LAW06090 2022 Early Childhood Law
Full Title
Early Childhood Law
Transcript Title
Early Childhood Law
Code
LAW06090
Attendance
80 %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
06 - NFQ 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_EEARL_H08 202200 Bachelor of Education (Honours) in Early Education and Care
SG_EEARL_H07 202100 Level 7 Professional Qualification in Education in Early Education and Care
SG_EEARL_B07 202400 Bachelor of Education in Early Education and Care (exit)
Description
International and domestic legal frameworks play a significant role in shaping the life circumstances of children. Accordingly, there is a formidable body of minimum statutory requirements that the Early Childhood Educator (ECE) must comply with when providing childcare services encompassing the sector-specific laws in addition to the laws of more general application. This module attempts to disentangle the law relating to the disparate functions performed by the ECE practitioner allowing for focused comprehension of the legal framework for practice. As a necessary starting point, the module gives context to the substantive law by outlining the sources of law in which these particular legal rules are located as both international and domestic law influence early childhood care and education from birth to six years. Study is then primarily functional in that it concentrates on the diverse range of law applicable to the daily running of an early years setting. Students will have the opportunity to explore the regulatory requirements by examining the legal duties and responsibilities of practitioners in compliance with the sector- specific regulations. Child Care Act 1991 (Early Years Services) Regulations 2016. Accountability to the pre-school child will be a core aspect of this module through an examination of health and safety law and principles of negligence. The rights based perspective of this module is inspired by the continual evolution of the early years sector arising from international imperative influences and therefore a study of relevant Conventions applicable to children will broaden learners knowledge of human rights standards underpinning practice in the sector. A concise introduction to education law is set against constitutional principles and values. The final section of the module will introduce the student to family law, exploring its relevance to the sector and in particular putting emphasis on the adult-child legal relationship.
At the close of this module, the student will have developed an understanding of what it means to work in a competent way in an early years setting in accordance with certain key aspects of the current legal framework.
Learning Outcomes
On completion of this module the learner will/should be able to;
1.
Identify the sources of law and their relative positions of authority within the Irish legal system
2.
Examine how the regulatory framework for pre-school services aims to inform and ensure the health, safety and welfare of pre-school children while attending such services.
3.
Adopt a children's right perspective to the knowledge of early years learning to promote and ensure child centred practice.
4.
Apply the salient concepts and objectives of health and safety law and the key principles of the tort of negligence to hypothetical situations as a means of preventing injury in early years settings.
5.
Discuss the international and national rights of children to education and the corresponding responsibilities of parents and the State.
6.
Outline the legal framework in which family life and childhood is understood in Ireland.
Teaching and Learning Strategies
This module will be delivered face to face by a mixture of lectures and tutorials. The module is also designed to accommodate blended learning. The teaching and learning strategy will be founded on student-centred active learning. Students will have the opportunity to learn by engaging with a diverse range of methods including case studies, problem solving, discussion and peer learning. The student will be expected to be competent in the use of computer aided learning (CALL) packages which will support their learning such as Moodle, Teams, Panopto and Adobe Connect.
Module Assessment Strategies
Assessment One: 50% - Assignment based on knowledge of Learning Outcomes 1-3, primarily Early Years Regulations.
The learner's knowledge of the Early Years Regulations and children's rights will be assessed through completion of a case study based on activities taking place in a pre-school setting allowing students to understand their legal responsibilities and to connect with their professional identity.
Assessment Two: 50%- Final Exam based on Learning Outcomes 4-7. This will constitute an invigilated closed-book exam.
Repeat Assessments
Repeat assessment requirements will be based on the failed component(s) and reflect the assessment type failed. Documentation of same will occur at the Progression and Award Boards.
Indicative Syllabus
LO 1. Identify the sources of law and their relative positions of authority within the Irish legal system.
The student will commence on a journey of understanding and insight of the substantive law applicable in an early years setting by first gaining a good knowledge of the five sources of law (the constitution, legislation, common law, EU and international law) and their hierarchical positions within the legal system. Engaging with the categorisation of laws under the headings of civil and criminal law will also enhance the students knowledge of this fundamental aspect of the study of law.
LO 2. Examine how the regulatory framework for pre-school services aims to inform and ensure the health, safety and welfare of pre-school children while attending such services.
This section of the module will engage the student to examine how the Child Care Act 1991 (Early Years Services) Regulations 2016 regulates and informs accreditation, daily operations and inspections of pre-school services. Therefore, the purpose of this key document is not just to regulate but to encourage and ensure good practice.
LO 3. Adopt a children's right perspective to the knowledge of early years learning to promote and ensure child centred practice.
Through a study of the United Nations Convention on the Rights of the Child (UNCRC) and with a particular focus on the guiding principles such as the best interest of the child (Article 3) and the voice of the child (Article 12), the student will be inspired by these international rights imperatives to practice in a child centred manner. Concepts relating to ratification and enforcement of the Convention will also feature.
LO 4. Apply the salient concepts and objectives of health and safety law and the key principles of the tort of negligence to hypothetical situations as a means of preventing injury in early years settings.
The student will engage with the Safety, Health and Welfare at Work Act, 2005 to become conversant in the objective for and the compilation of a safety statement and its pre-cursor, the risk assessment. Both of these mandatory procedures, primarily directed at employers/organisations including pre-school services, are designed to raise an awareness of hazards, associated risk level and necessary control measures by all in the workplace. The student will also reflect on the responsibilities imposed on employers and employees under the legislation.
Building upon the concepts encountered in health and safety learning, the student will integrate knowledge of the essential ingredients of negligence to ensure the requisite standard of care is applied to daily work activities in the setting ensuring the duty of care is not breached and thus avoiding injury to children/others and consequent tortious liability for the early years provider. The student will also explore contributory negligence and vicarious liability.
LO 5. Discuss the international and national rights of children to education and the corresponding responsibilities of parents and the State.
The student will develop an understanding of the concepts of education law, including the constitutional principle that the primary and natural educator of the child is the family. The UNCRC (Art 28 & 29) and statutory measures will also be explored.
LO 6. Outline the legal framework in which family life and childhood is understood in Ireland.
Ireland has experienced significant changes in family formation, structure and family related attitudes in recent decades with the law attempting to keep pace, sometimes successfully, sometimes not.The student will explore these legal changes, many implemented from a rights-based perspective, such as the children's constitutional amendment. The Guardianship of Infants Act, 1964 as amended most recently by the Child and Family Relationships Act, 2015 sets out the legal relationship between adults and children, an understanding of which is relevant to the early years setting in relation, for example, to consent to medical administration.
Coursework & Assessment Breakdown
Coursework & Continuous Assessment
50 %
End of Semester / Year Formal Exam
50 %
Coursework Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | Early Years Regulations | Coursework Assessment | Closed Book Exam | 50 % | Week 6 | 1,2,3 |
End of Semester / Year Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | Final exam | Final Exam | Closed Book Exam | 50 % | Week 13 | 4,5,6 |
Full Time Mode Workload
| Type | Location | Description | Hours | Frequency | Avg Workload |
|---|---|---|---|---|---|
| Lecture | Tiered Classroom | Class delivery | 2.0 | Weekly | 2.00 |
| Tutorial | Flat Classroom | Class Activity | 1.0 | Weekly | 1.00 |
| Independent Learning | Not Specified | Self-Directed learning | 3.0 | Weekly | 3.00 |
Total Full Time Average Weekly Learner Contact Time 3.00 Hours
Required & Recommended Book List
Required Reading
2015-03-24 Childhood Social, Legal & Health Studies Gill Education
ISBN 0717168131 ISBN-13 9780717168132
2015-03-24 Childhood Social, Legal & Health Studies Gill Education
ISBN 0717168131 ISBN-13 9780717168132
A guide to the Early Childhood Care and Education (ECCE) setting with a particular focus on social-, legal- and health-related issues within an Irish context. Discusses the emergence of the childcare profession and the legislation and policies that shaped its transformation, from pre-regulation times to the present day. Links child protection thinking and concepts directly to childcare practice, through the use of case studies and activities, to encourage understanding and good practice. Summarises current research into and guidelines for equality and diversity practice, focusing on their application in an ECCE setting. Defines child health and well-being and discusses them in the context of current policy, legislation, research and Siolta standards. Describes and applies to practice the role of the advanced early years practitioner and their professional development, using self-reflection and key interpersonal skills exercises. Case studies and 'In Practice' examples throughout illustrate the relationship between concepts and practice. WRITTEN FOR QQI Level 6 Early Childhood Care and Education (6M2007) and the following modules: 6N1945 Childhood Social, Legal & Health Studies 6N1944 Early Childhood Curriculum 6N1945 Supervision in Early Childhood Care 6N1946 Work Experience 6N1947 Work Practice
Required Reading
2012 Health, Safety, and Welfare Law in Ireland Gill Education
ISBN 0717152634 ISBN-13 9780717152636
2012 Health, Safety, and Welfare Law in Ireland Gill Education
ISBN 0717152634 ISBN-13 9780717152636
Introduction to health, safety and welfare law in Ireland. Including guidelines on all recent legislation and safety documents.
Required Reading
2018-07-02 Child Law in Ireland
ISBN 1911611097 ISBN-13 9781911611097
2018-07-02 Child Law in Ireland
ISBN 1911611097 ISBN-13 9781911611097
'Child Law in Ireland' provides a comprehensive and accessible analysis of the Irish child law system. It incorporates examination of Ireland's international obligations in this area arising under the United Nations Convention on the Rights of the Child (UNCRC) and the European Convention on Human Rights (ECHR), as well as examination of the Irish Constitution and the domestic legislative framework. The book addresses a wide range of child law topics including children's rights; parentage; donor-assisted human reproduction and surrogacy; guardianship, custody and access; child protection; representation and participation; and education. Child Law in Ireland examines current Irish law and addresses contemporary issues in a range of areas. This includes discussion of timely legal developments such as the Assisted Reproduction Bill 2017; the Children and Family Relationships Act 2015; the Adoption (Amendment) Act 2017; the Adoption (Information and Tracing) Bill 2016; the Children First Act 2015; and the Education (Admission to Schools) Bill 2016, among others.
Required Reading
2012-05-04 Make That Grade Fundamentals of Irish Law Gill Education
ISBN 0717152685 ISBN-13 9780717152681
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.
Module Resources
Non ISBN Literary Resources
Kenneally, A., Tully, J., 2013 The Irish Legal System Clarus Press
Byrne, R., McCutcheon, P., Bruton, C., Coffey, G., (2014). Byrne and Mccutcheon on the Irish Legal System. Bloomsbury Professional.
Nestor, J., (2011). An Introduction to Irish Family Law. Gill Education.
Ursula Kilkelly 2008 Children's Rights in Ireland Bloomsbury Professional.
Shannon, G., (2020) Child and Family Law Thomson Round Hall.
Journal Resources
Childlinks Barnardos
European Early Childhood Education Research Journal Routledge
The International Electronic Journal of Elementary Education
The Law Gazette
Irish Journal of Family Law
The Bar Review
URL Resources
www.tusla.ie
www.earlychildhoodireland.ie
www.irshstatutebook.ie
www.oireachtas.ie
www.courts.ie
www.ihrec.ie
www.
wwwworkplacerelations.ie
www.hsa.ie
www.attorneygeneral.ie
www.sligochildcare.ie
www.leitrimchildcare.ie
www.roscommonchildcare.ie
www.cavanccc.ie
www.gov.ie
www.childrensrights.ie
www.unicef.ie
www.barnardos.ie
Other Resources
Bunreacht na hEireann. Government Publications Office
United Nations Convention on the Rights of the Child (UNCRC) Geneva UN
Child Care Act 1992 Part 7 as amended by Child and Family Agency Act, 2013
Child Care Act 1991 (Early Years Services) Regulations 2016
Dublin City Childcare Committee, To Compliance and Beyond - A Guide for Early Years Services, Dept of Children and Youth Affairs
Pobal, Compliance Guide for Service Providers (Nov 2019) Dept of Children and Youth Affairs
Additional Information
RTE Investigates - Creches, Behind Closed Doors July 2019.