LAW08011 2022 Social Care Law
Full Title
Social Care Law
Transcript Title
Social Care Law
Code
LAW08011
Attendance
N/A %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
08 - NFQ Level 8
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_HEARL_H08 202200 Bachelor of Arts (Honours) in Early Childhood Care and Education
SG_HEARM_H08 202300 Bachelor of Arts (Honours) in Early Childhood Care and Education
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_HEARL_H08 202300 Bachelor of Arts (Honours) in Early Childhood Care and Education
Description
Following on from the previous three mandatory law modules, this elective will deal with more advanced specialist law issues, including regional human rights law relevant to social care. The module aims to familiarise students with the manner, principles, structure and extent to which the law operates to regulate children in conflict with the law. Students will also discuss and debate the development of human rights based approaches for those using mental health services and those seeking asylum. Criminal offences, including sexual offences against children and vulnerable people will be studied. Legal concepts pursuant to the European Convention on Human Rights, including those pertaining to the older person will also be examined.
This module maps to the CORU Standards of Proficiency below:
Domain 1: Professional Autonomy and Accountability
Domain 2: Communication, Collaborative Practice and Teamworking
Domain 5: Professional Knowledge and Skills
Learning Outcomes
On completion of this module the learner will/should be able to;
1.
Analyse the core human rights values and legal principles underlying youth justice focusing on diversion, court process and sentencing. (Domain 1.5, 1.9, 5.2, 5.3, 5.14)
2.
Appraise how the human rights of those affected by negative mental health are protected under the Mental Health Act, 2001 (Domain 1.1, 1.3, 1.5, 1.9, 5.1, 5.2, 5.3, 5.14)
3.
Discuss the human rights and legal framework, both international and domestic, regulating the international protection (asylum) process (Domain 1.1, 1.5, 1.9, 5.2, 5.3)
4.
Demonstrate knowledge from a social care perspective of the legal concepts and processes that underpin criminal offences. (Domain 1.1, 1.9)
5.
Evaluate the core principles and values of the European Convention on Human Rights to establish how they can be applied to enhance the life of vulnerable service users including the older person. (Domain 1.1, 1.9, 5.2, 5.3)
Teaching and Learning Strategies
This module may be delivered face to face through a mixture of lectures and tutorials, however, 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 and strategies that combine theory and practical elements including case studies, moot court, problem solving, discussion, peer learning and guest lecturing. The student will be expected to be competent in the use of computer aided learning packages which will support their learning such as Moodle, Teams, Panopto and Adobe Connect.
Module Assessment Strategies
Continuous assessment - 60% In-class exam 40%
This modules assessment allows for assessment of CORU Standards of Proficiency as follows:
Continuous assessment (Domain -SOP = 1.1,1.5,1.9, 5.2, 5.3, 5.14)
In-class exam (Domain - SOP = 1.1, 1.3, 1.5, 1.9, 5.1, 5.2, 5.3, 5.14)
Repeat Assessments
Repeat requirements will depend on failed components and a repeat assessment strategy will be developed based on this. The repeat assessment requirements are recorded at the Progression and Award Boards.
Indicative Syllabus
1 Youth Justice - Analyse the core human rights values and legal principles underlying youth justice focusing on diversion, court process and sentencing.
- International Conventions and the Children Act 2001 (welfare v justice approach)
- Age of criminal responsibility
- Administrative structure of the youth justice system including the Children Court
- Garda diversion programmes and projects
- Criminal justice process - arrest, prosecution, sentencing
- Anti-social behaviour orders
2. Mental Health - Appraise how the human rights of those affected by negative mental health are protected under the Mental Health Act, 2001
- Human rights (international/domestic) and mental health (historical and current)
- Legal framework - Mental Health Act, 2001
- Administrative bodies - mental health commission, mental health tribunal, inspectorate
- Voluntary and involuntary admission to psychiatric facilities
- Consent to treatment
3. International Protection (Asylum) - Discuss the human rights and legal framework, both international and domestic, regulating the international protection (asylum) process
- International human rights framework - Geneva Convention; EU law;
- Domestic framework - The International Protection Act, 2015
- Subsidiary protection and right to remain
- Employment and other rights
- Separated children and international protection
- Family reunification
4. Criminal law - Demonstrate knowledge from a social care perspective of the legal concepts and processes that underpin criminal offences.
- Overview of criminal liability - Actus Reus and Mens Rea
- Offences Against the Person
- Sexual Offences
- Public Order Offences
5. European Convention on Human Rights (ECHR) - Evaluate the core principles and values of the European Convention on Human Rights to establish how they can be applied to enhance the life of vulnerable service users including that of the older person.
- Historical background to the ECHR
- Civil and political rights in the Convention (right to life, freedom from inhuman and degrading treatment, right to family and private life)
- Rights specific to vulnerable service users - eg older people, children
Coursework & Assessment Breakdown
Coursework & Continuous Assessment
100 %
Coursework Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | researched based essay | Coursework Assessment | Essay | 50 % | Week 8 | 1,4 |
| 2 | In class exam | Project | Open Book Exam | 30 % | Week 5 | 2,5 |
| 3 | various (oral exam/presentation) open book | Coursework Assessment | Performance Evaluation | 20 % | End of Semester | 3 |
Full Time Mode Workload
| Type | Location | Description | Hours | Frequency | Avg Workload |
|---|---|---|---|---|---|
| Lecture | Tiered Classroom | Lecture | 2 | Weekly | 2.00 |
| Tutorial | Not Specified | Tutorial | 1 | Weekly | 1.00 |
| Independent Learning | Not Specified | IL | 3 | Weekly | 3.00 |
Total Full Time Average Weekly Learner Contact Time 3.00 Hours
Required & Recommended Book List
Recommended Reading
2020 Child Law Round Hall
2020 Child Law Round Hall
Recommended Reading
2015-10-22 International Human Rights: Perspectives from Ireland Bloomsbury Publishing
ISBN 9781780439693 ISBN-13 1780439695
2015-10-22 International Human Rights: Perspectives from Ireland Bloomsbury Publishing
ISBN 9781780439693 ISBN-13 1780439695
International human rights norms are increasingly being taken into account by legislators, courts, and public bodies in making decisions and implementing actions that impact human rights. This book examines Ireland's engagement with, and the influence of, the international human rights regime. It features articles by leading Irish and international academic experts, practitioners, and advocates in the human rights field. It also combines both practical analysis and integrates perspectives from a broad range of actors in the field. [Subject: International Law, Human Rights Law, Irish Law]
Required Reading
2012-04-13 Irish Social Work and Social Care Law Gill Education
ISBN 0717152669 ISBN-13 9780717152667
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
2021-09-20 Probation and Parole in Ireland
ISBN 1911611607 ISBN-13 9781911611608
2021-09-20 Probation and Parole in Ireland
ISBN 1911611607 ISBN-13 9781911611608
Recommended Reading
2018 Sexual Offending in Ireland
ISBN 1905536933 ISBN-13 9781905536931
2018 Sexual Offending in Ireland
ISBN 1905536933 ISBN-13 9781905536931
The topic of sexual offending is a deeply complex and challenging one. In the past number of years, there has been a growing interest in sexual crime with a proliferation of cases provoking controversy around sentencing and continuing questions about the adequacy of the current law. Sexual Offending in Ireland: Laws, Procedures and Punishment offers an accessible and comprehensive account of the relevant law in relation to sexual offending in Ireland. It incorporates an examination of developments in domestic legislation and case law, detailing the substantive and evidentiary rules, as well as sentencing practice and supervision of sexual offenders. Part 1 of the book provides a comprehensive account of the substantive law on sexual offences, covering the primary sexual offences against adult victims, as well as those relating to victims who are under the age of consent or who have limited decision-making capacity. Part 2 looks at procedural issues surrounding trial and evidence. It incorporates a critical analysis of recent developments in evidence-related issues that have arisen in recent years. This part covers the special rules of evidence which apply in sexual offence trials, as well as describing the special procedures which may apply in sexual offence trials to protect victims from secondary victimisation. Part 3 provides a comprehensive examination of how those convicted of sexual offending are sentenced in the Irish courts, and explains the post-release orders and requirements a convicted sex offender may be subject to in the aftermath of imprisonment. The book also discusses the recent reforms introduced under the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Bill 2016, examining the implications these reforms will have upon the trial and punishment of sexual offenses. This is a timely addition to commentary on the law in this unique area. [Subject: Criminal Law, Irish Law, Sexual Offenses]
Module Resources
Non ISBN Literary Resources
Kelly: The Irish Constitution (2018) Hogan and Whyte, 5th ed Bloomsbury
Social and Economic Rights in Ireland; Claire-Michelle Smyth (2017) Clarus Press
Youth Justice in Ireland: Tough Lives Rough Justice Kilkelly Irish Academic Press 2006
Juvenile Justice Walsh Thomson Round Hall 2005
Criminal Law Cecilia NiChoileanin (2017) 4ed, Round Hall
An Introduction to Irish Criminal Law Conor Hanly (2015) Gill Dublin
Medical Law in Ireland Simon Mills andrea Mulligan, (2017) Bloomsbury
Mental Health in Ireland, Policy Practice and Law, Higgins and Mc Daid (2014)
Immigration and Citizenship Law, Stanley, (2017), Round Hall,
The Reliable Expert Witness Mark Tottenham (2021) Clarus Press
Older People in Modern Ireland: Essays on Law and Policy. Dublin: First Law
ECHR and Irish Law Ursula Kilkelly Jordans 2008 2nd ed
Childrens Rights' in Ireland Law Policy and Practice (2008) Ursula Kilkelly Tottel
How to Think Write and Cite Schweppe, Kenny, Donnelly (2016) 2nd ed
Legal Research and Writing Skills Richardson and Bartlett (2021) Clarus Press
Journal Resources
Law Gazette
Irish Jurist
Dublin University Law Journal
Irish Journal of Family Law
Journal of Law and Society
URL Resources
www.irishstatutebook.ie www.courts.ie www.irlgov.ie www.ihrc.ie
www.irlii.org www.bailii.org www.lawreform.ie www.ipo.ie
www.europa.eu.int www.echr.coe.int/ECHR www.iyjs.ie www.garda.ie
www.citizensinformation.ie www.oco.ie www.sage.ie
www.un.org/esa/socdev/enable/rights www.dsw.ie
www.barnardos.ie www.gov.ie (various government depts)
Other Resources
Conventions, Acts, case law reports
Draft Guidance on a Human Rights-Based Approach to Care and Support in Health and Social Care Settings - HIQA
Public Reports (Law Reform Commission, Governmental Departments)
(students to be provided details of specific material (conventions, law reform commission reports etc) required
Additional Information