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Pathway To Chartership P2C > Professional judgement, ethics and values > Flashcards

Professional judgement, ethics and values Flashcards

1
Q

Professional Practice Rule 1

A

You must deliver landscape services in ways that promote sustainable development and the environmentally responsible use of resources.

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2
Q

Professional Practice Rule 2

A

You must deliver landscape services in a manner consistent with the principles of equity, diversity and inclusion and must not unlawfully discriminate against others

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3
Q

Professional Practice Rule 3

A

You must uphold the reputation and dignity of the landscape profession and that of the Landscape Institute.

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4
Q

Professional Practice Rule 4

A

You must ensure that your landscape business is managed properly and in accordance with relevant legal requirements.

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5
Q

Professional Practice Rule 5

A

You must have appropriate Professional Indemnity Insurance covering relevant landscape services

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6
Q

Professional Practice Rule 6

A

You must only provide services you are competent to deliver

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7
Q

Professional Practice Rule 7

A

You must undertake CPD in accordance with the Landscape Institute’s requirements.

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8
Q

Professional Practice Rule 8

A

You must aim to deliver the safest, highest quality
landscape service, consistent with your professional
obligations, in the public interest and in accordance with relevant legal requirements

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9
Q

Professional Practice Rule 9

A

You must ensure there is an appropriate process in place to deal promptly and effectively with complaints about the landscape services you provide.

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10
Q

Professional Practice Rule 10

A

You must avoid conflicts of interest where possible, and

ensure they are declared and managed appropriately where they arise

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11
Q

Professional Practice Rule 11

A

You must act with integrity in your relationship with clients, other professionals, the public, and the Landscape Institute.

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12
Q

What ethics should landscape architects abide by?

A 
as set in the code of conduct 
Actively stick to the Code
Act professionally and with integrity
Observe client confidentiality
Not be discrimatory
Avoid and be transparent about conflicts of interest
Not offer or accept bribes
Accurately represent yourself and competence
Organise work with care
Be impartial between parties
Manage finances with care
Have correct insurances
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13
Q

Who do landscape architects have a responsibility to?

A 
Society, present and future
The environment
The client
Their practice & colleagues
The landscape profession & the LI
Other professional organisations
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14
Q

Why have a Code of Practice ?

A

To protect the interests of the clients, to maintain the status of the profession, to protect the public and the environment.

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15
Q

What are the objectives of the Royal Charter

A
  • Conserve and enhance the natural and built environment for the benefit of the public sustainably
  • Exercise and develop the art and science of Landscape Architecture
  • Disseminate knowledge generally and through education
  • Generally: to uphold and advance the standards of Landscape Architecture.
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16
Q

Who grants Royal Charter?

A

Privy Council. A formal body of advisers to the Royal family.

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17
Q

What is the point of the Royal Charter? Why do we bother getting chartered status as an individual and as a profession?

A

A Royal chartered body can award the protected title of Chartered Member or Fellow of the institute. The Government has a statutory duty to consult with the Landscape Institute on landscape issues. Chartered status means that a person is guaranteed as a professional by the professional body.

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18
Q

What is the structure of the Landscape Institute?

A

Board of Trustees
It has legal responsibility for the Landscape Institute, and its members are:
→ 5 Honorary Officers elected by LI members:President, Vice-President, Honorary Secretary, Honorary Treasurer, President Elect or Immediate Past President in alternate years;
→ 1 Non-Chartered Board member directly elected by LI members;
→ 3 Standing Committee Chairs (Education & Membership, Policy & Communications, and Technical);
→ 4 other Independent Trustees who may or may not be LI members, depending on the Board’s skills requirements

Advisory Council - The council’s role is to represent members and to help set the LI’s strategic objectives. Council meets three times a year, and has up to 30 council members made up of:
5 honorary officers
3 standing committee representatives (Education and Membership, Technical, Policy and Communications)
12 branch representatives
7 directly elected corporate members
2 directly elected licentiate members
1 directly elected student member.

LI standing committees
The three standing committees (Education and Membership, Policy and Communications, and Technical) advise on and help implement the main areas of the LI’s activity.

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19
Q

What is a professional?

A

→ QUSEST: Qualifications & SKills, Ethics, Standards & Trust
→ A professional person offers a service that is based on skilled technique and competency and is governed by an agreed code of conduct.

20
Q

What is the difference between a landscape architect & a landscape contractor?

A

→ Landscape Architect = Professional (QUEST. Special relationship reinforced by trust,backed by a Code of Conduct.

  1. Appropriate behaviour
  2. Do their best for the client
  3. Respect the public

→ Landscape Contractor = Potentially commercial priorities, no governing charter / code of conduct

21
Q

Is there an advantage in employing a professionally qualified landscape architect?

A
  1. Skilled and professional person
  2. Responsible agent
  3. Impartial professional
  4. Governed by a Code of Conduct
22
Q

What is the purpose of a professional institute?

A

→ Protects the status and integrity of its membership and govern its members
→ define what we stand for through the ROYAL CHARTER
→ regulates the profession
→ comment on policy

23
Q

What is the purpose and importance of the Royal Charter?

A

→ ‘To protect, conserve and enhance the natural and built environment for the benefit of the public’
→ Kitemark of quality
→ meeting tough criteria, commitment to standards and CPD
→ client reassurance -standards and robust disciplinary procedures in place of anything goes wrong
→ protects the title landscape architect- CMLI and Felllow
→ lays out objects and purposes of the LI
→ defines LA as a profession
→ Makes us statutory consultees of the Government for landscape issues

24
Q

Why do we have a code of conduct?

A

→ Source of guidance, discipline and common sense indicator
→ protects the public and the profession
→ protects the interest of the client
→ maintain the status and quality of the profession
→ principles of good practice serve LA as a whole
→ enabling the profession to thrive

25
Q

What moral obligations do LA’s have in their lives?

A

To act in accordance with the Royal Charter and the Code of Conduct such as:
→ Standard 1: have regard to the interest of the end user
→ Standard 5: act with integrity
→ Standard 11:manage personal and professional finances prudently

26
Q

Why is CPD important & how would it benefit a practice?

A

→ Why is it important?

  1. CPD is required as part of the Code of Conduct
  2. The objects of the LI state that ‘CPD is essential to the maintenance of a high standard of professional qualification and the promotion of the highest standard of professional service’

→ How does it benefit a practice?
1. Ensures Improved efficiency and consistency
2. A well managed and up-to-date office is less likely to experience claims.
3. A well-educated office is more likely to be more innovative with the backup of technical know-how
4. Reduced staff turnover
→ ISO 9001 requires CPD

27
Q

What are the key responsibilities/duties of a landscape architect?

A
  1. A skilled professional person (act in accordance of the C of C and give sound advice)
  2. A responsible agent
  3. An impartial professional (quasi-arbiter)
  4. Legal knowledge and compliance (ignorance is no excuse!)
28
Q

Who do you owe those responsibilities to?

A
  1. A skilled professional person: your profession, colleagues, clients, other professionals and the public /end user
  2. A responsible agent – the client
  3. A impartial professional / quasi-arbitrator – to the parties of the contract that you are administering
  4. Legal knowledge and compliance – Code of Conduct
29
Q

What are the benefits of QA?

A
  1. Fewer claims are likely
  2. Practice output will be more efficient
  3. More opportunities to win work; ISO 9001 compliance is a common requirement for tenders
30
Q

What alternative methods exist to appoint a landscape architect? – Briefly describe them.

A

→ LI’s Standard Form of Appointment – Landscape Consultants Appointment

  • Standardised Format, familiar to all parties, roles are known
  • Robust and proven
  • Published and approved by the Landscape Institute

→ Other Standard Forms of Appointment

  • JCLI Consultant And Contractor Appointment, JCT
  • Has the same points as above, but not tailored to Landscape Architecture

→ Client’s Standard Form of Appointment
- Will cover the same points as above, but could be tailored to suit the client’s needs - Could Potentially increase the expected level of duty of care of the LandscapeArchitect

→ Exchange of Letters
- Much more informal, no standard format although the Code of Conduct does give an absolute minimum of required information

→ Under Seal

  • As it is such a formal process, consideration is not always required for a valid contract
  • Increases the liability time from 6 years to 12 years
  • Used for very large engineering projects
31
Q

How do you prepare a fee bid when competing against other practices?

A 
Consider the following:
→  1. The Project
a. Type
b. Value
c. Stages of work and services required.
d. Additional Services required (BIM)
e. Level of appointment (consultant or sub consultant)
f. Sub consultants required as part of your fee bid

→ 2. The Landscape Architect’s Organisation

a. Overhead costs:premises, heat , light
b. Salary costs: pay, pensions
c. Finance costs:loans/interest payments/insurance
d. General office supplies
e. Profit margin

→ 3. Can look to similar previous bids for a guide

32
Q

Quite often briefs for fee tenders from private sector clients may have very little information. How might you ensure the potential client knows what is included in your tender?

A

→ Technical Submission

  • Response to the brief
  • Relevant Experience
  • Proposed design team/team skills
  • Practice Quality
  • Proposed Methodology
  • Scope of services/Programme
  • Conditions of Appointment

→ Fee Proposal

  • Usually as a lump sum (with payment stages)
  • Breakdown of anticipated stages of work, time allocated and fees
  • Exclusions/T&Cs
33
Q

What are the main methods of confirming an appointment?

A
  • Code of Conduct requires you to always confirm appointments in writing
  • LI Standard Form of Contract – LCA
  • Other Standard Forms of Contract e.g CIC consultants contract or JCLI homeowners consultancy agreement
  • Client’s Standard Form of Contract
  • Exchange of Letters
  • Under Seal
34
Q

What are the legal implications of acceptance/confirmation of appointment?

A
  • A legally binding agreement between two parties that can be remedied through the law if breached
  • Once there has been acceptance and confirmation, contract has been formalised; conditions of contract are applicable and there is a contractual relationship
  • Reinforced by an assurance of special professional competence and the Code of Conduct
  • If contract breaks down, the client can sue the LA for
    →Professional Negligence (lack of reasonable inspection, negligent design)
    → Tortuous Negligence (breach of duty of care)
  • LA can sue client for breach of contract e.g. unpaid fees
35
Q

How do you deal with non-payment of fees?

A
  1. Refer to your contract, you should have agreed to your terms in writing (Standard 8); dispute resolution will be set out in the Conditions of Appointment: mediation- adjudication- arbitration- litigation
  2. Statutory demand: This gives a person 21 days to pay the debt. If this period expires and the debt remains unpaid, the demand can be followed by a bankruptcy petition
  3. can suspend services Housing, Grants, Construction and Regeneration Act 1997: sum specified on payment notice must be paid
  4. Non-payment is a breach of contract and can be upheld by the court
  5. There is a statutory right to suspend services for non-payment of fees
  6. Prior to this, the firm may issue a payment reminder to the client - to maintain good client relationship. will give clients 30 days after the final invoice to pay; after this time period has lapsed, the finance director will issue a formal letter
36
Q

What is the difference between sub-consultants and other consultants?

A

Does not have a direct relationship or contract with the client; reports to and is paid by one of the consultants e.g. arboriculturalist employed by the landscape architect

We have a standardised sub consultant agreement. Use SCs that we have a good working relationship with.

37
Q

What are the services that a landscape architect can offer a client?

A 
Set out in the Royal Charter and the Landscape Consultant’s Appointment and include;
→ landscape design, 
→landscape master planning,
→ LVIA, 
→ landscape planning, 
→ landscape management, 
→ landscape contract and maintenance, 
→stakeholder engagement.

There is also an LI Guide for Clients that illustrates the types of work LAs are involved in and the benefits it brings.

38
Q

What other insurances are there? (4)

A

Employers liability insurance
Public liability (third party) insurance
Motor insurance
Building and contents insurance

39
Q

LI remit, governance and structure

A

Remit: promoting the arts and sciences of landscape architecture.
Governance and Structure
Run by staff incl.:
1. Chief Exec Team
2. Policy and Communications Department
3. Education and Membership Department
Governed by:
1. Board of Trustees (legal responsibility)
2. Advisory Council (members’ representation)
3. Standing Committees

40
Q

How to identify client requirements and expectations? How can this be different when working as an employee of different types of public and private organisations?

A

Through the formulation of a design brief accepted by the client.
In the private sector it tends to be developed by the consultant team, whereas in the public sector it is usually developed by the client

41
Q

What types of information might need to be conveyed to the client at the beginning of a project?

A

Objectives and functional and operational requirements of the finished project (as the design brief).
Estimated completion date
Stages of the project and overview of the programme
Advice on clients responsibilities under CDM

42
Q

How you might deal with unrealistic or inappropriate client expectations?

A

Provide professional advice

Prepare a detailed brief which will be accepted in writing by the client

43
Q

Explain how to maintain a good relationship with a client throughout the life of a project

A

Give regular progress updates to make sure the client is well informed at all times
Provide services in a timely and professional manner according to the conditions of the agreement

44
Q

How to identify and engage all necessary stakeholders of a project? How to establish their requirements and expectations?

A

Establish a contact list of all parties actively involved in the project
If the project is private all the users should be identified through client interview
If the project is public user analysis should be conducted
Requirements and expectations should be established through extensive research, interviews and public consultation.

45
Q

Explain how to maintain a good relationship with stakeholders and avoid conflicts

A

Involve the stakeholders in the formulation of the brief and consult them on key decisions that might impact them
Avoid nuisance and always give appropriate notice

46
Q

Describe the ways in which the public can be informed and engaged in projects.

A

Community exhibition, consultations and website presence

Publications in local newspapers and bulletins and via amenity and residents’ association groups.

47
Q

What are landscape professional liabilities and duties of care?

A

Liabilities:
in contract (e.g. breach of contract)
statutory (e.g. under Planning legislation or Health and Safety legislation)
vicarious (for employees)
as a professional (e.g. exercise of reasonable skill and care)
in tort (negligence, libel, nuisance, trespass) .

Duty of care: exercise reasonable skill and care in the provision
of services suitable for a professional, incl.
survey
design
inspection
financial advice

Pathway To Chartership P2C (9 decks)

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