What are the main determinants of bank failure Essay

What are the main determinants of bank failure - Essay Example new products and activities with little or no expertise or inadequate risk management controls Heavy reliance on brokered or agent transactions to fuel growth Growth can be monitored a number of ways, such as the Canary Benchmark Ratios designed to assist field managers. An example is the increase of a banks total loans and leases beyond a threshold percentage from the same quarter of the previous year. Another category of red flags is the Deterioration in the Economy, since bank performance and economic conditions in the markets are closely correlated. Some common economic indicators are bankruptcies and business failures, employment, consumer delinquency rates, existing home prices, gross domestic products, income, inflation rates, interest rates, the trade deficit, wages, and so on. A third category is Management Oversight Deficiencies, which generally include indicators of management irresponsiveness, inefficiency, and non-compliance with laws and internal standards. The fourth c ategory is Inappropriate Limits on OCC Access to Bank Staff and Documents, which comprise attempts of the bank to deny regulators the timely and complete access to information. The include refusal to provide information within a reasonable time period, use of agents such as bank counsel to pre-screen requests for bank documents, alternation of records prior to examiner review, and unexplained disappearance of key records, among others. The OCC also looks out for these other categories of red flags: Asset Quality Deterioration. Red flags include increasing levels of past due and nonperforming loans as percent of loans, increasing level of Other Real Estate Owned (OREO), and increasing levels of interest earned not collected (IENC) as a percent of loans, among others. Strained Liquidity. Some red flags are low levels of on-hand liquidity, declines in core deposit levels, significant increases

The Developing Manager (Tourism Management) Essay

The Developing Manager (Tourism Management) - Essay Example Travel & Tourism business is known for its potential and peculiarities. This industry is very much dependent on a range of factors like economic, socio-cultural and environmental. The behavioural aspect holds key to the overall character of the organisation. Clouds Tours and Travel is a group of companies having six tour agencies, serving customers in different segments. In this type of business, customer loyalty is very important as the existing customers serve as the brand ambassadors for the company and its services. The role of leadership therefore becomes very crucial in devising strategies for the achievement of developmental goals of the company. Leadership is something which allows an individual or an organization to lead. Leadership qualities are not just an asset for the individual, but it also helps other members of the organisation or the team. If the manager is found to adopt an aggressive and autocratic approach, as in case of the Clouds Tours and Travel, the company is bound to suffer in terms of a congenial working environment. Underlining the key differences in these two components Hodgson (1987) states that ‘Management is about doing things right, whereas leadership is about doing the right things’. Three main styles of management are defined as1; Autocratic: Managers with this style prefer to have their way and they are least bothered about the suggestions of others around. Managers in Clouds Tours and Travel seem to believe in this type of management only, which is resulting in lot disgruntlement amongst the subordinates. Democratic: Managers with such style of management prefer to take the final decision after due consultation with others around. Their main line of action is to create some sort of unanimity in the final decision. It needs to be emphasised here that an effective manager is the one who holds a balanced mix of these three types of qualities. A number of

The Concept of Disinterestedness as Central for the Ethics of Kant Essay

The Concept of Disinterestedness as Central for the Ethics of Kant - Essay Example According to the research findings, it can, therefore, be said that the chief postulate of the philosophy of Kant is that the mind can know objects existing in the external world only via notions of space and time, which are sensible forms produced by the mind itself. Kant maintains that these forms, by virtue of structuring the sensual information, enable the knowledge as such, and concludes that all we know about objects is their appearance in time and space, in this way drawing attention to the fact that the mind adds something to its knowledge, fundamentally limiting itself in the process. Kant used these views as an argument in his moral philosophy to show that humans are free because it is the power of their reason that posits a moral law for their actions. In frames of the classical tradition, moral philosophy was viewed as ethics based on the human situation in the world, and on the realities external in relation to mind. Under this view, moral goodness is rooted in the natur e of man, the nature of things, and God. This approach gave rise to Natural Law theory of ethics, and since the classical period, the moral philosophy offered few new perspectives. It was Kant who offered a truly new perspective in the moral philosophy as he rationalized ethics by his exaltation of Pure Reason as a system of beliefs that does not depend on sensual experience, and at the same time used his Christian background to absolutize his moral ideal. He grounded morality not on the traditional notion of good but on the pure obligation, akin to his perception of knowledge as based on some a priori, i.e. independent of experience, forms inherent to mind. In this way, Kant replaced the traditional Christian ethics with reason, which became the factor that shapes human life, and ascribed to morality absolutized and sacred status. Thus, as the external reality has been demoted as the source of morality, a total change of the foundation of moral philosophy occurred and the rational ethics had to be separated from external objects and had to be inferred only from the internal qualities of the human mind. In Kantian disinterestedness, love is absent, which makes the ethics based on Pure Reason distinct from the traditional Christian morality. Indeed, Kant thought that to have a truly disinterested motive, any striving for good, including love and our desire for pleasure and happiness, as the end of an action must be disqualified as being not moral but as the one which is inevitably interested. Of course, the desire for pleasure, our self-interest, our self-love, and after all our prudence may seem to be related to morality, as these elements of our motivation accompany most actions of man, but for Kant they cannot constitute even slightest motives of the moral act, and instead deprive it of morality. As Kant says that the only possible thing which can be considered unqualifiedly good is a good will, therefore human desires cannot be motives for the pure and auto nomous moral will. Similarly, goodwill remains good only because it is an exposition of Pure Reason, and because it conforms to obligation exclusively for the sake of obligation, forming the only possible mode of a truly moral motivation. There is just one impulse that can lead us to this authentic motivation - reverence of the moral law because such a respect is the only factor that reason lets into moral life.

Cases of Cyber Crimes and Threat of Terrorism Assignment - 1

Cases of Cyber Crimes and Threat of Terrorism - Assignment Example Q3. Computer animation can yield realism and speed to a project. An image can be generated for the project and stored for later use without the need for drawing again or restructuring. This saves project time and cost. It always requires the animator to effectively determine the requirements of each phase of the project. However, program limitations often limit computer animations. On the other hand, 3D modeling approach has a big advantage of improving the overall design quality and ensures the minimal need for re-drawing. It lowers the time required for developing new designs and eliminates possible costly errors. However, effective results require training and it usually entails high start-up cost. Moreover, it is usually difficult to obtain a conceptual form. 6) Cost-benefit analysis: this section provides details about the cost of the project compared with the benefits of the project, thus providing critical information for deciding whether to pursue the project or not. Accurate estimation of time and a budget requirement for a project is one of the most challenging tasks in project planning. Lack of historical data on which to make time and cost estimates for new projects makes time and budget estimation difficult, thus the possibility of under or overestimating the time and budget required for any particular project. Lack of historical data makes it impossible to know various hiccups in the process of implementation of the project that can lead to late project completion and costs above the initial budget. Also, little or no relationship between projects makes time and budget estimation difficult.  

Leadership and Management Skills of the Great Personalities of the Essay

Leadership and Management Skills of the Great Personalities of the Twentieth Century - Essay Example The researcher states that even though Adolf Hitler, Franklin Delano Roosevelt, Joseph Vissarrionovich Stalin and Sir Winston Leonard Spencer Churchill belong to different nations, and cultures, one of the common elements seen in the behaviors of these people was their leadership skills or man management power. In fact, people adorned these leaders very much and were ready to do anything instructed by these leaders. In other words, people had blind faith in the abilities of these great leaders. Even though Hitler and Stalin were popular in their countries alone, Churchill and Roosevelt were very much popular all over the world. Stalin and Hitler worked only for the wellbeing of their people whereas Roosevelt and Churchill worked for the wellbeing of the global community, In other words, Hitler and Stalin were regional leaders whereas Roosevelt and Churchill were global leaders. The ability to solve problems in crises was the major element of similarity in the leadership of these four great personalities of the twentieth century.   Adolf Hitler, a politician of Austrian German, became boss of Nazi party in 1921 and being appointed the position of Germany Chancellor in 1933. In 1934, Hitler has assumed the office of German leader. During the Second World War, he was additionally appointed as Supreme Commander of German Armed Force. He was widely accepted as the main trigger of the Second World War.A decorated veteran of World War I, Hitler joined the precursor of the Nazi Party (DAP) in 1919 and became the leader of NSDAP in 1921. He attempted a failed coup detat known as the Beer Hall Putsch, which occurred at the Bà ¼rgerbrà ¤ukeller beer hall in Munich on November 8–9, 1923. Hitler was imprisoned for one year due to the failed coup, and wrote his memoir, "My Struggle" (in German Mein Kampf), while imprisoned. After his release on December 20, 1924, he gained support by promoting Pan-Germanism, antisemitism, anti-capitalism, and anti-communism with c harismatic oratory and propaganda. He was appointed chancellor on January 30, 1933, and transformed the Weimar Republic into the Third Reich, a single-party dictatorship based on the totalitarian and autocratic ideology of Nazism.

Constitutional Law of the European Union Essay Example for Free

Constitutional Law of the European Union Essay The European Court of Justice is the driving force behind European integration. The ECJ had elaborately defined the doctrines of supremacy and direct effect of the EC Law and provided remedies for damages caused by breach of EC Law by a Member State . Despite the initiatives of the ECJ, there have been conflicts between Community law and national law. Moreover, the ECJ made it clear that the EC law had supremacy over national law in the event of conflict as evidenced in the case of Costa v ENEL, wherein it held that a preliminary ruling by the Italian courts based on their national law would be of no significance. In Simmenthal, the ECJ clarified that the Community law was to take precedence over national law and that any provision of the national law that contravened the Community Law would be rescinded by it. Moreover, the ECJ prohibited the implementation of any national law that was in conflict with the Community law. The ECJ further ruled that no fundamental provision of any national law could challenge the supremacy of a directly applicable Community rule . This supremacy of Community law is one of the constitutive principles of the integration of the European Community legal order and it has been well embedded in the Treaty that established a Constitution for the European Union. The doctrine of supremacy of Community law, the principles of direct effect and uniform applicability are the primary ingredients of the Community. They are fundamental to the promotion of an effective Community legal order and form the unseen pillars of the European Constitution. Further, the doctrine of supremacy is the actual concrete personification of this constitutional power . The national constitutional courts of Member States found it very difficult to adopt the doctrine of supremacy and in the initial stages the Italian and German constitutional courts almost refused to adopt this doctrine into their respective national legislations, because they felt that they would be surrendering their power of constitutional review of secondary community law. Subsequently, the enlargement of the European Union provided a new paradigm to this doctrine of supremacy. This doctrine of supremacy was enforced by the ECJ in Costa v ENEL . This doctrine is a jurisprudential creation of the ECJ. Further, the Court clarified that the EEC Treaty had adopted a new legal system, which the Member States had integrated into their national legislation. Accordingly, the national courts were required to apply the Community law without any deviation and this generated a number of debates in the Member States. Ultimately, it was accepted by the Member States. However, total supremacy over the national constitutional provisions has not been achieved . In Frontini the Italian Constitutional Court had opined that the 1957 Act, which had accepted the provisions of the EEC Treaty, did not breach the Constitution. Moreover, the Italian court reserved to itself the right to review the continuing compatibility of the Treaty with the Constitution . In another case the Italian Constitutional Court, while accepting the precedence of Community law, maintained that the court had competence over any aspect of the relationship between Community law and municipal law . These decisions clearly established that the national constitutional courts had not completely accepted the supremacy of Community law. The German Constitutional Courts voiced their concern over the protection of fundamental rights in the decisions given in Solange I and II and introduced the concept of Kompetenz – Kompetenze. Even in the Banana case the German constitutional Court declined to give up its power to review secondary community legislation in order to protect fundamental rights . In the United Kingdom this doctrine created several problems, because the UK constitution bestows absolute power on Parliament. Further, the UK ratified a dualist policy concerning the relationship between international treaties and national law. Although such treaties were signed by the UK, they were not incorporated into the domestic law of the UK. In order to incorporate the treaties into national laws, the Parliament had to ratify them and this resulted in a problem in respect of accepting the doctrine of supremacy of Community law over national law. In the famous Factortame case the concept of the supremacy of Community law was subjected to a vast amount of discussion. In that case Spanish fishermen had argued that the norms for registering vessels under the Merchant Shipping Act 1988 were discriminatory and in conflict with the provisions of the EC Treaty. The House of Lords refused to grant any interim injunction against the Crown. The applicants in this case claimed that this would violate the Community law and the result was that a reference was made to the ECJ, which ruled in favour of these applicants. The ECJ further held that any piece of legislation in the national law that prevented a court from issuing interim relief would be tantamount to the violation of the Community law . The EOC case dealt with the suitability of the UK statute regarding unfair dismissal and redundancy pay in the broader context of the EC law . The UK law provided different benefits to employees working in full –time and part – time jobs. The appellant in the case, the Equal Opportunities Commission, opined that the statute was discriminating against female employees, which was in contravention of Article 141 of the EC Treaty and to other Community directives. The House of Lords held that the national legislation had violated the EC law and upheld the contention of the EOC. The approach of the European Court of Justice is at variance with the customary doctrine of precedent that is entrenched in domestic law. The objective of the ECJ is to bring about a European Union that follows the same law throughout its Member States and to this end it constantly endeavours to promote the EC Treaty. This could result in a change in the interpretation of legal principle over a period of time. Moreover, the ECJ bases its decisions on the extant circumstances and not on precedent. National courts of Member States in the European Union can obtain a preliminary ruling regarding the interpretation of European Union Law from the ECJ on the basis of the provisions inherent in Article 234 of the EC Treaty. However, it is not the primary objective of the ECJ to take decisions regarding the compatibility between the domestic and European laws. Further, it is also not the primary aim of the ECJ to apply the European Union Law to some specific facts of a case . The ECJ indicates the principle to be applied in a particular case and the case will have to be decided in the originating court, however, the ECJ ruling will have to be implemented by such a court. In the absence of an appeal from a national court, a reference will have to be made by the originating court, in case it is of the opinion that a clarification in respect of European Union Law is required. Nevertheless, there are instances where an ET, EAT or Appellate Court has to make a reference to the ECJ in order to pronounce judgement that is in accordance with the EU law. The function of the advocates general is to aid the judges in their judicial work. They do this by submitting analyses and recommendations regarding the issues raised in a particular case . In addition to the rights conferred on the nationals of the EU Member States by their respective national constitutions, the EU law comprises of another source that grants rights to them. As such the European Union law constitutes a legal system that in addition to being independent also, perhaps more importantly, takes precedence over the national laws of the Member States of the European Union. This European Union law comprises of treaties, which constitute primary legislation and regulations and directives that constitute secondary legislation. The importance of regulations is that they directly require compliance from the Member States without having to be codified into the national laws. However, in respect of the Directives, which are also legally binding, the onus of implementing them rests squarely with the Member States and these Member States have to do so by resorting to the relevant national law legislation on or before the final date set by the EU for such implementation. Accordingly, Article 189 of the European Economic Treaty states that â€Å"A Directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. The European Court of Justice, subsequent to taking cognizance of the fact that Directives have to be implemented by the Member States, declared that individuals were well within their rights to ensure the implementation of Directives even in the event of failure by the Member States to meet the deadline set by the EU. In addition, individuals were permitted to enforce such rights in the national courts. The Van Gend en Loos decision unequivocally established the fact that in addition to creating obligations for the Member States to implement the Directives it also creates rights for the individual citizens of these Member States . The right of the Member States and the European Commission to proceed against other Member States before the European Court of Justice does not prohibit the lodging of complaints by individuals against the Member State to which they belong in their national courts. In this context, the European Court of Justice ruled that Article 12 of the EEC results in direct effect, which in turn result in the creation of rights for individuals and that these rights had to perforce protected by the national courts. Consequently, individuals have been empowered to ensure that rights granted by the Directives are enforced in the national courts . The offshoot of this is that individuals can ensure the implementation of human rights by resorting to legal action. In the Becker case it was clarified that if there is unconditionality and adequate precision in the provisions of a Directive that bestows individual rights, then individuals can resort to such provisions to contest the relevant national law . Furthermore, in the Francovich case the European Court of Justice established a test in three parts, which was to be utilized in order to ascertain whether the provisions that were inherent in a Directive, were sufficiently precise and unconditional in creating a right that was applicable to individuals. The ECJ has to consider the identity of the persons who are supported by the guarantee and the content of the guarantee. The identity of the person in breach and who is liable to pay the guarantee has also to be ascertained. Private persons and institutes cannot be subjected to the provisions of the Directives, because it is only the state that is subject to the Directives. The decision in the case of Francovich served to establish that damages could be claimed by an individual in a national court, in the event of a Member State’s failure to implement a Directive properly. The ECJ clarified that the spirit of the European law and the protection of rights would become ineffective if an individual failed to secure compensation. Moreover, the States are required to implement Directives wholly and properly. The ECJ decided in Brasserie du Pecheur v. Germany that there must be a sufficiently serious breach by the State in order to determine its liability. This dictum applies to situations where national legislation is implemented improperly and inconsistently with a Directive. In order to determine whether Community law was breached with sufficient seriousness, it is sufficient to demonstrate that the Member State or Community institution had seriously and knowingly ignored the limits to its discretionary power. Some of the factors that the court has to consider are the exactitude and clarity of the rule that was breached, the amount of discretion allowed to the national or Community authorities, whether the damage caused was intentional or not and whether there had been any adoption or rejection of measures that were in violation of the Community law . Member States for whom the Directives are specifically issued should be bound by them. Sometimes Directives can be addressed to one Member State or a group of them, but in general Directives are addressed to all the Member States. The exception to this practice is in respect of Directives that pertain to Common Agricultural Policy. The European Commission initiates a binding legal action in situations where a Member State fails to incorporate the provisions of a Directive into their national legislation or if the national legislation fails to properly fulfill the requirements of the Directive. Previously, the Directives were not adequately binding upon the Member States in their implementation. To address this problem, the ECJ promoted the doctrine of direct effect. Thus even if a Member States fails implement the Directives there is legal initiation under the principle of direct effect. This was clearly established in the case of Francovich v Italy. In that case, the ECJ attributed liability to Italy for its failure to implement a Directive. The Easytalk was a private limited company that had been formed with help from the UK government. It was established in order to encourage students in the EU to come to the UK in order to learn English. This company advertised all over the EU universities by means of pamphlets, in which it was stated that the course instructors would be highly qualified scholars in English with a great deal of teaching experience. A Directive was issued by the EU that prohibited the issuance of advertisements that misled and imparted false information. This Directive was to be implemented by January 2007. However, the UK government failed to implement this Directive by this deadline and in effect this Directive had been ignored by the UK government, because the latter was of the opinion that this Directive was unlawful. Subsequently, a French student, Antoine came to the UK and registered for a course that taught English. However, once the classes commenced, Antoine realized that the faculty comprised of students who were not qualified teachers of English as a foreign language. On being approached, the institute where he had enrolled refused to refund the fees paid by him. The direct effect of directives has been restrained by the concepts of vertical and horizontal effect. Van Duyn and Ratti affirmed that directives only have vertical effect so that an individual who is affected by the states’ failure to implement a directive properly or not at all only has rights against the state and not against a non-state entity or other individuals, as the directive imposes the obligation of implementation upon the state. Therefore a horizontal limitation was placed upon the scope of the direct effect of directives. This principle was addressed in Marshall v Southampton and South West Hampshire Health Authority , in which the applicant who was employed by the Health authority, was required to retire at the age of sixty – two years, while men doing the same work did not have to retire until the age of sixty – five years. Although under national law, by virtue of the Sex Discrimination Act, this was not discriminatory, she succeeded in her claim for unfair dismissal by relying on the Equal Treatment directive, which had not been implemented in the UK. This directive was sufficiently clear to have direct effect but the courts took the opportunity to confirm that a directive may not of itself impose obligations on an individual and that a provision may not be relied upon as such against such a person. Therefore since the health authority was an organ of the state, the directive had vertical direct effect. Since the respondent in this problem is a private limited company, the claimant cannot approach the Commission under the vertical direct effect. However, he can seek justice under the EU law by resorting to the procedure of indirect effect. Since, the UK government had not implemented the Directive; the claimant can approach the national courts of the UK to compel the government to apply the Directive. In respect of damages, the ECJ further held in R v H. M. Treasury, ex parte British Telecommunications plc that parties who had sustained loss as a result of incorrect implementation of a directive by a state, could claim damages for the loss sustained on such an account. In contrast to this, if a state has failed to fulfill its obligations regarding Directives, whether by non-implementation or incorrect implementation, an individual cannot request invocation of the horizontal direct effect of a directive against another individual. Similarly the effectiveness of non-implemented or incorrectly-implemented directives that do not have direct effect through the horizontal limitation has been enhanced through the doctrine of indirect effect, which emerged from Von Colson . In this case the ECJ held that national courts are required to interpret their national law in light of the wording and the purpose of the directive so that the directive is given some effect despite the absence of proper domestic implementation. This principle may be used under two circumstances; first, where the defendant is a state entity but a directive is not vertically directly effective as its provisions are insufficiently precise, conditional and require further state action for their implementation. Second, the provisions of a directive could be indirectly enforced against a non-state entity i. e. it could be applied horizontally as between individuals. The court was confronted with a ‘horizontal’ situation in Marleasing , in which this position was confirmed. Therefore, if national law was in existence that could be read in conformity with a non-implemented directive, then an individual could enforce a legal remedy against another individual through the interpretative route without seeking to enforce the directive directly and encountering the barrier to horizontal effect. In respect of the Easytalk institute the claimant can file a case for breach of contract and false representation in the UK courts in order to obtain redressal for the loss, damage and frustration caused to him. The question arises as to whether the aggrieved individuals can claim damages against the state in the national courts. The ECJ clarified that the state had to pay compensation for the damages caused due to non – implementation of a Directive and that the conditions laid down for such claim of damages must not be less reasonable than what was specified for a domestic claim. Furthermore, the Member State should not unduly complicate the claim process.

Communicating In Health And Social Care Organisations Social Work Essay

Communicating In Health And Social Care Organisations Social Work Essay INTRODUCTION Language in particular and communication in general, permeates every aspect of peoples lives. It is important in everything that a person does, in whatever profession an individual might be in. It fosters greater understanding as well the possibility of establishing better relationships between the parties which are communicating. This paper seeks to address the issue by the provision of the theories of communication which are applicable in health and social care, how to use effective communication skills in such a context, methods of dealing with inappropriate communication practices, strategies for effective communication, and the benefits and need to be engaged in effective and efficient communication practices, especially in the context of the said profession. The author will stipulate significant factors which are assumed to be highly influential in the process of communication include culture, values, legislations, and other regulations which govern the practice of the profession. The author will also provide suggestions on how the communication process can be improved so that it can be more useful in the field of health and social care. Furthermore, the author will discuss the standard software which are used by the health and social workers in their profession, an analysis of the benefits which were brought about by such applications, provide an analysis of how such technology enhances activities in the profession, and evaluate the legal considerations which are critical to be understood in the application of the information and communication technology. The author will further discuss the nature of the workplace where the author is working. The organization provides care services for clients with physical and mental disabilities and for clients with dementia. USE OF COMMUNICATION SKILLS IN HEALTH CARE THEORIES OF COMMUNICATION Four theoretical approaches in the practice of health and social care will be highlighted in this section: psychodynamic, behaviourist, humanistic and cognitive. The main foundation of the psychodynamic theory to communication is grounded on the works of Sigmund Freud. This does not involve only a single theory but stems to a number of other theories which were all grounded on the foundations of the work of Freud. This theory combines those which are associated to psyche which includes not only the mind but the entire inner feelings, thoughts and experiences and dynamics which refer to the notion that psyche is not stable, rather active. According to this theory, communication with the individuals self is very critical as it is the foundation of that persons communication practices to others. One of the basic assumptions on this theory is that the individual is the author of his own history; therefore, the individuals earliest experiences form the foundations of how that person deals with others. Such can be modified along the process. Another basic assumption is that the individual lives in two worlds at the same time, internal and external. The internal world is unconscious while the external is controlled. The theory also assumes that all behaviour is logical and acted upon with purpose. These factors are highly influential with how the individual communicates in health and social care setting (Ellis et al., 2003). Another theory which can be noted is the behaviourist theory. The main foundation of this theory is the notion that all behaviour is largely based on learnt responses about specific stimuli. This can be able to explain the method of language acquisition such as that of the echoic response wherein the infant imitates the sound which is made by the health or social professional, who, on the other hand, reinforces the behaviour of the infant. This theory focuses on behaviour and highlights the present and the future (Ellis et al., 2003). The third theory which will be considered in this paper is the humanistic approach. Under this theory, the person is the highlight of interest rejecting the significance of behaviour and the unconscious impulses which result from the past. Two of the theories which are under this approach are the person-centred theory and the transactional analysis. The former highlights the importance of childhood and current experiences in life while the latter reiterates the significance of personality, child development, social psychology, and psychopathology (Sully Dallas, 2005). According to Carl Rogers (1902-1987), People are essentially trustworthy, that they have a vast potential for understanding themselves and resolving their own problems without direct intervention on the therapists part, and that they are capable of self-directed growth if they are involved in a specific kind of therapeutic relationship. In relation to health care context, the goal of this theory is to make the clients become more open in their own personal experience, to accept themselves in all aspect, and to minimize things that might challenge their concept of self. To achieve this, there must be a good relationship between the therapist and the client. The therapist must be realistic but not offensive, accepting but critical to the misconduct of the client. Trust between the therapist and the client is important so the client will not feel social distance scale. It is basically understanding and accepting the client as a whole being, not judging the clients impurities. The fourth is the social cognitive theory. According to Bandura (1986), individuals obtain more information through observational learning. At home, how a parent would nurture their child can be an environmental factor that influences the child the way he behaves. Learning starts from the home whereby a child imitates the people around him. Behaviour then is being shaped and as the child grows; his natural curiosity is reinforced by his motivation to learn. The social cognitive theory explains the interaction between the person and the environment which involves cognitive competencies such as achievement that are developed and modified by social influences and structures within the environment such as parents and society. USE OF COMMUNICATION SKILLS There are many ways to communicate; it could be verbal, non-verbal, writing and listening. Verbal communication is used when giving information or doing trainings, on the telephone, hand over and when talking face to face with a client. For verbal communication, there are things to consider like the tone of voice, pitch and talk on the same level, never talk with your back on your client. Non-verbal communication is used for clients who have difficulty hearing, deaf and mute. Factors to bear in mind are facial expression, hand gestures, physical appearance and body posture. Aids that might help communication are the use of symbols, picture cards and communication board or writing pad. The art of good listening is practiced by letting the clients talk in their own pace and giving them time to express themselves. Transmission of information becomes effective by getting the message across clearly and reflects on how the message was conveyed. The benefits of effective and efficient communication skills in the practice of health and social care can be highlighted by how it is used in the profession. One of the uses of communication in this field is to foster the growth and development of the practice. It must be noted that communication does not only exist between the health professional and the client. It is also evident between health professionals themselves. Communication can be used in this field to be assured that innovative ideas, trends, and best practices are shared amongst the healthcare professionals and social workers for the betterment of their profession (Santy Smith, 2007). Communication can also be used in the context of health and social care to be able to promote an advocacy. This kind of communication is often utilized in mediums like advertisements on print and other channels. The use of media for health promotion campaigns is very convincing that people understand healthy living and what is best for them. Lastly, it has also been noted that communication can be used in the health and social care setting to be able to foster partnership with clients or patients, treat them with respect, provide patients with self-esteem, provision of practical help and advice regarding their condition, stimulate their intellectual development, improve the clients sense of self-being or self-worth, satisfy the physical, emotional, and social needs of the patients and to be responsive of their needs (Haworth Forshaw, 2002). DEALING WITH INAPPROPRIATE INTERPERSONAL COMMUNICATION To be able to reap the benefits of a good communication practice, health and social workers must be able to properly deal with any inappropriate communication practices. For instance, any barrier to communication should be resolved as such can result into misunderstanding in the professional practice. An example of a factor which can be a hindrance to good communication practice would be culture and language itself. Professionals in the field of health and social care should see to it that both parties understand each other, especially when decision making is involved. The use of jargons should be limited as it can lead into inappropriate communication leading into misunderstanding. Another factor which can be considered as an inappropriate practice in communication in the context of health and social care is privacy. Patients are private individuals, their records should therefore be held with confidentiality and there should be no presence of breach of contract as well between prac titioners or professionals. Health and social workers have the inherent duty to not disclose any information without the knowledge of all the parties which are concerned. The lack of trust of the patient to the medical worker can also be a barrier to effective communication. Lastly, the lack of knowledge can also serve as another barrier to communication (King Wheeler, 2007). STRATEGIES TO SUPPORT USERS To be able to be potentially engaged in efficient and effective communication practices, as a carer VARIOUS FACTORS THAT INFLUENCE COMMUNICATION PROCESS IN HEALTH AND SOCIAL CARE VALUES AND CULTURE Two of the factors which are assumed to be highly influential in the communication process, specifically in the field of health and social care, are values and culture. These may include factors which are related in demographics such as age, gender, race, educational and economic status, and also beliefs, among others. Culture, which can be defined as the identifiable integrated pattern of human behaviour that includes customs, beliefs, values, behaviours, and communications (Servellen, 1997), is said to be highly influential in this field basically because they arise from almost every group that are involved in the communication process. In tackling the issue of culture and its influence in the communication process, one of the factors which should be understood are the sub-groups, for instance, Asian. Among the Asian cultures, people from different countries have various approaches to communicating. For instance, in the Vietnamese culture, talking is customary. Professionals who ar e working with people who are accustomed to the Vietnamese culture must be able to take such cultural factor into account so that the communication process can be carried out more efficiently and more conveniently. Another factor which should be understood on this note is cultural identity. One of the inclusions in this identity is the fact that all people are influenced by cultural programming which makes it essential to have an understanding of that culture so that communication can be carried out better (Servellen, 1997). As mentioned earlier, one of the dimensions of culture and values which influence the communication process is gender. Men and women are naturally equipped with differences and such can be reflected in the way they engage themselves into the process of communication. Having different communication styles base on gender, interpretation may also vary in both sexes. Health and social workers should be aware of these differences so that they will be sensitive on how to deal with each patient or client. One of the key to understand these differences is to be an active listener so that the professional can be able to better understand the patient. The same is true with age and ethnicity. Communication with elderly should be done on a different approach wherein the health or social worker should demonstrate more respect. A different approach is also given when communicating with the younger ones. Furthermore, each nationality also has different approaches to communication. Some verbal and n on-verbal communication techniques might be appropriate for other cultures while it may prove to be rude for some. These should be understood clearly so that there will be no misinterpretation and confusion with regards to the transmission of the message (Basavanthappa, 2004). LEGISLATION, CHARTERS, AND CODES OF PRACTICE Despite the fact that communication in the field of health and social care is highly influenced by culture and values, it has also influenced the existence and stipulations which are provided by legislations, charters, and codes of practice. The institution is often left with no option but to follow such stipulations as it is a legal requirement in the context of their practice. One of the most important factors by which legislations and charters influence communication techniques can be demonstrated by the fact that such allows the provision of equality. The existing laws which govern the practice of health and social care are based on the principle of equality which does not allow discrimination of any party, be it a patient or a health or social worker. For instance, legislations such as those which provide fair employment, sex discrimination acts, race relations, and others are some of the laws which demonstrate and influence in professional practice. These laws serve as the foundation of the behaviour of the healthcare professional and form the basis of how they act and how they communicate. The serious consequences of going against such legislations will be undeniably a critical factor in the observance of a good communication practice (Cambridge Training Development, 2000). The Data Protection Act 1984 is a good example which demonstrates legislations in good communication practice in the field of health and social care. This can be able to provide protection to information which are assumed confidential and should be used solely for the purposes known by the persons involved. Service users could possibly demonstrate loss of trust from the service providers if confidential information are leaked making it important for laws to provide protection for such. Certain legislations are also made available to provide equality and anti-discrimination in the workplace. These factors are highly influential in shaping the communication practice and activities of people in health and social care (Moonie, 2005). Furthermore, the stipulations in the code of practice and ethics in a certain institution are also highly influential in communication practices especially in consideration of the fact that they can affect confidentiality and privacy of information. For instance, the use and access to the internet for health and social workers are often limited and defined by codes of conduct, depending upon the institution, to be assured of good communication practices and work ethics. The use of other technological aids can also be regulated by existing rules and regulations to be able to protect the rights of the institution, the workers, the patients, and the public in general (Martin, 2003). ORGANIZATIONAL SYSTEMS AND POLICIES For all concerned parties to be engaged in effective and efficient communication practices, one factor which can be considered as essential would be effective organizational systems and policies. These systems and policies will be able to shape the communication activities and will make it more appropriate and meaningful. Health and social care institutions need to develop systems and policies which can foster good communication. This can include factors which are related to documentation, information systems, establishment of procedures and practices. For instance, the development of a dynamic and advanced information system can demonstrate effectiveness and efficiencies in the various activities which are undertaken. In the absence of such systems, it will be highly impossible to transmit and share information which might prove to be significant in the profession. For instance, at Ashleigh Court Rest Home, policies are strictly implemented. Stated below are some of the policies tha t the home adheres with: Whistle Blowing Policy this document has been written to comply with the Public Interest Disclosure Act 1998, which was introduced to protect employees who blow the whistle about any wrongdoing. The policy gives clear guidance to all members of staff regarding the correct procedure for bringing to attention any wrongdoing or suspected wrongdoing which they feel could affect the reputation of the home, other members of staff, visitors, residents or any other organization or persons connected with the home. The policy outlines commitment to openness and good communications. Bullying In The Workplace The home believes that all staff have the right to work in an environment that is free from bullying, harassment or intimidation, from either colleagues or management. The home seeks to enable staff to enjoy their work and fulfil their personal and professional potential, by creating and sustaining a stimulating and supportive work environment. It is recognised that staff who feel powerless, vulnerable or even persecuted will not be able to give of their best work or work successfully. Prevention of Accidents The home fully accepts the responsibility to ensure that all reasonable steps and precautions are taken to provide and maintain safe and healthy working conditions, which comply with all statutory requirements and codes of practice. The home fully supports and complies with the relevant National Minimum Standards and Regulations, which relate to the promotion and protection of the health, safety and welfare of service users and staff. It is recognised, however, that even in the safest of working environments, accidents will occur, from time to time. Where and when this does happen, the Registered Providers (employers) will abide by the requirements of The Health and Safety at work Act 1974. As such, employers must, by law, notify certain categories of accidents, specified cases of ill health and specified dangerous occurrences to the Health and Safety Executive or the Local Authority to comply with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). By undertaking these notifications, the home will not only be meeting the legal requirements but will be able to determine local patters and causes of accidents, so that preventive measures can be put in place to prevent recurrence. A written record such as Accident/Incident Report will be kept, of any accident, however minor, which occurs in the home. Policy on Racial Harassment Every Service User has the right to live and every staff member has the right to work in the home without the threat of racial harassment, discrimination or abuse. Any occurrences of this nature will not be tolerated and perpetrators will be subject to disciplinary procedures. The home fully upholds the principles and guidance of the Race Relations Act 1976 and the Protection from Harassment Act 1997. Racial harassment is any behaviour, deliberate or otherwise, pertaining to race, colour, ethnic or national origin, which is unwanted by the recipient and creates an intimidating, hostile or offensive environment. It may include racist jokes or insults, abusive comments about racial origins and skin colour and ridicule of an individual on cultural and/or religious grounds. IMPROVING COMMUNICATION PROCESS Health and social workers must be perpetually engaged in the improvement and development of the communication process to be better in their profession. One of the ways by which such can be improved is through the provision of security of information. In this way, privacy and confidentiality can be achieved and it can to help prevent any misunderstanding and confusion in the communication process. Furthermore, the communication process can also be improved through the provision of dynamic and sustainable rules which relate to documentation, presentation, and use of outputs and reports so that their purpose can be maximized by its users and providers. The provision of technological aids and communication tools can also help improve such process. Furthermore, the following are other ways by which communication can be improved in the health and social care setting: provide communication access to persons with difficulties; be aware of the various communication barriers and develop strate gies by which they can be minimized or reduced at an acceptable level; teach workers about ethics and values related to communication practices; and rigorous training and education to enhance workers knowledge about effective and efficient communication. There is a need to make service providers understand what are the processes and activities involved in the complex communication process and the need to teach them to be active listeners. By doing the earlier mentioned, the health and social care workers can have an improved communication process and it can foster greater understanding and build better relationships between providers and users (Malone, 2005). EXPLORING THE USE OF INFORMATION COMMUNICATION TECHNOLOGY IN HEALTH AND SOCIAL CARE STANDARD I.T. SOFTWARE The activities in the provision of health and social service would not be possible to carry in the absence of various I.T software and applications. Some of these include: word-processing, spreadsheets, presentations, internet, intranet, and email. These tools are assumed to have critical significance in the profession as it helps in the completion of day-to-day activities in the organization. Word processing is important because it allows the creation, editing, reading, and amendment of various documents which might prove to be vital with health and social care work. If these documents are handwritten, there is no form of standardization and it will be hard to understand as well as too slow to accomplish. Therefore, word processing is considered as one of the most significant I.T. software package as it allows ease in work and reduces the intensity of labour in the creation of documents. Spreadsheet, on the other hand, allows them to do mathematical calculations with ease as it has formulas which can make their works easier while presentations allow them to prepare and present visual presentations in order to communicate better. The internet and intranet is also a good tool as it allows connectivity between the network of users within the organization and through the globe using the internet. Lastly, emailing would allow them to exchange information within each other and share documents in the workplace (Cook, 2006). One of the most advanced application of information and communication technology in the field of health and social care is through telecare which is a business-to-consumer service provision without personal interaction as it just completed on channels such as telephones and computers. This includes services which are related to health and social care such as automated appointment reminders and client monitoring services at home. Traditionally, these things are done by trained professionals at the clients home until the inception of technology which defies distance and allows greater interaction between the users and providers (Niman et al., 2006). BENEFITS OF USING ICT The use of information and communication technology would have not proliferated in the field of health and social care if it did not bring numerous benefits and advantages to the organization, users, providers, and the general public. One of the benefits is the accuracy of records. Because of the use of the various applications of information and communication technology, it will be easier to have readily available information about the condition of the client and it will be easier for the staff to provide an answer to the concerns of the patients. The health professionals are also able to enjoy the benefits of information and communication technology because such allows them to have safe, modern, and speedy IT systems which can help them in their routine, it allows them to utilize time more efficiently, and it allows the possibility of remote monitoring (Gillies, 2006). Information and communication technology is also beneficial in the field of health and social care because it allows the possibility of meeting individual needs, it provides ease in the administration of treatment procedures, it makes the administrative practices more efficient, records and documentation can be more accurate, it fosters better communication, and it promotes independence. Information and communication technology also provides collaboration among users and providers which inevitably leads into more efficient service delivery (Leathard, 2003). ENHANCING ACTIVITIES OF HEALTH AND SOCIAL CARE WORKERS Information and communication technology demonstrates the possibility of enhancing the activities by which health and social care workers are engaged. This is assumed to be done through the following ways: efficiency in business administration, meeting the needs of the employees, improving the quality of service, accountability, and meeting what is required from them. Because of information and communication technology, the field of health and social work is able to experience increased efficiency. The use of various tools associated to such form of technology has allowed them to be engaged into better practices in their profession. For instance, the internet and the intranet, along with the methods by which documentation has improved, are all seen as highly contributory to the improvement of business administration. Service has also seen a dramatic improvement because of the applications of the said technology. Because of such, it is easier to access records and information, althoug h such has also been limited by existing legislations to protect privacy and to promote confidentiality. LEGISLATIONS To be assured that the use of information and communication technology is maximized and not detrimental to the society, certain legislations, both internal and external to the company also exist to govern information and communication practices in the field of health and social care. The Data Protection Act provides restrictions and limitations on the use and access of personal information, especially those of the clients or the patients. Some of this information includes personal information, medical records, treatment history, and credit information. Record keeping is very important and should not be underestimated. Disclosing of information is tantamount to breach of confidentiality. Furthermore, another legislation which is assumed to be significant in the use of information and communication technology is the Access to Personal Files Act 1987 which stipulates general considerations with regards to access to personal information, specifically those data which relate to social services. In addition to these legislations, Access to Medical Reports Act 1988 has also been provided to give right to access into medical reports for the purpose of employment or for insurance. The client, under this legislation, is also endowed with the right to see the information before it is supplied and can also be subject for correction. Lastly, another important legislation is the Access to Health Records Act 1990 which is more concerned about records which could be accessed manually. It gives the client or any other representative the right of access to medical records, in whatever form, electronic or manual (Jones Jenkins, 2004). Moreover, to keep information within the limits o f the workplace, bringing of storage devices are also limited so as the providers cannot transfer any information about the service users which can be leaked and used for purposes which are not under the consent of the parties concerned (Moss, 2008). RECOMMENDATIONS AND CONCLUSIONS Technology has brought a number of benefits realized in the health and social care sector such as meeting the individual needs, ease of administration of procedures, making efficient administrative practices, accurate documentation, and fostering a more dynamic communication practice. Information and communication technology also enhances activities of health and social worker such as by improving efficiency of service, accountability, and quality of outputs. To be able to engage in a more meaningful communication practice, there is a need to be aware and to understand the existing differences in culture and values because they will be able to foster better relationships. There is a need for continuous improvement process in communication by being able to identify ways by which such could be improved. The health and social care sector needs to identify, without a halt, ways by which communication can be improved, so that the profession, in general, can also be improved.