Court News Essay Example for Free

Court News Essay Editorial Despite our report of the 30th November regarding her majesty’s speech to the House of Commons in which she stated she would act only for the good of her people, it has to be admitted that there is still an air of disquiet in the country regarding the future of the monarchy. The queen, although still in good health in body and mind, is now in her 68th year and the length of her reign is unprecedented. The future of a Protestant monarchy must be assured for the sake of the country, its stability and role in Europe. Around the World It is reported by our correspondent in Utrecht that a burgher of that city, one Oliver Van Noort, a former inn keeper, has recently completed a three year voyage in which he claims to have sailed completely around the world. His voyage, which he reported in a letter to the authorities in the Netherlands caused much excitement. Theatre News, by J. Q. Adams Mr William Shakespeare, author of such entertainments as ‘Julius Caesar’ which was well received, has this year come up with two new plays in contrast. The Merry Wives of Windsor’ is a light hearted comedy to lift the dullest spirits. It features that lovable rogue, Falstaff. , known of course from earlier works. This can be seen for the price of one penny every Monday and Tuesday at the Globe Theatre, Southwark. As this is such a popular play there will be extra boat men around to ferry passengers. For those of a more serious turn of mind the tragedy of Hamlet, Prince of Denmark, the title role being played by Mr Richard Burbage and the Lord Chamberlain’s Men, will be performed on Wednesday, Thursday, Friday and Saturday. Fashion K. Emerson Spain continues to be a major influence upon English fashions. The work of Mistress Dinghen Vanderplasse with her knowledge of starching methods continues to be important, especially as ruffs remain in fashion, though they tend to be on smaller scale than on previous years. Silk, hand knitted, stockings were a popular present for many ladies this Christmas past, including her majesty, despite the cold weather. The majority though still prefer stockings of cloth or wool for both durability and warmth. The farthingale, so popular at court, as can be seen in her majesty’s recent portrait, has been estimated to have reached a width of 48 inches in some cases. Will this impractical garment continue to be fashionable in the new century? Recent Legislation by E. Cubberley The recently enacted, and much needed, Poor Law is already bringing changes in our society. It says much for the legislature that they have taken such care to ensure the care of unfortunates. Poor children will be properly apprenticed and trained in a trade as well as in their letters.. The richer member of society will fulfill their social obligations by providing supplies for the poorer folk in difficult times. No more should we have to report upon poor waifs being found starved to death in harsh weather s happened last winter when the harvest was so poor. And think of the benefit to the country of so many young people properly equipped for a trade This, together with the stopping of the monopolies which favored only a few, will benefit all of her majesty’s subjects.

Should Courts Lift the Corporate Veil?

Should Courts Lift the Corporate Veil? The doctrine laid down in Salomon v Salomon & Co Ltd has to be watched very carefully. It has often been supposed to cast a veil over the personality of a limited company through which the courts cannot see. But that is not true. The courts can and often do draw aside the veil. They can and often do pull off the mask. They look to see what really lies behind. The legislature has shown the way with group accounts and the rest. And the courts should follow suit. I think that we should look at the Fork company and see it as it really is the wholly owned subsidiary of the tax payers. It is the creature, the puppet of the taxpayers in point of fact, and it should be so regarded in point of law. Per Lord Denning MR, Littlewoods Mail Order Stores Ltd v I.R.C. [1969] 3 All ER 855 1.0  Introduction This dissertation will discuss the principles of limited liability and corporate personality and the courts’ reluctance to disregard the corporate veil the principle called â€Å"piercing the Corporate Veil†. We shall consider the circumstances in which the Courts have been able to pierce the veil of incorporation and the reasons as to why they have in most cases upheld the decision in Solomon v Solomon & Co[1]. All companies in the United Kingdom have to be registered and incorporated under the Companies Act which governs the principle of limited liability hence giving the owners or shareholders a curtain against liability from creditors in the case of the company falling into financial troubles. This curtain so created gives the company a separate legal personality so that it can sue and be sued in its own right and the only loss to the owners or shareholders is the number of shares held in the company on liquidation with no effect on their personal assets. This distinct separation between the owners or shareholders and the limited company is the concept referred to as the ‘veil of incorporation’ or ‘corporate veil’. In conclusion, it shall be argued that the courts should lift or pierce the corporate veil to a significantly greater extent so as to hold erring shareholders or directors of a corporation liable for the debts or liabilities of the corporation despite the general principle of limited liability were the corporation has insufficient assets to off-set the creditor liabilities. 2.0  Limited liability and Corporate Personality The principles of limited liability and corporate personality are the cornerstone of the United Kingdom company law since the Joint Stock Companies Act 1844, its consolidation in 1856[2] and the introduction of the Limited Liability Act 1855. These two principles have been so guarded by the courts as being fundamental to today’s company law by upholding the separate legal personality of a corporate entity. However, whilst the original intention of the legislation was to help companies raise capital through the issue of shares without exposing the shareholders to risk beyond the shares held, the present attraction to incorporating a company is the advantage of shielding behind the curtain of limited liability which could be abused by some businessmen. 2.1  Companies Act 2006 Article 3 (1) provides that a company is a â€Å"limited company† if the liability of its members is limited by its constitution. Article 7 (2) provides that a company may not be so formed for an unlawful purpose. Article 16 (2) The subscribers to the memorandum, together with such other persons as may from time to time become members of the company, are a body corporate by the name stated in the certificate of incorporation. (3) That body corporate is capable of exercising all the functions of an incorporated company. 2.2  Limited liability As stated above, the doctrine of limited liability was introduced by the Limited Liability Act 1855 as a means by which companies could raise capital by selling company shares without exposing the shareholders to unlimited liability.[3] The principle of limited liability shields the company owners, shareholders and directors or managers against personal liability in the event of the company winding up or becoming insolvent. In such an event the liability of its owners and shareholders is limited to the individual shareholding held as provided for by the Companies Act 2006 and the Insolvency Act 1986[4]. This means that the members of a company do not have to contribute their personal assets to the company assets to meet the obligations of the company to its creditors on its liquidation but have to contribute the full nominal value of the shares held by individual shareholders. It should be noted here that such limited liability does not shield the limited company from liability until all its debts or assets are exhausted. This principle has so been held since the House of Lords ruling in the Solomon case[5] in which the Lords where of the view that the motives behind the formation of a corporation was irrelevant in determining its rights and liabilities as long as all the requirements of registration are complied with and the company is not formed for an unlawful purpose[6]. Much as a limited company has a separate legal personality, its decisions are made by directors and managers who should use the powers conferred unto them by the company board of directors and the memorandum and articles of association[7], and any abuse will entail personal liability by the officer concerned. Limited liability encompasses both the small enterprise including one-man companies[8] and big companies hence limiting the liabilities to company assets and not to any other personal assets.[9] This view has been endorsed in recent times through numerous cases as evidenced in a one-man company, Lee’s Air Farming. Lee was the majority shareholder and director in the company in which he was also the employee. He was killed on duty in an air accident and the court held that Lee and the company were two separate entities and hence entitled to compensation.[10] The courts will only in exceptional circumstances such as abuse, fraud or where the company was used as an agent of its owner disregard the doctrine of limited liability and hold members, shareholders or directors personally liable for the debts and other company obligations to the creditors in what has been termed the piercing or lifting of the veil of incorporation. However, there are several statutory laws which allow for the principle of limited liability to be ignored in such situations as in the reporting of financial statements of group companies[11], corporate crime and insolvency[12] which we shall discuss below. 2.3  Corporate Personality A limited company is a legal person[13] with an existence which is separate and independent from its members as long as all the formalities of registration are adhered with in line with the Act. The corporate identity entails the company can sue and be sued in its own right without affecting its owners’ or shareholders’ rights. It is trite law that the only plaintiff to a wrong done to a company is prima facie company itself and not its shareholders[14] except in instances where there is a fraud against shareholders or the acts complained of are illegal. The company has been held as having an independent legal corporate personality since it was first held in the case of Solomon v A Solomon & Co Ltd[15]. To emphasise this point, Lord Macnaghten said that it seemed impossible â€Å"to dispute that once the company is legally incorporated it must be treated like any other independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.[16] In this case, Solomon registered his company into a limited company under the Companies Act[17] which required a minimum of seven (7) members for incorporation. Solomon became the major shareholder with his wife and children holding a share each but the company ran into financial problems leaving no assets for the unsecured creditors on liquidation. Whilst the court of appeal held the company to be a ‘sham’ and an alias, trustee or nominee for Solomon and that the transaction was contrary to the true intent of the Companies Act[18] the House of Lords reversed this decision and held that the company had been validly registered as required by the Act and hence had a separate legal personality from the shareholders. In arriving at this decision, Lord Macnaghten said that, â€Å"The company is at law a different person altogether from the subscribers†¦Ã¢â‚¬ ¦.Nor are the subscribers, as members liable, in any shape or form, except to the extent and in the manner provided by the Act.† This decision shows that the House of Lords identified that the important factor was the observance of the requirements and formalities of the Act which safeguarded the principles of limited liability and corporate personality.  To date, this is the correct interpretation of the Company’s Act and it is important that the principle in maintained in the advancement of commerce. It should be noted here that the principle of corporate personality does not affect the company creditors to a large extent as far as the recovery of the debts is concerned. Following the decision in the Solomon case, Professor Gower has described a limited company as being ‘opaque and impassable’[19], whilst on the other hand it was described as ‘calamitous’[20]. Some commentators suggest that courts have been more inclined to the maintenance of the sanctity of the separate legal integrity of a company and have resisted the common law resolution of â€Å"peering under the skirts of a company to examine its linen (dirty or otherwise)†[21] as can be observed from the numerous cases since the Solomon case. The foregoing shows the importance to commerce of the incorporation of a company as it allows for continuity of the business transactions despite any changes in the owners, administrators, directors or shareholders of the company. However, common law has in some exceptional instances ignored this principle in stances of abuse or fraudulent use of a sham corporate structure. The courts have ignored the corporate sham structure and peer behind the veil to identify the â€Å"directing mind and will† that control the company and such intervention being termed as lifting the veil, cloak[22] or mask[23]. Whilst the courts have at times pierced the veil to benefit creditors when a company is placed under liquidation, there has been reluctance by the same courts to pierce the veil in instances which could have favourable results for shareholders.[24] 3.0  One-man Limited Companies The Council Directive 89/667[25] provides for the formation of one-man private companies hence moving away from the Joint Stock Companies Act 1856 requirements. This Directive highlights the advancement in commerce and as can be indentified from the Solomon case, Mr Solomon was the owner of the company and only registered the other six shares for his wife and children to fulfil the requirements of the Act. The company owner in these one-man corporations would in most instances also be the director in which case some unscrupulous individuals could escape liability for their own misconduct by holding assets in the name of the corporation. The courts are prepared to pierce the corporate veil in a one man company so as to be enabled to treat assets of the company as â€Å"property held by the defendants† were the company is held to be an alter ego of the owner.[26] However, the courts have shown that they are not prepared to pierce the corporate veil even in one-man limited companies as long as they are properly registered as required by the Act. In the case lee v Lee’s  Air Farming[27] mentioned above, Mr Lee incorporated Lee’s Farming Limited and was the director and controlling officer as an employee of the company. On his death in an air crush whilst on duty and the family claimed workers’ compensation. The court held that the company and Mr Lee were distinct and separate entities and hence Mr Lee was a worker in his own company. Hence we see here the court’s upholding of the principle set down by the rule in Solomon v Solomon[28] which has remained controversial[29] with changing commercial activity and globalisation. The courts have been more willing to pierce the veil in one-man companies were the owner of the company is usually the controlling officer and does not deal with the company at arm’s length. In the case of Wallersteiner v Moir[30], Lord Denning held that the subsidiaries were controlled by Dr Wallersteiner making them â€Å"puppets† which â€Å"danced to his bidding†. Lord Denning is pointing out here that whilst the subsidiaries appeared to have a separate personality, they were in reality his agents or sham companies with no existence of their own and hence warranted the piercing of the veil. This principle of corporate personality as established in the Salomon case has been extended to groups companies which we shall look at below. 4.0  Group Companies Group companies comprise of the parent company with its subsidiaries carrying on their businesses not as a common enterprise or â€Å"single economic unit†[31], though portraying it as such to the outside world. The principle of limited liability applies to the subsidiary companies so formed as they are registered companies under the Act and as such each has a separate legal personality to the parent company and hence can sue and be sued in their own right. The advantage of this arrangement to the group is that it limits liability to each subsidiary company in the group whilst sharing the group profits for the benefit of the group structure. Such group structures can lead to the parent company forming subsidiary companies to run its risky part of the business and hence insulating itself from liability in the event of the subsidiary company failing to meet its obligations to the creditors.[32] The effect of corporate personality in group companies is that each entity is legally independent and separate from other subsidiaries and the parent, hence each entity being liable for its own debts,[33] which affirms the Solomon principle. Lord Justice Slade said: â€Å"Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entities†.[34] This is still the law and an affirmation of the principle in the Solomon case. In the case of Ord & Another v Belhaven Pubs Ltd,[35] the proprietors of a company which was in the business of acquiring old pub premises, doing them up and then letting them to tenants, duly let a renovated pub building to Ord. There had been misrepresentations made by the company as to the potential profitability of the premises which only came to light some time later. By the time Belhaven Pubs Ltd had ceased trading and could not meet its debts. Ord sought leave to substitute the parent company. The Court of Appeal held that the defendant company which had granted the lease was legitimate and had not been a mere faà §ade for the holding company and hence could not be substituted. This basic principle of separate legal identity has been re-affirmed more recently in the Court of Appeal decision in Adams v Cape Industries PLC[36]. In this case, the defendant company was a member of a corporate group with a UK parent company. The employees in its US subsidiaries were injured by inhaling asbestos dust and had successfully sued the subsidiaries in US courts. They applied to enforce judgement against the parent company arguing that Cape had been present in the USA through its subsidiaries as they formed a â€Å"single economic unit†. The Court declined to pierce the corporate veil and held that the â€Å"fundamental principle is that each company in a group of companies is a separate legal entity possessed of separate legal rights and liabilities†¦Ã¢â‚¬  The principle in the case of Salomon was upheld on the basis that the subsidiary companies had been legitimately formed and hence were separate legal entities distinct from the parent company. 5.1  The Directing Mind A registered company is a separate and distinct legal entity, a body corporate[37] possessing rights and made subject to duties being able to sue and be sued in its own right. In the case of Lennard’s Carrying Co Ltd v Asiatic Petroleum Co. Ltd[38], the court held that, â€Å"a corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes may be called an agent, but who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation†¦..† So we see here that the courts are willing to look behind the corporate veil as a matter of law so as to establish the directing officer behind the decisions and actions taken by the company. The directing mind of a corporation is the senior person whose authority is derived from the companys board of directors to perform the functions of the company as directed and for the benefit of the company.[39] In the course of business, such senior persons would then delegate their authority to other employees for the efficient running of the company in which case such employees’ actions or inactions would be considered as those of the â€Å"directing mind†. Lord Reid further went on to define the â€Å"directing mind and will† of the company as the person who acts for the company as he acts as â€Å"the company and his mind which directs his acts is the mind of the company.†¦Ã¢â‚¬ ¦. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company.†[40] Therefore, this would mean that the â€Å"directing mind and will† of the company is any employee who performs certain functions for the corporation as long as he has the authority to do so and does not act outside his mandate in which case he will be held personally liable[41]. In Williams and another v. Natural life health foods ltd and mistlin,[42] the case of a small one-person company, Sir Patrick Russell in his dissenting judgment pointed out that â€Å"the managing director will almost inevitably be the one possessed of qualities essential to the functioning of the company†, but that in itself does not mean that the director is willing to be personally liable to the companys customers. Therefore to convict a company, the court will go behind the status of the separate legal entity distinction so as to establish the â€Å"directing mind and will† of the company controlling its activities[43]. However, it has been identified that the principle of limited liability can be subject to abuse and in the circumstances were there is statute will not provide justice or equity, the courts have in such exceptional circumstances disregarded the principle and held the shareholders or directors accountable for their decisions in the running of the company. The process in which the courts have disregarded the principle of limited liability is called â€Å"piercing the corporate veil† which is the main discussion of this document. 5.2  Tortious Liability The company is vicariously liable for any torts committed by its employees or agents whilst acting in the course of the official duties and ‘shall not be called into question on the ground of lack of capacity’[44] whilst the employee or agent remains the primary tortfeasor[45]. It is therefore clear that the â€Å"directing mind and will† can sometimes be personally liable for torts, for which the company is also liable, for their fraudulent acts though done on behalf of the company. 4.3  Criminal Liability The Barrow Borough Council case is thought to be the first prosecution of a local authority for corporate manslaughter. To convict a company of corporate manslaughter, the prosecution must prove the companys conduct, which led to the deaths, was the conduct of a senior person in the company—the directing mind (also often referred to as the controlling mind). In practical terms, this means that for a company to be guilty of corporate manslaughter a senior person (normally a director) also has to be guilty of manslaughter. The difficulty with these cases, particularly against larger companies with layers of management, is proving a causal link between the conduct (or lack of it) of the directing mind and the incident that caused death. 6.0  The Corporate Veil The corporate veil is the curtain that legally separates the company from its shareholders hence holding the company as having a separate legal personality and limited liability. In curtailing any abuses of limited liability and the protection of creditors to both small and group companies, the courts have in certain instances, though reluctantly, looked behind the corporate veil to establish the true intent of the controlling officers of the company. The courts have in the rare circumstances ignored the corporate form and looked at the business realities of the situation so as to prevent the deliberate evasion of contractual obligations, to prevent fraud or other criminal activities and in the interest of public policy and morality. Piercing the corporate veil has not been complicated in one-man companies were the owner is usually the director and hence the controlling officer as compared to group companies which have a layered structure. The controlling officer[46] will be held liable and asked to account for his actions so that the company can fulfil its financial obligations to its creditors in the event of company insolvency. In the case of Royal Brunei Airlines v Tan[47] made clear. 6.1  Lifting the Corporate Veil The corporate veil is a curtain that shields company shareholders and directors from personal liability by the principle of limited liability in the event of the company being insolvent and unable to fulfil its obligations. The lifting of the corporate veil concept describes a legal decision where the limited company shareholders or directors are held liable for the debts or other liabilities of the corporation contrary to the principle of limited liability. Whilst there is strict liability legislation to prosecute erring limited companies for statutory offences but were there is insufficient statutory protection, the common law remedy of piercing of the corporate veil is imposed by the courts so as to put liability on the controlling officer (directing mind) of the corporation. However, the courts have been reluctant to rebut the principle of limited liability and only in exceptional circumstances have they been willing to pierce the corporate veil to establish the true facts. In this way, certain individuals or parent-companies responsible for the company’s actions are held liable so at to account for their decisions as shareholders or directors. Generally, the UK corporate law holds that the shareholders, directors or parent-companies are not liable for corporate obligations of the companies or subsidiaries they control hence maintaining the principles of limited liability and separate legal corporate personality. The principles of separate legal personality and limited liability have been long recognised in English law[48] and that the shareholders or directors are not liable for the debts of the company as long as it is properly administered.[49] However, in exceptional circumstances[50], the courts have been prepared to look behind the company and establish the actions or inactions of the directors and shareholders using the process known as â€Å"piercing the corporate veil†. Piercing the corporate veil is the process whereby the court ignores the principle of corporate personality and holds the shareholders or directors liable for their actions so that they meet the company obligations in their personal capacities.  The courts will pierce or the â€Å"veil† were the corporate structure has been used as an instrument of fraud or to circumvert the law.[51] It has been argued that whilst the courts have used the doctrine of piercing the corporate veil though reluctantly, it is still not well understood leading to uncertainties in the legal process.[52] Some commentators have argued that the exceptional circumstances in which the courts have justified the piercing of the corporate veil is uncertain as evidenced by the number of contradictory decisions by the courts.[53]  Goulding[54] further argues that ‘it is not possible to distil any single principle from the decided cases as to when the courts will lift the veil’ due to the diversity of the cases, though they are more willing in cases of extreme abuse.[55] In the leading case on this subject, Solomon v Solomon[56] discussed above, the House of Lords maintained that â€Å"individuals could organise their affairs as they wanted and that if they chose to do so via incorporation they were entitled to the protection of limited liability as long as the incorporation was in accordance with the formal rules of the relevant legislation†. Though it is English trite law that the incorporation of a company protects the members from company liability by the principle of limited liability, there are both statutory and common law exceptions to the principle in cases of abuse of the corporate structure. 7.0  Statutory Exceptions Gower and Davies[57] argue that the courts are willing to lift the veil were statutory wording of a particular statute[58] is explicit as Parliament intended. The courts have resisted the temptation to pierce the veil because they consider it just to do so[59] though they are more willing in exceptional circumstances or were they feel that the shareholders or directors are concealing the true facts[60]. However, the courts have been reluctant to lift the veil were the statute does not specifically provide for it. There are various Acts which specifically provide for the lifting of the corporate veil and as such are strict and have to be followed. Following are a few examples of both civil and criminal liability imposed on limited companies. Companies Act 2006 sections 398 and 399 Group of companies Although each company is a separate legal person, section 399 (2) requires that the parent company prepares group accounts at the end of the financial year so as to â€Å"give a true and fair view of the assets, liabilities, financial position and profit or loss†. This Act looks at the group of companies as a ‘single economic entity’ and in effect lifting the corporate veil which goes against the principles of corporate personality and limited liability.

Adult And Community Care Case Study Social Work Essay

Adult And Community Care Case Study Social Work Essay This assignment focuses on Adults and community care case study. The work highlights the main issues that need immediate attention and attempts to provide an account on how to address them. An improvement of the quality of life for Jan and Magda may be realized so that they could live a fulfilling life in old age. On the other hand investigating the main issues, demands a discussion the importance of interdisciplinary and multi-agency working. It is also possible to explore the policies and legislative mandates and frameworks that inform both the assessment and intervention. This exploration provides guidance as to what is acceptable under law and policies. At the same time, the importance of incorporating theories and approaches will be discussed and analysed. Then l will draw attention to the importance of incorporating theories into practice, guides what a social worker may need to look out for; and enables one to account for the values and situation in society of day to day work of social workers. The last part shall analyse the importance of interventions in an anti-discriminatory and anti-oppressive way. This essay draws reference from the code of practice and other relevant professional guidelines under the law. The work being a course assignment may not explore all the needs due to limit of words, but major topics discussed in this assignment are interlinked; therefore it is not going to possible to discuss one issue alone without refereeing to the other. A summary is given at the end. Assessments of significant issues The key issues highlighted in the case study may be categorised as medical, financial, mobility and social needs. In-order to address the issues highlighted, an assessment for Magda is required. Consultation with interdisciplinary and multi-agency bodies should be carried out as observed by Macka(1990). Information can be gathered through meetings, in Magdas case key attendees would be the general practitioner, the community nurse and the community mental health team and a social worker. The multi-agency meetings facilitate sharing of information between all organisations in a safe and secure manner. (Surrey Council) Information collected will help the assessor to make an informed assessment and risk assessment. However the consent of service user to sharing of information should be sought as suggested by Milner and OByrne(1998) It is important for Magda and Jan to attend such meeting however it is possible for professionals to hold meeting without service users. When using single assessment process, it is important to acknowledge that there are 4 types that fall under the SAP; these are contact, overview, specialist and comprehensive. More than one assessment can be carried out at once. Different local governments authorities may implement SAP using slightly different assessment tools and the threshold of eligibility may also differ from one local authority to the other. Under the NHSCCA 1990 Section 47 (1) (a) Magda has the right to an assessment, and within the same act; S 47 (1) (b) will help the assessor to determine the eligibility criteria known as the Fair Access to Care DH 2010. Here the assessor will be working in accordance GSCC code of practice which states that Social workers should promote the independence of service users and promote them as far as possible from danger and harm. GSCC (2002) Eligibility is graded on four bands, the low, moderate, substantial critical (Surrey Council, 2011). The White paper caring for people (DOH 1989) aims to enable people to live a normal life as much as possible in their homes or in a homely environment in the community. Assessments should help Magda and Jan to identify not only their needs but also their strengths and abilities under this paper. The wishes of service users should be kept on the forefront of the care planning and service delivery. This upholds the GSCC code of practice ref. 4.1. GSCC (2002). Hence the interventions led to promoting good health and quality of life in the community. The (DOH 1989) also states that the right amount of care and support provided helps people achieve independence by maintaining basic living skills to achieve attainment of daily living activities Johns (2005) p.79. The Carers (Recognition and services) Act 1995, extended the duty of assessment to rights of carers to have their needs assessed alongside those of the person whom they are caring Referring to the case study Jan appears not coping well as Magdas carer. Here probably with adequate and appropriate support package Jan will be able to carry out his caring duties if Magda was to stay in the community. The task for social workers in this case involves helping Magda to overcome the structural, institutional, cultural, professional and personal barriers that may contribute to physical disability, in line with views of Adams et al (2002). It appears that Magda is unable to communicate her personal wishes due to a language barrier; she may need an option of having an independent advocate who can represent her. There are issues around the use of relatives as interpreters as relatives may be biased towards their personal wish that may be contrary to wishes of the service user. The amendment to the Race Relations Act 2001, states that no one that uses public services should be disadvantaged because of their race, colour or faith as advocated in Br J Soc Work (2010). In Victoria Climbers case, where interpretation was done mainly through an aunt, stands as an example where vital information was missed despite being seen up to 40 times by social services, the police and the NHS. It is most likely to be true that the use of professional interpreter could have led to changes and outcomes for Victoria Climbers case. Thus in Magdas case it is only right to gather information in regards to Magda through a professional interpreter. In line here Magda has capacity and has the right to make decisions about her care plan. The key legislation essential in this assessment is The National Health Service and Community Care Act 1990 (NHSCCA) which addresses the provision of information about services, assessment and service delivery principles. Section 47 of this act requires a local authority to assess all those who may be in need of community care services, and having regard to the results, decide whether the needs call for provision according to Johns (2005). An initiation of an assessment for Magda may be done through the powers of this Act. The first piece of legislation to materialise that would involve Jan is the Carers (Recognition and Services) Act 1995. This Act is an important step towards recognising carers and the supporting role they play in looking after their family members, and the difficulties they face. This Act gives carers like Jan the right to an assessment both physical and mental. This would be carried out annually. However if the person being cared for refuse an assessment, then the carers would not be entitled to an assessment. The department of Healths publication Building Bridges (1998) also provides the legislative framework recognising the carers role. The Carers and Disabled Children Act (2000) strengthened the rights of carers to an assessment of their needs. This is irrespective of whether the person they are caring for receives the service or not. The help ranges from driving lessons, counselling and or even money to replace a broken machine. After all the considerations of the laws and boundaries the needs and resources, a care plan is formulated. The social worker should promote the right of Magda to self- determination to where she should live. If on the assessment Magda is found to have capacity and is adamant to stay in her home, in such a case weighing the risks available to Magda if she remains in her own accommodation. If there are no majooor risks her wish should be respected. Even though self-determination is a basic principle in social work practice, all practitioners know that there are situations in which the client should not be given the right to self-determination. Part of the community Care Act (1990), highlights choice, Kemshall (2002, p76) states how this can be conflicted with ones own personal view, choice, a central principle of community care, can be significantly undermined by professional desires to prevent risk. Magdas has had her leg amputated due to gangrene, which causes mobility difficulties. Her poor sight due to diabetes adds on to mobility needs. The aim is to prevent disability where Disability is defined under the DDA1995 as physical or mental impairment which has a substantial and long term adverse effect on a persons ability to carry out normal day to day activities(Mandelstam 2005) p 490. Magda is already known to the mental health services; however she appears to being violent to Jan. It is important for Magda to have a specialist mental health assessment. Ulasand Connor (2000) Through the mental health route, Magda may be eligible for services through the Mental Health Act 2007 which has introduced the supervised treatment in the community. This Act modifies the 1983 Act and amends the 2005 Act. If Magda lacks capacity a named person can make a decision on Magdas best interests under the Mental Capacity Act 1 (5). Under this acts the social worker would be able to promote healthy, safety and personal wellbeing of both Magda and Jan. It may be suggested that in situation where risk is low Magda may also be entitled under section 29 of the National Assistance Act 1948 to a mandatory grant for essential adaptations that will enable her to move around her home more easily Brayne, et al (2001). Examples of the type of adaptations that may be carried out are: Installing a stair lift, providing a toilet and shower downstairs, installing a ramp. Bornat, J. (1994). Magda may get funding for adaptations through Housing Grants, Construction and Regeneration Act (1996), disabled facilities. Magdas diabetes and schizophrenia and amputation places a duty on the local council to assess needs provide services through the Chronically Sick and Disabled Persons Act (1970). Under this act, the Local Authority has a duty to assist a service user with practical help in and around the home. This includes the personal care, transport services and meal facilities for the service user, sharky (2000). A home carer may be arranged for Magda under section 2 of the CSDPA 1970 to provide personal care, such as assistance with bathing and dressing, help with getting in and out of bed, and help with medicines. It also includes practical assistance in the home to improve safety, comfort, and convenience and manage with daily tasks more easily and independently as suggested in Maczka, K .(1990). The 1968 HSPHA (section 45 DHSS Circular 19/71) instructs the Social Services to cater for the delivery of hot meals to Magda at her home by a meals-on-wheels service. However a charge is usually made for each meal. Section 21 Sch. 8 of the 1977 National Health Service Act provides a laundry service for people who are incontinent or who for some reason cannot do their own laundry in line with Vernon, S. ( 1997). If the risk is high for Magda to live in her house and does not want to go into residential homes, supported housing may be an option. The National Assistance Act 1948 Sec 20 facilitates provision of appropriate accommodation. This Act may be used if Magda is voluntarily moving, however her condition should satisfy two requirements and one should be medical. Supported housing offers a wide range of support tailored needs. Service users in supported housing can live as independent and as private. There is an option of companionship from staff if one needs it. Most services offered in Magdas home are available if she chooses to go in supported housing in Heywood et al. (2002). It is probably possible that, after the assessment Magda had been seen as unfit to live in the community even with support, and has to go to residential home against her wishes. The National Assistance Act gives compulsory powers to put Magda in a care home. This decision may be made in her best interest of Magda. The General Social Care Council codes of practice that call for attention towards empowerment and choice. The guidelines are aimed at employers and employees to maintain to a reasonable standard of practice within the social work field. The General Social Care Council, codes of practice expects social care workers to, Supporting service users rights to control their lives and make informed choices about the services they receive; (G.S.C.C. 2002 p1). The other issue is that the couple are experiencing financial issues; Jan is accumulating debt in the local shop. There is need to investigate the reason why Jan is accumulating debt. There is need explore whether the accumulation of debt is not due to alcohol, drug abuse and or gambling. There is a possibility of Jan being vulnerable and experiencing financial abuse from a member(s) of the community. In order to get the true picture of what is taking place, it is important to discuss the debt problems with Jan. It is equally important to check if Jan and Magda are getting all the benefits that they are entitled to. The assessment of peoples needs is a local authoritys responsibility part of the section 47, NHSCCA 1990. The assessment of needs guides whether service provision by community care is required. Needs led assessments are being highlighted in order to move away from resource led assessments. This act allows professionals to fit a person into an existing service rather than getting the service to fit the persons needs. Limited resource eliminates availability of choice. An example would be, a home carer being sent to an elderly person home to provide caring duties. Due to lack of resource and money the carer has to provide home care at an early time of 7pm. This is considered too early for the client who wishes to go to bed after 8pm. But as there may be no other services the client could settle for what is provided, this is a violation of the clients choice. These issues can be magnified as forms of discrimination and oppression. The principles of consumerism underpin many of the objec tives from community care provisions, this is what is in line to Thompson (2003): Station 1998. The Carers (Recognition and Services) Act 1995 and the Community Care (Direct Payments) Act 1996 established statutory intervention in the caring field. Direct Payment scheme does allow users to obtain cash instead of services from local authority. Direct Payment scheme promotes a caring service, which revolves around contracts and employment law, Crawford and Walker (2006). Personalisation of service promotes independence, enabling individuals to have a greater choice and gives clients the responsibility for meeting their housing related support needs The local authority still has an overall say, local authority has discretion over whether to offer someone direct payments and can decide whether they are appropriate and whether the disabled person can manage them (DOH 1998a in Sharkey, 2000). The White paper Caring for people (DOH, 1989), aims hope to enable people to live a normal life as much as possible in their own homes or in a homely environment in the community. It also states that the right amount of care and support should be provided to help people achieve independence by maintaining basic living skills to achieve daily living activities. The main aim, which highlights empowerment, is the prevention of gate keeping allowing individuals to have a greater say towards how they live their lives and the service provision. Kemshall and Littlechild (2000). Ungerson and Kember further state how feminist research looks at the significance of women in informal care and the effect this has in differences between male and female participation in the labour market. Feminists such as Mc Laughlin and Glendinning (1994), Lewis (1992), Ungerson and Kember (1997) etc. have recognised that gender relations in the welfare state are not as simple as mainstream theorists such as Esping-Anderson would have us believe. On the same line, the other feminists such as Barnes (1997) have also looked into gender differences in the welfare state by studying informal care, and the gendered imbalances surrounding it. Barnes claims that women have the main responsibility for informal care. (1997:13). It can be assumed that many policies of the welfare state are at the present, not geared towards Mclaughlin and Glendinnings de-feminisation. According to Henwood 1998, 1in 8 persons is an informal carer to either a relative or a family member, which has led this group of people to become more recognised for the support they give to clients. Supporting carers not surprisingly has proved increasingly popular with the government, because it helps to reduce the demand of local authority funded service, reasserting the responsibility onto families and individuals. However as straightforward as this may seem, the government cuts has added to the difficult task of translating the support into actual rights and benefits in my view. Finch and Groves (1977) argue that policies for community care were, within a context of public expenditure cuts, and were fundamentally incompatible with policies for equal opportunities for women. They claimed that in practice community care equals care by the family, and in practice care by the family equals care by women. (Ungerson, 1987: 494) Because of feminist contributions and increased knowledge of community care the Equal Opportunities Commission commissioned a study of carers and for the first time a serious effort had been made to plot the incidence of caring and to discover the sex ratio. The results found, Out of the 116 carers, 87 (75%) were women and 29 (25%) were men. (Equal Opportunities Commission, 1982b, 3) The Equal Opportunities Commission then published a set of recommendations for the support of carers, in terms of services, financial benefits and employment rights, (The Equal Opportunities Commission). The carers visible to government statistics are married men aged less than 64 years old caring for their disabled wives and single people caring for infirm parents. Carers are only visible to policy makers when they receive some kind of state benefit, yet many welfare benefits exclude married womenà ¢Ã¢â€š ¬Ã‚ ¦.(Equal Opportunities Commission, 1982b: 3) Further to this councils have adopted a top down model in which local disability organisations are not closely enough involved within. Social workers need to work in partnership with service users and not make assumptions about what they feel is the best for them, even if it appears obvious and the wishes of the service user must be respected. It requires skill and professional judgement on behalf of the social worker to balance the wishes of the adult with the need to protect them. There are no specific laws relating primarily to old people like there is for children under the Children Act 1989 therefore social workers must draw on legislation from different areas in order to provide the best outcome. The training and specialist knowledge the social worker has, the more positive the outcome is likely to be. Also the available resources within the local authority have a significant impact on the care and support that an old person receive and varies widely in different regions. This lack of resources inhibits the proper application of the law, Crawford and Walker (2006). As a social worker it is important to be aware that people are different and where there is difference there is the potential of unfair discrimination. Stanton, (1998). Anti-discriminatory practice is a complex area with many and diverse dimensions such as disability, race, gender, age and sexuality. Much of the discrimination inherent in social work can be seen to be unintentional, due to lack of awareness rather than deliberate attempts to oppress. Thompson (2001). It is important to intervene in a non-discriminatory and non oppressive manner when working with older people. Thompson, (2001) p 88, explained that social work with older people has a considerable discriminatory potential. Society has a tendency of marginalising issues relating particularly to problems of old age. This behaviour can be referred as ageism, and ageism behaviour is in itself discriminatory. Hughes and Mtezuka (1992) describe ageism as the social process through which negative of and attitudes towards older people based solely on the characteristic of old age itself, resulting in discrimination. There is a lot of reference to empowerment and choice in social work settings when in actual fact, one wonders if this is fully promoted. Given that the majority of disabled people are on low incomes or are reliant on welfare payments, their choice is effectively limited to services chosen for them by the local authority social services department. Barnes et al (1999) cited in Kemshall and Littlechild (2000) p 218 On the same subject, Hugman (1998) cited in Kemshall , stresses that these services are made possible through the tax payers money and the same people paying into the taxes are the professionals that control the budgets which poses are a question to the idea of choice made by the consumer. The government cost cutting scheme has negatively affected welfare services, making reference to empowerment and choice meaningless. The power I hold as a social worker, could be used constructively as a useful tool for empowering this family in order to take steps to combat the imbalances that exist between us, and, if used appropriately can enhance their lives, whereas abuse of this power would reinforce the power imbalance and oppression. These power issues can be used to inform my practice and as Stein (1976) in Williams, F. (1989:172) suggests, the relationship between races, social classes and between helping professionals and their clients are all variations of unequal power relations in society. The power imbalance between white social workers supporting ethnic minority clients, places the professional on a privileged position, this may contribute to discrimination and oppression. Thompson (2003). It is possible then to address these imbalances of power, discrimination and oppression? By developing an understanding of the concept of race and cultural differences and identities and oppression. Race and oppression cannot be fully understood without also understanding the notion of power and as Thompson distinguishes the social worker may not be sufficiently sensitive to issues of power/powerlessness and oppression. Thompson 2001: 139. As it has been argued by Thompson (2003:p49,80) that a sophisticated understanding of the presentations of power and its significance within social work are crucial in order to challenge inequality, discrimination and oppression. (Total of 3660 words) CONCLUSION please get the current Copy

Everyone needs a family to love :: essays research papers

It was no coincidence that I met a very wise person in my life. Now this person I found was always there for me! Wherever I went I knew they were in my heart to help me out, just to make things clear I’m not talking about God (even tough he is very wise and trustworthy) I’m talking about my family, the ones that have raised me since I was small and helped me through my life to get where I am today! They were the ones I knew I could count on to help me, but in the beginning I took them for granted and just there to live with and feed me, I never thought they would help me the was have! Well I was just sitting down with my dad and having a conversation about life, which soon ended up as an argument and the meanie that he is, I got grounded and had to do community project work for 4 whole months(BORING!!!). Now you see my dad is a very strict and did anything for his community and was always a few centuries behind, but he was the one that got me to find the real me! Well on the first day of my ‘community service’ I had to clean up the beach, which I found EXTREMLY boring! On the second day I did the same thing and did the same thing for 3 whole months. But on the fourth month I was told I was going to a work at an AIDS Children Orphanage, it sounded better than the beach so I went there. As soon as I walked in I could here all the children screaming with joy as another person came in to play to feed to teach them! These children looked as if they had no worry in the world, they didn’t know they were very sick they just knew they wanted to learn and play with people so much, some of the didn’t know what it was like to have a mother, a farther, but they seen to live just as well, but they needed that extra bit of love that your parents give. I found out that day how blessed I was to have a loving family always there to back me up, before I took them for granted I thought they were a waist of time I could live without them, which is true I could look at those children, but I realised that my family gives me that sense of security and of hope.

Private life of a Baseball player :: Athletics Sports Essays

Private life of a Baseball player American Baseball is so popular that lots of good player from other country have dream to become a member of Major league. So do the players from my country. Some players started playing in big teams such as LA Dodgers, Boston Red Sox, New York Yankees, and Texas Rangers. Other players started from minor league. MLB is not anymore game for only American people. Fans from all over around the world want to watch ball game through broadcasting. In America, there are a few baseball players who came from South Korea, and they are doing well in MLB teams. Since baseball became so popular sports and international business, players got paid lots of money, and the reporters wants to disclose their private life of famous players in order to sell more and more issues of newspapers. Sometimes, they are trying to dig out something embarrassed stuff about certain player by tailing after them. Such a behavior of reporters can be the cause of an accident between baseball players and reporters such a s arguing, or fighting. What I am going to write down and argue about is an accident which was happened between reporter of sports news paper and a baseball player. To summarize what and how that accident happened, one of those players, who called Byunghyun, Kim, had been distressed because he could not do well as one of pitcher. After the season was finished, he came back to South Korea as his hometown. What he needed was just a rest, refreshing his mind and concentrating on his training. Except few people, he tried not to let anybody notice that he came back to his country. Because he knew that he would get bothered by lots of reporters with bunch of questions about what he did during season and what he is going to do for next season. While he was staying, he tried to get some rests and train by working out with his friend in health clinic center. Unfortunately, there was the reporter who knew the fact which Mr. Kim came back and rest a while by training. The reporter started to follow him without any permission and tried to catch something interesting story for newspaper article so that he could became the famous reporter. On the way go back from health center to home, that paparazzo took couple of pictures from the behind of Mr.

Royal Foolishness in King Lear Essay -- King Lear Essays

The presentation of persistent incompetence of the elite class would seem unlikely in a Shakespearean tragedy. Yes, it in turn led to the expected downfall of almost all principle characters, but there seems to be another element of the play of King Lear – shameful ridicule. The repetition of dishonesty, superficiality, and blatant ignorance serves as an overwhelming theme of the dysfunction of nobility. Indeed, one of the main aspects of King Lear is the representation of royalty’s foolishness. A clear example of the naiveness of the nobility is Regan’s hunger for power and wealth at an extent where she demonstrates little respect towards her own father – also her beneficiary. She insults his age and rudely implies that he no longer deserves the status of king and should pass it on to someone more capable. Ironically, she has the least potential for being an adequate ruler, â€Å"O sir, you are old†¦ You should be ruled and led by some discretion that discerns your state better than yourself† (II.iv.165-169). Her shameless remark touches upon Lear’s own flaws, his d...

Pathogenic Parasite and Waterborne Diseases in Three Stations

Chapter 1 INTRODUCTION Background of the Study Rivers are the bodies of water bearing an immense biological importance. Though they contain only about 0. 0001% of the total amount of water in the world at any given time, rivers are vital carriers of water and nutrients to areas all around the earth, they are essential components of the hydrological cycle, for they act as drainage channels for surface water and they serve as habitat for various organisms (Hebert, 2011). With rapid increase of the country’s population and urbanization, bodies of water tremendously began to be polluted.This event commenced the contamination of drinking water as well as the widespread occurrence of waterborne diseases. Waterborne diseases are often caused by parasites which are directly transmitted through consuming contaminated drinking water. Any water reserve, infested with pathogenic parasites, used in the preparation of food can be considered as a source of foodborne disease and could be easi ly transmitted through consumption of the same pathogenic parasites. These diseases commonly affect the digestive tract as well as the other vital parts of the body that may be fatal to anyone especially those who are immunocompromised (WHO, 2004).Globally, waterborne diseases such as diarrhea accounts for 1. 5 million deaths annually according to the Centers for Disease Control and Prevention on its report in 2010. It is considered one of the most dangerous diseases that could be acquired in flowing water and is a major health problem for developing countries. Also, according to World Health Organization (WHO) on its report in 2004, diarrheal disease accounts for an estimated 4. 1% of the total Disability-adjusted Life Year (DALY) global burden of disease and is responsible for the deaths of 1. million people every year. It was estimated that 88% of that burden is attributable to unsafe water supply, sanitation and hygiene, and is mostly concentrated in children in developing count ries. Over the time – from 2004 up to the present – , rapid increase in population, urbanization, and industrialization reduce the quality of Philippine waters, especially in densely populated areas and regions of industrial and agricultural activities. The discharge of domestic and industrial wastewater and agricultural runoff has caused extensive pollution of the receiving ater-bodies. This effluent is in the form of raw sewage, detergents, fertilizer, heavy metals, chemical products, oils, and even solid waste. Each of these pollutants has a different noxious effect that influences human livelihood and translates into economic costs. Access to clean and adequate water remains an acute seasonal problem in urban and coastal areas in the Philippines. The National Capital Region (Metro Manila), Central Luzon, Southern Tagalog, and Central Visayas are the four urban critical regions in terms of water quality and quantity.The Government’s monitoring data indicates that just over a third or 36 percent of the country’s river systems are classified as sources of public water supply, up to 58 percent of groundwater sampled is contaminated with coliform and needs treatment, approximately 31 percent of illness monitored for a five-year period were caused by waterborne sources, and many areas are experiencing a shortage of water supply during the dry season. Nearly 2. 2 million metric tons of organic pollution are produced annually by domestic (48 percent), agricultural (37 percent), and industrial (15 percent) sectors.In the four water-critical regions, water pollution is dominated by domestic and industrial sources. Untreated wastewater affects health by spreading disease-causing parasites, makes water unfit for drinking and recreational use, threatens biodiversity, and deteriorates overall quality of life. Known diseases caused by poor water include gastro-enteritis, diarrhea, typhoid, cholera, dysentery and hepatitis. The number of water- related health outbreaks including deaths reported in newspapers is going up.However, awareness regarding the need for improved sanitation and water pollution control, reflected by the willingness-to-pay and connection to a sewerage system where they are easily available, is very low (Philippines: Environment Monitor, 2003; Greenpeace 2007). Davao City has been expanding and growing in terms of population, economy and industry. In this manner, more raw materials are being demanded by these different sectors and as a result destruction of the natural resources is inevitable. Davao river ranks number seven among the largest river basins in the Philippines.This is largest of the city’s nine principal watersheds. The river is the main natural reservoir of the aquifer in the city’s jurisdiction. Its length is about 143 kilometers. It has received domestic and industrial wastewater. Since the sewage systems have not yet been fully developed, the garbage has been discharge in to the river leading to a wide-scale contamination of Davao River (Pascua et. al. , 2011). At present, residents within Davao River unceasingly make use of the water for bathing and washing which may present various threats to them.Some use the river for livelihood e. g. sand quarrying and fishing and for recreational activities. But they are blinded by the fact that they can be infected by pathogenic parasites that would eventually lead to waterborne diseases. This study aims to determine the level of pathogenic parasites in the water. Having everyone in the community know the specific parasites present in the selected stations of Davao River – Bankerohan, Bucana and Magallanes – would eventually lead to a more effective prevention and disease control among the residents of the community.The goal of clean water for everyone has to be achieved in a growing population of a city. This study also aims to measure the level of waterborne diseases in Davao River. Through thi s study, we can help the people be oriented with the danger of using contaminated water from Davao River. Related Literature The importance of urban rivers and streams for urban ecology and quality of life in cities is an increasing concern worldwide. The present state of rivers is much dependent on the history and trends of the society in each country.In many situations water quality is still unsatisfying. Restoration of urban rivers is challenging because of intensive land use, danger of flooding and impacts of human activities for water quality and for the ecology of rivers (Jormola, 2008). Today about 50% of the global population are living in urban areas, placing one-third of their inhabitants into slums, and creating huge challenges to their environment and sanitation. Poor sanitation, poor treatments of waste water, as well as catastrophic floods introduce pathogenic bacteria into rivers, infecting and killing many people.The goal of clean water for everyone has to be achieve d with a still growing human population and their rapid concentration in large cities, often megacities. How long introduced pathogens survive in rivers and what their niches are remain poorly known but essential to control waterborne diseases in megacities. Biofilms are often niches for various pathogens because they possess high resistances against environmental stress. They also facilitate gene transfers of antibiotic resistance genes which become an increasing health problem.Beside biofilms, amoebae are carriers of pathogenic bacteria and niches for their survival (Abraham, 2011). The World Health Organization says that every year more than 3. 4 million people die as a result of water related diseases, making it the leading cause of disease and death around the world. Most of the victims are young children, the vast majority of whom die of illnesses caused by organisms that thrive in water sources contaminated by raw sewage (Berman, 2009). Waterborne Diseases Many illnesses, con taminants, and injuries can be water, sanitation, or hygiene-related.Waterborne diseases are caused by organisms that are directly spread through water. Water-related illnesses can be acquired due to lack of water for good hygiene and lack of sanitation. It is important to know how these diseases and contaminants affect humans where they are found, and how to reduce the chance getting ill or suffering injury. This will allow individuals to make informed decisions about water, hygiene, and sanitation-related activities (CDC, 2012). Parasitic Organisms Parasites may be present in food or in water and can be identified as causes of waterborne illness.They range in size, from tiny single-celled organisms to worms visible to the naked eye. Their lifecycle may also vary. While some parasites use a permanent host, others go through a series of developmental phases using different animal or human hosts. The illnesses they can cause range from mild discomfort to debilitating illness and poss ibly death (USDA, 2011). Parasites cause over 2 billion infections per year worldwide. In the immunocompromised host these infections generally represent reactivation of infection from donor or in the allograft recipient often long after the initial infection (Wiley, 2004).Inland and coastal surface waters can be contaminated by human waterborne zoonotic enteropathogens such as Cryptosporidium parvum, Giardia lamblia, Encephalitozoon intestinalis, E. hellem and Enterocytozoon bieneusi (Graczyket et. al, 2008). The aquatic ecosystem harbors many kinds of organisms. Some of these organisms are parasitic protozoa such as Cryptosporidium spp. and Giardia spp. , which have recently been recognized as important causes of water and food-borne disease outbreaks associated with fecal contamination (Doron, 2000; Karanis et al. , 2006).Cryptosporidium is a parasite commonly found in lakes and rivers, especially when the water is contaminated with sewage and animal wastes. There have been six m ajor outbreaks of cryptosporidiosis in the United States as a result of contamination of drinking water. One major outbreak in Milwaukee in 1993 affected over 400,000 persons. Cryptosporidial infection can thus be transmitted from fecally contaminated food and water, from animal-person contact, and via person-person contact. The probability of transmission from just a small amount of contamination is fairly high, since a recent study has determined that the 50% infective dose of C. arvum is only 132 oocysts for healthy persons with no previous serological immunity to cryptosporidiosis (Hannahs, G. 1995). Cryptosporidium is very resistant to disinfection, and even a well-operated water treatment system cannot ensure that drinking water will be completely free of this parasite. Cryptosporidium has caused several large waterborne disease outbreaks of gastrointestinal illness, with symptoms that include diarrhea, nausea, and/or stomach cramps (Freedrinkingwater. com, 2009). Cryptosporid iosis, a common finding in pediatric patients hospitalized for diarrhea in urban Manila, Republic of the Philippines.Urban areas, particularly in the developing countries, frequently experience severe overcrowding with concomitant diminished sanitation. This situation is conducive to the transmission of enteric pathogens. It would be reasonable to expect that cryptosporidium oocysts are readily passed from human-to-human, human-to-animal and animal-to-human hosts. In rural areas around the world, human cryptosporidiosis is putatively associated with close human-animal contact, as in the case of animal handlers and similar agricultural situations (Laxer, M. 2003).Giardia lamblia is the protozoan parasite responsible for the disease Giardiasis. Symptoms of acute Giardiasis include diarrhea, nausea, weight loss, malabsorption, abdominal cramps, flatulence, and anemia. The mode of transmission of Giardia is through fecal to oral route or ingestion of cysts. A person can become infected after accidentally swallowing the parasite; but cannot become infected through contact with blood. You can become infected with Giardia lamblia if you swallow contaminated recreational water. Recreational water such as in swimming pools, hot tubs, jacuzzis, fountains, lakes, rivers, prings, ponds, or streams that can be contaminated with sewage or feces from humans or animals (Vdresearch. com, 2008). The prevalence of Giardia and Cryptosporidium among 3,456 diarrheic patients corrected from May 2004 to May 2005 in the Philippines was determined. Of 133 (3. 8%) positive samples, 69 (2. 0%) were positive for Giardia and 67 (1. 9%) for Cryptosporidium. Three samples had co-infection with Giardia and Cryptosporidium. Luzon had the highest positive samples (5. 0%) followed by Mindanao (4. 9%), then Visayas (2. 2%). Giardia was most prevalent in Mindanao (3. 6%) while Cryptosporidium was most prevalent in Luzon (3. %). The prevalence of Giardia (2. 0%) among pediatric patients (0-18 years ) did not significantly differ from that (1. 9%) among adults (>18 years old). However, for Cryptosporidium, the prevalence (2. 9%) among pediatric patients was significantly higher compared to that (0. 2%) among adult patients. In the pediatric population, the highest percentage of patients with Giardia was the 5-9 year old age group, while that of Cryptosporidium was in the 0-4 year old group. The prevalence of Giardia, but not Cryptosporidium, was significantly higher in male than female adults (Natividad, F. 008). Amoebic dysentery (amoebiasis) which is the agent of Entamoeba histolytica is widely seen around the world. About 50 million people has become infected a year and eventually over 100,000 people lose their lives. Amoebiasis come into being in consequence of taken of quad-core mature cysts from water, foods, goods or hands by orally. E. histolytica trophozoites are placed into the colon mucosa and submucosa then forms a bloodymucus diarrhea table. It forms abscesses by m oving through blood to liver, lungs, brain and other tissues (Kaya, O. 2011).The infection is common in developing countries and predominantly affects individuals with poor socioeconomic conditions, nonhygienic practices, and malnutrition (Rivera, W. 1998). Related Studies Waterborne diseases are the most prevalent infectious diseases in the developing countries especially in new settlements along the river. Waterborne diseases occur worldwide, and outbreaks caused by the contamination of community water systems and accidental ingestion of recreational waters have the potential to cause disease in large numbers of consumers. Statistics on outbreaks linked to contaminated water have been vailable in the USA since 1920 (Craun 1986), and since 1971, the Centers for Disease Control (CDC), the US Environmental Protection Agency (USEPA), and the Council of State and Territorial Epidemiologists have maintained a collaborative surveillance system for collecting data pertaining to the occurr ence and causes of outbreaks of waterborne disease (Barwick et al. 2000; Lee et al. 2002). In Europe during 1986–96, 277 outbreaks associated with drinking and recreational water were reported from 16 European countries (Kramer et al. 2001). At least 325 water-associated outbreaks of parasitic protozoan disease have been reported.North American and European outbreaks accounted for 93% of all reports and nearly two-thirds of outbreaks occurred in North America. Over 30% of all outbreaks were documented from Europe, with the UK accounting for 24% of outbreaks, worldwide. Giardia duodenalis and Cryptosporidium parvum account for the majority of outbreaks (40. 6% and 165; 50. 8%, respectively), Entamoeba histolytica and Cyclospora cayetanensis have been the aetiological agents in nine (2. 8%) and six (1. 8%) outbreaks, respectively, while Toxoplasma gondii and Isospora belli have been responsible for three outbreaks each (0. %) and Blastocystis hominis for two outbreaks (0. 6%). Balantidium coli, the microsporidia, Acanthamoeba and Naegleria fowleri were responsible for one outbreak, each (0. 3%). Moreover, the occurrence of Giardia and Cryptosporidium (oo)cysts in recreational rivers from Malaysia was reported. It was carried out in water samples at two rivers, ‘Sungai Congkak’ and ‘Sungai Batu’, located in Selangor State. The occurrence of both Giardia lamblia and Cryptosporidium parvum (oo)cysts was higher in Sungai Congkak (50% or 15/30 and 10% or 3/30 respectively) than Sungai Batu (16% or 5/30 and 3. % or 1/30 respectively). The mean density of cysts/L was 0. 72 in Sungai Congkak and 0. 023 in Sungai Batu, and that of oocysts/L was 0. 023 in Sungai Congkak and 0. 0033 in Sungai Batu, showing that the occurrence of Giardia was higher and more frequent than Cryptosporidium in both rivers. On the other hand, the Giardia and Cryptosporidium (oo)cysts were more concentrated at the downstream station, followed by midstream and upst ream stations which might be due to human factors where settlements and recreation areas were located around and between midstream and downstream stations.Failure to meet basic human needs for water in China leads to waterborne diseases and preventable deaths, especially among children. The OECD Environmental Indicators in China report issued in July 2007 estimated 30,000 rural children die each year from diarrhea caused by polluted water (OECD, 2007). The World Health Organization reported an incidence of 108. 4 mortalities per 100,000 persons from diarrhea-related illness in China in 2002. In 2003, the National Statistics Office said diarrheal diseases ranked second among the top causes of morbidity in the Philippines with 615,692 cases recorded (World Bank, 2006).Diarrhea is considered a major cause of morbidity, especially in developing countries. In the Philippines, it was the leading cause of morbidity for the years 2001 and 2003, and the second in 2002 (National Statistics Of fice, 2006). Common causes of diarrhea are infections due to protozoa. These causative agents are either foodborne or waterborne. Among enteric protozoa, Giardia lamblia (syn. G. intestinalis or G. duodenalis) and Cryptosporidium spp. are the most commonly reported causes of water-borne diarrhea outbreaks (Natividad et al,2008).The protozoa G. lamblia was first reported in the Philippines in 1977 and since then has been identified as a common intestinal parasite. Studies done in Luzon, in various localities in the Visayas, and in the southern islands of Mindanao indicate wide distribution of Giardia in the Philippines. (Natividad et al, 2008). Stool examinations in the Philippines typically included the identification of the common etiologic agents of diarrheas such as G. lamblia and Cryptosporidium.According to the most recent nationwide survey of Giardia and Cryptosporidium provides basic information on the prevalence of these enteric protozoa in the Philippines. (Buerano et al, 2 008). The worsening water quality is related to incidence of waterborne diseases, and is likely to increase a negative impact of floods on human health. Example of this is an unusual flood that occurred in Marikina City, resulting in high mortality and morbidity rates due to gastroenteritis and other waterborne diseases (The Asian Disaster Preparedness Center, August 2008).The pollution of the surface water in Agusan River could cause a variety of contagious diseases. Those diseases could outbreak through several routes such as: infection by parasites (such as schistosome), which inhabit in the water and drinking of and/or contact with the polluted water river that may cause dysentery and diarrhea (Lomboy, 2011). Instead of developing Davao River as an economic resource, it is currently being used as a central septic tank according to the Davao River Conservation Coordinating Committee.A study conducted by the committee showed that about 11 drainage systems in the city are moving in to the Davao River (Manila Bulletin Publishing Corp. , 2004). Currently, Davao River has become a dumping site for garbage, biological wastes, chemical wastes and other pollutants carried by the residents and even people just within the area (Pascua et. al. , 2011). Thus, areas near or within the urbanized populace such as Bankerohan, Magallanes and Bucana, are considered polluted and may be the source of detrimental effects to those who live nearby. Conceptual FrameworkINDEPENDENT VARIABLEDEPENDENT VARIABLE Fig. 1 Conceptual Paradigm Showing the Relationship of Independent and Dependent Variables of the Study Presented in Fig. 1 above is the conceptual paradigm showing the independent variable, the pathogenic parasites and its levels on the three stations of Davao River namely Bankerohan, Magallanes and Bucana and is the subject of the study. The waterborne diseases and its levels would depend on what pathogenic parasites are found on the three stations of Davao River and is consid ered the dependent variable of the study.Statement of the Problem This study specifically aims to answer the following questions: 1. What is the level of pathogenic parasites in the following stations of Davao River: 1. Bankerohan? 2. Magallanes? 3. Bucana? 2. Is there a significant difference among the levels of pathogenic parasites? 3. What is the level of waterborne diseases in the following stations of Davao River: 1. Bankerohan? 2. Magallanes? 3. Bucana? 4. Is there a significant difference among the levels of waterborne diseases? 5.Is there a significant association between the level of pathogenic parasites and the level of waterborne diseases? Null Hypotheses 1. Hypothesis free 2. There is no significant difference among the levels of pathogenic parasites in the three stations of Davao River. 3. Hypothesis free 4. There is no significant difference among the levels of waterborne diseases in the three stations of Davao River. 5. There is no significant association between the level of pathogenic parasites and the level of waterborne diseases in the three stations of Davao River. Significance of the StudyThe results of this study would provide advantages to various fields namely: Government – They would be able to implement policies and ordinances regarding proper waste management and the dos and don’ts regarding the use of water from the river. The affected residents within the area would be supported and information dissemination within the community would be implemented. Environmental Groups and Agencies – Having been aware on the situation of the 3 stations of Davao River, they would be able to provide solutions to lessen its contamination and prevent increase on water pollution.Community – They would be given health awareness as well as the possible implementation of preventive measures and disease control. Teachers – This study would serve as an educational supplement and could be regarded as a learning material th at could give additional knowledge to those who would desire to conduct a study related to pathogenic organisms found in urbanized rivers. Students – This study could serve as a reference material for further researches. Definition of Terms Davao River. It is one of the largest rivers in the Philippines and the largest in Davao Region.It has a length of 143 kilometers. Salug River located in San Fernando, Bukidnon is its source and the mouth is located at the Davao Gulf. Bacteria. They are single-celled prokaryotic microscopic living organisms that could be pathogenic or likely to cause disease especially waterborne diseases since they could live in water and easily multiply. Parasite. It is an organism that lives in or on another organism (its host) and benefits by getting nutrients directly to its host. It is usually acquired through ingestion of contaminated food or water.Waterborne disease. It is a disease acquired by drinking water contaminated at its source or in the di stribution system, or by direct contact with environmental and recreational waters. It is a disease which results from infection with pathogenic microorganisms or chemical poisoning. Pathogenic microorganisms include viruses, bacteria, protozoans and helminthes. ———————– Waterborne diseases †¢ Bucana †¢ Magallanes †¢ Bankerohan Pathogenic Parasites †¢ Bucana †¢ Magallanes †¢ Bankerohan