Principles of Law Essay Example | Topics and Well Written Essays - 1500 words

Principles of Law - Essay Example Doctrine of Judicial Precedence This doctrine is based on the principle of stare decisis which simply means to â€Å"stand by what has been decided and do not unsettle the established† (Dernbach and Richard 1981, p.35). The decision is based on two principles, ratio decidendi and obiter dictum, which means the reason for the judgment and other things, said pertaining to the case respectively. It is important to note that, though the obiter might not be part of the judgment, but it can be used in future judgments because of its persuasive nature (Knoops 2005, p.2). Original precedence present themselves in the nature that the present case is coming to the court for the first time and the presiding judge does not have the opportunity or chance to look at past decisions to make a decision on a point of law (Rossini 1998, p.34). This is what is known, as reasoning by analogy and the decision made in the case at hand will be binding at future cases. For example in the case of DPP v Smith (2006), where the defendant had gone to visit her former girlfriend and held her down cutting out her valued hair, the learned magistrate held that it was not actual bodily harm resulting out of assault. On appeal, it was held that even if the issue of the hair was to be determined scientifically or medically, the hair above the scalp was still regarded as hair regardless of its nature. The judges therefore decided that this was actual bodily harm and therefore the case provided precedence for future cases. Binding precedence on the other hand or those whereby a case has been made and future judges or the present judge must abide by it regardless of his or her own opinion. This therefore means that courts in the lower ranks must follow the particular decision regardless of any new issue arising and the cases presented must be similar to the previous decision or must have facts that are almost similar to the case at hand. The judicial system in England and Wales are such that courts are bound and they must follow the cases and decisions made in the upper or superior courts as the decisions in these cases provide precedents that must be followed in future cases with similar circumstances. These cases must therefore be followed or applied by courts down the hierarchy. It is important to note that magistrates or subordinate courts do not set precedent but they must follow the cases set by the superior courts, in this case the House of Lords or the appellate courts (Antoine 2008, p.118). Persuasive precedents are those in which the court decides whether to follow the precedence set or not to follow it. This precedence is not binding to the court and the court can follow them or ignore them depending on the legal principle in the case (Mitchelle and Minel 2003, p.73). These precedents can come from the lower courts or the magistrate courts and only the legal principles present in them can be applied in the upper courts. In R v R 1991, the Court of Appeal prov ided a persuasive precedence for an upper court, the House of Lords holding that a man can be found guilty of rape as against his wife. The Privy Councils in England and Wales are also influential providers of persuasive precedence to the courts of law though the decisions are not as binding as decisions made in a court of law. For example in R v Mohammed 2005,

The Plan of Marching of the Poor of Martin Luther King Junior Coursework

The Plan of Marching of the Poor of Martin Luther King Junior - Coursework Example 1968 was a year with both good and bad occurrences.   Good because it was the year when Martin Luther King Junior had led the plan of marching of the poor. Luther had intended to mobilize the poor in America to move to Washington on a campaign he dabbed Poor People’s Campaign. At the beginning of 1968, King had been able to travel widely so that he could get more and more support from the poor in America.   In his quest, King intended to bring broad and mixed racial together for a common course, a move that worked in uniting Americans for a common purpose at a time when racism was at its height in United States of America. King was advancing his argument to the wider American poor community with reference to how America had treated the majority poor badly without exposing them to resources to make them productive in the society. King had addressed matters that he believed were ailing America as at that time. He pointed racism, poverty and war as the main problems of America. Specifically, he had condemned the involvement of America with the Vietnam war and described the war as the most unjust war that America had involved itself with. The year was bad because in the same period when King was planning for the march, he was murdered. This made it had for the march to continue successfully. Led by Ralph Abernathy, the march went ahead but it was described as a failure. The march had been marred with rain. The media had given it a wide berth and the congress ignored the event.

The Public Transport In London Sociology Essay

The Public Transport In London Sociology Essay London is the capital of England and is one of the largest cities of the world as well of the United Kingdom. The city has a huge population of 8,174,100, making it the  most populous municipality in the European Union. All these people have to move in order to lead their life and a huge number of the population take the private transport for travelling. Although there are many people who travel on their private vehicles, an appreciable number of people take the public transport. London being one of the most modern cities of the world also offers many options to its citizens for travelling. There are  underground train services,  London Buses,  Tram link, the  Docklands Light Railway,  over ground, air transports and other options. A report suggests that annually in London, there are a staggering 2 billion of bus journeys, 1 billion of underground journeys and 800 million journeys on National Rail networks. Body All the people of London travel in the public transports throughout the day. People travel, go to their work, students go to schools by these public transports. A survey was made on the public transport in London by taking opinions from the people of London. The survey was done with people of different ages. The people were asked different questions and their answers were studied. The question asked comprised of two types. One category had one word answers and the other had elaborate options. However, all the questions were multiple choice questions. We gathered a clear idea about the public transport in London from the survey. The first ten questions were one word answers. The survey takers just ticked on any one of the option between yes and no. We found different opinions from different people. Peoples responses also differed with their ages and economic capacities. The first ten questions are given in the table below, along with their answers. The answers are given in percentage after making a calculation from the responses and opinions of the people. Serial Question Answer in Percentage 01 Do you travel in Public transport? 60% 02 Do you have a private transport? 50% 03 Are you a regular traveller? 50% 04 Do you have any income? 70% 05 Do you go to work by public transport? 90% 06 Is Public Transports of London comfortable? 60% 07 Is it cheaper than private transports? 100% 08 Do you find the Public Transports crowd? 80% 09 Do other members of your family travel in public transports? 60% 10 Are you happy with the Public Transports of London? 70% Table No. 01 The outcome of the survey helps to draw a picture of the Public transport of London. The study shows that more than half of the people of London avail public transport. Here we see the figure stands 60%. In addition to that it is seen that a good number of people do not have a private vehicle. Now, the next question asked to the survey takers was if they were regular travellers. 50% of them agreed that they were regular passengers. It meant that they were regular customers and that they depended of public transport. People travel and make journeys for various purposes. The study shows that most of the people went to work in public transport. So, public transport is a very essential medium for going to the work place. It is at the same time a very prominent option for the employees. However, one thing cannot be denied at all. During rush hours and even at some other time of the day, there are huge crowd in these transports. This problem does not happen at all time but mostly during rush hours. The problem is not because there is less number of vehicles but that there are more people at the same time. The scenery is common while people start for office and then again when they return. For this reason 80% of the people said that public transports were filled with crowd. The survey went to details about the topic and about the feeling of the people. The questions were done for the other family members of the people. The individuals were asked if other members of their families used public transports as a mean of travelling. A good number of 60% of the people informed that other members of their family also travelled on these transports. This means that the families that use public transport use the maximum use of it. The last question that was asked to the survey takers was their feeling about the transport systems. It was asked if they were happy with the public transport of London. A total of 70 percent of the people said they were happy with the situation. This conveys a very positive feeling about the Public Transport of London. It also depicts that the communication system of the city is very good, developed and advanced. At the same time it is also very public friendly. The second phase of the survey was the open questions. After getting a picture of the public transport of London the purpose was to go deeper. A total of 5 open questions were asked to get a more elaborate picture. The questions were asked to know about the different types of public transports that the people used. The first of the open question was about the age of the people. The people were asked to disclose their age so that it could be calculated that which age of people took he public transport more. The chart below shows the age wise transporters. Chart No. 01 The chart clearly shows that the most of the people taking public transports are from the age of 15-30. The next group of people who take this transport are the people of aging between 30 and 45 years. Almost no people aging below 15 take the public transport and there are a few people aging 45 to 60 years old take the transports. People aging above 60 do use public transport but they are very few. It means the children are not independent, they depend on their parents. So, they normally do not travel on public transports. The do not usually travel much. If they even do, they are accompanied by their parents. The old people do less travelling, so their percent is also low. The people, who are young aging between 15 to 45 years, are the ones who take the public transport most. It is because they go to work, attain classes, and do all other travelling by the public transports. The next question that was asked to the people was their occupation. It was really needed to know which class or group of people used the public transport most. The chart below reflects the travelling of different people. Chart No. 02 The chart clearly shows which category of the people takes the public transport most. It shows that the working people use the maximum utilization. Next are the students and then are the people looking for work. People go to their work places with the public transports. The students also take this for going to their educational institutions. People who are looking for work are also taking the help of the public transport. The later questions elaborate why these people use this means. The third question that was asked to the people was that which public transports they found more comfortable. London is a city of many dwellers and there are also many options of public transports. The city firstly like all others have public buses. The city has a long and connected underground rail line. It is one of the oldest in the world but much advanced. The railway changed and advanced to the highest extends with the introduction of all the modern technologies. Normal trains are also available added with trumps. The chart below shows the percentage of the different public transports taken by the people. Chart No. 03 The chart clearly shows that most of the people of London take the underground. That means the underground rail transport holds the maximum passengers. It alone carries about 50 percent of the public. The next are the buses and then the trump. The airways is least taken by the people. Air is not so popular because it is expensive. The next question was asked which public transport was lower in cost. The options were the same. The chart below shows the result. Chart No. 04 The data shows that the underground train is the cheapest. That is one of the reasons why people take this transport. The percentage is 70 percent. The figure next to it is the bus which is about 25 percent. The last question that was asked to the people was that which transport saved more time. The chart shows the situation below. Chart No. 05 The answer to the question that which transport saves time is different from all the others. Although very few of the people took the air lines, most of them agreed that airn transport saved the time most. The percent was 70%. The reason again why it was not 100% is because of the distance. Shorter distance could easily be travelled by train and then by buses. Conclusion All the data and the discussions above show a clear picture of the transport system of London. It shows that most of the people of London do take the Public Transport. The study finds that the underground railway dominates among the public transports. London has a very well organized public transport and it is also very advanced in technology. The people living in London are also comfortable with their Public Transport.

What does religion do for us? :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  What exactly does religion do for us? Sure, it’s a nice concept that makes one believe in other worldly things. Spirits and angels flood the heads of many children whose parents partake in the average slice and dice of Catholic smorgasbords, but what does it do for their souls? Are they all just workaholics who need a reason to be the way they are, or are they monsters merely extending a strange and open faà §ade in order to gain acceptance in the afterlife? All the same, religion does have its effect on many.   Ã‚  Ã‚  Ã‚  Ã‚  What we can be sure of is that the preachers believe in what they’re saying. Or do they? The display of onerous, burdensome stages of guilt seem to plague most of the bible passages, but no harm is seen in the acceptance of these. Sure they are all hand-me-downs of rinse cycle lives, but who is the one to blame for all this? Is it God? Or is there one to blame for all of this? What kind of question is to be answered by this cunning display of fortitude? The fact that their focus determines their reality has nothing to do with the audience captivated by the stunning repetition so often spoke, but it often is said that it does. One should believe in such a myth because of its popularity and outright approval.   Ã‚  Ã‚  Ã‚  Ã‚  Could the choir have something to do with why religion is so popular? Do angelic voices seem to enslave mans ideals and shun them to the furthest reaches of space, or is that done himself? One must come to believe in a God he cannot see because of the hymns blissfully sung by the elder women who have retired many years ago and have nothing better to do with their time than go to choir practice. In these extraordinary hymnals, people are told how much God and Jesus love them, and that the soul is free to choose its place. It makes one wonder if they have a soul.

Child & Young Person Development

0-3 yearsNewborn babies will have next to no control over their own bodies. Very small movements such as sucking and grasping these are all dependent on a series of reflexes; they do these in order to survive. By the end of their first year they would of gain more advanced mobility.Gross motor skills- for using their larger muscles to being into the sitting position without any assistance. And more fine motor skills- for using much smaller muscles like fingers and toes to being able to pass objects from hand to hand.In their second year babies/toddlers will still continue to development stronger muscles and continue to grow quickly. By this age they might be able walk and they will have more control on these movements and maybe able to feed themselves. They will have much enjoyment in playing games and toys such as playing ball, climbing on furniture or on the stairs. By the third year they might be able to dress themselves maybe with little assistance from others. And for fine motor skills with holding and drawing with pencils and pens. Also by this age they should have full ability for feeding themselves. As they continue to grow to grow so does their confidence as well.3-7 yearsBy this age children would of already started school and therefore will be able to show many different co-ordinated movements. Still be growing as a small person in confidence as a result. They should be improving skills already acquired so far but they will learn to have more control on fine motor skills such as using scissors for cutting and a pen for writing. As they continue to develop their gross motor skills will be more refined in more active activities such as running, playing sports and with use of larger equipment.7-12 years By this age group children will still continue to grow and train them skills. And now should have interest and hobbies, in which they will enjoy doing them. They will start to become more experienced in some areas a great example of this could be playing a particular sport such as football or even dance. In these activities much finer movement might be needed and this will be required for playing an musical instrument. As from this early age girls just might have started some signs of puberty, but boys usually start this later on.12-16 years This is when boys usually start puberty where girls will have now to have regular periods. There might be a large variety in height and strength. Boys will tenders to be taller than most girls on average.16-19 years This is when young people are now classed as young adults. Most girls would of now reached physical movement. Where on the other hand boys will still grow and change into their mid 20s.Communication and intellectual development Children will learn and develop at different stages. Language is a link to learning. They pick things up from their own experiences and from opportunities that they might be given from a very early age. Both communication and intellectual development can be s eem from certain tasks, and then will show own strengths and abilities by those tasks. People will have many different ideas/ways about the learning development of the way children learn. 0-3 yearsThere have been many studies shown, that in cases children who have been neglected from an early age; who don’t spend time with adults to those who have time spending time with adults. Those children who have been neglected will find it hard to learn skills and won’t have effective communication in later life. Even though babies are unable to grasp what is being said to them.They will listen and will enjoy songs and dance movement. By the end  of their first year children will start to communicate through odd words then will start to put one and two words together. As they develop so will their vocabulary will increase quite quickly, to on average most children at this age of two will know about 200 words. When they reach 2-3 years old they will still make errors with in th e correct grammar when speaking.3-7 yearsAs children start nurseries and schools as they become more social, they will gain a wider range of encounters, by this they will start to increase the number of parses that are well known and expressing. As they develop more they will start to ask a lot of questions such as â€Å"why† and â€Å"what†. Talking in past and further tenses will become easier and will be spoken with more confidence. And will look for approval from adults when starting a task.7-12 years By this age children will become fluent speakers on their main language(s). Their reading and writing abilities will become more developed. They will start to deliberate ideas they may have. They will start to show learning in more abstract terms. They will start to grasp information and will start in a more intellectual way.12-18 years By this age children would be starting or already started high school and will know what they like and dislike, favourite or least fa vourite subjects at school. And more interest will be shown in these liked subjects and activities and therefore be more absorbed in these. By this age children will be getting ready to select their chosen GCSE’s and A’ levels they would like to accomplish. If young adults lack confidence this maybe with the way it is being truant. Every young adult will feel the need to belong and feel good with what they doing and within them.16-19 years This is the time that most young adults will be leaving education and will start thinking about careers or university. And from them subjects they have chosen what qualifications they have gained. In these areas of interest,  strength will still carry on to develop as they move on.Social, emotional and behavioural development To become confided independent adults, as children we learn and develop from watching and relating to others. By being social from an early age we then learn the rights and wrongs and what is normal for accept able behaviour. In order to develop they will need to feel safe and in a secure setting environment to develop into a confided strong minded adult who advises their best ability.0-3 years As from every early age babies will gain a strong bond or attachment to which they spread most time with e.g. parent or carers. Though this social development as time goes by they will want to start to do for themselves and though disturbance will or may have tantrums of some kind.3-7years Children will still continue to find their identities. They will adore starting to play with others and with using imaginative play they will then be able to socialise. It is vital that they learn boundaries and grade lines, and why they are there. Children will still long for adult approval when given responsibility.7-12years Children will start to gain long term friends and come to be more settled in these relationships. They will be able to accomplished many forms of different activities and learn to solve pro blems. As they gain more experience they will still need to be reassurance and will quickly learn to be aware of what others think of them. All children should be given plenty of praise and encouragement to help them find themselves and nurture.12-16years As children become into young adults there will be a lot of change inside and out, with various different signs of maturity and may become vulnerable. Therefore children will still need adult guidance from many ways. Even  though they are will spending more time with other peeps; they will show some signs of childish behaviour. This age group will find themselves under pressure or stress of growing up, doing well in exams at school and what will or might be expected from them. They therefore might be unaware on how to behave in different circumstances that might occur.16-19years As they leave education and entre adulthood they will require guidance from others. As they start to entre careers and jobs thy will have none or very li ttle experience. This will influence on their emotional development and will have a knock on effect to the way they interact with others. And therefore adults should understand to their needs.1.2 From a child having an ability or disability to do something can have an effect on their development as a whole. A child’s development could be slip into groups, but they interlink with one another. If a child doesn’t develop well in a subject or an area it can affect many different ones. For example if a child is overweight not only can disrupt with their physical development, it could also have a huge impact on their social and emotional. If other peers tease them about either being overweight or by not being able to do some actives, it could make them less social with making friends. Then the child could find it humiliating, embarrassing and become self-conscious and this will affect their emotional side by low self-esteem. But if a child is talented at something it could a lso affect motions of development.Physical development Social, emotional and behavioural development – Fine motor skill & hand-eye coordination – sharing mealtimes with one another – taking turnsCOOKINGCommunication and intellectual development Measuring quantities Deciding on appropriate menus Using language to describe foods Learning how food and nutrition affect growth and health Sitting down to eat together and conversing with one another2. Understand the kinds of influences that affect children and young people’s development2.1 There are many different influences that could effect on a child’s development. These developments are subjective by a range of factors such as their backgrounds, their health and their environment. All these influences will have impact on different areas.Pupils’ background and family environment Many families will go through change within a child’s time at school these may be due to arrange of different e nvironment within family life different cultures and circumstances and school maybe unaware of any changes. These may be a loss of a family member, illness, moving house or even moving to a new country. Anyone of these could have a huge impact on a child’s life by their emotional development and might have a knock on effect on their intellectual development, then this could change a child’s behaviour and to learn as a factor.Pupils Health It is important that adults to be aware of any health problems that arise. If a child/young adult suffers from poor health or as a disability or impairment. This may restrict their development opportunities. A great example is if a child is overweight due to a medical conditions might be less able to take part in some activities. This may start to affect their physical development; this will then affect social activities. The knock on effect to again emotional will also be impacted. So with adults well aware they should be aware of co nditions & circumstances and that the right amount of support can be given.Poverty and deprivation These are likely to have a extreme influence on a child’s development, it’s proven that if a child comes from a deprived background; they are less likely to achieve well in school. They might find it hard due to lack of opportunities due to parents finding it too hard to manage their needs. By this it will have a turn on impacting on all areas of their development, or lack of it, by this the child will respond differently to situations than others.Personal choices As children turn in to young adults they will start to make their own choices on life, friendships and activities and so on. They will need advice and support from adults to enable then to make the right choices that are right for them.Looked after/ care status If a child is in care, this will have an impact on their development in many different ways. Each child should be monitored closely for any change by hav ing regular meetings. This is too able to meet their needs of that child. And to make sure they are making expected levels of progress. For where any concerns that arise they can be addressed straight away.Education Children learn at different stages; but some children may start school without any previous education. Alternatively that child may come from home schooling environment or maybe just a different way of schooling altogether. Therefore the way o child could be taught can be very well different. So as a result that child may need some extra support till they have settled in.2.2 Anyone who works with or raises children, they need to have a solid understanding of a child development and what makes that child tick. As it is very important to know what is normal for that child and what’s not. By looking out for any problems, we will be able to offer the care and support  needed to get that child back on track. For example, if a child is suffering from a break up in the family; it can be very stressful for that child and this could have an influence on their development as they could become very upset, lash out, could stop eating or could stop talking altogether.It is at most importance that the child feels they’re not at fault. There is certain problem that arises that needs to be disclosed with the school so that safety, integrity and respect on how the issue might impact on the child. In effect is to be proactive to let the child’s teacher know the following problems can stave off more severe issues, that including behaviour problems, poor grades or having difficulty to adjust to the situation the child’s family will be facing. The teacher should inform the child’s parents/carers of any concerns they feel they might have. The sooner the parents are aware the easier it will be to step in and help given any additional support that may be needed.3. Understand the potential effects of transitions on children and young pe ople’s development.3.1 Most children/ young adults may experience transitions. This may be long or short term. Transitions is known as a significant stage or experience in the life this could have an effect on their behaviour and development. Some children go through transitions when starting school for the first time or changing from one school to another, moving house can also have an impact on the child, in that they will have to make new friends. Many children make these transitions without prior personal experience. This can seem appear to them as a daunting list of ‘firsts’. For example a child’s first day at nursery or school; first night away from mum and dad etc. All these could affect the different areas of development.3.2 Sometimes transition can happen that can’t be prepared for, and it is important that the school have polices and carry out the right procedure for dealing in these seduction. If there isn’t a procedure to follow t hat it can be quite different to deal with. Sometimes it can be over looked when the  school is informed of any changes; but if we notice any changes within a child who is behaving uncharacteristically it is important that others are informed. Bereavement can have a huge impact on a child, Even if it is expected. Again the right procedure needs to be followed. Parental separation is likely to happen to a child at the school.And we will need to be sensitive when speaking to parents about this and the effects its having on the child. If a new member is being introduced, or if the amount of contact with a parent changes, this can also have a big impact on the child. Again sensually is required again when speaking about this matter. New siblings – this can found to be difficult to cope with. Emotional and behavioural development can change due to vying for parental attention, maybe for the first time.Moving house – a child can find moving house to an unknown school or ar ea to be very upsetting. It is likely that additional support should be given to help settle them. Change of carer – if a child that as moved a number of times this could again be upsetting and the child can become unsettled if they have a change of a career. The school should have both support and advice needed from social services. They both will need to work closely to help support that child. Illness or injury – we need to come to term with it and any changes in circumstances, even though these could be their own or loved one.3.3 It would be great if any advance notice could be given if a child/ group will be going through a transition so that the right opportunity to support them when or how needed. Some find it important to talk to people about their feeling during these periods by having positive relationships available. A child or group of children that are going through a transition may experience different ways. This may be:Become attention seeking Show signs of uncharacteristic behaviour Be very anxious Become quite and withdrawn If a child doesn’t receive any support other development could also be affected; by social and their emotional development. Children could find some transitions potentially traumatic.

Culture and Anthropology

Evidently culture is difficult to be defined from a single definition. E. B. Tylor, in 1871 described culture as â€Å"that complex whole which includes knowledge, belief, art, law, morals, custom, and any other capabilities and habits acquired by man as a member of society† this explanation however, is just a wide collection of different categories that all combined together give rise to the term. A much more accurate term of culture is the one suggested by Ralph Linton, as â€Å"the configuration of learned behavior and results of behavior whose component elements are shared and transmitted by the members of a particular society†. In this term we observe an obvious behaviorist approach which connects culture with the concept of learned behavior and more precisely with the importance of language. Finally Victor Barnouw, based on the previous behaviorist definition, names culture as â€Å"the way of life of a group of people, the configuration of all of the more or less stereotyped patterns of learned behavior which are handed down from one generation to the next through the means of language and imitation† (Victor Barnouw, 1963). Throughout investigating various definitions of culture we accomplished a correlation between learning (mostly through language) and enculturation. Enculturation is a lifelong unconscious process and each child learns the language of its community by imitation, instruction, and from the verbal behavior of others. The capacity of human beings to enlarge and transmit complex cultural patterns is dependent upon language. Then the idea of learning a language is equivalent with the idea of learning a culture. In most of the cases, no individual is aware of all the elements that create his culture but by the time he is grown, he has most probably learned the universal beliefs shared by the members of his community. Cultures vary from the importance they put on formal education as opposed to informal learning. Formal education is present in complex societies with the form of teaching institutes; nevertheless informal education is present within the family and peer group that have equally important role in enculturation. In addition to the importance of language, many societies give great significance even in the vocabulary used by very young children. Charles Ferguson has made a comparative study of infant talk in various societies and the results were fascinating similarities in phonology and morphology as well as the repetition of syllables (â€Å"bye-bye†, â€Å"pee-pee†). The most important reason why anthropologists should study young children’s speech is because it indicates a great deal about the child’s world, as well as its cultural perspective (Philip K. Bock, 1974). From the wide-ranging area of culture to the much more defined function of language, the sphere of research around the study of a particular group of people within the same boarder lines of a city is easier understood if the researcher (anthropologist) concentrates the interest of his attention, around a variety of traits with a common base the formal teaching or the informal learning from the inner community, always through the usage of language as an unconscious procedure. When you live in city like Athens and in general into a comparatively small country like Greece, an idea of universality is created in the individual. This might be the result of the modern-informational ages we are living or the outcomes of globalization that puts pressure on the individual to think always â€Å"big† and fast and not to stop in small details or differences. But in the end, those small differences compose our everyday lives and our everyday morality and finally time is needed to reveal those differences that the most of us wrongly take for granted.

Skills for Life Assessment and Learning Guidance Essay Example

Skills for Life Assessment and Learning Guidance Essay Example Skills for Life Assessment and Learning Guidance Essay Skills for Life Assessment and Learning Guidance Essay Please note that this content is based on the Skills for Life Assessment and Learning guidance booklet Initial and diagnostic assessment a learner-centered process. The original booklet can be found at: http://sflip.excellencegateway.org.uk/assessment/assessmentguidence.aspx. This adapted version is part of the Being functional resource which builds on effective practice to support the planning and delivery of functional skills. For more information, go to www.excellencegateway.org.uk/beingfunctional. What is an initial and diagnostic assessment? Initial and diagnostic assessment begins the process of getting to know learners and building a relationship with them. Initial assessment happens at the time of a learnerâ„ ¢s transition into a new learning programme. It is a holistic process, during which you and the learner start to build up a picture of their achievements, skills, interests, previous learning experiences and goals, and the learning needs associated with those goals. This information is used as a basis for negotiating a course or programme. Diagnostic assessment helps to identify specific learning strengths and needs. It determines learning targets and appropriate teaching and learning strategies to achieve them. This is important because many learners have higher-level skills in some areas than in others. Diagnostic assessment happens initially at the beginning of a learning programme and subsequently when the need arises. It is related to specific skills needed for tasks. The two processes are closely linked: diagnostic assessment adds to the information gathered from initial assessment. Together they help you and the learners to use this information in order to: * personalise learning; * develop individual learning plans; * begin the process of assessment for learning that will continue throughout the learnersâ„ ¢ programme; and * make links to progression routes and prepare for the next steps. A positive experience Initial and diagnostic assessment can be among learnersâ„ ¢ first experiences of your organisation and will influence their early impressions. If the experience is positive, active and involving, this will help to create a climate in which learners are able to negotiate and take responsibility for their learning. You can help make the experience positive for learners by: involving them â€Å" do the assessment with themâ„ ¢ not to themâ„ ¢; helping learners to take an active part will encourage motivation and independence; building their self-esteem and sense of self-worth; recognising their strengths and achievements, not just their weaknesses; linking initial and diagnostic assessment to their own aspirations, such as their career choices or aspects of their everyday lives; taking the opportunity to discuss issues such as cultural perceptions, learning difficulties or disabilities that might form barriers to success and lead to career stereotyping; using active listening skills to foster an atmosphere of mutual respect, build relationships with learners and make each learner feel valued; encouraging and establishing a level of trust so that issues for learning can be discussed openly, in context, and dealt with constructively; and making the assessment relevant to their specific context for learning, which will enhance their confidence and self-esteem. Initial and diagnostic assessment: methods and approaches Initial and diagnostic assessment should involve a range of methods and approaches, none of which is sufficient on its own. It is important to evaluate the quality of information obtained from particular methods. Once you have begun to get to know the learners and their learning preferences, you will be better able to select the appropriate assessment methods. The diagram below shows a range of possible methods. Adapted from The initial assessment toolkit (Key Skills Support Programme, 2007). Documents and records give evidence of achievements and include qualifications, records of achievement, references, non-academic certificates and awards. Self-assessment gives learners some idea of where their strengths and weaknesses lie. It is vital to take learnersâ„ ¢ own views into account and to make the most of this knowledge. Discussions and interviews allow teachers and learners to get to know each other. They also provide an excellent opportunity to feed back the results of other assessment methods and to probe more deeply. Assessment tools can play an important role in objective initial and diagnostic assessment of functional skills. Tools are also sometimes used to assess occupational skills and learning difficulties and/or disabilities. Structured group or individual activities during induction and early parts of the programme allow learners to apply specific skills. A free writing task, for example, gives a rounded picture of how someone actually writes. Such a task also helps to put learners at the centre of the assessment process because they can write about themselves and their interests. Observation gives a broader picture of the whole person and how they perform in a range of contexts. This will give insights into learnersâ„ ¢ strengths, how they work with others, how they think, how confident they are and how willing they are to ask for help. Try this: 1.Make the assessment relevant to learnersâ„ ¢ context and interests. This may mean planning activities or using assessment tools related to learnersâ„ ¢ vocational areas or everyday interests. Providing a context for the assessment helps the learners to see how skills can be transferred. 2.Gather information from activities that learners carry out in other parts of their programme. For example, you can: a.observe them on a work placement; b.use examples of their writing to assess their skills. 3.Select a blend of assessment methods to suit individual learners and their circumstances. Tools for assessing functional skills/Skills for Life Tools that have effectively supported the assessment of Skills for Life could be adapted to provide support for assessing functional English and functional mathematics and incorporate functional ICT. It is important that the following points are understood. Functional skills standards should be applied and adhered to. For more information on functional skills and the standards, go to www.qcda.gov.uk or the Ofqual website at www.ofqual.gov.uk/. It is important to recognise that the levelâ„ ¢ of a functional skill is determined by a combination of factors: familiarity of the situation or problem to the learners; independence of the learners in identifying and selecting the skills they will need, and in tackling the situation or problem; complexity of the situation or problem the learners are tackling; and technical demand of the skill required. Learners whose functional English, functional mathematics or functional ICT is being assessed should be able to: consider a problem or task; identify the functional skills (whether English, mathematics or ICT) that will help them to solve it; select from the range of skills in which they are competent (or know what help they need and who to ask); and apply their skills appropriately. Any terminology used should be consistent with that of functional skills (for example, LLNâ„ ¢ should be replaced with functional Englishâ„ ¢ and/or functional mathematicsâ„ ¢, as required). Assessment may highlight areas of individual support learners may need which could enable them to achieve goals and targets agreed as part of their individual learning plans. Initial assessment tools provide information about learnersâ„ ¢ current levels of functional skills, measured against national standards. They are useful in helping to match learners to an appropriate learning programme and in directing further, more in-depth, assessment. Diagnostic assessment materials assess all aspects of functional skills. There are also materials that can be used to explore whether learners would benefit from further assessment for specific learning difficulties (such as dyslexia). Specific diagnostic tasks should be selected and used at the start of a learning programme but also regularly throughout the programme to assess particular skills as further needs are identified. Diagnostic materials help you to discuss and agree with individual learners: learning targets for both consolidating existing skills and developing new ones; recommendations about how the learner will tackle new learning; and their own priorities: for example, skills needed at work. For details on functional skills standards and tools built specifically for the assessment of functional skills, see the Want to know moreâ„ ¢ section on page 8. Who carries out initial and diagnostic assessment What skills are needed Staff who carry out initial assessment are able to: understand the whole assessment process; present it to learners in a positive and constructive way; value and engage with learners; use a variety of approaches appropriate to individual learners and their context for learning; interpret results appropriately and give professional feedback to learners; recommend learning programmes; and refer learners for further expert assessment. In addition to the above, staff who carry out diagnostic assessment can also: use the outcomes to plan individual and group learning; and monitor progress. It is important that staff involved in initial and diagnostic assessment are well trained and able to use professional judgement. A team approach ensures consistency and reliability and increases staff confidence and skills. If tools are used as part of the assessment process, staff need to have training in using them effectively. Feedback from assessment Giving timely, constructive feedback to individuals is crucial to effective initial and diagnostic assessment. Try this: 1.Stress the positive. Always celebrate what learners have done well. This helps to build confidence. 2.Seek learnersâ„ ¢ views and value their contribution. This will help them to get better at assessing their own work, which is vital to their becoming independent learners. 3.Frame questions carefully and use prompts such as Would you like to say more about thatâ„ ¢. 4.Pause for a few seconds after questions have been posed or responses have been given, to encourage learners to carefully consider and expand on what they say or have said. 5.Be specific. Avoid generalisations such as There are a lot of inaccuraciesâ„ ¢ and instead focus on individual points which you can discuss with the learners. This will enable them to set their own individual short-term targets with guidance from assessment as evidence. 6.Focus on things learners can change, and avoid overloading them with too much feedback at once. 7.Look for ways forward together. Share ideas and explore solutions rather than always putting forward your own suggestions. 8.Agree what you will both do as a result. This could include agreeing new targets or planning learning opportunities. Feedback is not a one-way process. Invite learners to comment on what you do as well. Using the data from initial and diagnostic assessment For you and the learners Information from the initial and diagnostic assessment process should be used to develop individual learning goals and targets and to inform appropriate teaching and learning strategies and use of resources. It should be recorded in the individual learning plans, session plans and schemes of work. Effective use of assessment data: makes sure that planned learning is grounded in the learnersâ„ ¢ needs and priorities; avoids learners wasting time by going over old ground unnecessarily; and reduces the risk of learners being frustrated by tasks that are beyond them. Data should be shared with all staff supporting the learners so that all learning can be differentiated to take account of their strengths and needs. It is important that where learners are following vocational pathways, vocational and functional skills staff work together to plan learning in response to the findings from initial and diagnostic assessment. This ensures that learners have opportunities to develop functional skills in their vocational context. For managers and the organisation Good initial and diagnostic assessment make a significant contribution to the overall quality of provision by: ensuring that learners are on the right course or programme; maintaining motivation; and improving learnersâ„ ¢ achievement and progression. Your organisation should require you to record assessment results on the Management Information System (MIS). Assessment data should be collated and analysed to ensure that programmes offered are appropriate for learnersâ„ ¢ skills profiles. Key messages from the assessment data relating to particular programmes should be fed back to curriculum teams to inform the development of appropriate teaching and learning strategies, so that all learners are provided with suitable opportunities to develop and progress. How initial and diagnostic assessment fit in with other assessment processes Want to know more To find out more about functional skills: www.qcda.gov.uk For support with functional skills: www.fssupport.org/ Rethinking induction (cross-curricular): http://tlp.excellencegateway.org.uk/tlp/xcurricula/index.html Rethinking induction (Engineering): http://tlp.excellencegateway.org.uk/tlp/eng/resource/rethinkinginduc/index.html Motivational dialogue: http://tlp.excellencegateway.org.uk/tlp/personalisation/md/resource/#content.php Top tips introduction If you are a manager or teacher with responsibility for teaching and learning, the curriculum or quality assurance, using these booklets will support you in planning, implementing, monitoring and evaluating high-quality assessment practices for functional skills provision. Just as in other programmes, your assessment practices for functional skills need to align themselves to the needs of learners and to help deliverers to provide the best possible advice and feedback, so that the learners are able to develop English, mathematics and ICT skills and become more aware of their skills and how they select and use these skills to achieve their educational, employment and life goals. Everything we know about good assessment can be transferred to assessing functional skills. In particular, the assessment for learning principles, which encourage learners to take a role in their assessment as a way to develop awareness and independence, are very useful to functional skills managers and practi tioners. This resource allows you to benefit from best practice in assessment using lessons from assessment for learning. The following practical tips can be used to address particular issues or development needs in your organisation. The booklets contain key messages, checklists and flowcharts that can be adapted for a wide range of audiences and purposes, such as staff/team development, working with learners, guidance notes or handouts. The booklets can be used together to support improvement at each stage and type of learner assessment: initial, diagnostic, formative and summative. The Top Tips leaflets listed below offer some practical suggestions for getting the most out of the information and guidance contained in the accompanying booklets. 1.High-quality assessment processes â€Å" guidance for managers 2.Using skills checks 3.Initial and diagnostic assessment 4.Individual learning plans 5.Assessment for learning All the leaflets can be downloaded as Word documents and customised with your own logos and text to suit your individual purposes. Please note that in the resource Being functional, numbers 2, 3 and 5 accompany CPD activity 1: Assessment for learning and numbers 1 and 4 accompany CPD activity 3: Whole organisation approach. Initial and diagnostic assessment Top Tips â€Å" some practical suggestions For staff Use the leaflet as a staff development tool, together with the initial and diagnostic assessment checklist which can be downloaded from: http://sflip.excellencegateway.org.uk/assessment/assessmentresources.aspx Tailor this to your organisation to provide a focus on what is well-developed practice and practice that needs further development. The Feedback from assessmentâ„ ¢ section on page 5 provides an effective checklist for staff involved in assessing learners. This good-practice guidance applies to giving all feedback, and you could use it in staff training â€Å" perhaps using role play. Remember that functional skills focuses on how learners select and apply their skills in context. So ensure that your initial and diagnostic assessments look at how well, how confidently and how independently learners use their skills. Allow them to comment on their confidence and how well they feel they used their skills. For learners The information can be adapted for learners to explain the assessment processes that will happen, often during induction sessions. This will enable you to tailor the information to your own organisationâ„ ¢s assessment processes. For example, the information from page 1 may be adapted to speak directly to the learner: Initial and diagnostic assessment begin the process of getting to know you and working together. Initial assessment happens when you move onto a new learning programme and helps us to build up a picture of you and your skills, interests and achievements ¦ Ask learners to comment on their skills and confidence themselves, allowing you to note their speaking skills and self-awareness while promoting their ownership of their skills and of their learning. For managers You could adapt the Using the data from initial and diagnostic assessmentâ„ ¢ section on page 6 as a memo or notice to staff, particularly at key points during programmes. The information could be used to develop staff practice in effective information sharing and underline the importance of completing and reporting such data in an accurate and timely manner. It can also raise awareness of the importance of this information in enabling managers to make decisions and to monitor systems. The Information Mapping Action Plan, which can be downloaded from http://sflip.excellencegateway.org.uk/assessment/assessmentresources.aspx provides additional resources for identifying who needs what information from assessment processes and why. The visual representation of how initial and diagnostic assessment fit with other assessment processes (page 7) could be adapted to make a poster for display in staff workrooms and resource centres. Information For staff The text of the leaflet or relevant sections e.g. Initial and diagnostic assessment: methods and approachesâ„ ¢ on page 2, could be customised to your particular organisation so that staff involved in assessment have access to up-to-date and focused information about the processes in place. Changes to systems and processes (such as data collection or use of specific tools) can then be made easily and speedily. For learners Information about your vision to ensure a positive experience of assessment for learners could be adapted from the A positive experienceâ„ ¢ section on page 1. This could be used in course brochures and programme information for parents and learners to promote understanding and good practice. This could also be used in learner feedback, allowing you to judge how positive the experience has been for learners. For managers You could adapt information on approaches, tools and data management from the following sections: Initial and diagnostic assessment: methods and approachesâ„ ¢ (page 2); Tools for assessing functional skills/Skills for Life (page 3); and Using the data from initial and diagnostic assessmentâ„ ¢ (page 6). Use these sources to create a brief summary for managers to use with a range of audiences such as governors, inspectorate, programme funders and cross-organisation sharers of information (such as diploma consortia). Used together with information from other leaflets in the series, specifically High-quality assessment processes: guidance for managers, this could provide a comprehensive overview of assessment to support effective practice and disseminate these approaches more widely. Sections on Initial and diagnostic assessment: methods and approachesâ„ ¢(page 2) and Tools for assessing functional skills/Skills for Life (page 3) could be used to develop an audit and review process for assessment materials currently in use in your organisation. This could also include protocol for evaluating potential new materials and methods supported by a reflective cycle (which might include processes support by the IfL: www.ifl.ac.uk/cpd). Examples of key prompts: What Establish key definitions and main priorities. Agree on what this means to you and your organisation and identify both positives and negatives. So what Reflect on why this is important and the impact that it could have, both on your practice and, ultimately, on your learners. Now what Explore opportunities to improve and agree next steps. Record and reflect on the steps as you take them.