LAW06040 2022 Principles of Law

General Details

Full Title

Principles of Law

Transcript Title

Principles of law

Code

LAW06040

Attendance

80 %

Subject Area

LAW - Law

Department

SOCS - Social Sciences

Level

06 - Level 6

Credit

05 - 05 Credits

Duration

Semester

Fee

€

Start Term

2022 - Full Academic Year 2022-23

End Term

9999 - The End of Time

Author(s)

Deirdre McCaffrey

Programme Membership

SG_HSOCI_H08 202200 Bachelor of Arts (Honours) in Social Care Practice SG_WSOCI_B07 202200 Bachelor of Arts in Social Care Practice SG_WSOCI_H07 202200 Bachelor of Arts in Social Care Practice SG_HSOCP_H08 202300 Bachelor of Arts (Honours) in Social Care Practice SG_HSOCI_H08 202300 Bachelor of Arts (Honours) in Social Care Practice SG_WSOCI_B07 202400 Bachelor of Arts in Social Care Practice SG_HSOCP_H08 202400 Bachelor of Arts (Honours) in Social Care Practice SG_WSOCI_H08 202500 Bachelor of Arts (Honours) in Social Care Practice

Description

This module is intended to further familiarise students with key aspects of law relating to social care practice. In particular, it attempts to disentangle the law pertaining to disparate functions performed by social care practitioners in the context of accountability to the service user. Since accountability to the service user is a core component of the module, learners will gain knowledge in how to exercise a professional duty of care when discharging their legal duties in the workplace. Health and safety law is also a key aspect of the module. Principles and concepts of privacy, data protection and freedom of information are also explored.

There has been an increase in the body of disability-specific international conventions and domestic measures enacted in recent years, therefore, the participation of disabled people in society will be given consideration as awareness of these measures by the social care practitioner is imperative to enable the service-user become empowered and socially included through, for example, independence, right to autonomy and participation in public life. The nature of equality and legal efforts to combat discrimination in the provision of social services and the workplace will also be evaluated.

An awareness of the significance of human rights as set out in international and domestic laws including the fundamental rights set out in the Constitution will constitute a thread running throughout the module.

The module maps to the CORU Standards of Proficiency as follows:

Domain 1: Professional Autonomy and Accountability
Domain 2: Communication, Collaborative Practice and Team-working
Domain 3: Safety and Quality
Domain 5: Professional Knowledge and Skills

Learning Outcomes

On completion of this module the learner will/should be able to;

Apply the key principles of the tort of negligence to hypothetical situations as a means of preventing injury or damage to the service use (Domain: 1.1, 1.5, 1.6, 1.9, 1.17, 3.7, 3.12, 3.13, 3.14, 5.2, 5.3)

Become familiar with a risk assessment and safety statement as required under health and safety law. (Domain: 1.1,1.5,1.6,1.9,1.17,1.20,3.7,3.12,3.13,3.14)

Apply international and domestic human rights of persons with disabilities, notably in the areas of accessibility, autonomy and social inclusion. (Domain 1.1, 1.3, 1.5, 1.8,1.9, 1.16, 2.9, 5.1, 5.2, 5.3, 5.14, 5.15)

Examine how rights relating to privacy, data protection and freedom of information impact the social care landscape (Domain 1.1,1.5, 1.6, 1.9, 1.10, 1.13, 1.17, 5.3)

Assess the role of international and constitutional law in the identification, articulation and protection of fundamental/human rights. (Domain 1.1, 1.5, 1.13, 5.2, 5.3)

Teaching and Learning Strategies

This module will require the learner to take an active role in their learning experience. This will be facilitated by the delivery of a mixture of lectures and tutorials. The module is designed to accommodate face to face and blended learning. Students will have the opportunity to learn by engaging with a diverse range of methods including case studies, problem solving, discussion, peer learning and guest lecturing. The student will be expected to be competent to avail of digitally enhanced pedagogy.

The teaching and learning strategy will be reviewed annually, updated and adjusted accordingly.

Module Assessment Strategies

Case studies, assignment questions and closed book exams will form the main basis of the assessment strategy in this module.

Assessment One: 50% - Case Study based on knowledge of core concepts and principles of law allowing the learner to understand and apply their legal responsibilities in hypothetical situations in order to connect with their social care professional identity.

Assessment Two: 50% - The learner will complete a series of short answer type examinations held over the course of the semester. To accommodate this type of assessment, the learner will first be provided with a comprehensive list of questions related to the myriad of areas of law comprising the module. The learner will then be examined on a selection of these questions in an in-class closed book examination forum.

The module’s assessment strategy allows for assessment of CORU Standards of proficiency as follows:-

In Class - Exams - 50% (Domain 1.1, 1.3, 1.5, 1.6, 1.8, 1.9, 1.10, 1.13, 1.16, 1.17, 2.9, 5.1 5.2, 5.3 5.14, 5.15)

Case study (Domain 1.1, 1.5, 1.6, 1.9, 1.17, 3.7, 3.12, 3.13, 3.14, 5.2, 5.3,)

Repeat Assessments

Repeat assignments will follow format as set out under assessment strategies

Indicative Syllabus

Indicative syllabus

1. Apply the key principles of the law of tort of negligence to hypothetical situations as a means of preventing injury or damage to the service user.

Negligence - duty of care, breach of duty and injury; contributory negligence; vicarious liability; defences
Occupiers liability
Professional negligence

2. Become familiar with a risk assessment and safety statement as required under health and safety law.

Overview of the Safety, Health and Welfare at Work Act, 2005 and related statutory instruments
Risk Assessment
Safety Statement

3. Apply international and domestic human rights of persons with disabilities, notably in the areas of accessibility, autonomy and social inclusion.

International law - The United Nations Convention on the Rights of Persons with Disability (UNCRPD);
Domestic law - National Disability Strategy- Disability Act, 2005, EPSEN Act, 2004; Citizens Information Act, 2007
The Assisted Decision Making (Capacity) Act, 2015

4. Examine how rights relating to privacy, data protection and freedom of information impact the social care landscape

Art 40 and unenumerated right to privacy
General Data Protection Regulation (GDPR) 2016 and Data Protection Acts (domestic)
Freedom of Information Act, 2014

5. Assess the role of international and constitutional law in the identification, articulation and protection of fundamental/human rights

What are human rights/history; international and domestic; application to social care practice
Article 40 - enumerated rights (including rights to life, expression, assembly and association)
Article 40 - unenumerated rights (including rights to fair procedures, privacy, bodily integrity, health)

Coursework & Assessment Breakdown

Coursework & Continuous Assessment

100 %

Coursework Assessment

	Title	Type	Form	Percent	Week	Learning Outcomes Assessed
1	Case study	Project	Assignment	50 %	Week 5	1,2
2	In Class Exam	Project	Closed Book Exam	50 %	OnGoing	3,4,5

Full Time Mode Workload

Type	Location	Description	Hours	Frequency	Avg Workload
Lecture	Lecture Theatre	Law lecture	1	Weekly	1.00
Tutorial	Flat Classroom	seminar activities	2	Weekly	2.00
Independent Learning	Not Specified	Independent Learning	3	Weekly	3.00

Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Required & Recommended Book List

Required Reading
2012-04-13 Irish Social Work and Social Care Law Gill Education
ISBN 0717152669 ISBN-13 9780717152667

A new textbook that introduces students to the law governing the practice of social work and social care in Ireland. Provides a clear and concise guide to both the legal framework and the substantive law relating to social care and social work. Presents social care and social work law in an accessible manner, focusing on the specialist functions performed by social care professionals such as child protection, adoption and fostering, disability and mental health. Discusses both child law and the law relating to vulnerable adults in an Irish context. Considers the broader issues that affect service users in a social care context such as domestic violence, youth justice and the asylum system. Written For: Undergraduate and postgraduate students of: - Social Work - Social Care - Applied Social Care - Social Studies - Youth and Community Studies - Child Protection and Welfare A new textbook that introduces students to social care and social work law, concepts and structures in Ireland. Provides a clear and concise guide to both the legal framework and the substantive law relating to social care and social work law. Presents social care and social work law in an accessible manner, focusing on the specialist functions performed by social care professionals such as child protection, adoption and fostering, disability and mental health. Discusses both child law and the law relating to vulnerable adults in an Irish context. Considers the broader issues that affect service users in a social care context such as domestic violence, youth justice and the asylum system.

Recommended Reading
2016-12-16 Disability Law and Policy
ISBN 1905536909 ISBN-13 9781905536900

Disability Law and Policy: An Analysis of the UN Convention is a new book which undertakes a multidisciplinary examination of the United Nations Convention on the Rights of Persons with Disabilities. The rights-based perspective on disability is a relatively new lens through which disability law and policy is considered. This is despite the fact that persons with disabilities are often described as the world's largest minority. There are approximately 1 billion persons with disabilities in the world (15 percent of the world's population). This book is an edited volume of essays that undertakes a multidisciplinary examination of the United Nations Convention on the Rights of Persons with Disabilities. Part 1 of the edited collection focuses on disability and intersectionality; part 2 addresses the on going debate about the meaning of Article 12 the right to equal recognition before the law. The chapters contained in part 3 go on to address the emerging discourse on the right to liberty as contained in Article 14 of the CRPD and the barriers facing persons with mental health problems. Part 4 of the collection examines the right to live independently and to be included in the community. The themes of the right to inclusive education and employment for persons with disabilities are explored in parts 5 and 6 of the collection. The final part of the book part 7 examines how the CRPD is being implemented regionally and in a number of jurisdictions.

Recommended Reading
2012-05-04 Make That Grade Fundamentals of Irish Law Gill Education
ISBN 0717152685 ISBN-13 9780717152681

A concise introduction to all key aspects of the Irish legal system. New to this edition: The new EU Reform Treaty New legislation on defamation, civil partnerships and criminal law Developments in the area of human rights Additional contemporary case studies and tasks Introduces key principles of sources of Irish law, court structures and aspects of ADR. Examines areas of substantive law including tort, contract, criminal, consumer, European Union and human rights law. Presents a glossary of legal terms and an overview of methods of research and study techniques Clear learning outcomes, short and extended research tasks and self-test questions with suggested answers and key points promote independent learning skills. Provides a foundation for further specialised legal studies. Suitable For: FETAC students taking introductory law modules. A revision text for all academic and professional courses with an Irish legal system module. A concise introduction to all key aspects of the Irish legal system. New to this edition: The new EU Treaty of Lisbon New legislation on defamation, civil partnerships and criminal law Developments in the area of human rights Additional contemporary case studies and tasks. Examines key principles of the nature and sources of Irish law, including court structures, tort, contract, criminal, consumer, European Union and human rights law. Provides guidelines to resource materials, including the internet, and includes activities and tasks that encourage and promote their use. Short and extended self-test questions with suggested answers and key points promote independent learning. Provides a foundation for further specialised legal studies.

Recommended Reading
2016-11-18 Data Protection Law in Ireland
ISBN 1905536879 ISBN-13 9781905536870

In 2016, data protection regulation saw the most significant change in over twenty-one years. The Data Protection Directive was replaced in its entirety by the new General Data Protection Regulation. This affects all organizations and all individuals throughout the EU and Ireland. In addition to new and expanded rights and obligations, organizations must also engage Data Protection Officers, whom have significant responsibilities and independence. The second edition of Data Protection Law in Ireland provides a detailed analysis of these new developments, procedures, rights, and obligations of data protection in Ireland. It is the most recent and up-to-date book, providing a comprehensive guide as to what data protection is and the implications and obligations for holders and subjects of such data. This is an essential reference and resource for organizations, companies, solicitors, barristers, Data Protection Officers, compliance officers, IT and security personnel, marketing departments, and those interested in this increasingly important and rapidly changing area of law. [Subject: Irish Law, Data Protection, Information Technology]

Recommended Reading
2017-07-31 Constitutional Law
ISBN 0414060970 ISBN-13 9780414060975

Recommended Reading
2018-07-16 Essentials of Irish Labour Law
ISBN 190553695X ISBN-13 9781905536955

This edition of the bestselling comprehensive textbook on Irish labour law has been fully updated and revised to reflect all the major legislative and case law changes in labour law in Ireland. New developments include: reforms of the State's industrial relations structures under the Workplace Relations Act 2015; Protected Disclosures Act 2014 on workplace whistleblowing; landmark CJEU case (Achbita) on employees wearing visible political or religious symbols while at work; the Uber case and the definition of 'employee'; developments in the law on employment permits; mandatory retirement ages; recent Supreme Court, Court of Appeal, and High Court decisions; and more. Essentials of Irish Labour Law, Third Edition provides an historical context to labour law with particular reference to the Constitution, EU law, common law, international conventions, the labour market, and unions. This book examines the various legal structures and regulatory frameworks-domestic and European-that underpin determinations and decisions made in relation to labour law. It presents and evaluates the nature of employment contracts, conditions of employment, and termination of employment with details of legislation and relevant recent case law. Issues such as safety, health and welfare at work, equality legislation and terms and conditions of employment legislation are detailed throughout the text. [Subject: Irish Law, Labor Law]

Module Resources

Non ISBN Literary Resources

Davenport R. (2009) Fundamentals of Irish Law Dublin: Gill and Macmillan

Doolan B. (2008) Principles of Irish Law Dublin: Gill and Macmillan

O Malley T. (2001) Sources of Law 2ed Dublin: Round Hall Sweet and Maxwell

Donovan D. (2010) The Irish Legal System Dublin: Round Hall Nutshells

Kenneally A. and Tully J. (2013) The Irish Legal System Dublin: Clarus Press

Byrne R. and McCutcheon P. (2014) Byrne & McCutchean on the Irish Legal System (6^th ed) Bloomsbury

Ryan F. (2008) Constitutional law Dublin: Thomson Roundhall

Kinsella J. (2008) Health, Safety and Welfare Law in Ireland Dublin: Gill and Macmillan

Moore Walsh K.(2010) Make that Grade: Irish Tort law Dublin: Gill and Macmillan 3^rd ed

Kilkelly U. (2008) Children's Rights in Ireland Law, Policy and Practice Dublin: Tottel publishing

Shannon G. (2010) Child Law (2nd edn) Dublin: Round Hall

Nestor J. (2009) Irish Family Law Dublin: Gill Education

Williams G. Learning the Law London: Sweet & Maxwell

Journal Resources

law Gazette

Irish Jurist

Dublin University law Journal

URL Resources

www.irishstatutebook.ie www.oireachtas.ie www.courts.ie www.bailii.org

www.irlii.org www.citizeninformation.ie www.nda.ie www.workplacecommission.ie

www.hsa.ie www.ncse.ie www.uncrpd.org

www.dohc.ie www.decet.org www.dcya.gov www.ihre.ie

www.unicef.org www.childrensrightsalliance.ie www.barnardos.ie www.tusla.ie

www.dataprotection.ie www.oic.ie

Other Resources

Bunreacht na hEireann

Draft Guidance on a Human Rights-Based Approach to Care and Support in Health and Social Care Settings - HIQA

Acts of the Oireachtas and Statutory Instruments

Reports/investigations of the Health and Safety Authority (HSA)

Law Reform Commission reports

Law Society Gazette

Additional Information

A court visit will be organised whilst undertaking the Social Care Practice Programme