Judicial Law-Making Essay

The independence of the judiciary was ensured by the act of settlement 1700, which transferred the power to sack judges from the crown to the parliament. Consequently, judges should theoretically make their decisions based purely on the logical deductions of precedent, uninfluenced by political or career considerations. The eighteenth century legal commentator, William Blackstone, introduced the declaratory theory of law, stating that judges do not make law, but merely, by the rules of precedence, discover and declare the law that has always been: ‘the judge being sworn to determine, not according to his private sentiments†¦ ot according to his own private judgement, but according to the known laws and customs of the land: not delegated to pronounce a new law, but to maintain an expound the old one’. Blackstone does not accept that precedent does not even offer a choice between two or more interpretations of the law: where a bad decision is made, he states, the new one that reverses or overrules it is not a new law, nor a statement that the old decision was bad law, but a declaration that the previous decision was â€Å"not law†, in other words that it was the wrong answer. His view presupposes that there is always one right answer, to be deduced from the objective study of precedence. Today, however, this position is considered somewhat unrealistic. If the operation of precedent is the precise science Blackstone suggested, a large majority of cases in the higher courts would never come to court at all. The lawyer’s concern could simply look up the relevant case law and predict what the decision would be, then advise whichever of the clients would be bound to lose not to bother bringing or fighting the case. In a civil case, or any appeal case, no good lawyer would advise a client to bring or defend the case that they had no chance of winning. Therefore, where such a case is contested, it can be assumed that, unless one of the lawyers has made a mistake, it could go either way, and still be in accordance with the law. In practice, thus, judges’ decisions may not be as neutral as Blackstone’s declaratory theory suggests: they have to make choices which are by no means spelled out by precedent. Yet, rather than openly stating that they are choosing between two or more equally relevant precedents, the courts find ways to avoid awkward ones, which give them the impression that the precedents they do choose to follow are the only ones they could possibly apply. Ronald Dworkin argues that judges have no real discretion in making case law. He sees law as a seamless web of principles, which supply a right answer – and only one – to every possible problem. Dworkin reasons that although stated legal rules may â€Å"run out† (in the sense of not being directly applicable to a new case) legal principles never do, and therefore judges never need to use their own discretion. In his book, ‘laws’ empire 1986†², professor Dworkin claims that judges first look at previous cases, and from those deduce which principles could be said to apply to the case for them. They then consult their own sense of justice as to which apply, and also consider what the communities’ view of justice dictates. Where the judges’ view and that of the community coincide, there is no problem, but if they conflict, the judges then ask themselves whether or not it would be fair to impose their own sense of justice over that of the community. Dworkin calls this the interpretive approach and, although it may appear to involve a series of choices, he considers that the legal principles underlying the decisions mean that in the end, only one result could possibly surface from any one case. Dworkin’s approach has been heavily criticised as being unrealistic: opponents believe that judges do not consider principles of justice but take a much more pragmatic approach, looking at the facts of the case, not the principles. Critical legal theorists, like as David Kairys (1998) take a quite different view. They argue that judges have considerable freedom within the doctrine of precedent. Kairys suggests that there is no such thing as legal reasoning in the sense of a logical, neutral method of determining rules and results from what has gone before. He states that judicial decisions are actually based on a ‘complex mixture of social, political, institutional, experiential, and personal factors’, and are simply legitimated, or justified, by reference to previous cases. The law provides a ‘wide and conflicting variety’ of such justifications ‘from which courts pick and choose’. The process is not necessarily as cynical as it sounds. Kairys points out that he is not saying that judges actually make the decision and then consider which precedents they can pick to justify it: rather their own eliefs and prejudices naturally lead them to give more weight to precedents which support both views. Nevertheless, for critical legal theorists, all such decisions can be seen as reflecting social and political judgements, rather than objective, purely logical deductions. Critical theory argues that the neutral appearance of so called ‘legal reasoning’ disguises the true nature of legal decisions which, by the choices made, uphold existing power relations within society, tending to favour, for example, employers over employees, property owners over those without, men over women, and rich, developed countries over poor, undeveloped ones. Griffith (1997) argues that judges make their decisions based on what they see as the public interest, but that their view of this interest is coloured by their background and their position in society. He points out that judges’ view of public interest assumes that the interests of all the members of society are roughly the same, ignoring the fact that within society, different groups, employers and employees, men and women, rich and poor – may have interests which are diametrically opposite. What appears to be acting in public interest will usually mean in the interest of one group over another, and therefore cannot be seen as neutral. Waldron, in his book ‘The Law’ (1989), agrees that judges do make law, and that they are influenced in those instances of law-making by political and ideological considerations, but argues that this is not necessarily a bad thing. He contends that while it would be wrong for judges to be biased towards one side in a case, or to make decisions based on political factors in the hope of promotion, it is unrealistic to expect a judge to be ‘a political neuter – emasculated of all values and principled commitments’. Although judges have traditionally seen themselves as declaring or finding rather than creating law, and frequently state that making law is the prerogative of the parliament, there are several areas in which they clearly do make law. In the first place, historically, a great deal of English law is and always has been case law, made by judicial decisions. Contract and tort law are still largely judge made, and many of the most important developments – for example, the development of negligence as a tort – have had profound effects. Even though statutes have later been passed in these subjects, and occasionally parliament has attempted to embody whole areas of common law in statutory form, these still embody the original principles created by the judges. Secondly, the application of law, whether case law or statute, to a particular case is not usually an automatic matter. Terminology may be vague or ambiguous, new developments and social life have to be accommodated, and the procedure requires interpretation as well as application. As we have suggested, judicial precedent does not always make a particular decision obvious and obligatory – there may be conflicting precedents, their implications may be unclear, and there are ways of getting round a precedent that may otherwise produce an undesirable decision. If it is accepted that Blackstone’s declaratory theory does not apply in practice, then clearly the judges do make law, rather than explaining the law that is already there. The theories advanced by Kairys, Griffith, and Waldron, all accept that judges do have discretion, and therefore they do to some extent make law. Where precedents do not spell out what should be done in a case before them, judges nevertheless have to make a decision. They cannot simply say that the law is not clear and refer it back to parliament, even though in some cases they point out that the decision before them would be more appropriately decided by those who have been elected to make decisions on changes in the law. This was the case in Airedale NHS Trust v Bland (1993), where the House of Lords considered the fate of Tony Bland, the football supporter left in a coma, after the Hillsborough stadium disaster. The court had to decide whether it was lawful to stop supplying the drugs and artificial feeding that were keeping Bland alive, even though it was known that doing so would mean his death soon afterwards. Several law lords made it plain that they felt that cases raising ‘wholly new moral and social issues; should be decided by the Parliament, the judges’ role being to ‘apply the principles which society, through the democratic process, adopts, not to impose their standards on society. Nevertheless, the courts had no option but to make the decision one way or another, and they decided that the action was lawful in the circumstances, because it was in the patient’s best interests. Thirdly, our judges have been left to define their own role, and the role of the courts generally in the political system, more or less as they please. They have, for example, given themselves the power to review decisions of any public body, even when parliament has said those decis ions are not to be reviewed. In addition, despite their frequent pronouncements that it is not for them to interfere in parliament’s law making role, the judges have made it plain that they will not, unless forced by very explicit wording, interpret statutes as encroaching on common law rights or judge made law. They also control the operation of case law without reference to parliament : an obvious example is that the 1966 practice statement announcing that the HOL would no longer be bound by its own decisions, which made case law more flexible and thereby gave the judges more power, was made on the courts own authority, without needing permission from parliament. The HOL has explained its approach to judicial law-making (which is likely to be the same for the Supreme Court) in the case of C (a minor) v DPP 1995, which raised the issue of children’s liability for crime. The common law defence of doli incapax provided that a D aged between 10 and 14 could be liable for a crime only if the prosecution could prove that the child knew that what he or she did was seriously wrong. On appeal from the magistrates’ court, the divisional court held that the defence was outdated and should no longer exist in law. An appeal was brought before the HOL arguing that the divisional court was bound by precedent and not able to change the law in this way. the HOL agreed and went on to consider whether it should change the law itself (as the 1966 practice statement clearly allowed it to do), but decided that this was not an appropriate case for judicial law making.

Women and Education essays

Women and Education essays Women and Education: Granting women and men equal access to education in light of the Fourteenth Amendments pledge of equal protection. Though taken for granted by many, co-sex educational institutions for higher learning are really just recent occurrences. For the most part, colleges and universities, particularly elite ones, taught either men or women. The reasons for this separation date back to early American history, when a womans place was seen as in the home. In addition, education was seen, though ridiculously, as having detrimental effects on the woman. Some of these ludicrous, yet back then scientific beliefs, included that womens brains were smaller than mens were therefore, making them less capable of academic learning. It was also said that if women utilized their brains at the time of their adolescent years, then their reproductive organs would not develop correctly causing possible sterility. Motherhood has always been seen as a strong link for women to their personal identities. Therefore, the greatest oppression would be to threaten its existence. Having to be a mother is a role traditionally defined by society for women; Most women long for children, even against considerable odds, even when marriage has become a light-minded undertaking, and in direst poverty; women continue to seek to be mothers. This is just one of the avenues that was taken advantage of in order to continue the intolerable oppression of preventing women from educating themselves and enlightening their lives. Women have had to prove that they are equals of men. They have had to prove that they are as intelligent, competent, brave, and as morally responsible. With this incentive Womens Liberation was born and with it women were secured many rights, among them are: the right to vote, to educate themselves, and to have and spend their own money and properties...

Analog vs. Digital

Analog vs. Digital Analog vs. Digital Analog vs. Digital By Mark Nichol What’s the difference between analog and digital, and why is the latter word, which originally referred to fingers, now the antithesis of â€Å"hands-on†? An analog is something related to physical quantities (hence the name; analog comes from a Greek word meaning â€Å"proportion†): An analog clock, for example, shows the passage of time by measuring it with a â€Å"hand† that pivots on a central axis, while a measuring tape represents the length of a tangible phenomenon such as a room’s dimensions. By contrast, digital refers to a device’s reading of binary units, zeros and ones, to perform functions and to the storage of information as binary units rather than an analog recording medium such as magnetic ribbon. Ironically, however, digit stems from the Latin term digitus, meaning â€Å"finger† or â€Å"toe.† The path from appendages to algorithms involves the use of fingers to count, thus the extension of the definition of digit to â€Å"number below ten.† The use of zeros and tens as the basis of the on-off duality of binary computer systems led the technology to be referred to as digital technology. Indeed, the word bit, referring to the basic unit of digital information, is a contraction of the phrase â€Å"binary digit.† The adjective digital now refers both to something done or having to do with fingers (for example, â€Å"digital manipulation†) and something related to digitally rendered numbers, or to computerized data or to electronics. Two other terms with the same root word are digitalis, referring to a plant popularly known as the foxglove and to a medicine extracted from it, and prestidigitation, a sesquipedalian synonym for magic. Digitalis is a Latinized form of the German word fingerhut (â€Å"thimble†), because of the resemblance of the plant’s flowers to the sewing implement. Prestidigitation, meanwhile, is another Latin-looking invention influenced by prestige, which comes from the Latin word praestigiae, â€Å"juggler’s tricks.† (Prestige acquired a laudatory meaning and connotation only in the early twentieth century.) It’s a combination of the Italian word presto and digit hence, â€Å"quick fingers.† Analog, meanwhile, calls to mind its full-form predecessor analogue (which spelling for the adjectival form is also preferred in British English), which means â€Å"something similar.† An analogy is also a similarity, or it can refer to a correspondence or to another form of comparison. Analogous is the adjectival form. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:25 Subordinating ConjunctionsDifference between "Pressing" and "Ironing"Wood vs. Wooden

Motivation Bhutanese Employees in the Hotel Industry Case Study

Motivation Bhutanese Employees in the Hotel Industry - Case Study Example To lose such an employee at any stage of the production process is suicidal for the organisation. Specific emphasis is therefore taken into account to make sure that such employees are kept for as long as they are required. The hotel industry is very challenging in nature. Research indicates that for employees in this sector to perform their best, they need to be highly motivated. (Armstrong, 2006) There are various factors that motivate Bhutanese employees to be productive in the hotel industry. They include financial rewards that are given to these employees who are in the hotel industry. This includes hospital insurance, annual leave etc. All these have played a great role in motivating the Bhutanese employees. Due to these factors, Bhutanese employees in the hotel industry have been greatly motivated. Workers need to be compensated for their performance in order to encourage them to keep up or improve on that performance. The moment the human resource establishes the performance of the worker, managers should reward to commensurate with the worker's achievement. These will ensure maximum production and effectiveness of the worker; current compensation programs that motivate Bhutanese employees in the hotel industry include mix of basic pay, equities and variable pay. (Beardwell, 1997) Among the factors that have motivated frontline Bhutanese employees to be productive in the hotel industry is good working environment. The employers in this industry have ensured that Bhutanese employees get good working environment. This is through ensuring that all the required facilities are available. The employers have ensured that the frontline Bhutanese employees have protective clothing when working. The employers have ensured that there is a good working environment for the frontline Bhutanese employees in hotel industry. (Cole, 1995) Human capital need to be motivated in order for the company to get the best out of them. An employee who is well motivated will easily stay in the organization and be more productive. For this to occur human resource have to attend to the financial and psychological needs of the workers by rewarding them well. Basic financial remunerations and working conditions are normally stated by the government or workers union. (Geen, 1995) There are various types of reward systems that are used in organizations. They may be as

Linguistic features that distinguish regional and social varieties of Essay

Linguistic features that distinguish regional and social varieties of English - Essay Example These variations constitute the dialects of the people. Many factors have influenced to develop a standard form of language in all major speech communities. These in turn have been used as the official dialects of the communities. (The Columbia electronic encyclopedia,2006) The official dialect usually differs from the day to day language, it has some "officiality" in it which would contain certain standards of grammar, pronunciations etc. The standard English of England is derived from London English. A person is marked as cultivated in the United states which entails usage of standard grammar and pronunciation. Also the degree of politeness of a person is judged by the efficiency with which he or she speaks the standard language. Sometimes ordinary speech can be affected by the standard language. Hence some usages would tend to be incorrect such as "you was" in place of "you were" etc. Similarly "gotten" is accepted in United States but not in England. Similarly "Gotten" is accepted by the United States but not in England. Also the standard of linguistic variations are mainly because of vocabulary. Language changes have traditionally been treated as processes constrained by internal linguistic factors. According to this view, language contacts have b een perceived as disturbing factors. Therefore, explaining language change requires new analytical ways of modelling contact, in which both internal and external factors are closely investigated. Studying language-internal processes requires a fundamental knowledge of sociolinguistic, textual and regional factors, since all variation-based analytical and explanatory models of language change rely on the idea of a combined effect of all factors. Another important insight is to be able to connect the latest language changes with historical ones. Hence, the concept of grammaticalization offers a productive starting point for analyses of language changes that span several hundred years. Linguistics Linguistics is the study of language on a scientific basis. Linguistics can be theoretical and applied. Linguistics compares languages (comparative linguistics) and explores their histories, in order to find universal properties of language and to account for its development and origins (historical linguistics). Slightly separate from general linguistics are the sub-fields of phonology, which studies the role of sounds in particular languages, and phonetics, the study of how sounds are produced and perceived. Linguistics are widely used to understand the variations of languages. Regional variation in English Everyone speaks some form of regional dialect a variety of a language that differs in pronunciation, grammar, and vocabulary from those spoken in other regions. In this sense, a region implies a construct of social and historical facts as well as a geographic area. The shared linguistic features that make up a regional dialect include historical facts of migration and community experience, social facts of ethnic identity, and geographic facts of climate and terrain. Each regional dialect also includes a number of social dialects that reflect the age, education, social class, and ethnic identity of its speakers. In England various dialects are spoken region wise like Scottish gaelic , Irish

Decision of AmeriTrade Toys to Move Production to Chins Essay

Decision of AmeriTrade Toys to Move Production to Chins - Essay Example This paper illustrates that the primary duty or responsibility of an organization is to maximize the profits for its shareholders and doing within the legal boundaries. Hence, the decision of AmeriTrade Toys was acted out of duty and is ethical. Another factor to consider here is that if it had not moved to its production the company would have suffered losses and as a result would have been forced to cut down the workforce. Therefore, either way, jobs would have been lost. The economic benefits of the decision are that it would make AmeriTrade Toys profitable and allow it to make products available at a lower cost to the customer. Also, it would create economic opportunities in China by creating jobs. But this would come at the cost unemployment at Middletown negatively affecting its economy. The social costs of the decision are that the Middletown community would be destroyed and at the same would promote poor treatment and standard of life for Chinese workers. An alternative to ou tsourcing was to reduce the wages of the employees at Middletown explaining them the economic situation and the need to cut down on wages. This would have helped them gain the trust of the employees and the community. Also, AmeriTrade could have adopted other cost-cutting measures wherever possible. It is not ethical for AmeriTrade Toys to continue using Wen Wai as a manufacturer until and unless improvements are made to the working conditions. It is the company’s duty to ensure proper working conditions for the labors. AmeriTrade Toys is responsible for all its stakeholders and it cannot ignore the conditions of workers just because it is outsourced. Therefore, AmeriTrade has to work towards improving the conditions of the workers or discontinue using Wen Wai as a manufacturer as it would be unethical.

Hoani Waititi Social Services Case Study

Hoani Waititi Social Services Case Study Weizhi You (Peter) Alternative care placement for BD Workplace: hoani waititi social services 1 Outline the information and issues relevant to the decisions about the alternative placement for this individual. BD is a 13years old boy. The boy’s parent are both not working and they are drug and drunk everyday. The boy couldn’t receive the good care from the family, not enough food, always wear on dirty clothes. He’s suffered from abuse in verbal and physical. The grandparents called the social services for some help because they are old and could not look after BD, and they would like BD to be placed in foster care. After discuss with grandparents, the social workers decide to remove BD from the parents care to another family which is full of love and willing to look after DB. The social worker concerned the parents of DB and told them that their children will leave them until they change them self and find themselves. 2 What other information did you need to obtain? Safety: The person is safe from any kind of harm that comes from themselves, or any other person. Make sure he won’t be abused in foster care. Check if he is at risk of running away from foster are. Wellbeing: We need to check the boy’s health situation and the psychology health situations. The person’s wellbeing is looked after – for Maori people wellbeing should be considered in the holistic sense. We need concerned the family members and have a family meeting to discuss about it. Arrange the visit for grandparents. 3  Key points of information provided to the parties involved or other observations The boy is so silent and don’t want to talk with others and hide on the back of grandparents. So we spend the tie with BD and build the trust. The grandparents have pain legs and sore back who need take medications every day and no family members can take BD, so foster family is necessary. 4  Outline how decision making was facilitated in accordance with the service provider’s standard Gain information that is relevant to the decision making process. Before an Alternative Placement happens, the families including SW, BD, BD’ parents and BD’ grandparents may meet several times to discuss and share relevant information, issues and needs of the client for their safety and wellbeing. The safety and wellbeing of BD is the subject of an alternative care placement is the first consideration Social workers use verbal and non-verbal communications to obtain information relevant to decision making Obtaining sufficient information to facilitate decision making about the alternative care placement includes all information and issues relevant to all parties involved in the decision about the alternative care placement Keep the information confidential, and get family consent to discuss family concerns with outside agencies e.g drug agency. 5 other notes which reflect on the decision making process The boy and the whanau will have the different preferences for the placement, perhaps related to the ease of access for visiting etc. Cultural issues are an important consideration for social workers, particularly when dealing with Maori. Some information may reflect on the decision making process including Health needs, Language, safety, client’s privacy,spiritual needs, Dietary needs, Medication needs, Physical comfort Task 2 Student name: weizhi you(peter) Alternative care placement for BD Workplace: hoani waititi social services 1 Outline any further or additional information or issues relevant to the decisions about the alternative placement for this individual. DB is more shy and silent at first week, but with the help of social workers and new families, he becomes improved both in physical and psychology health. For the spiritual support, the social worker bring him to the marae to join in maori activities and practice maori culture. DB made friend with them and develop his social network. But from the feedback of school, he is not focus on study and seldom do the homework. BD will go to the same school so he won’t need to involved at another school. He always walk to school. BD is happy to live in the foster family, the risk of running away is low. 2How did you plan the placement in line with the decisions of the parties involved and any other key people? The social workers keep contact with family members involved. They keep contact with the fostr family and BD, gain feedbacks and make plan to help BD get used in the new family. They also contact with BD’s parents and grandparents. Helping BD’s parents stop drug and find a job to earn some money. They have a talk with the school and the teacher of BD then the school decide to spend extra hours to help BD study. 3 how did you plan the placement in line with ethical practice? Followed agency’s policies/protocols. Ethical practice, the ethics of social work practice also need to apply to decisions about alternative care placements. For example, it will be unethical to tell the person’s family the only place available was one a long distance away, because it had a vacancy and social worker can end their involvement quickly and move on to another case. A place was found nearly to garandparents’s home and easy to visit, families kept informed at all times of all the decision making. 4 how did you make sure that everything you did was focused on the current and future safety of the person who needed the alternative care placement? BD need to moved from home because he couldn’t receive the properly care from parents which is bad for his well beings. The social worker together with relevant people needs to determine the best alternative care placement for BD, with the safety and wellbeing of the person as the first consideration. 5 key points of information provided or other obeservations The parents of BD have agree to receive the help from the community and local organizations to stop drug. BD is happy living in the foster home. 6 outline how planning was facilitated in accordance with the service provider’s standards. Give examples Followed agency’s policies. Family Group Conference (FGC) lead by Youth Justice Co-ordinator and Social Work. Family group conference (FGC) supported CYF care as an interim measure. completion of checklists: all the paper should be done and checked, it need to be sign by social worker, care provider and families. security of information: make sure that all the information through inside the person who is involved. Confidentiality and keeping accurate records of conversations or meetings Social workers acknowledging the needs and issues of parties to the alternative care placement, use the interpersonal skills to work with the different parties and make sure everything goes on line. 7other notes reflect on the planning process Home environment: low risk – high risk safety issues. Always consider person’s safety and well being first. Family visit provide spiritual support. Task 3 Student name: weizhi you(peter) Alternative care placement for BD Workplace: hoani waititi social services 1how did you encourage self-determination of the person who is the subject of the alternative care placement? To encourage self-determination means encouraging families members to the plan to fulfil their identified roles, and to take ownership of these roles. Dependency on the social worker or social service provider needs to be discouraged. Encourage grandparents to visit. Provide BD’s parents 2or 3 councilling agencies to choose to solve their problems. Outlined agency’s objectives and appropriate legislation, backing up agencies mandate/kaupapa. Fully informed BD and whÄ nau/family of the parameters and scope of the meeting, and allowed them to define the best options. Informed all the decision making at all times before it satarts. Where possible I (agency) worked collaboratively with the family to find a middle ground where agency mandate and whÄ nau choices weren’t aligned. 2how did you discourage dependency on you as the social worker and the social service provider? Gave space (and resourced where necessary) so the whÄ nau/family could define their own possible solutions. Give them 2to3 useful local agencies and let BD’s parents choose the way to help themselves. Where possible the agency would step aside, so the family/whÄ nau could step up. 3how did you assist key people in the implementation of the plan to identify progress? I will provide key people with a care-plan that included key indicators of progress, such as attending school regularly, keeping curfew, behavioural contract etc and informed all decision making at all times. 4how did you assist parties to the plan to review the plan? What if any further options were identified? If the plan was amended, how was it amended? Regular meetings to review progress were held between social service provider,BD , whÄ nau and care giver(s). to check the which task has been achived so far and what to improve. When implementation of the plan is complete, the plan (in its entirety) needs to be reviewed. In some cases the review will result in further options being identified. The review may also determine some different outcomes in terms of achievement of objectives and these also need to be recorded in the plan 5 key points of information provided or other observations Parents have enrolled the drug councilling center 6outline the implementation was in accordance with the service provider’s standards Cultural practices were followed eg a karakia/blessing was arranged for BD when he arrived at the home. The checking in processes was completed fully, including areas such as health and safety, and rules for behaviour etc were explained to BD. 7other notes reflect on the implementation process His study in school have a big improve under the help of teacher. Task 4 Student name: weizhi you(peter) Alternative care placement for BD Workplace: hoani waititi social services 1how you know you had completed your required tasks or involvement in the plan? DB is now in foster care family and the parents were enrolled in drug councilling. BD attend the school regular and make new friends. When the implementation of the alternative care placement is complete, it is time for the social worker to complete their involvement in the plan. Always first consider the safety and wellbeing of the person who is the subject of the alternative care placement. 2what possible future involvement might be required from the social service provider in this case? Think about factors that may lead to further contact being needed, what functions or services a social service provider might offer the person in the future, and how the person could go about re-establishing contact with social service provider The parents may need parenting program to help them learn how to take care of BD. If the parents could not stop drug and abuse on BD, in this situation, BD have to move to another home. The social workers will provide many suggestions and some useful organizations for them. If they need services in the future, they can ring the organizations again. 3notesor key points of information received or other obeservatons made Social worker’s tasks were clearly finished on the care plan, and the plan was updated to show they were completed. Transition from home to residential care completed. 4outline how the closure was in accordance with the service provider’s standards Review the items that were part of your role or responsibility in the plan. Check you have completed them all, and completed all related documentation etc. Consult with the other parties to the plan. Check that they consider you have completed your responsibilities, or whether there is something else they were expecting you to do. Handover meeting with host home family, BD and whÄ nau. 5outline how you made sure information was kept confidential Followed agency privacy policy. For example, consent from whÄ nau to share information with alternative education provider was received. 6provide two examples of how your actions were in accordance with relevant legislation. Name the legislation in the example. Privacy Act – I (agency) only kept information that was necessary for the purpose of facilitating BD’s placement in the host home. CYPF Act – both BD and whÄ nau were kept informed of decisions made, and wherever possible involved in the decision making process. 7other notes reflect on the closure process All parties updated and keep contacting with them. Provider policy followed, case file checked and updated, renew the information and regular check visit BD. Task5 How tiriti o Waitangi in social services? Give 3 examples how your actions on placement were guided by the tiriti. There are four principles in the Te Tiriti o Waitangi to ensure that maori’s rights were covered including partnership, protection, participation and permission. A partnership in good faith between two Maori and Crown, for that principle, when engaging with Maori or creating policy that could affect Maori, the Social Service organisations ensure needs of Maori are prioritised. In order to make ensure Maori have rangatiratanga rights over their taonga, always consultation with Maori leadership and management when organisational policies are being discussed. Te Tiriti o Waitangi applies in social services including ensure that all social services have a bi-cultural perspective. For example, we respect our maori client, maori way to deal with things, our maori workmates and client’s families, keep good relationship with them. Protection: for that principle, it allowed maori to exercise their Tino Rangatiratanga (absolute sovereignty) over all of their taonga(land), and benefit from these. Taonga in Maori language means land, resources, language, knowledge, and other aspects of the Maori way of life. Maori have the rights to enjoy their taonga in social service settings, and social service organisations must respect their way of life. It protect Maori’s rights to make choices that best serve their culture, that line with tika and kawa, suit their traditions and practices customary. For example, we working in the maori marae, we follow their traditional cultures and their process in the marae, we are not allowed to bring the food into marae and turn off the phone, no noisy when join the formal welcome. Participation: it ensure that maori take part in the social counseling and have the equal rights with crown. Consultation at all levels with Maori. It must be service accessibility for MÄ ori. Allowed Maori choose their models of health i.e (Te Whare Tapa Wha) rather than western models when working with MÄ ori. So when we working with maori, we should knowing their needs and their culture respect, provide their prefer ways to help them. Task6 How your actions throughout the process of contributing to the facilitation? At least 3 examples and include your inflections from your activities in this assessment all linked to theory for social service practice. respect my client, always ask their permission, I always collect the family agreement before the action and listen to my client, respect their choices and their maori way to do things. And I respect their culture, when enter Maura, I will follow their traditional approach and customs. Gain information that is relevant to the decision making process. Before an Alternative Placement happens, the families including SW, BD, BD’ parents and BD’ grandparents may meet several times to discuss and share relevant information, issues and needs of the client for their safety and wellbeing. We keep contact with family members involved. Keeping contact with the fostr family and BD, gain feedbacks and make plan to help BD get used in the new family. Contacting with BD’s parents and grandparents. Helping BD’s parents stop drug and find a job to earn some money. Weizhi you 13010121[à ©Ã¢â‚¬ Ã‚ ®Ãƒ ¥Ã¢â‚¬ ¦Ã‚ ¥Ãƒ ¦-†¡Ãƒ ¥Ã‚ ­-] 1