes a mystery a therapists boundaries need to be flexible enough to adapt to the needs of the client while at the same time hold firm the expectations of the practice. Dimensions of personal boundaries are the responsibility of the therapist. One can follow ethical rules and mandates and still be flexible enough to be inclusive and culturally sensitive.

Boundary violations

Pope and Vasquez’s Ethics in Psychotherapy and Counseling (2007) listed twenty justifications that for crossing professional boundaries. Seven of them are listed below and all of them start with the phrase it’s not unethicalaˆ¦

If we have written an article, chapter or book about it.

As long as we can name others who do the same thing.

If we were under a lot of stress.

If no one has ever complained about it.

If the client asked us to do it.

If we could not (or did not) anticipate the unintended consequences of our acts.

If it would be almost impossible to do things any other way.

Counselors should be aware that “demonstrating behaviors like little to no self disclosing, not initiating social interaction with clients in a public setting, not entering into business arrangements with clients and not doing therapy with those whim you have relations” (Anderson & Handelsman, 2009), can help to keep boundaries in place. Questionable ethical practice in the areas of coercion, touch, gifts and sex are inappropriate and should not be tolerated.

In the spring of 2003 the American Counseling Association (ACA) assembled the Task Force on Impaired Counselors to “address the needs of impaired counselors and their clients” (ACA.org). The purpose of the task force was to design ways to help counselors that are impaired and get a better idea of the needs of the field.

Areas identified by the task force indicated that needs existed in the following areas:

Prevention and resilience education. Education efforts build on counselor strengths, helps counselors identify areas of vulnerability and provide strategies to promote wellness.

Resources, intervention and treatment including access to resources for impaired counselors and establishing best practice criteria for those who counsel and supervise impaired clinicians.

Advocacy within the ACA to address the needs of impaired counselors – through clarification of ethical guidelines providing access to services for impaired counselors before ethical concerns arise and addressing the stigma associated with seeking mental health treatment among counselors.

(counseling.org)

Glenn O Gabbard addressed patient-therapist boundary violations in his article Prevention of Boundary Violations: the roles of education, self-monitoring, and consultation (2008). Gabbard states his belief that education of the therapist and the public is useful to identify to the therapist and client to the “slippery slope concept one can reach with a subtle break in the therapeutic process.” He goes on to say the consultation can point out “blind spots in the therapist’s relationship with the client” with these two examples.

Anything you are doing with a patient should be something that can be freely shared with a consultant.

Anything you feel you must keep a secret from the consultant is exactly what you should be sharing.

Monitoring and self scrutiny are used to see that the counselor is balancing his/her life so that “emotional needs are met in the context of personal relationships in one’s private life . . . Gratification in doing the work cannot take place of an intimate relationship outside the therapeutic setting” (Gabbard, 2008).

There is value in learning how to develop positive self care strategies to use when feeling overwhelmed, stressed out, or emotionally, spiritually and financially drained. “As professional helpers, counselors have an obligation to model self care behaviors. . . and, when necessary, [seek] help from others” (McCarthy, 2008). Finding or developing a strategy that works may take some time but ultimately appears to be worth the effort.

Therapists do not enter the field with the intention of violating a client’s confidentiality or with intent to abuse or hurt in any way. But boundary violations, breaches in ethical responsibility and other incidents do happen. Gabbard, (2008) presents a model of asking oneself questions like “is what I am doing part of a carefully thought out treatment plan? Is anything I am doing potentially exploitative of the patient’s vulnerability? Is there anything I am doing that I could not share with a colleague?” Reflection on question like these may help to make a counselor aware of potential ethical or boundary violations.

“As counselors we must demonstrate the same level of commitment to self awareness, self care and balance for ourselves as we have for our clients” (ACA.org) ???

IntroductionCompany Background

Cheniere Energy was founded in 1983 and is a world leading liquefied natural gas (LNG) company. Through its subsidiaries the company engages in the development, construction, ownership, and operation of onshore LNG receiving terminals and natural gas pipelines in the Gulf Coast of the United States. It also engages in oil and natural gas exploration and development activities. Cheniere Energy is based in Houston, Texas with offices in Johnson Bayou, Louisiana, and London – called Cheniere International UK Branch. The London office consists of six people who are responsible for sourcing and trading LNG cargoes for Cheniere as well as managing the day to day operations and activities of the office.

Purpose of the Report

The purpose of this report is to examine work issues at Cheniere International UK Branch resulting from office harassment and specifically the conflict between an office assistant and the operations manager. It focuses on the interactive behaviour themes relating to communication, work relationships and leadership.

Definition of Interactive Behaviour at Work

The term interactive behaviour at work refers to the reciprocal communication conduct of two or more persons. It covers both their overt behaviour and the factors and processes underlying it. It also extends to the use of communication for purposes such as self-presentation, co-operation, influencing others, working in groups and leadership. (Guirdham, 2002)

Definition of the Themes
Communication

According to Guirdham (2002) communication is a process of transferring information from one entity to another. Interpersonal communication at work may be face-to-face or indirect, formal or informal, and transmitted verbally or non-verbally. Communication is affected by language, communicator style, the differences between one- and two-way communication, power and status, culture, gender and disability. These effects on communication give rise to barriers, which can be analyzed as intrinsic, individual level and inter-group. To be high in quality, communication must overcome these barriers.

Work Relationship

Interdependence and social orientations, roles, norms and conformity as well as co-operative, competitive and conflict behaviour are all concepts that help us to understand and be more effective in work relationships. Other important aspects related to the issues discussed cover conflict resolution, cultural differences, coping with prejudice, discrimination and harassment. (Guirdham, 2002) Harassment is defined as: conduct which is unreasonable, unwelcome and offensive, and which creates an intimidating, hostile or humiliating working environment. (Mullins, 2005) Harassment is a potential cause of stress. The Health and Safety Executive (HSE) defines stress as: “The adverse reaction people have to excess pressure. It is not disease. But if stress is intense and goes on for some time, it can lead to a mental and physical ill health”.

Leadership

Leadership can be defined as “the ability of an individual to influence, motivate and enable others to contribute towards the effectiveness and success of the organisation of which they are members” (Guirdham, 2002) There is a close relationship between leadership and management, especially in work organisation, and an increasing tendency to see them as synonymous. However, arguably there are differences between the two and it does not follow that every leader is a manager. Leadership might be viewed in more general terms, with emphasis on interpersonal behaviour in a broader context. According to Mullins (2005) due to its complex nature there are many alternative ways of analysing leadership. Leadership may be examined in terms of qualities or traits approach, in terms of the functional or group approach, as a behavioural category, in terms of styles of leadership, through the situational approach and contingency models, and in terms of distinction between transactional and transformational leadership.

Problem Identification

The issue discussed in this report involves the deteriorating relationship between a manager and an assistant (myself) in a small office environment. In addition the report looks at the behaviour of a director of the company involved to whom the employees were directly responsible to.

Matters discussed include the identification of key points of conflict between the two persons involved, the style of management, the reaction of fellow employees, the interaction with the director involved and steps taken to resolve the issue.

Background and Causes of Problems
Organisational Structure

Mullins (2005) states “Whatever the type or nature of an organisation or its formal structure, an informal organisation will always be present” (Figure 1). Mullins proposes that an informal organisation will evolve due to the natural interaction between people and groups within an organisation. While the formal structure, by its nature, is defined the informal structure will be a much looser system, with its defined attributes and its own forms of relationships. The danger here is that the informal structure may be at odds with the required aims of the formal organisation (Mullins, 2005).

These are areas in the informal organisation that relate to the problem discussed in this report:

Personal animosities and friendships

Emotional feelings, needs and desires

Effective relationships between managers and subordinates

The animosity and unfriendliness displayed by the manager, coupled with the associated emotional upset caused and the effect on my needs and desires (see Hierarchy of Needs below) dramatically affects the relationship between myself and the manager. These negative aspects within the informal organisation have a corresponding adverse effect in the formal organisation through loss of production, motivation and efficiency.

Figure 1 Organisational Analysis (from Kenneth Lysons, ‘Organisational Analysis’, Supplement to the British Journal of Administrative Management, no. 18, March/April 1997).

I joined the Cheniere International UK Branch in 2008 as an office assistant. Working at their London office in Mayfair where there were three other employees at my level, two were English and one was an American. I was the only one having English as a second language.

The operations manager was a mature English lady called my manager, with a very strong personality and an acertive attitude. I noticed that I was being asked to do considerably more work than the other assistants and that the manager was querying my efforts every day. At first I thought this was because I was new to the job and that it was a way of measuring my capabilities and ability to cope with the stresses of the work. It became clear however that this was much more of a particular attitude toward me as compared to the other employees.

Being aware of a personality clash between me and the manager I was trying to understand what caused her hostile behaviour and I considered if any behaviour of mine caused the conflict. On the other hand I knew I normally never have any major problems engaging with people, being an easygoing and friendly person. The Thoms-Kilmann Conflict Mode Questionnaire can be useful in explaining my stance in the conflict. Scoring 9 in avoiding and 9 in accommodating styles shows that I am not an assertive person, do not wish to hurt people’s feelings, obey orders and I am generally a selfless type of person. (See Appendix 1 for a copy of the Thoms-Kilmann Conflict Mode Questionnaire).

It is difficult to give any clear instances of harassment, as such, as this was a subtle but constant undermining of my position on a daily basis. This was apparent in her constant criticism of my work and references to my Polish background and English not being my native language. I made a point of asking the other assistants to check my work and they always said it was fine and that was just “her way” and not to worry. One occurrence that began to give me an insight to her behaviour was when she asked me, in front of all the other assistants, why “I did not work as a nanny or cleaner as all other Polish girls did”.

This indicated to me that there was the possibility that her actions were not actually based upon my performance but upon a much deeper prejudice and possible stereotyping of Polish people (either collectively or by gender).

Perception and stereotyping

Person perception is the process by which we attribute characteristics or traits to particular people. The factors influencing person perceptions are both external and internal. It is particularly useful to categorize factors that influence how one person perceives another as

The situation or context within which the perception takes place

Characteristic of the perceiver and

Characteristic of the person being perceived.

In perceiving someone else, we process a variety of clues about the person: facial expression, general appearance, skin colour, posture, age, gender, voice quality, personality traits, behaviours, etc. Some clues may contain important information about the person, but many do not. People seem to have implicit personality theories about which physical characteristics, personality traits, and behaviours are related to others. These beliefs and assumptions may affect how individuals view, treat, and remember other people. At best, the way that people group characteristics and traits helps them to organize their perceptions and to better understand their word. At worst, implicit personality theories lead to perceptual errors, such as stereotyping. ( Hellriegel et al, 1989) (Do you have a source for this? Are these your own word?)

Stereotyping is the tendency to assign attributes to someone solely on the basis of a category in which that person has been placed. (Weightman, 1999)

A major danger of stereotyping is that it can block out accurate perception of an individual and lead to potential situation of prejudice or discrimination. This in consequence can build communication barriers.

My manager’s tendency to ascribe negative characteristics to me on the basis of a general categorisation was a simplified process of her perception. Her stereotyping process based on my nationality and background had a significant implication to the atmosphere in our office and my wellbeing.

It might be true that some Polish women work as nannies or cleaners but it does not identify me, my needs, and my weaknesses. So if my manager used the stereotypical view of Polish women towards me, she missed who I actually am, as an individual.

It was very difficult to please and satisfy her because she developed irrational beliefs and prejudiced views about me. If being from Poland meant to her that I should be a nanny or cleaner she maybe believed that people of other races or backgrounds are in some way inferior and therefore deserve to be treated as second class. According to Tehrani (1996) the lack of self awareness in harassers increases their fears and prejudice. Harassers never feel strong enough to test their views objectively, preferring to live in an irrational world, where they need to continually support their prejudiced views with biased evidence. To explain even deeper her behaviour I would say she portrayed the actions of a stigmatizer.

Freidson (1983) stated that in Erving Goffman’s theory of social stigma “a stigma is an attribute, behaviour, or reputation which is socially discrediting in a particular way: it causes an individual to be mentally classified by others in an undesirable, rejected stereotype rather than in an accepted, normal one”. In the manager’s eyes I was different; she may not want to accept me because of my nationality, my different accent, my origin.

Goffman divides the individual’s relation to a stigma into three categories: the stigmatized are those who bear the stigma; the normals are those who do not bear the stigma; and the wise are those among the normals who are accepted by the stigmatized as “wise” to their condition. I then represent a stigmatized person, the manager is normal and rest of our team can be seen as wise.

I decided that although I did not like confrontation it was necessary to at least talk to her about the situation and try to resolve the issues. I asked to speak to her in private about my current situation, which I’m pleased to say she agreed to. This led to a meeting in her office where I expressed my concerns and was worried that she did not think I was suitable for the job. I asked that she put any pre-conceived ideas behind her and that she gave me the chance to prove by abilities based on my work rather than my nationality or background. Unfortunately she refused to accept that there was anything wrong with her behaviour to me and that I should “stop behaving like a silly girl” This last comment was made after she opened her office door so all the other staff could hear.

People are complex and need to be understood as individuals, not stereotypes. Uniqueness is what gets lost in the stereotypes and lack of proper communication. People need to listen, understand and consider the whole person, which requires rejecting any preconceived assumptions, based on the stereotypes that are created and used.

Having felt humiliated and knowing that the situation could only get worse I decided to talk to the director in charge of my office. I explained the situation and was particularly careful to give examples and try to be as rational as possible. The director told me that this was just my manager’s way and I should not take it personally. He said he was sure things would sort themselves out and there was no need to worry. In effect he refused to accept there was a problem and certainly did not wish to involve himself with any further discussions with either my manager or myself.

Strategic Implications of the problem
Strategic Implications of the problem include but are not limited to:

– High turnover of staff (extra training cost must be applied)

– Loss of staff (qualified and trained assistants)

– Unacceptable manager’s behaviour affected quality of work and effectiveness

– Intense sickness absence of assistants

– Bad company’s reputation and image

– Damaged trust in relationship with leader (director)

The above issues will be defined and discussed in terms of main themes stated initially i.e.: work relationship, leadership and communication.

Work Relationship

My case can be seen as a micro problem because it describes a situation in a small office and only a few people are involved in the conflict. However, harassment at the workplace occurs very often and causes a lot of problems. According to the Advisory, Conciliation and Arbitration Service (ACAS) harassment in the workplace costs employers in the UK more than ?2bn per year in sick pay, staff turnover and lower productivity. 19 million working days are lost each year as a direct result of workplace harassment. 1 in 4 people report that they have experienced harassment in the last 5 years. 70% of HR professionals have witnessed or have been aware of harassment in their organisation. Organisations that fail to address the problem of unacceptable behaviour at workplace pay a heavy cost in terms of loss of staff, reduced innovation, morale and sickness absence. This is in addition to the cost of litigation and bad public relations (Tehrani, 1996). Within one year two office assistants left the company, citing the cause as my manager’s difficult character.

By describing my personal experience I raise an issue that affects a lot of people and something that organizations have to deal with. Harassment is related with work relationships. According to Tehrani (1996) harassment has a number of common elements; it involves a hurtful behaviour, this behaviour is repeated over a period of time and the person being harassed finds it difficult to defend themselves. People being harassed will also have difficulty in being rational in their thinking, believing the acts or views of a harasser are the views of everyone else. When I was working for Cheniere I was feeling sad, negative and worthless. In addition my feelings were heightened with outbursts of anger, crying, loneliness and hurt. Lack of pleasure in almost everything that I was doing was significant and difficult to cope with. Being humiliated resulted in the lack of self confidence to assert myself and challenge the unacceptable behaviour of operations manager. It needs to be added that harassment is linked with stress. Guirdham (2002) stated: “Some of the major effects of stress include sleep trouble, tiredness, being unable to cope well in conflict situations, wanting to be left alone, smoking, drinking and eating too much, being unable to influence or persuade people and finding it difficult to get up in the mornings”. I recall that I was often very tired, could not sleep, did not want to see my friends or family and I often asked for days off from work.

From my above evaluation it can be stated that the operations manager was definitely my significant other at that time. She had very strong influence on my self-esteem and my behaviour. According to Smith and Mackie (2007, p 212) “Belonging to a negatively stereotyped group poses a threat to self-esteem, because group membership contributes directly to one’s individual self-identity”. This was demonstrated by Twenge and Crocker (2002) and by Luhtanen et al. (1991)

Abraham Maslow, in his book Motivation and Personality (1954) described a Hierarchy of Needs which shows five layers of need which must be satisfied in turn starting from the basic need for survival. As can be seen from the following diagram it is necessary to achieve belonging and love needs and then esteem needs in order to achieve Self Actualisation (personal growth and fulfilment).

In this instance the treat to the Esteem needs such as reputation, status, achievement and responsibility were threatened along with the Belongingness and Love needs such as relationships and workgroup. This creates an unstable situation leading to demotivation and other negative aspects. Not being satisfied at work and not being accepted by an employee I was not concerned about my career and future fulfilment but wanted to please my manager first to have better relationship.

Fig 2. Maslow’s Hierarchy of Needs

Management and Leadership Styles

According to Mullins (2005) there are many ways of looking at leadership and many interpretation of its meaning therefore due to its complex nature there are variable ways of analysing it. It is helpful to have some framework to examine leadership in terms of:

The qualities and traits approach

The functional or group approach

Leadership as a behavioural category

Styles of leadership

Contingency theories

Transactional or transformational leadership ; and

Inspirational or visionary leadership

(Please refer to Appendix 2 for further details).

It needs to be stressed that a large portion of the existing literature on leadership focuses only on the positive traits of leaders. However, the so-called “dark side of leadership”, or negative personal traits of leaders, has received relatively less attention. Also, in practice, leadership is mostly evaluated in terms of the positive traits and strengths of leaders, even though certain organizational factors and followers’ characteristics significantly contribute to the effectiveness or ineffectiveness of leaders (Toor and Ogunlana, 2009).

Ineffective leadership is not only due to the negative attributes of those in leadership roles but is also affected by the lack of positive attributes. Toor and Ogunlana (2009) note “Attributes such as lack of experience,

inability to control complex situations, incapacity to stand up to top management and being a poor motivator are not negative attributes as such; rather, these attributes reflect the absence of positive professional competencies”.

Many organisations and their managers and executives are guilty of ignoring, tolerating or sustaining conflicts (Guirdham, 2002). This statement confirms the behaviour of my director who was trying to explain that I should accept the fact that my manager is generally a difficult person and therefore should not take it personally what she says and how she behaves. Lack of leadership qualities can be seen in my boss’s attitude

The director was not an effective leader because a leader who lacks character or integrity will not be seen as a competent one. Even though he was intelligent, affable, persuasive, or savvy, he was also prone to rationalizing unethical behaviour. Office harassment is an unethical issue and should be resolved by a company’s leader, but it was not in my case. Moreover leaders not attuned to the needs of the employees are not effective either.

Successful leaders focus on workers satisfaction and loyalty. They should find ways to consistently engage them and incorporate them into company’s policies and make sure they know and obey their code of conduct. If they ignore, mistreat, or otherwise do not value their employees, they will not be valued for competences. Furthermore good leaders should communicate effectively across mediums, constituencies, environments of course employees.

The director was aware that manager’s behaviour was harmful but did not react and did not want to be involved in the conflict. This observation can lead to a statement that the director represented a laissez faire leadership style. According to Flynn (2009) this type of a leader describes passive leaders who are reluctant to influence subordinates or give direction. They generally refrain from participating in group or individual decision making and to a large extent, abdicate their leadership role. Subordinates are given considerable freedom of action and, therefore, seem likely to maximize their power and influence.

Although laissez- faire leadership can be very successful in some environments where followers are responsible for self-monitoring, problem solving in my case it was not what I needed. I was looking for a mediator in my conflict with my manager, someone who can direct and take steps to resolve the problem.

Tehrani (1996) argue that the role of leader in developing the skills which enable people to communicate in an open and assertive manner is perhaps one of the most effective tools in addressing conflicts. I felt that there was no support from the management of the company and the absence of a managerial ‘role model’ who I could turn to for advice and respect made the situation worse.

Communications

According to Hellriegel et al (1989) the importance of communication and the way people interact cannot be overestimated. When individuals engage in effective interpersonal communication, they increase their own sense of well-being and become more effective employees.

Interpersonal communication can be specified as face-to-face or indirect, formal or informal, and transmitted verbally or non-verbally. Communication is affected by language, communicator style, the differences between one- and two-way communication, power and status, culture, gender and disability.

Interpersonal communication involving face-to-face discussion is the medium with the highest degree of information richness. An information-rich medium is particularly important for performing complex tasks and resolving issues that involve considerable uncertainty and ambiguity. Non-verbal cues play a powerful role and are related to verbal communication.

The significance of non-verbal communication and body language need to be evaluated in this report as in my case it was more important than verbal communication. According to Mullins (2005) non-verbal communication includes inferences drawn from:

– posture,

– gesture,

– touch,

– invasion of personal space,

– extent of eye contact,

– tone of voice

– facial expression.

Very often the operations manger was using proper language and if was not obvious for others to see the conflict between us and her antipathy.

Her tone of voice and facial expression were sending messages that I was not accepted and were unwelcomed. I would often be ignored, such as when saying “good morning”, often my suggestions received looks of contempt and she would talk to the other employees but with her back towards me.

Mullins (2005) adds also that in our face-to face communication with other people the messages about our feelings and attitudes come only 7 per cent from the words we use, 38 per cent from our voice and 55 per cent from body language, including facial expression. Significantly, when body language such as gestures and tone of voice conflicts with the words, greater emphasis is likely to be placed on the non-verbal message. He also suggests that when verbal and non-verbal messages are in conflict (like in my case regarding communication with the operations manager) accepted wisdom is that the non-verbal signals should be the ones to rely on, and that what is not said is frequently louder than what is said, revealing attitudes and feelings in a way words cannot express.

According to Erven (2008) stereotyping (discussed previously) is a barrier to communication when it causes people to act as if they already know the message that is coming from the sender or worse, as if no message is necessary because “everybody already knows.”

Communication is at the heart of many interpersonal problems faced by employers.

Understanding the communication process and then working at improvement provide a recipe for becoming more effective communicators. Knowing the common barriers to communication is the first step to minimizing their impact. Stereotyping is a barrier to proper communication, it cannot just disrupt communication, it can destroy it.

Alternative options for resolving problem

Working in a small office environment involves working within a group and becoming an active and valued member of that group. I felt that my manager’s constant negative attitudes undermine by ability to work well within my peer group and also affected the other member acceptance of me into that group.

Although I felt no animosity with the other office employees and their treatment of me was always quite reasonable there was always the feeling that they were slightly embarrassed by the interactions between my manager and me and this prevented me from being able to be accepted completely into the group. I was always something of an ‘outsider’ and I was concerned that my complaints would label me as a ‘complainer’ and reduce any sympathy they might have for my situation.

Smith and Mackie (2007, p 216-222) identify several strategies for overcoming stereotyping in a working environment:

Individual Mobility – removing oneself from identification with a stereotype group either through disidentification or through dissociation.

Disidentification (putting the stereotype group at a psychological distance) involves removing a personal connection to the group through criticism of a member or members of a group or by identifying yourself as an exception to the normal group member.

Dissociation (putting the group at a physical distance) involves removing oneself from any connection with a stereotype group in an attempt to become accepted with those outside such a group.

Either of these would in my case be unrealistic or undesirable. I have no reason to be ashamed of my nationality or culture and although I consider myself to be cosmopolitan by nature I would not consider it right to either criticise my country or people for the sake of pleasing any work colleagues. I also think that trying to pretend I was not Polish would be impractical as well as unethical.

Smith and Mackie also suggest that “One can redefine group characteristics in positive terms in order to attempt to change society’s evaluations of this group.”

This would involve trying to dispel the negative attitude of my manager by positive action. For instance I could try to impress her with a high standard or work to show her that just because I was Polish didn’t mean I could not produce such work.

Although I believe in working to ones best ability anyway, regardless of the reasons, this strategy seems to me to be a negative approach. I would be trying to almost prove myself despite my background, which I find quite offensive.

Alternatively I could try to accept the environment and ambiance, and try to reduce sensitivity to hostility or displays of prejudice.

Mullins (2005) evaluated difficult people: “Perhaps our reluctance to identify, and then directly address, conflict within organisations is based upon the widely held belief that conflict is inevitable, negative and unmanageable”. There is a tendency to see conflict as a result one person’s personality. Conflict may be inevitable, but how dramatically situations could be changed if we could also view it as positive and manageable. What if we think of these situations as raising questions of difference? What if we were to make a shift away from blaming individuals and their personalities, recognizing instead that it is through normal human interaction that outward expressions of difference are produced? Unfortunately coping with difficult people is not one of my strong points.

Some causes of job dissatisfaction are impossible to alter, and in this case employees may well be better off making an exit. Leaving the job is usually a very difficult decision and can often cause mixed emotions: joy because of moving on to something better, sadness at losing people we enjoyed work with, relief we don’t have to cope with the problem and conflicts anymore. Uncertainty about the future and new job has usually a big impact on people’s decisions. I my case it was time to consider leaving the job.

Choice of option

It seemed to me that there were two practical choices available to me. I could stay working with the company and try to resolve the situation, or just accept it as it is and put up with it. Alternatively I could leave and find another job elsewhere.

I finally decided that I would look for a new job and at the earliest opportunity give my notice.

Rationale for choice

If I were to continue to work for this company I feel that it would be necessary to change the situation. To continue working there and suffering the effects of my manager’s behaviour towards me, the ineffectual leadership of the director and minimal support from my peer group would not be acceptable. Unfortunately to change the situation would require a significant amount of effort, with possibly little effect, and increase the pressure on what was already a stressful job.

Although it may be said that finding another job was running away from the situation I take a different view. I believe that far from running away I was taking control and I removed a negative and stressful situation by my own positive action.

Implementation of Option

Having decided to leave I was able to continue work while looking for new employment. This gave rise to a new situation where before I was depressed and tired all the time I ac

I consider that I have reached this outcome and the associated skills because I can identify the principal of issues for research on a specific legal topic.’ I have conducted my research on a specific topic ‘Secret Trust’. I also have found the principal issues of research as required for this topic by expressing a research question.

I think the doctrine of secret trust is not a unproductive issue. The difficulties pose in the test and finding of this doctrine clearly point out that it is worth a research topic. The difference between the Wills Act theory and outside the Wills theory makes it extremely grey issue which needs careful consideration. With just a simple attitude the fraudulent party may not be able to take the benefit for him or his family.

To identify secret trust, the definition of Wills Act and secret trust and how these are operated need to be considered. I thought that there is some unclear and merely enforceable thought about secret trust.

I realised that the case Backwell Vs Blackwell is a significant step to identify the doctrine of frustration. The difference between Wills Act and outside the Wills theory can be identified from it. While dealing with the difference I came across various debatable issues where Wills Act is more preferable to the courts. I found that secret trust can make fraud very easily.According to the court the contracting parties should bare the risk .To avoid these entire complexity force major clause is the proper solution.

While preparing my research I thought I need to start from the basic points of law of Trust. Why we make a trust? Why trust is failed? How secret trust is different from the requirement of Wills Act? In Blackwell Vs Blackwell , Re Falkiner and Re Keen Secret trust has three essential element that is intention to create trust, communication of the intention of secret trust to the secret trustee and acceptance of the trust by the secret trustee.

After Blackwell various new cases came into force and the doctrine of secret trust has developed but those were not important for my research. The important part was the gift which is absolute but informally agree with the trustee that this is a trust. And it causes problem for the court to prove that it is trust and actual beneficiary is in vary difficult situation he/she may not even know about the trust. To solve it new cases have developed but still remain some confusion.

Evidence

The first and the second paragraph of my essay clearly indicate that I have

demonstrated my skill in successfully identifying the principal issues. In my topic I have tried to identify the problems and complexity in relation to the application of secret trust and tried to focus on the solution to it. I have identified various legal areas in the form of case law which are essential for my research work. The first two paragraphs clearly indicates that I have managed to successfully identify the key issues for research in my topic and demonstrated the required skills of 1) legal sources and research and 2) freedom and the ability to learn. The formulation of my research question regarding the topic plays a vital role in the process. At first I tried to identify the key problems of the current secret trust and commentator view. Text books, journals and other supporting materials helped me considerably in the process. Later I evaluated the probable solutions represented by the legal scholars and the case law. There were several case laws which I studied during the research process and found them very informative and useful in order to get the total understanding of the current law, e.g. Edwards V Pike, Re Snowden, Re Young, McCormick V Grogan, Allen V Snyder and others. These cases brightened up my understanding regarding the topic. There were some very informative and useful articles I found at the online database. I am Thankful to the University of London for providing such a great source of materials, that helped me a lot as I could not have found those journal in the local database. The article and journal from online library, J E Penner’s law of trust, the subject guide helped me a lot.Patricia Critchley’s comment in dehors theory, Viscount Sumner’s comment about relation to the statute law and secret trust help me understanding in depth. Lord Hailsham L.C.’s comment about destroying the whole object of creating of secret trust and fraud on the beneficiaries gave a very in depth reflection on the chosen topic and guided me maturely throughout the process.

Outcome 2

Locate and retrieve relevant information on a specific topic using primary and secondary legal sources, in paper or electronic media (including use of the world-wide web).

Claim

I can locate and retrieve relevant information on a specific topic namely Secret Trust, using primary and secondary legal sources, in paper or electronic media (including use of the world-wide web).’ In doing the research I first studied my The Law of Trustt text-book written by ‘J E Penner.’ There I have gone through the Formalities and secret trust chapter, the relevant paragraphs and studied the relevant materials. At this stage I have found necessary information which helped me to get the initial ideas. I went through Westlaw via online law library. There I searched for the Secret trust and this helped to identify the potential research materials. I also went through Lexis Nexis for the cases on Secret trust. First I have studied the definition of formalities as laid down in Statute and text book and after secret trust as laid down in text book and by the case law. Then I have picked the exact definition which is important and I put it in my research. I also studied the examples of secret trust or the areas which can be regarded as secret trust and I felt that some of those were important for my research as they dealt with formal trust and secret trust. I have then studied the difference between the full secret trust and half secret trust which was very crucial and also have gone on study the limitation of secret trust which is basically the main part of my research. I have picked the part which I felt important and wrote my research accordingly.

I also studied at some relevant books available in my academy law library; however I decided not to include them in my project as this would mean going into much bigger detail than was required for present purposes. I knew from the very beginning that if I go through the text book and Westlaw I would be able to locate these materials important for the research.

Evidence

The first step in my work on this project was to search for all necessary cases and other supporting materials. From reading the subject guide and resource books I have identified the most important cases for my research. I have gone through the cases on my text book, the subject guide and study pack. Apart from this I have extensively studied academic arguments, which helped me lot to develop my research. In my research I have used the online sources. I have used both the Westlaw and Lexis-Nexis Library. I went for arguments and article there. I also studied the secondary sources and organize my research consequently.

The bibliography of my research essay lists the primary and secondary sources I studied for my research. The case summaries and commentator’s argument verify that I found primary legal sources relevant to my research area.

Outcome 3:

Use sources in a critical and reflective way.

Claim

‘I can use sources in a critical and reflective way.’ In paragraphs 3-16 of my research essay. I describe a critical and thoughtful analysis of a range of cases addressing the issue of the doctrine of secret trust. I identified those cases by examining the relevant sections of the text book, subject guide and commentary in Westlaw and then used the Lexis-Nexis database to find the cases and download full case report I have read the cases, found out the specific information addressing the issue of the doctrine of half secret trust and full secret trust, their differences, links and also tried to find the solution to the complexity regarding this area. While preparing my research I always check whether the topic which I have studied has any impact on my research. I have particularly checked Blackwell V Blackwell case and cases related to it. At the time of studying I checked whether any issue deals with half secret trust, full secret trust, their differences and links. I have asked myself whether the issues which I was reading have anything to deal with formalities and can help me to find that the distinction between half and full secret trust. For me an issue would be relevant if it anything to deal with secret trust. I have gone through the conflicting decisions and their arguments in favour of those and I got idea for my research.

I have come to the knowledge that an argument is important if it has reliability and used for proper purposes. In my research the legal arguments which I have given has strength and weakness. Whenever an argument has the persuasive power in relation to the topic and it can clearly put the picture to the reader then that argument has strength and if it is uncertain and unclear then the argument is unclear. In this regard I gave my effort to provide with the proper argument which put the clear picture to us.

Evidence

In my research essay I displayed my capability to use both primary and secondary legal sources and reference materials in a critical and reflective way. The case summaries and commentators view as given in the evidence for outcome 1 illustrate my ability to assess the primary legal sources judging their relevance and importance for my research.

Outcome 4:

With limited guidance, and using a range of legal resources, plan, research and produce an original piece of legal writing some of which should address areas of law not previously studied

in depth.

Claim

‘I can, with limited guidance, and using a range of resources, plan, research and produce an original model of legal writing some of which addresses areas of law not previously studied in depth.’ I finished a research essay using primary and secondary legal resources as I already mentioned in outcome two earlier. I had previous idea on law of secret trust. With those slight ideas I started my work. I have attended few group works with my classmates and personal session with my teacher. I drawn my research with these and the oral presentation helped me a lot to complete the research.

I have gone through the secret trust and its increasing use in various aspect of law of trust. I studied the purpose of the secret trust, enforcement of the secret trust, dehors theory, criticism of dehors theory, fraud theory and criticism I also studied the issue of testamentary trust. While reading secret trust I have read the impact of half secret trust and full secret trust and thus eventually I have studied the effects of formalities both under common law and under the statute (Wills Act 1837). In dealing with all these issues I have found that the university subject guide does not provide us with material information on this depth area.

Evidence

My research essay clearly indicates that this area has not been studied in depth. In our class secret trust chapter was dealt in a very short time and we did not have the opportunity go in depth with our teachers. The research essay is my original piece of work it is a genuine writing on a particular legal issue. I am stating that this is my original work. I received limited guidance while doing it. I am aware of the penalties for plagiarism. My claim that this work goes beyond my previous learning is absolutely based on the case analysis I have done while doing my research essay.

Outcome 5:

Make an accurate assessment of your progress and the quality of your work and, using feedback, identify areas for improvement.

Claim

I believe that my research essay provides the necessary evidence to show that I am able to correctly identify and critically assess source materials to produce a credible answer to my research question. I consulted a variety of supporting materials, made an accurate assessment of them and drew probable conclusions. I believe I succeeded in selecting the most relevant materials and rejected those materials which were not related to the work or which duplicated information.

I received feedback from my classmate Baezid, which allowed me to identify areas in need of change, improvement or clarification. I prepared a short presentation of my work outlining the topic and presenting the principal arguments. I believe that my oral presentation (Outcome 7) increased my understanding of some issues and highlighted those areas that need further work. In addition, the feedback I received from Baezid made me realize that I should focus on selected aspects of my research question and choose the two to three most important articles on the subject in order to be able to produce an essay within the word limit.

I consider that I have produced an answer to my research question which is as nearly as possible given the scope of the task. I believe that this work is highly original; it includes many valid questions and thought and could form the basis of a bigger research project.

Evidence

My research essay and portfolio provide evidence that I have achieved this outcome. In evaluating my work I focused on my research skills, my ability to analyse legal texts and my presentation of arguments. I worked with other students (Elahi and Mahmudul) which allowed me to evaluate my legal research and presentation of argument skills. Each of us prepared a short presentation in which we explained briefly and coherently our research proposals and the main aspects of our work. This was a good practice for my oral presentation (see the PowerPoint slides in Appendix C). In my presentation I focused on the conclusions. As I gave my presentation it became clear that I could not easily explain these, and my friends thought, even from what I had said, that my conclusion contradicted my own evidence. After my presentation, I reviewed my conclusions and saw that I was overstating my case and I needed to moderate my argument and make my points both clearer and more subtle. This presentation with other students also gave me an opportunity to reflect on my presentation skills and help me prepare for the formal oral presentation (see the discussion under Outcome 7 below).

Outcome 6:

Produce a word-processed portfolio, with footnotes, using appropriate formatting tools, and communicate and exchange documents by email.

Claim

I can word-process text, with footnotes, using appropriate formatting tools, and communicate and exchange documents by email. I officially state that the full portfolio I have submitted was word-processed by me. The full assignment was completed in Microsoft Word software. I have used font Arial in size of 12 point. I also designed my headings, subheadings etc by using bold and underline format. In my whole legal research I have used 1.5 lines spacing to build it easier to read. the each outcome are in bold and size 14 point, the question of outcome are in 14 point and normal, the heading of claim and evidence are in 14 point size and with underline. In various tome to do my legal research I have faced many sort of problem, in that moment I have take very much support from my teacher and friends. They help me to solve the problem to how can my research essay become well.

Without internet this research can not be possible to complete well. I have tried my best to utilize this opportunity by using my University of London portal. After completing my research I have exchanged my research with my teacher friends by email. And I also take suggestion by this email.

Evidence

The provided legal research essay is the best and appropriate evidence of my achievement. The use of word processed portfolio, footnotes, screen shots of the emails I have exchanged, using a variety of formatting tools etc showed that I have completed this achievement.

Outcome 7

Briefly and accurately present and discuss, orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience.

Claim

I can briefly and accurately present and discuss orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience. I made an oral presentation face-to-face at the Intensive Weekend in my Bhuiyan Academy H 13, R 7, Dhanmondi Dhaka 1205 Bangladesh on 2 February 2011 ( Morning Session). My assessor was Shajib sir senior teacher of my academy.

Evidence

I include as evidence the PowerPoint slides (Appendix C) which I used as the basis of my presentation, a certificate proving that I completed the presentation (Appendix D) and the assessment pro forma with feedback from Shajib sir (Appendix E) indicating that I reached a high level

of competence in the task.

Outcome 8:

Work as an active and effective member of a team contributing productively to the group’s task.

Claim

I can work as an active and effective member of a team and contribute productively to the group’s task. To do research I have took help from two of my associates. They help me very much. They help me to sort out what was the problem of my research, how can I prepare my power point slide, what is the mechanism of screen shots of the emails I exchanged are included as Appendix B. I also improve my research by taking help from my teacher. He also plays a very effective role as a guide of mine.

Evidence

In my legal research Appendix B and Appendix C I have tried to show my evidence that I have described above. These two appendixes’ is a mirror of my take help and group work with my teacher and friends. These also provide that how much I have afforded in a group work.

In 1992 the Department of Health and the then, Social Services Inspectorate, in England, published the findings of a survey of two social services Departments in relation to abuse. This publication found there to be a lack of assessments in large numbers of ‘elder abuse’ cases and little evidence of inter-agency cooperation. The report recommended guidelines to assist social services in their work with older people (DH/SSI 1992).

During the 1990’s concerns had been raised throughout the UK regarding the abuse of vulnerable adults. The social services inspectorate published Confronting elder abuse (SSI 1992) and following this, practice guidelines No longer afraid (SSI 1993). ‘No longer afraid’ provided practice guidelines for responding to, what was acknowledged at that time, as ‘elder abuse’. It was aimed at professionals in England, Wales and Northern Ireland and emphasised clear expectations that policies should be multi-agency and also include ownership and operational responsibilities (Bennett et al 1997).

This guidance was issued under section 7 of the Local Authority Social Services Act 1970 and gives local authority Social Service departments a co-ordinating role in the development and implementation of local vulnerable adult policies and procedures.

In 2000, the department of Health published the guidance No Secrets. The purpose of No Secrets was aimed primarily at local authority social services departments, but also gave the local authority the lead in co-ordinating other agencies i.e. police, NHS, housing providers (DOH 2000).

The guidance does not have the full force of statute, but should be complied with unless local circumstances indicate exceptional reasons which justify a variation (No Secrets, 2000)

The aim of No Secrets was to provide a coherent framework for all responsible organisations to devise a clear policy for the protection of vulnerable adults at risk of abuse and to provide appropriate responses to concerns, anxieties and complaints of abuse /neglect (DOH 2000).

Scotland Historical

In December 2001, the Scottish Executive published Vulnerable Adults: Consultation Paper (2001 consultation) (Scottish Executive, 2001). This sought views on the extension of the vulnerable adult’s provisions to groups other than persons with mental disorder and the possible introduction of provisions to exclude persons living with a vulnerable adult, where the adult’s health is at risk.

A joint inquiry was conducted by the Social Work Services Inspectorate and the Mental Welfare Commission for Scotland. Both of these agencies were linked with the central government of Scotland who had responsibility for the oversight of social work services and care and treatment for persons with mental health problems.

In the report by the Scottish Executive (2004), a case of a woman who was admitted to a general hospital with multiple injuries from physical and sexual assault and who had a learning disability became the focus for change for Scotland in terms of adults who have been abused. The police investigation identified a catalogue of abuse and assaults ranging back weeks and possibly longer.

In June 2003 the Minister for Education and Young People, Peter Peacock MSP, asked the Social Work Services Inspectorate (SWSI) to carry out an inspection of the social work services provided to people with learning disabilities by Scottish Borders Council. At the same time, the Mental Welfare Commission for Scotland (MWC) also undertook an inquiry into the involvement of health services, though worked closely with SWSI during its inquiry. The two bodies produced separate reports, but also published a joint statement (MWC and SWSI, 2004), which summarised their findings and stated their recommendations. The findings included:

aˆ? a failure to investigate appropriately very serious allegations of abuse

aˆ? a lack of information-sharing and co-ordination within and between key agencies (social work, health, education, housing, police)

aˆ? a lack of risk assessment and failure to consider allegations of sexual abuse

a lack of understanding of the legislative framework for intervention and its capacity to provide protection

aˆ? a failure to consider statutory intervention at appropriate stages

The Adult Support and Protection (Scotland) Act 2007 (ASPA) is a result of the events that were known as the Scottish Borders Enquiry.

Following the various police investigations, it was identified that there were historical links between the client and the offenders who were later prosecuted in terms of statements held by social services department detailing the offender’s behaviour towards the woman and that this information was held on file.

The Scottish Executive (2004) described the case as “extremely disturbing but even more shocking to many that so many concerns about this woman had been made known and not acted on”. As a consequence, 42 recommendations from the inquiry were made and there was a specific recommendation which was taken to the Scottish Executive and involved the provision of comprehensive adult protection legislation as a matter of urgency as there had been concerns raised from political groups and high profile enquiries to provide statute for the protection of adults at risk of abuse in Scotland (Mackay 2008).

The Scottish framework links with three pieces of legislation. In 2000, the Adults with Incapacity (Scotland) Act [AWISA 2000] was passed and focused on protecting those without capacity with financial and welfare interventions for those unable to make a decisions.

Second, the Mental Health (Care and Treatment) (Scotland) Act (2003) [MHSA (2003)] modernised the way in which care and treatment could be delivered both in hospital and the community and improved patients’ rights.

Finally, the Adult Support and Protection (Scotland) Act (2007) [ASPSA (2007)] widened the range of community care service user groups who could be subject to assessment, and mainly short-term intervention, if they were deemed to be adults at risk of harm.

Mackay (2008) argues that the Scottish arrangements both mirror and differ from those of England and Wales. She maps out the intervention powers for adults at ‘risk of harm’ into a type of hierarchical structure known as a ‘pyramid of intervention’ which aims to reflect the framework of the various pieces of Scottish legislation and goes onto say that the principle underlying all of the legislation is “minimum intervention to achieve the desired outcome”.

Critique of definitions.

In England, the No Secrets (2000) guidance defines a vulnerable adult as ‘a person aged 18 or over’ and ‘who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation’ (DOH 2000 Section 2.3)

The groups of adults targeted by ‘No Secrets’ were those “who is or may be eligible for community care services”. And within that group, those who “were unable to protect themselves from significant harm” were referred to as “vulnerable adults”. Whilst the phrase “vulnerable adults” names the high prevalence of abuse experienced by the group, there is a ‘recognition that this definition is contentious.’ ADSS (2005).

The definition of a vulnerable adult referred to in the 1997 consultation paper “Who Decides” issued by the Lord Chancellors Department is a person: “who is, or may be in need of Community Care Services by reason of mental or other disability, age or illness: and who Is, or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation” (Law Commission Report

231, 1995)

There are however broader definitions of vulnerability which are used in different guidance and in the more recent Crime and Disorder Act (1998) it refers to ‘vulnerable sections of the community and embraces ethnic minority communities and people rendered vulnerable by social exclusion and poverty’ rather than service led definitions.

There is concern, however, that the current England framework is more restricted than it should be, and that the problem is one of definition.

The House of Commons Health Committee, says that No secrets should not be confined to ‘people requiring community care services’, and that it should ‘also apply to old people living in their own homes without professional support and anyone who can take care of themselves’ (House of Commons Health Committee, 2007).

Even within the ADASS National Framework (2005) it has been argued that ‘vulnerability’ “seems to locate the cause of abuse with the victim, rather than placing responsibility with the acts or omissions of others” (ADASS, 2005)

The Law Commission speaks favourably of the Safeguarding Vulnerable Groups Act 2006, which, it says, understands vulnerability “purely through the situation an adult is placed [in]” (Law Commission, 2008). It is now becoming questionable whether the term ‘vulnerable’ be replaced with the term ‘at risk’.

If we were to look at the current legislation in England surrounding the investigations of abuse to adults, there are none, however there are underpinning pieces of legislation which whilst not in its entirety focus specifically on the adult abuse remit, but can be drawn upon to protect those most vulnerable. There are many duties underpinning investigations of adult abuse, but no specific legislation.

The NHS and Community Care Act 1990, section 47 assessments can be implemented in order to consider an adults need for services and can therefore consider any risk factors present at the time of the assessment. From this, assessment and commissioned services can support people who have been abused or can prevent abuse from occurring.

The National Assistance Act (1948) deals with the welfare of people with disabilities and states that the: ‘local authority shall make arrangements for promoting the welfare of person who…suffers from a mental disorder……who are substantially and permanently handicapped by illness, injury or congenital deformity or other disabilities’ and gives power to provide services arising out of an investigation out of the NHS & Community care Act 1990. (Mantell 2009).

The Fair Access to Care Services 2003 (FACS) recognises that community care services will be a vital aspect of adult protection work (Spencer- Lane, 2010). Interestingly the eligibility criteria that superseded Fair Access to Care from April 2010 (‘Prioritising Need in the context of Putting People First: A whole systems approach to eligibility for Social Care’), continues to place adults who are experiencing, or at risk of experiencing abuse or neglect, in Critical and substantial needs criteria banding, as FACS did.

Another definition of a vulnerable adult is cited within The Safeguarding Vulnerable Groups Act (2006), (SVG Act 2006), and defines a vulnerable adult as:

A person is a vulnerable adult if he has attained the age of 18 and:

(a)he is in residential accommodation,

(b)he is in sheltered housing,

(c)he receives domiciliary care,

(d)he receives any form of health care,

(e)he is detained in lawful custody,

(f)he is by virtue of an order of a court under supervision by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),

(g)he receives a welfare service of a prescribed description,

(h)he receives any service or participates in any activity provided specifically for persons who fall within subsection (9),

(i)payments are made to him (or to another on his behalf) in pursuance of arrangements under section 57 of the Health and Social Care Act 2001 (c. 15), or

(j)he requires assistance in the conduct of his own affairs.

This particular act appears to take an alternative approach to the term ‘vulnerability.’ It refers to places where a person is placed and is situational. (Law Commission, 2008).

Following the consultation of No Secrets, one of the key findings of the consultation was the role that the National Health Service played in relation to Safeguarding Vulnerable adults and their systems. The Department of Health produced a document titled ‘Clinical Governance and Adult Safeguarding- An Integrated Process’ (DOH 2010). The aim of the guidance is to encourage organisations to develop processes and systems which focused on complaints, healthcare incidents and how these aspects fall within the remit of Safeguarding processes and to empower reporting of such as it identified that clinical governance systems did not formally recognise the need to ‘work in collaboration with Local Authorities when concerns arise during healthcare delivery.’ The definition of who is ‘vulnerable’ in this NHS guidance, refers to the Safeguarding Vulnerable Groups Act (2006) and states that ‘any adult receiving any form of healthcare is vulnerable’ and that there is ‘no formal definition of vulnerability within health care’ but those receiving healthcare ‘may be at greater risk from harm than others’ (DOH 2010).

In the Care Standards Act 2000 it describes a “Vulnerable adult” as:

(a) an adult to whom accommodation and nursing or personal care are provided in a care home;

(b) an adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency; or

(c) an adult to whom prescribed services are provided by an independent hospital, independent clinic, independent medical agency or National Health Service body.

Similar to the Safeguarding Vulnerable Groups Act, the Care Standards Act 2000 classifies the term ‘vulnerable adult’ as situational and circumstantial rather than specific and relevant to a person’s individual circumstance.

Spencer-Lane (2010) says that these definitions of vulnerability in England have been the subject of increasing criticism. He states that the location of the cause of the abuse rests with the ‘victim’ rather than the acts of others; that vulnerability is an inherent characteristic of the person and that no recognition is given that it might be contextual, by setting or place that makes the person vulnerable.

Interestingly Spencer -Lane (2010) prefers the concept of ‘adults at risk’. He goes on to suggest a new definition that ‘adults at risk’ are based on two approaches as the Law Commission feel that the term vulnerable adults should be replaced by adults at risk to reflect these two concerns:

To reflect the person’s social care needs rather than the receipt of services or a particular diagnosis

What the person is at risk from – whether or not the term significant harm should be used – but would include ill treatment or the impairment of health or development or unlawful conduct which would include financial abuse

Spencer-Lane (2010) also argues that with the two approaches above, concerns remain regarding the term ‘significant harm’ as he feels the threshold for this type of risk is too high and whether the term in its entirety ‘at risk of harm’ be used whilst encompassing the following examples: ill treatment; impairment of health or development; unlawful conduct.

Unlike in Scotland, there are no specific statutory provisions for adult protection; the legal framework is provided through a combination of the common law, local authority guidance and general statute law (Spencer-Lane 2010).

Whereby in England the term ‘vulnerable adult’ is used, in Scotland the term in the Adult Support and Protection (Scotland) Act 2007 uses the term ‘adults at risk’. This term was derived by the Scottish Executive following their 2005 consultation were respondents criticised the word ‘vulnerable’ as they believed it focussed on a person disability rather than their abilities, hence the Scottish executive adopted the term ‘at risk’ (Payne, 2006).

Martin (2007) questions the definition of vulnerability and highlights how the vulnerability focus in England leaves the deficit with the adult, as opposed to their environment. She uses the parallel argument to that idea of ‘disabling environments’, rather than the disabled person, within the social model of disability. She goes on to comment that processes within society can create ‘vulnerability’. People, referred to as vulnerable adults, may well be in need of community care services to enjoy independence, but what makes people vulnerable is that way in which they are treated by society and those who support them. It could be argues that vulnerability and defining a person as vulnerable could be construed as being oppressive.

This act states that an ‘adult at risk’ is unable to safeguard their own well-being, property, rights or other interests; at risk of harm and more vulnerable because they have a disability, mental disorder, illness or physical or mental infirmity. It also details that the act applies to those over 16 years of age, where in England the term vulnerable adult is defined for those over the age of 18 and for the requirement under the statute is that all of the three elements are met for a person to be deemed ‘at risk’.

ADASS too supports the use of ‘risk’ as the basis of adult protection, although its definition differs from the one used in Scotland. It states that an adult at risk is one “who is or may be eligible for community care services” and whose independence and wellbeing are at risk due to abuse or neglect (ADASS, 2005)

The ASPSA (2007) act

The Scottish Code of Practice states that ‘no category of harm is excluded simply because it is not explicitly listed. In general terms, behaviours that constitute “harm” to others can be physical (including neglect), emotional, financial, sexual or a combination of these. Also, what constitutes serious harm will be different for different persons’. (Scottish Government, 2008a p13).

In defining what constitutes significant harm, No Secret’s (2000) uses the definition of significant harm in who decides? No Secrets defines significant harm as:-

‘harm should be taken to include not only ill treatment (including sexual abuse and forms of ill treatment which are not physical), but also the impairment of, or an unavoidable deterioration in, physical or mental health; and the impairment of physical, intellectual, emotional, social or behavioural developments’ (No Secrets, 2000.

The ASPA (2007) act also goes onto detail that “any intervention in an individual’s affairs should provide benefit to the individual, and should be the least restrictive option of those that are available” thus providing a safety net on the principles of the act (ASPA, 2007).

The Adult Support and Protection (Scotland) Act 2007 says:

“harm” includes all harmful conduct and, in particular, includes:

conduct which causes physical harm;

conduct which causes psychological harm (e.g. by causing fear, alarm or distress)

unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion)

conduct which causes self-harm

N.B – “conduct” includes neglect and other failures to act, which includes actions which are not planned or deliberate, but have harmful consequences

Interestingly the Mental Capacity Act 2005 (section 44) introduced a new criminal offence of ill treatment and wilful neglect of a person who lacks capacity to make a relevant decision. It does not matter whether the behaviour toward the person was likely to cause or actually caused harm or damage to the victim’s health. Although the Mental Capacity Act mainly relates to adults 16 and over, Section 44 can apply to all age groups including children (Code of Practice Mental Capacity Act 2005).

The Association of Directors of Social Services (ADSS) published a National Framework of Standards to attempt to reduce variation across the country (ADSS 2005). In this document the ADSS 2005 updated this definition above to :-

‘every adult “who is or may be eligible for community care services, facing a risk to their independence” (ADSS 2005 para 1.14).

England and Scotland – differences with policy/legislation
Definition of vulnerability

Three part definition to definition of ‘at risk of harm’

Harm might be caused by another person or the person may be causing the harm themselves

‘no category of harm is excluded simply because it is not explicitly listed. In general terms, behaviours that constitute ‘harm’ to others can be physical (including neglect), emotional, financial, sexual, or a combination of these. Also, what constitutes serious harm will be different for different persons.’

Code of Practice, Scottish Government (2008)

Defining vulnerable: adult safeguarding in England and Wales

Greater level of contestation in defining VA in adults than children.

Doucuments in wales and England are very similar. In safe hands document is greater but both are issued under the provision of section 7.

Whilst they are guidance, there is a statutory footing behind them.

‘No Secrets (DH2000) defines vulnerable in a particular way: Is a person who ‘is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.’ No Secrets paragraph 2.3 Lord Chancellor’s Department, Who Decides (1995)

The ASP Act introduces new adult protection duties and powers, including:
Councils duty to inquire and investigate
Duty to co-operate
Duty to consider support services such as independent advocacy

Other duties and powers – visits, interviews, examinations

Protection Orders: assessment, removal, banning and temporary banning

Warrants for Entry, Powers of Arrest and Offences
Duty to establish Adult Protection Committees across Scotland
Harm includes all harmful conduct and, in particular, includes:
a) conduct which causes physical harm;
b) conduct which causes psychological harm (for example: by causing fear, alarm or distress);
c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud; embezzlement or extortion); and
d) conduct which causes self-harm.
An adult is at risk of harm if:
another person’s conduct is causing (or is likely to cause) the adult to be harmed, or
the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm
N.B “conduct” includes neglect and other failures to act (Section 53)