Meaningful Consultation Research Articles

Social inclusion and choice for adults with learning disabilities: Some lessons from reprovisioning

Based on a study of the relocation of adults with learning disabilities from a local authority hostel to individual and multi-occupancy tenancies, this article argues that well-intentioned reprovisioning policy initiatives struggle to strike a balance between imperatives concerned with managing the state's duty of care, realising social inclusion and securing the rights of individuals. Protracted implementation and changes to the timetable contributed to tension between speed and meaningful consultation and adversely affected the perceived reliability of information. Many residents, staff and relatives were neither clear about the reasons for change, nor were supportive of it. Initial scepticism amongst staff and relatives changed over time to appreciation of the value of the move and frequency of contact between tenants and relatives remained relatively stable. However, the shift from unit-based management to that of dispersed tenancies put staff autonomy, support and supervision under scrutiny. More fundamentally, the choices available to users were restricted to matters of daily living and routine and few staff felt enabled to support them to take full advantage of the move.

Communicating with Communities about Emergency Research

The challenge of effectively communicating with communities about research is particularly salient for investigators who are conducting emergency research with an exception from informed consent. The authors discuss the ethical basis for the community consultation requirement and describe the nature and extent of the consultative process required to achieve these ethical purposes. The findings of the consensus conference are summarized as follows. 1) The requirements for community consultation and public disclosure for exception from informed consent studies serve important ethical purposes and should be retained. 2) Community consultation allows investigators and institutional review boards to obtain input from the community regarding planned research. The process serves to facilitate understanding, promote trust, ensure justice, and protect research participants. 3) Community consultation is a process that requires active participation by community members; however, it does not require their approval, consent, or consensus. The practical challenges involved in conducting meaningful community consultation are also discussed: defining the community and its appropriate representatives, methods to actively engage the community, the lack of uniformity among institutional review boards in required community consultation activities, and the lack of measures to evaluate the adequacy and appropriateness of community consultation. The recommendations of the consensus conference regarding future research about community consultation are summarized. Priorities include identifying best practices; defining effectiveness and developing measures to evaluate community consultation; evaluating alternative models and potential infrastructures to facilitate, conduct, and/or oversee effective community consultation processes; and developing educational modules for community members to empower their active participation in discussions about emergency research in their communities.

The New UK Corporate Rescue Procedure - The Administrator's Duty to Act Rationally

The corporate insolvency elements of the Enterprise Act 2002 attempt to revitalise the 'rescue culture' in the UK. At the core of the new administration regime introduced by the Act lies a statutory list of objectives available to the administrator, the Insolvency Practitioner presiding over the insolvency proceedings. The insolvency proceedings must be directed towards the pursuit of one of these objectives. The list consists, roughly, of the attempt either to rescue the company, or (some of) its business as a going concern, or the liquidation of that business piecemeal for distribution to creditors. The aim of this paper is to consider the standard by which the administrator will be judged in making his choice about which of these objectives to pursue. In particular, how broad is his discretion to choose, and to what extent (if at all) is this discretion subject to legally binding requirements? The paper argues that, in settling upon the correct objective for an administration proceeding, the administrator owes the distressed company fiduciary obligations. These obligations are shaped by the administrator's statutory duties not unnecessarily to harm the company's creditors as a whole, to act in their interests as a whole, and to perform his functions as quickly and efficiently as is reasonably practicable. In making the selection, the administrator is under the duty to act rationally, which requires him to inform himself of all the facts and factors reasonably available to him that are relevant to his decision, and to act only after taking into account all relevant but no irrelevant considerations. The paper compares the nature of the administrator's role with that of administrative (i.e. public) decision makers. In particular, it highlights the administrator's duty to explain his reasons for pursuing lower priority objectives, and to consult creditors about his decision. Given that meaningful consultation requires arming the consultees with all the information reasonably available which bears upon their decision, and given that this requirement for the administrator to account for his decision is explicit in the statutory text, we suggested that the decision is likely to be subject to fairly intensive review if challenged.

Aboriginal forestry in Canada

Many factors influence forestry in Canada; one gaining prominence is the practice of Aboriginal forestry. "What is Aboriginal forestry?" and "What are the driving forces behind Aboriginal forestry advancement?" are questions that are addressed in this paper. Aboriginal forestry can be seen as sustainable forest land use practices that incorporate the cultural protocols of the past with interactions between the forest ecosystem and today's Aboriginal people for generations unborn. Aboriginal forestry combines the strengths of current forest management models with traditional cultural Aboriginal forest practice. Aboriginal forestry practice is more than just following a prescription outlining when, where, and how to harvest, but prescribes how a respectful relationship with the natural world can be developed. There have been several factors driving Aboriginal forestry: forest certification, landmark court cases on Aboriginal rights and title, meaningful consultation and accommodation of potential infringements upon Aboriginal rights, modern treaty-making processes, and modern comprehensive and specific claims and treaty land entitlements. These lead to greater recognition and involvement of Aboriginal people in forestry. Key words: Aboriginal forestry, traditional ecological knowledge (TEK), community consultation, forest certification systems, forest management planning, Aboriginal forest values, Aboriginal worldview, Aboriginal and treaty rights.

THE CHALLENGES OF ENVIRONMENTAL MANAGEMENT IN 2003—A REVIEW OF REGULATORY, SUSTAINABILITY, AND MULTIPLE STAKEHOLDER INTEREST ISSUES

Following the uncertainty created by the introduction of the EPBC Act in 2000, a new regime of public environmental assessment of petroleum projects was successfully established by the regulatory agencies and the petroleum industry.Sustainability of developments, multiple stakeholder interests and meaningful consultations, are the current challenges in accessing new areas for exploration and development.

Across the great divide: discussing the undiscussable

Recently, the career changes and challenges facing managers have gained almost critical mass. From modernisation to The NHS Plan, from the Learning from Bristol report to Shifting The Balance Of Power, it seems the only constant is change. Change which will make or mar the NHS' future. How well conceived are the new plans? Is there meaningful consultation? What will be the effects on the future career of managers? Is there a forum for dialogue and discussion, when new ideas are felt to be unwise, ill-founded or just plain wrong? Can managers feel free to speak out if they wish? In a desire to see these questions given due attention, British Journal of Health Care Management has asked a range of experienced figures to voice their concerns. A commentary on these views is given by respected US health care academic Professor Ted Marmor (who will give December's Rock-Carling Lecture).

Missile defence and the transatlantic security relationship

This article examines the re-emergence of ballistic missile defence (BMD) as a contentious issue in US-European security relations since 1999. It begins by outlining three phases in the recent evolution of US missile defence policy from 1995 to mid-2001. The article then examines five key factors that have dominated European views and concerns in relation to BMD: a divergence between European and American assessments of the emerging ballistic missile threat; concern over the implications for nuclear arms control stemming from Russian and Chinese opposition to BMD; the impact of missile defence on deterrence and the Atlantic alliance; scepticism about the technological feasibility of BMD; and the potential opportunity costs associated with resource allocation to missile defence. It is shown that European anxieties have been exacerbated by a perception of a growing unilateralism in American security policy in recent years. The article proceeds by arguing that the US-European debate over BMD looks set to evolve in one of two directions. The more likely and most desirable scenario would involve the US reaching an understanding with its European allies on the way forward. The less desirable scenario would involve key European countries, such as France and Germany, deciding ultimately to withhold their political support for BMD, which would have the potential of causing significant rifts in both transatlantic and intra-European security relations. In both cases, it is argued that the BMD debate will be defined by the interaction of several key variables. These include the extent to which the Bush administration engages in meaningful consultations with the Europeans; the administration's ability or otherwise to reach an agreement with Russia on the way ahead; the architecture options of a future allied or global BMD system; the related issues of technological feasibility and financial cost; and the evolving missile threat.

The local agenda 21 issue commission in bath and North‐East Somerset: Review of a community consultation exercise towards sustainability

Local authorities in the UK have come under renewed pressure from central government both to adopt Local Agenda 21 and to advance participative democracy. In late 1996/early 1997, the (then) new unitary authority of Bath and North‐East Somerset Council set up a Local Agenda 21 Issue Commission to review its ‘sustainability’ performance and policy development practice with the direct involvement of the community. The way in which the commission was conceived and conducted resulted in difficulties in identifying and carrying out its task. Nonetheless, it kick‐started significant steps towards LA 21 within the council, and provided valuable insights into LA 21 implementation, and the nature of meaningful consultation.

DOD and tribal partnerships: Developing a resource for consultation with the five civilized tribes

AbstractLand managers on Department of Defense (DOD) installations are responsible for identifying Indian tribes affiliated with DOD lands and consulting with tribes about natural and cultural resources management and protection. This article discusses a current project, funded by the Legacy Resource Management Program, being conducted by the U.S. Army Construction Engineering Research Laboratory in partnership with the Native American Graves Protection and Repatriation Act (NAGPRA) Committee of the Intertribal Council of the Five Civilized Tribes that proposes to study tribal affiliation with DOD lands in the southeastern United States. The article argues that such studies are a necessary first step in laying the groundwork for meaningful consultation with Indian tribes.

Coming full circle: The department of defense, American Indians, and Alaska natives

AbstractAs we move into the twenty‐first century, it is appropriate that the Department of Defense (DOD) has come full circle in its relationship with American Indians and Alaska Natives. Our evolution from adversary to partner culminated in the newly announced American Indian and Alaska Native Policy. This policy promotes the development of a government‐to‐government relationship between the DOD and federally recognized tribes and calls for the implementation of meaningful consultation and communication with tribes. The new policy also mandates that DOD be proactive in protecting tribal cultural and natural resources, and it is particularly strong in committing the agency to fulfilling its trust responsibilities to tribes. This was not always the case.

Baggage Taken Ashore: The Outlook of Senior Waterfront Management in the 1950s

Strategic choice by management has attracted much attention in recent years. This paper lends weight to those scholars who have called for a 'culturalist' under standing of management behaviour. It looks at the inefficient use of waterfront labour in the 1950s and at the rigid refusal of senior waterfront management to engage in meaningful consultation with their employees or their union. Among the key factors determining top managers' approach was a common, anachronistic mindset resting on a pervasive seagoing culture which defined any shore-based activity as a second-rate derivative of the shipping industry. Although ships were often loading or unloading in port for longer periods than they were at sea, stevedoring remained for top management an inferior activity that seldom re ceived first call on their strategic thinking. The traditional maritime culture also made for a naive, authoritarian approach to labour-particularly among senior management in the major domestically-owned shipping group in Australia.

Aboriginal Education & Innovation

All of us in the broad field of Aboriginal education – teachers, aides, administrators – are innovators. For the first time there is an effort being made to modify the school system to cater for the needs and interests of Aboriginal students and parents – individualized treatment, bilingual teaching, meaningful consultation with the Aboriginal community, new studies in Aboriginal culture and Australian history. Seminars and teacher training, consultation on books and curriculum in preparation, provision of special resource teachers and Aboriginal teacher aides and a number of initiatives begun at individual schools by resource teachers and teacher aides themselves, are the means of change.Innovation brings difficulties for the innovators, whatever field it is in. It is rare for new ideas to go into practice smoothly, because new ideas generally replace old ideas and old, established ideas have their followers. Quite often there will be a vested interest involved. Vested interests in education do not often involve money or profits but they do involve time and effort, and sometimes reputations. People don’t like hearing that some practices or beliefs they have spent great effort in developing, or learning, are now regarded as obsolete. So they resist. They resist change. To be able to handle such people is just one of the extra demands made on innovators. It calls for patience, the ability to remain firm in your own beliefs while trying to win people over. It calls for flexibility in your own plans where discussion reveals shortcomings.Innovation also means an increased workload. Explaining to teachers, principals, students, parents and curriculum developers takes time. Preparing submissions takes time. Drawing up detailed action plans for any education program takes time. As education is funded by government and as innovations create interest among colleagues, report writing becomes part of the job – far more than when well-known practices are being followed. Finding solutions to problems which arise along the way takes more time than usual because there are no precedents to follow.

Consultation on a pediatric surgical ward: creating an empathic climate.

Meaningful consultation to a pediatric surgical service must occur within an emotional climate that supports the consultative process. This paper examines the intangible qualities inherent in such a milieu and the consultant's role in structuring an atmosphere in which one's consultative skills can be utilized effectively.

The Psychiatric Consultation

Eighteen coauthors contribute 215 pages of text, a method which readily invokes repetitiveness and, on occasion, contrary views. Thus, Aldrich regards the first year of psychiatric resident training as an appropriate period for the consultation service, while Schwab recommends the second year. My experience indicates that the first year resident lacks the necessary knowledge and ease in the field to perform a helpful or meaningful consultation. Consultations with the clergy, courts, industry, school, college, and government, welfare, or community agencies constitute some of the significant chapters. Although each of these areas presents some particular problems, the necessity of such fragmentation of discussion seems somewhat dubious. The material on education and training in psychiatric consultation emphasizes the uniqueness of this function and implies that many psychiatrists, though well trained in diagnosis and therapy, may be deficient in this specific skill. Do I hear any protests? Pollack's material on "Psychiatric Consultation for