Land Registration Act 2002 - Free Essay Example

Sample details Pages: 16 Words: 4714 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Topics: Act Essay Did you like this example? The Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s proposals for electronic conveyancing provide for a secure and swift system of transferring title TABLE OF CONTENTS INTRODUCTION Background to the Land Registration Act 20022 Criticisms of Existing Legislation3 The Object of Reform4 IMPLEMENTATION The 2001 Report4 Paper Based Conveyancing Practice5 The Anticipated Model5 Compulsory Use of Electronic Conveyancing6 THE NEW SYSTEM The 2002 Act7 The Scheme of the Act An Overview7 The New System in Practice9 Comparison with Paper Based Conveyancing10 LAND REGISTRY PRACTICE Detailed Implementation of the System11 Electronic Funds Transfer12 CONCLUSION A Conveyancing Revolution?14 Bibliography15 INTRODUCTION Background to the Land Registration Act 2002 It may be argued that the Land Registration Act 2002 represents the most significant development in conveyancing since the reforms of 1925. Its genesis can be traced to the joint Law Commission and Land Registry consultative document Land Registration for the Twenty First Century[1] published in 1998 which set out a framework for the development of conveyancing over the ensuing decades. Abbey and Richards[2] suggest that this was motivated by three growing pressures: the growth in demand for electronic conveyancing, the fact that current legislation was complicated and unclear and the reality that some 80% of all titles were by then registered. Don’t waste time! Our writers will create an original "Land Registration Act 2002" essay for you Create order The extent of this registration undoubtedly paved the way for serious consideration of a shift to an electronic system but it is perhaps the growth in use and acceptance of new technology which was the primary driving factor. This document (para.1.2) readily acknowledges the reality of a situation that was already in process of evolution: The whole of England and Wales had been subject to compulsory registration since 1990 with the result that most conveyances of unregistered land now have to be completed by registration; thus the pattern of registration was progressively becoming more comprehensive still; The register is now open and can be searched without the consent of the registered proprietor; The register is already computerised with most titles entered on the system; and, A system of direct access to the computerised register which was introduced in January 1995 enables those who are connected to it to search the register instantly. A trial had already been commenced with a lending institution of a system of electronic requests for the discharge of mortgages. Thus the Joint Working Group concluded: à ¢Ã¢â€š ¬Ã…“The probable outcome of these developments will be a system under which registration becomes an essential element for the creation and transfer of estates, rights and interests in land, performing a similar function to the formal requirements that exist under the present law, and which it would replace. The implications of these changes are considerable and underlie much of the thinking in this report.à ¢Ã¢â€š ¬Ã‚  Criticisms of Existing Legislation If technological change was pulling the need for reform forward into the next century, it was also being driven from behind by perceived deficiencies in the existing legislation. The land registration system had been in existence for some three quarters of a century; the legislation was regarded as badly drafted and unclear with the primary leg islation being supplemented by a plethora of secondary rules making it unclear which elements were to be found where. It was conceded that the system à ¢Ã¢â€š ¬Ã…“has been made to work very effectively, but this has often been in spite of rather than because of its legislative structureà ¢Ã¢â€š ¬Ã‚ . The Land Registration Act 1925 was conceived as a mechanism for translating the principles applicable to unregistered land into a registered format with the intention that both sets should be fundamentally the same with the register providing a perfect mirror of title. In reality discrepancies had developed in such areas as the protection of rights of occupiers, the priority of equitable interests and the rights of those claiming adverse possession. It should be observed that whereas the basis of title to unregistered land was the fact of possession, the basis of title to registered land was the fact of registration itself. The perpetuation of this anomaly was considered especially undesirable: à ¢Ã¢â€š ¬Ã…“With more than 80 per cent of the estimated number of titles to land in England and Wales now registered, there seems little point in inhibiting the rational development of the principles of property law by reference to a system which is rapidly disappearing, and in relation to which there is diminishing expertise among the legal profession.à ¢Ã¢â€š ¬Ã‚  The Object of Reform Thus three clear objects were established: There was a need to establish a coherent body of law with the principles of land registration clearly articulated in primary legislation. Unlike the existing body of law, secondary legislation should be employed only to provide for the detailed working of those principles; There was a need to conduct such reform with due regard for the existing working of the current law without causing undue disruption or expense while allowing the à ¢Ã¢â€š ¬Ã‹Å"newà ¢Ã¢â€š ¬Ã¢â€ž ¢ system to be sufficiently flexible to adapt to the requirements of electronic conveyancing; Regard should also be had to resource implications however desirable the move to an electronic system might be, the cost of doing so had to be realistic. IMPLEMENTATION The 2001 Report The Joint Working Group continued its work building on the foundations of the 1998 consultative document and culminating in the publication in 2001 of Land Registration for the Twenty-First Century A Conveyancing Revolution[3]. This contained a draft Bill and detailed commentary upon its provisions. Perhaps inevitably given the passage of time and further technological advance, this laid still greater emphasis upon the desirability of a shift to a paperless system (para.2.41): à ¢Ã¢â€š ¬Ã…“The move from a paper-based system of conveyancing to one that is entirely electronic is the most important single feature of the Bill.à ¢Ã¢â€š ¬Ã‚  It should be observed that by this stage the move to an electronic system had already begun to occur through subtle changes in subordinate legislation. It was possible to identify the Registry of the discharge of a registered charge by electronic means, applications to register dealings in registered l and could be lodged electronically. There was also the growing influence of the National Land Information Service which gave access on-line to a range of information about property such as local authority registers of land charges. Paper Based Conveyancing Practice In order fully to appreciate the scale of the reforms introduced by the 2002 Act it is necessary briefly to consider the operation of the previous system. The transfer of land was typically preceded by the exchange of contracts of sale. The Land Registry would not usually become involved at this stage: it was considered more effective for the buyer to protect his position by making a priority search under the Land Registration (Official Searches) Rules 1993 than by the entry of a notice or caution in the register. Transfers of legal estates were then made by deed with this subsequently being submitted to the Land Registry for registration. This system gives rise to a so-called à ¢Ã¢â€š ¬Ã…“registration gapà ¢Ã¢â €š ¬Ã‚ . Until registration, the transfer would only operate in equity. When a transfer was thus registered, it was deemed to be effective from the point at which the application for registration was deemed to have been delivered to the Registry. Complications arose where the Land Registry raised requisitions following the making of the application and issues such as cross easements and other ancillary rights required to be resolved. This could have the effect of delaying considerably the registration. The Anticipated Model Therefore, it was considered that the involvement of the Registry in the conveyancing process should begin considerably earlier (para.2.50): à ¢Ã¢â€š ¬Ã…“In many cases the disposition and, where title is already registered, its simultaneous registration will be the last stage of the conveyancing process. That means that all the conveyancing work must be completed by that date. One of the intended objectives of the new system is to identify errors and discrepancies at the earliest possible stage, and to resolve any difficulties as far as possible before registration.à ¢Ã¢â€š ¬Ã‚  At this stage of the consultation process, a number of factors were identified as critical to the success of the new system. First, the system would need to be secure: thus access should be restricted to appropriately licensed practitioners. Compulsory Use of Electronic Conveyancing Further, it was recognised at an early stage that for an electronic system to succeed, it may be necessary to consider introducing it on a compulsory basis in order to achieve comprehensive coverage. Thus it was proposed (para.2.59) that a disposition should only have effect if it was made by means of an electronic document, communicated in electronic form to the Registry and simultaneously registered: à ¢Ã¢â€š ¬Ã…“This is a power that will not be exercised lightly. When solicitors and licensed conveyances enter into network access agreements with the Regist ry, they will be required to conduct electronic conveyancing in accordance with network transaction rules. Those transaction rules are likely to provide that the dispositions and contracts to make dispositions are made in the manner explained [above]. In other words, those rules will ensure that dispositions are simultaneously registered, which is the single most important technical object of the Bill.à ¢Ã¢â€š ¬Ã‚  (Para.2.60) In the event, as will be seen below, while the 2002 Act confers power upon the Lord Chancellor to make use of the electronic system compulsory, this has not yet occurred. In the explanatory notes to the Act[4], it is stated: à ¢Ã¢â€š ¬Ã…“The use of this power will become feasible only when electronic conveyancing has become much the most usual way of effecting transactions.à ¢Ã¢â€š ¬Ã‚  It is submitted that this reluctance is regrettable. It has overtones of the reticence which dogged the 1925 legislation for so many decades thus inhibiting for far longer than its architects envisaged, the achievement of a comprehensive system of registration. THE NEW SYSTEM The 2002 Act The Bill passed through both Houses of Parliament with commendable rapidity receiving Royal Assent on 26 February 2002 and coming into force on 13 October 2003. It was greeted with political enthusiasm. At the time of the Royal Assent, Michael Wills, Parliamentary Secretary at the Lord Chancellorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department exclaimed: à ¢Ã¢â€š ¬Ã…“This piece of legislation marks an important step towards the fulfilment of the Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s commitment to develop a modern basis for land registration to make conveyancing faster and cheaper. Most importantly, it will make possible the development of an electronic conveyancing system, so that land and property transactions can be completed electronically. The Act will bring more information about rights over property onto the register. This will make the property transaction pr ocess more open, improving the efficiency of the property market.à ¢Ã¢â€š ¬Ã‚  The Scheme of the Act An Overview At the heart of the new Act lies s.91 which prescribes the formalities required for those documents in electronic form which are to be used for the dispositions specified by the rules. Such documents must make provision for the time and date that they are to take effect and must contain the certified electronic signatures of those by whom they are authenticated. A document which thus satisfies these conditions is to be regarded as being made in writing and signed and as a deed for the purpose of any enactment. The former attestation requirements do not apply in these circumstances and thus such an electronic document will satisfy the requirements of s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 and s.52 of the Law of Property Act 1925 in respect of a written contract and the deed required to give effect to the conveyance of a legal estate. Sectio n 93 follows the compulsion scheme discussed above and provides for dispositions only to have effect when made in the appropriate electronic form and communicated to the Registrar with simultaneous registration. Subsection 5 provides that à ¢Ã¢â€š ¬Ã…“before making rules under this section the Lord Chancellor must consult such persons as he considers appropriateà ¢Ã¢â€š ¬Ã‚ . Even disregarding the need for this process of consultation, it is therefore likely to be some time before this element of compulsion will come into effect. In order for this to happen, the electronic systems will have to be fully brought into effect (progress in this regard is considered below). However, the availability of even a non-compulsory system is likely to have a profound effect. Practitioners and clients alike are likely increasingly to favour the streamlined efficiency and security of the new system (especially given the pitfalls of the à ¢Ã¢â€š ¬Ã…“registration gapà ¢Ã¢â€š ¬Ã‚  discussed above and progress towards fully comprehensive registration is likely to be significantly enhanced. An interesting consequence of the way in which the compulsion requirement is framed is that in the event of transactions not being conducted electronically, they will have no effect. This stands in stark contrast to the present situation in which a paper transfer although it can have no legal effect until registered nonetheless gives rise to an equitable interest. Thus at present when registration is delayed, interests are created which are said to be à ¢Ã¢â€š ¬Ã…“off the registerà ¢Ã¢â€š ¬Ã‚ , a situation which in some instances can last for years to the considerable detriment of a potential purchaser. It remains to be seen with what degree of rigour the courts would be prepared to penalise those who have failed to fulfil the electronic conveyancing requirements. A comparison might be made with the introduction of the requirement of writing by the Statute of Frauds 1677 in respo nse to which equity developed the doctrine of part performance. MacKenzie and Phillips[5] opine: à ¢Ã¢â€š ¬Ã…“Overall these changes, when fully implemented, will be to the purchaserà ¢Ã¢â€š ¬Ã¢â€ž ¢s advantage and will mean that he can buy with greater reliance on the register. Inevitably, though, there will be circumstances in which the terms of s.93(2) will be thought to have a disproportionate effect or in which it will appear unconscionable for one party to rely on the other partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to observe the new requirementsà ¢Ã¢â€š ¬Ã‚ ¦Only time will tell whether the terms of s.93(2) will be strictly enforced by the courts, but some commentators are already expressing concern that they may be circumvented by the use of equitable principlesà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ . The New System in Practice A significant feature of the new system will be the responsibility of the Land Registry for managing chains of transactions. Where a practitioner is instru cted in respect of a conveyance and there is likely to be a chain of transactions, the practitioner will be required to notify a Registry à ¢Ã¢â€š ¬Ã…“chain managerà ¢Ã¢â€š ¬Ã‚  of that fact and keep him informed of completion of the various stages in the conveyancing process. The manager will track such progress by way of completion of a à ¢Ã¢â€š ¬Ã‹Å"chain matrixà ¢Ã¢â€š ¬Ã¢â€ž ¢ which includes such stages as: Contract Issued; Searches Requested; Enquiries Raised; Searches In; Enquiries Completed; Contract Approved; Mortgage Offer and Contract Exchanged. The centralisation of this monitoring process represents a significant improvement upon the previous situation in which the knowledge of the degree of advancement of each of the elements of the chain is divided between a multiplicity of solicitors and estate agents. The contract is in electronic form and signed electronically. Similarly, the draft transfer and mortgage are electronic. Contracts and transfers are to be submi tted to the Registrar for approval. This carries the further advantage as anticipated by the Law Commission of allowing the early involvement of the Registry in order that potential pitfalls may be identified and eradicated. It is to be anticipated that legal practitioners will welcome this reinforcement of their own scrutiny and, it is to be hoped, will result in a reduction of the number and frequency of professional negligence claims arising from mistakes in the conveyancing process. Particulars in the contract and draft transfer will be checked electronically to ensure consistency. Completion will now take place by means of the concurrent occurrence of the following events: Execution of the transfer and any charges in electronic form which are then transmitted to the Registry for storage; Registration of the dispositions so that the register conforms with the notional register previously agreed with the Registry; The appropriate movement of funds together with payment of any necessary Stamp Duty and Registry fees. Comparison with Paper Based Conveyancing Thus it will be observed that the electronic procedure is considerably streamlined and more efficient. Traditional methods for the marketing of property will be largely unchanged but, in common with the desire to make greater use of the new media, it is probable that there will be more use of on-line marketing. After the making and acceptance of an offer and the instruction of conveyancers, whereas full control would have previously continued at that stage to reside with practitioners, the Registry becomes involved and, where appropriate, a chain matrix is formed. Searches can now be conducted speedily by the use of electronic resources such as the National Land Information Service. It is then probable that the cumbersome process of pre-contract enquiries can be speeded by reliance upon e-mail. The next great advantage for the parties is that whereas previously the various practitioners involved would have had to enter into sometimes comp lex negotiations to achieve an appropriate timetable for exchange and completion involving numerous separate but linked transactions, this is now co-ordinated centrally by the chain manager who has general oversight and can act as a single point of contact. The exchange of contracts would then have taken place by means of a series of telephone conversations between practitioners; this is now dealt with electronically and overseen by the Registry which generates a draft register containing the proposed new title entries in readiness for completion. The need for requisitions of title at this stage is obviated. Similarly, there is no need for the previous final Land Registry Search since title is at this point frozen protecting the contract. The need for final signatures on the transfers is similarly redundant since this has been dealt with electronically. Completion may then occur in the manner described above: there is no need for the physical passing over of transfers and deeds, the Land Registry completes the process by converting the draft details into formal entries on the register. There would then have followed application for registration with the attendant pitfalls described above but this is no longer necessary since the register and thus the record of title has been instantly updated upon completion and the register is immediately accurate and safely available for inspection. The parties do not have to wait for the issue of a title document and anyone searching the register is able to do so with confidence that it is a current and accurate mirror of title. There will of course remain (a diminishing) number of instances of first registration. Once again, however, this can now be dealt with electronically without susceptibility to the à ¢Ã¢â€š ¬Ã…“registration gapà ¢Ã¢â€š ¬Ã‚ . The only distinction is that in such instances, the deeds will still have to be delivered to the Registry to enable it to approve the newly registered title. LAND REGISTR Y PRACTICE Detailed Implementation of the System An à ¢Ã¢â€š ¬Ã…“early yet definitiveà ¢Ã¢â€š ¬Ã‚  statement of the services that are required to bring the e-conveyancing vision to fruition is contained in the Land Registry publication, Defining the service e-conveyancing[6]. It is envisaged that the e-conveyancing service will comprise three distinct but liked areas of service delivery: A central e-conveyancing service created and maintained by the Land Registry with appropriate IT support; An electronic funds transfer service; A à ¢Ã¢â€š ¬Ã…“channel accessà ¢Ã¢â€š ¬Ã‚  service which would allow users to access the facilities required for e-conveyancing. The first of these elements will require compatibility with existing electronic case management services in use by practitioners. It will be necessary to provide for the accurate and unique identification of individual transactions. In the case of land which is already registered this will of course be based upon the existing system of title numbering. Appropriately licensed users will then have to be able to access the various transaction details including importantly the relevant chain matrix. As with so many other aspects of the new system, this gives rise to considerations of security. Users will have to have the ability to generate electronic contracts either by means of their own resources or access to a central facility supplied by the Registry. Once generated, the contract will have to be capable of transmission both between users and the Registry and there will have to be facilities for amendment prior to exchange. This creates a potential tension because while access to a nd the ability to amend contracts must be freely available, it should be remembered that such information will not at that stage be in the public domain. The Registry will have to develop a means of validating the data supplied to it as required and it is anticipated that there will be two à ¢Ã¢â€š ¬Ã…“front endà ¢Ã¢â€š ¬Ã‚  validation functions: first, confirmation that the mandatory data required in the various e-documents has been supplied and is correct by reference to the information already held in respect of the particular title; second, that all registration matters that require resolution before or upon completion such as consents to and the withdrawal of restrictions have been identified and appropriately attended to. If the system is to function as envisaged, there will have to be robust systems in place in order that such missing or incorrect data is located and rectified and where there is for some other reason a failure of validation, appropriate action is taken. The system will have to be sufficiently flexible to deal with the vagaries of conveyancing practice. For example, where a party wishes to withdraw from a transaction, this must be capable of instant communication and action. It is suggested that in addition to the chain matrix discussed above, the Registry will maintain a à ¢Ã¢â€š ¬Ã…“completion matrixà ¢Ã¢â€š ¬Ã‚  in order to tack all stages from exchange to completion. Electronic Funds Transfer For anyone who has witnessed the febrile atmosphere of a busy solicitorà ¢Ã¢â€š ¬Ã¢â€ž ¢s conveyancing department when completions are taking place, the proposals in respect of electronic funds transfer are to be particularly welcomed. It is true that the vast majority of transfers of funds are currently conducted by telegraphic transfer but this is usually between lenders, solicitors and the ultimate recipients. This means that considerable uncertainty is generated and anxiety suffered when banks are tardy or otherwise delayed in acting upon instructions to transfer funds and many purchasers suffer at best delay in gaining access to the purchased property and at worst completions which have to take place on days later than agreed. The Land Registry proposes the establishment of a centralised funds transfer service which would be independent of the e-conveyancing service and the functions of the Registry itself while supporting the operation of both. It is suggested that all transactions in a conveyancing chain that are deemed to be mutually dependant must be processed simultaneously with each other and with the exchange of contracts or completion as appropriate. In order for this to be an effective improvement, it will have to be possible to guarantee that all related transactions occur simultaneously. This is perhaps one of the à ¢Ã¢â€š ¬Ã…“tallest ordersà ¢Ã¢â€š ¬Ã‚  confronting implementation of the new system. There will have to be absolute certainty in the system of payment/settlement and such t ransactions will have, of necessity to be irrevocable. The Defining the Service publication anticipates the challenges that this will pose. There will have to be sufficient capacity for the system to cope with peak times of demand and highly reliable systems back-up in order to avoid the chaos that would surely ensue were there to be a hardware or software failure. Similarly, there will have to be close liaison with the e-conveyancing service in order to ensure the validity of the transactions and to bring about the benefits which instantaneous updating of the register are deemed to confer. Security considerations will be even more paramount than in the case of access to data relating to conveyancing transactions in view of the anticipated high value of the total funds subject to transfer. It is therefore not surprising that a degree of self-doubt and external scepticism may be introduced to the anticipated functioning of the electronic system. The track record of other government d epartments such as the Child Support Agency in terms of IT performance and reliability is hardly unblemished! There are some difficult balances to be struck, for example it is said (para.5.1.1.4) that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Access must not be irksome or onerous, but equally security must not be compromised. Security must not be cumbersome and should not reduce usability and scalability.à ¢Ã¢â€š ¬Ã‚  Similarly, if there is to be confidence in the system there will have to be absolute integrity of data and the ability implicitly to rely upon the same as authentic. Finally, specific concerns have been raised about the reliability of a system which is dependant upon electronic signatures. Such a technique is unavoidable if the aim of simultaneous streamlined transactions is to be achieved but there is inevitably the risk of the potential misuse of such signatures by third parties. The use of such signatures has become commonplace in other spheres of commercial activity for example the completion of contracts of employment but it is difficult to envisage any comparable activity in which the implications of misuse are potentially so great. Quite apart from the consequences to an individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s holding of property in the event of fraud, the potentially vast sums of money which will be transferred as part of the electronic conveyancing process render the price of failure into a different order of magnitude. One safeguard would be to hold a solicitor or conveyancing practitioner liable in the event of misuse of his electronic signature. This is a logical step but one which then imposes great burdens upon the practitioner in terms of maintaining the security and integrity of his own systems. While welcoming the ease with which conveyancing could be conducted electronically, the downside risk of failure to ensure office and IT security is likely to prove something of a disincentive. CONCLUSION A Conveyancing Revolution? There ca n be no doubting the good intentions which underlie the reforms contained in the Land Registration Act 2002. They are a par with the spirit that motivated the classic reforms of 1925 and are directed toward substantially the same end, namely the creation of a system of transfer and interrogation of title that is comprehensive and reliable and so far as can be possibly achieved a situation in which a centralised land register is a perfect mirror of title. However, just as the 1925 Acts have been beset with unforeseen problems and the development of full registration is even after all these decades far from complete, it is possible to identify a gap between the aspirations of the Act and the ability of an e-conveyancing system to function as intended in practice. There are two notable areas of concern. The first lies in the fact that the use of electronic conveyancing will not initially (and possibly not in the foreseeable future) be compulsory. This risks the emergence of a twin trac k system comparable to that which continues to beset the present register by virtue of the continued existence of unregistered land. It is to be hoped that this would naturally diminish by degrees but this cannot be guaranteed without further government intervention. The second remains the very practical concerns of the ability of the Land Registry and any independent bodies which may be set up to complement its activities to deliver a service of the quality and reliability that is aspired to. However, in conclusion it is submitted that this may be an unduly defeatist line of argument. The emergence of new technology demands an improved system for the twenty first century that exploits such advances and it would be churlish to allow concerns over practicality and the inherent conservatism of some practitioners to stand in the way of such progress. Bibliography Abbey, R. Richards, M., A Practical Approach to Conveyancing, (7th Ed., 2005) Land Registration Act 2002 Land R egistration Act 2002 Explanatory Notes, www.opsi.gov.uk/ACTS/en2002/2002en09.htm Land Registry, Defining the service e-conveyancing, (Updated 27 February 2004) Law Commission, Land Registration for the Twenty First Century, (Law Com No.254, 1998) Law Commission, Land Registration for the Twenty-First Century A Conveyancing Revolution, (Law Com No.271, 2001) MacKenzie, J-A Phillips, M., Textbook on Land Law, (10th Ed., 2004) Smith, R., Property Law, (5th Ed., 2006) www.opsi.gov.uk www.landregistry.gov.uk/e-conveyancing/publications 1 Footnotes [1] Law Com No.254, 1998 [2] Abbey, R. Richards, M., A Practical Approach to Conveyancing, (7th Ed., 2005), p.24 [3] Law Com No.271, 2001 [4] www.opsi.gov.uk/ACTS/en2002/2002en09.htm [5] MacKenzie, J-A Phillips, M., Textbook on Land Law, (10th Ed., 2004), p.111 [6] Updated 27 February 2004

Essay on Task 4 - 804 Words

Task 4 Sarah Phillips Willow Bend Hospital’s compliance does indeed have multiple deficiencies and is in need of review as many were updated in 2009 and 2010. All information on deficiencies would be found on the latest updated version of the Joint Commission Information Standards. This should be located within the Corporate Compliance/Risk Manager’s office. As this information is not currently available to this writer without a subscription and fee, I must use the information available to me. So expansion and explanation of policy details are limited. In 2010, the policy addressing terminology and abbreviations was integrated into the Information Management standards as elements of performance 2 and 3 under IM.02.02.0 by†¦show more content†¦The Corporate Compliance/Risk Manager should also collaborate with department directors, Administration, and legal counsel to make sure appropriate actions for violations is upheld. Risk Management should also maintain HIPAA specific documentation a minimum of six years or as Joint Commission deems. Department Directors should plan for employee education and training regarding privacy and confidentiality in cooperation with Staff Development. The directors should also monitor for compliance within their departments. The Staff Development department should be in charge of coordinating orientation, annual reviews, and periodic education and training. The Medical Records Director should develop an audit process to monitor compliance. Knowledge-based information policy is found in Standard IM.03.01.01. Access of availability should be all the time, 24 hours a day, and 7 days a week. The HIM Manager should maintain information on knowledge-based information and the IT department should maintain electronic access. An outside business can dispose of protected health information by purging or destroying electronic media. 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Policing Is Made Up From Many Different People And...

Policing is made up from many different people and organizations. Each state has their own state police department. Policing is more than just police officers out controlling the streets it deals with a lot of behind the scene stuff such as the FBI, Detectives, DEA, Department of Homeland Security, and Federal Air Marshals to name a few. Without policing in today’s society everything would be crazy, laws would not be enforced and all the different types of crime would be at an all-time high. People depend on police officers to protect their lives and property from any kind of vandalism. Law enforcement officers, which include state or federal special agents help perform these duties in a variety of ways depending on the size and type of†¦show more content†¦Today there is a growing amount of police officers that are out there in a variety of ranks but it is the municipal and private sectors that are becoming more visible in the criminal justice field. The FBI is hug e when it comes to policing and what all happens when the FBI deals with a crime scene. â€Å"The FBI is an intelligence-driven and threat-focused national security organization with both intelligence and law enforcement duties. It is the principal investigative arm of the U.S. Department of Justice and a full member of the U.S. Intelligence Community† (FBI, 2016). Since the FBI is so big they cannot focus on their investigations all the same way, they have to break them up and go about each one different. â€Å"The FBI has divided its investigations into a number of different programs, such as domestic and international terrorism, cybercrime, public corruption, civil rights, foreign counterintelligence, organized crime/drugs, white-collar crime, violent crimes and major offenders, and applicant matters† (FBI, 2016). The FBI’s investigative views put importance on close relations and information sharing with other federal, state, local, and international law enf orcement and intelligence agencies. The Drug Enforcement Administration also known as the DEA is responsible for the preventing of drug trafficking within the United States. They work hand in hand with the police to keep

Life Action Plan Essay - 716 Words

Life Action Plan Directions: Identify an area that you feel needs to be improved. Consider selecting an area that will provide the greatest opportunity for growth or an area that can make the biggest impact on your success. Complete the worksheet with information to address the area you have selected. Note: Please remember there are 2 pages to this document. My life role – Identify your life plan role (this may be you as a student or professional). To become a teacher in the K-3 grades working in Special Education. My long-term goals in this role – Identify one outcome you plan to achieve within the next 2 to 10 years in this role. 1. Finish my Bachelor’s Degree in Elementary Education/Special Education. 2. To work with†¦show more content†¦Also for my own satisfaction that I can do this and do it well. Describe obstacles and mountains to climb to reach this goal. 1. Taking some classes that are harder than others. 2. Making time to study consistently. 3. Having family, friends or events get in the way of finishing my studies every day. Describe skills or knowledge required to reach the goal. 1. I need to read and understand what I am reading. 2. I need to spend the 2+ hours every day reading and studying. 3. Make my study time count by accomplishing the studying and not get distracted. 4. Being able to reach out for help when needed. 5. Staying focused on school and on the end reward of doing all the work. Identify groups, individuals, companies, and organizations that can help you reach this goal. 1. My best friend is an elementary special education teacher and I can talk to her about my studies and she is very helpful. 2. There are several school teachers in my Sunday school class that have offered to talk to me about being a teacher. 3. My sister-in-law is a child psychiatrist who tests and works with special education children and is a good person to talk to about the ins and outs of working in special education. Plan of action to reach this goal (What specific steps will you take to accomplish this – these should be chronological steps (e.g., A, B, C, etc) 1. I need to stay focused and set my time to study and then do it. 2. IShow MoreRelatedThe Importance of Endangered Species in Our World1649 Words   |  7 Pagesincrease or decrease in the population over time, breeding success rates, known threats, and so on. Internationally, 199 countries have signed an accord agreeing to create  Biodiversity Action Plans  to protect endangered and other threatened species. In the  United States  this plan is usually called a species  Recovery Plan. Before anthropogenic global warming species were subjected mainly to regional pressures, such as overhunting and habitat destruction. With the acceleration of anthropogenic global warmingRead MoreThe Scottish Wildlife Trust Manages A Network Of 120 Wildlife Reserves Across Scotland1493 Words   |  6 Pagesavailable for visitors to use. 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The Human Rights Act 1998 Free Essays

Abstract This essay will outline the main attributes of the Human Rights Act 1998 and seek to argue that it does not go far enough to protect an individual’s rights. It will explain the difference between the procedural and substantive protection on offer to an individual and will show that whilst on a procedural level the rights appear to be protected, this is in fact not the case. The diversity of academic commentary on this topic will be explained to further enhance the essay’s argument that more is required in order to adequately protect an individual’s rights. We will write a custom essay sample on The Human Rights Act 1998 or any similar topic only for you Order Now Introduction The majority of the Human Rights Act 1998 (HRA) came into force in the UK on 2 October 2000 and enabled individuals to rely upon their European Convention on Human Courts (ECHR) rights in the domestic courts. There is a clear divide amongst the academics as to whether the Act has gone far enough to protect the rights of individuals in the UK. Whilst there is no denying that the HRA has afforded British residents the opportunity to use their rights in the courts, whether this amounts to a true protection of their rights will now be debated. The Human Rights Act 1998 One of the main attractions of the HRA is that it allows individuals to pursue remedies against public organisations/bodies in the domestic courts as opposed to going to Strasbourg (Section 6, HRA). Before the HRA, if an individual alleged that one of their Convention rights had been breached, then the only course of action available to them was to go to the European Court of Human Rights in Strasbourg. The HRA makes it illegal for any public body or organisation to breach an individual’s Convention rights (Section 6, HRA). Additionally, judges are now required to consider â€Å"So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.† (Section 3(1), HRA). If this is not possible, then judges are under a duty to issue a declaration of incompatibility (Sections 4 and 10, HRA). It is important to note the limitation of their powers and they are no power to stri ke down the primary legislation, despite its incompatibility. One of the reasons for this is constitutionally, which is to maintain Parliament’s sovereign nature. This is one of the key criticisms facing the HRA as arguably it affords little protection to individuals whose rights are being violated due to a piece of legislation being incompatible with their ECHR rights. However, the statistics show that out of 28 cases where a declaration of incompatibility was issued, only case remains open for remedy (Ministry of Justice, 2012). This one exception is the controversial case of Chester v Secretary of State for Justice [2010] EWCA Civ 1439 which involves the right of prisoners to vote in elections. It has become something of a political football, but arguably the statistic alone shows that Parliament has taken the issue of incompatibility seriously as remedies have been provided in the other 27 cases. The other remedy available is the award of damages under section 8(1) of HRA. Rights Protected by HRA One of the over-arching principles of the HRA is that public bodies treat individuals equally and with respect. The Act allows the rights under the ECHR to be given effect into UK law and ensures individuals enjoy rights such as right to life (Article 2), the right not to be tortured (Article 3) and the right to a private and family life (Article 8). However, these rights have been used in various areas of law by lawyers such as planning applications (Coster v UK [2001] 33 EHRR 20). Whilst this appears to be positive protection of individual rights, there are numerous examples of breaches of the Convention rights since the introduction of the HRA. One such instance is the right to privacy being curtailed through the Regulation of Investigatory Powers Act 2000 which has permitted government at the local level to carry out covert surveillance. Although on the other side of the argument, it can be shown that the introduction of HRA has allowed individuals to successfully pursue claims of invasion of privacy, not permitted before the HRA. These include Max Mosley and Naomi Campbell (Max Mosley v News Group Newspapers Limited [2008] EWHCC 177 and Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22). Academic Commentary Academics are divided in their opinions regarding the effect of the HRA on the protection of individual rights. On the one hand, some academics perceive the introduction of the HRA to be a positive development in human rights in creating an expectation of privacy (Fenwick, 2013), whilst others would disagrees with this contention and point to other areas of law where rights are being violated. One such example is Article 6 right to a fair trial, where Hoyano argues that the increased use of hearsay and bad character evidence are ensuring that individuals struggle to obtain fair trials in the UK (Hoyano, 2014). Furthermore, it has been suggested that, â€Å"The Act is widely blamed for administrative and judicial decisions that have been caricatured as privileging the rights of criminals and terrorists.† (Wadham, et al., 2011, p 14). Overall, the Act has been controversial and reforms are most likely in the future. Conclusion To conclude, the HRA requires all courts and tribunals in the UK to interpret legislation in accordance with the Convention rights which primarily ensures a borderline protection of rights on a procedural level. Furthermore, section 6(1) of HRA makes it unlawful for a public body to act in a way to contravene Convention rights and therefore all public duties are now under a duty to act in accordance with an individual’s Convention rights. However, a declaration of incompatibility can be sought and such a remedy is a first in the UK. Individuals still have the right to pursue their claim in Strasbourg and the European Court of Human Rights remains the final point of appeal in allegations of breach of human rights. In this respect, it can be argued that an individual’s rights are protected in a procedural sense as they can now pursue remedies in the domestic courts which is a far easier and cheaper solution. However, on a substantive level, there are criticisms that the A ct does not far enough and instead human rights are curtailed. The presence of such violations ensure that the Act does not adequately protect rights, although arguably it is a significant step in the right direction. Bibliography Articles Fenwick, D Fenwick, H 2013 ‘The Changing face of protection for individual privacy against the press: Leveson, the Royal Charter and tort liability,’ International Review of Law, Computers Technology, vol 27, no 3, 1 November 2013, pp. 241-279. Hoyano, L. 2014 ‘What is balanced on the scales of justiceIn search of the essence of the right to a fair trial’ Criminal Law Review vol 1, pp. 4-29. Books Wadham, J., Mountfield, H., Prochaska, E., Brown, C., 2011. Blackstone’s Guide to the Human Rights Act 1998. 6th ed. Oxford: OUP Cases Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22 Coster v UK [2001] 33 EHRR 20 Chester v Secretary of State for Justice [2010] EWCA Civ 1439 Max Mosley v News Group Newspapers Limited [2008] EWHCC 177 Legislation Human Rights Act 1998 Regulation of Investigatory Powers Act 2000 Reports Ministry of Justice, 2012. Responding to Human Rights Judgments: Report to the Joint Committee on Human Rights on the Government response to human rights judgments 2011-12 [pdf] London: Ministry of Justice. Available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/217308/responding-human-rights-judgments.pdf [Accessed 3 February 2014] How to cite The Human Rights Act 1998, Essay examples

Changes Alcohol Behavior Among Adolescents â€Myassignmenthelp.Com

Question: Discuss About The Changes Alcohol Behavior Among Adolescents? Answer: Introduction This evaluation plan discusses the impact evaluation for Alcohol culture Change program, an VicHealths program dedicated to change or project a proper drinking culture among the youth. This promotional program focuses on normal drinking values and culture and it aims to decrease the array of acceptance of drunkenness among youth. This project is a joint venture of the Vichealth and the state government of Victoria (Vichealth.vic.gov.au 2017). Background Drinking culture is known as the practices or customs one civilization has acquired with time. There are different attitudes regarding drinking alcohols or alcoholic beverages around the world and those attitudes varies as well. Australians use alcohol widely to celebrate happiness events and according to government reports they spend around $14.1 billion on alcohol yearly (abs.gov.au 2017). The major influences behind alcohol consumption are peer pressure, family, social occasion or to express the social status and marketing. However, this open acceptance of alcohol damages the society as well. Excessive alcohol consumption carries some negative effects on the society that includes drunken driving accidents, increasing crimes in which youth is accused, domestic as well as public violence, health degradation of alcohol addicts, damaged social connection and so on. According to (abs.gov.au 2017), alcohol overdose is the reason of every one in eight deaths of under 25 aged people in Au stralia. To change this scenario, VicHealth announced alcohol culture change program supported by the state government ofVictoria. The purpose of this program is to protect those who get affected due to the alcohol culture. The norms about alcohol consumption is vague in Australia, hence, it is important to account the social, environmental and economic factors of alcohol in those subpopulation as well. The framework of this program targets to change the habits of alcohol consumption (Kubacki et al. 2015). Prime strategy of this program to change the alcohol culture is by arranging alcohol free events. Major events like race days, school/college partiesand festivals can be arranged without serving alcohol. Other key strategies include: Educate the society about alcohol consumption with pros and cons. this will help to provide a targeted and improved idea of its misuse. Furthermore, it will help to tackle crime and other anti-social activities by educating the youth about alcohols adverse effects (Riekert, Ockene and Pbert 2013). Convincing the alcohol industries to take part in the culture change initiative so that their customers can understand the alcohol related harms and take active part to change such culture (De Bono, Heling and Borg 2014). Past research evidences (Literature review) According to a Meng et al. (2014), the strategy used to influence change in the drinking culture of England was educating society about overuse of alcohol. This education was provided in schools and colleges to influence the younger generation to take part in this promotional drive. Even the workplace, market and other public place was equipped with advertisements and pamphlets to educate the citizens about the limits, and overdose effects of alcohol. The alcohol companies were advised to sell their product with a message to encourage sensible drinking. According to Smith (2015), New Zealand government used a set of strategies to overcome the drinking culture harms. These strategies involved social campaigns, change in driving norms and criminal laws, social media pages to force the people change the habit of getting drunk. The government also considered taxation reforms regarding alcohol consumption and carried out promotional campaigns in every public place to let people understand the adverse effects of alcohol overdose in society. Evaluation Strategy The prime aim of this assignment is to carry out the evaluation of the impact of alcohol culture change in Australia. The objective of this evaluation is to understand: What was the reaction of people who use alcohol to socialite? What was the prime changes in the society? What was the rate of crimes or accidents after implementation of this program? What was the benefits or adverse effects of this program on the health of alcohol consumers? These questions will help to find out the effects of the program on society. The VicHealth organization and the State government of Victoria are spending a huge sum of amount to conduct this program. A huge section of public taxes has been used to implement the strategies. Hence, it is important to find out the reaction of public to understand role in this cultural change initiative. Role of community and individual is important for this change, as government cannot force people to stop drinking without changing drinking norms. Therefore, it is important to register the changes in the society. Increased rates of drunken drive accidents and criminal activities was one of the prime reasons this cultural change program was implemented. Hence, to understand the impact of this program it is important to record the rates of accidents and criminal activities after the commencement of alcohol culture change. Addiction to alcohol made maximum number of citizen reluctant about their health, leading to deteriorated health conditions. Even the adolescent age group become addicted to alcohol, indicating towards an unhealthy society. Therefore, during evaluation of the impact of this program it is important to record the hospital admissions due to alcohol overdose after implementation of the strategies mentioned. The prime goal of this impact evaluation is to understand the intended or unintended effects due to the changes in alcohol culture in Australian society. Design of evaluation The chosen evaluation design for assessment will be Quasi Experimental Design (QED). In this type of experimental design, user can study the effects or impacts of the applied intervention on the target population. The prime difference between the randomized control trial and QED is the later does not have random assignment to trials or controls. Hence, it let the user to study the effect on the entire population for a stretch of time. In a similar experimental design, Verho et al. (2012) had used QED to evaluate the impact of alcohol Addiction on younger generation. The participants of this program were interviewed thrice during the intervention process. First interview took place at the beginning of the program, which was denoted as T0 of the impact evaluation. The interview lasted for 90 minutes. Second interview took place after 6 months during the intervention and lasted for 45 minutes. Third interview was carried out after the completion of the intervention and all the data were recorded and analyzed based on Addiction Survey Index (ASI), social interaction, psychological tests and so on. In another experimental design used byArsenaeault et al. (2015), surveys as well as personal interviews were used as tools to estimate the total impact of drug prohibition program on the youth of UK. Rationale for QED The advantages or strengths of the QED over other evaluation programs are the prime reason behind selection of this experimental design. The advantages are as follows: This process reduces the difficulties and moralconcerns,which surrounds the random selection of the test subject. Instead, it includes all the participants in surveys or interviews (Cook 2015). It reduces the time required to carry out random assignment and pre-screening, hence it is feasible to use the design for health programs that includes thousands of people (Campbell and Stanley 2015). It is easy to identify the trends through the implemented surveys and interviews instead of other time consuming experimental designs (Furtak et al. 2012). However,there are few weaknesses of this approach. It limits the array of the search strategy. During the examination of impact of alcohol culture change program on the people addicted to it, different factors need to be taken into account. These are education, social influence, effects on health and so on. These pre-existing factors are not taken into account in the case of quasi-experimental design (Kontopantelis et al. 2015). Human error is one of the prime disadvantages of this approach. People generally avoid the idea of surveys and interviews as according to them it is time consuming and cannot change the view of others (Larsson et al. 2014). Surveys has their own limitation as answers of questions can be contradictory and users can interpret different questions differently. Data errors are other disadvantage of surveys in QED as non-responded questions may create biasness (Moser and Kalton 2017). Data Collection As per the QED norms, the data need to be collected thrice, before commencement of the process, in between the process, and after completion of the process (Corcoran 2013). According to the VicHealth alcohol Culture change program, the place where the evaluation will take place is Victoria. Five groups containing 10 people will be send to every promotional camps and public /private places where awareness of this program has need carried out. The role of the team will be conducting surveys and interviews in those areas to understand the trends and local mindset. Data collection will be done from those people who are willing to change their habits of alcohol consumption after the awareness programs. Each promotional campaign is proposed to enroll 25 individuals to take part in the program. The data will be collected from promotional camps, official websites, social networking sites and organizations office. All the partner institutions will also carry out the same process as per their convenience. The first survey and interview will be carried out before commencement of the program. Participants will be asked a set of questions which will include: Why they want to change their habit of consuming excess amount of alcohol? What made them think that consuming excess amount of alcohol will affect their health adversely? Why do they think that alcohol culture change will be beneficial for society? Why do they believe alcohol culture change will reduce the amount of crimes and accidents happening in society? Another round of data collection will be carried out after 6 months of the commencement of the program. This session will also have surveys and interviews of the participants. However, the set of questions will be different from the previous one. The questions will be: What are the feelings of participants after reducing the amount of alcohol? Are they able to withstand the aftereffects of alcohol addiction? Are they able to spot the changes in their behavior and in society as well? Third round of interview and survey will be carried out after the completion of the program. They will be asked a set of questions including: How the alcohol culture change program changed their personality? How they will be able to change the alcohol culture in the society in future? What are their feedback about the culture change program carried out by VicHealth organization? Timeline and Budget Factors process Jan-Mar Apr-June July-Sept. Oct-Dec Vision, planning and task handover Survey question preparation and the pretest Survey and personal interview for the first session (before commencement ) Data collection and interpretation The following table describes the timeline of the process Budget is an importnt factor to carry out such a huge health promotional program. The following table describes the budget and from where they will be collected. Category Year 1 Year 2 Year3 Total Personnel General physicians trainers nurses skill trainers paid volunteers 30,000 15,000 12,000 10,000 10,000 30,000 15,000 12,000 10,000 10,000 30,000 15,000 12,000 10,000 10,000 90,000 45,000 36,000 30,000 30,000 231,000 Non-personnel Medicines Printing posters and labels, Printing brochures skill development kit Website - establish and maintain 5000 6,000 5000 6000 5000 4000 7000 5000 3000 18,000 16,000 12,000 46,000 Total Requested 278,000 Donated/In kind Office space for personal counselling Telephonic interviews Brochures Medicines 12,500 5000 7000 2000 12,500 5000 7000 3000 12,500 5000 7000 5000 37,500 15000 21,000 10,000 83,500 Conclusion In spite of living in a post-modern world, Addiction has been evolved as the biggest enemy of the humankind. The broad acceptance of alcohol consumption has forced and influenced people to consume excess amount of alcohol that leads people to commit crimes. The VicHealths program to change the alcohol culture was proposed to change this acceptance in the society which destroys the society itself. This assignment points out the strategies of the program. The prime aim of this assignment was to carry out the impact evaluation of the program by different approaches. QED was carried out to evaluate the impact. The timeline strategies and budget factors were also included. References abs.gov.au 2017.4364.0.55.001 - National Health Survey: First Results, 2014-15. [online] Abs.gov.au. Available at: https://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4364.0.55.001~2014-15~Main%20Features~Alcohol%20consumption~25 [Accessed 21 Sep. 2017]. Arseneault, C., Alain, M., Plourde, C., Ferland, F., Blanchette-Martin, N., Rousseau, M. 2015. Impact Evaluation of an Addiction Intervention Program in a Quebec Prison.Substance Abuse: Research and Treatment,9, 4757. Campbell, D.T. and Stanley, J.C., 2015.Experimental and quasi-experimental designs for research. Ravenio Books. Cook, T.D., 2015. Quasi?experimental design.Wiley Encyclopedia of Management. Corcoran, N. ed., 2013.Communicating health: strategies for health promotion. Sage. De Bono, S., Heling, G. and Borg, M.A., 2014. Organizational culture and its implications for infection prevention and control in healthcare institutions.Journal of Hospital Infection,86(1), pp.1-6. Furtak, E.M., Seidel, T., Iverson, H. and Briggs, D.C., 2012. Experimental and quasi-experimental studies of inquiry-based science teaching: A meta-analysis.Review of educational research,82(3), pp.300-329. Kontopantelis, E., Doran, T., Springate, D.A., Buchan, I. and Reeves, D., 2015. Regression based quasi-experimental approach when randomisation is not an option: interrupted time series analysis.bmj,350, p.h2750. Kubacki, K., Rundle-Thiele, S., Pang, B. and Buyucek, N., 2015. Minimizing alcohol harm: A systematic social marketing review (20002014).Journal of Business Research,68(10), pp.2214-2222. Larsson, H., Sariaslan, A., Lngstrm, N., D'onofrio, B. and Lichtenstein, P., 2014. Family income in early childhood and subsequent attention deficit/hyperactivity disorder: a quasi?experimental study.Journal of Child Psychology and Psychiatry,55(5), pp.428-435. Meng, Y., Holmes, J., Hill?McManus, D., Brennan, A. and Meier, P.S., 2014. Trend analysis and modelling of gender?specific age, period and birth cohort effects on alcohol abstention and consumption level for drinkers in Great Britain using the General Lifestyle Survey 19842009.Addiction,109(2), pp.206-215. Moser, C.A. and Kalton, G., 2017.Survey methods in social investigation. Routledge. Riekert, K.A., Ockene, J.K. and Pbert, L. eds., 2013.The handbook of health behavior change. Springer Publishing Company. Smith, L.A., 2015. Oh they drink here harder I think: young people and alcohol consumption at three New Zealand secondary school formals.Journal of Youth Studies,18(1), pp.118-132. Verho, A., Laatikainen, T., Vartiainen, E., Puska, P. 2012. Changes in Alcohol Behaviour among Adolescents in North-West Russia between 1995 and 2004.Journal of Environmental and Public Health,2012, 736249. Vichealth.vic.gov.au (2017).Alcohol Culture Change Initiative 20162019. [online] Vichealth.vic.gov.au. Available at: https://www.vichealth.vic.gov.au/programs-and-projects/alcohol-culture-change-initiative [Accessed 21 Sep. 2017].

The human relations theory free essay sample

Human relations approach is one of the neo-classical theory. This theory was developed around 1920 and emerged out of the human relations movement. This movement laid greater on the man managing the machines and stressed the importance of individual as well as the group relationship. The theory emphasises the role of psychology and sociology in the understanding of individual as well as group behaviour in an organisation. Thus, what was advocated, was the relevance of the human values in an organisation. It were Elton Mayo and his associates who conducted studies in the Hawthrone Works of Western Electric Company, Chicago, U. S A. between 1927 and 1932. The study covered more than 20,000 workers. These studies can be divided into four stages. By these studies, the researchers discovered many areas of the application of human relations approach. The researchers general conclusion was that non-logical behaviour or sentiments among workers must be considered along with economic and other logical factors as influencing the work group. We will write a custom essay sample on The human relations theory or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This approach was advocated by them because of the following reasons : (1) Employees in any organisation get satisfaction not by economic incentives but by the satisfaction of many other social and psychological wants, feelings desires and so on. (2) The business organisation itself is a social system or at least part of it. (3) In an organisation, it is ultimately cooperative attitude and not the mere command which yields results. (4) Management must aim at developing social and leadership skills in addition to technical skills. (5) In an organisation, morale and productivity go hand in hand. The approach was instrumental in effecting a new image of man and the work place. After these studies, it was widely accepted that the organisation is a social system and the human factor is the most important element within it. More emphasis was placed on inter personal relations, leadership skills, human motivation etc. The approach evidenced that an organisation is not merely a formal arrangement of men and functions ; more than that it is a social system. The most serious criticism related to the research methodology employed. The theory is based upon small samples of human beings. Further, it lacks scientific validity and exhibits mysticism.