LAW08011 2016 Social Care Law
Following on from the two previous mandatory modules, this elective considers a number of specialist topics relevant to a student of the social sciences. It provides a legal perspective to recognising and exploring the rights of vulnerable people in society. Students will discuss and debate the development of legal concepts and the regulatory framework pertaining to the older person, young people in conflict with the law, those using mental health services and those seeking asylum.
The module also draws on the regulatory framework to consider entitlement to local authority housing and entitlement to social welfare payments.
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;
Analyse the core values and principles underlying youth justice in areas of court process, sentencing, and diversion projects (Domain 1.1, 5.1)
Appraise and evaluate the development of mental health law in Ireland (Domain 1.1, 1.5, 1.9, 1.16, 5.1, 5.2, 5.3, 5.14)
Extract and evaluate core principles and values to establish how the legal framework can be applied and reformed to enhance the life of the older person in today's society (Domain 1.1, 1.3, 1.5, 1.16, 5.1, 5.2, 5.3, 5.15)
Reflect on aspects of housing, social protection law and associated appeals procedures (Domain 5.1)
Debate and evaluate the legal framework, both international and domestic, regulating the asylum process (Domain 1.1, 1.5, 1.9, 5.1, 5.2, 5.3)
Display required cognisance of advanced issues pertinent to courtcraft - court report writing; court procedure, evidential matters (Domain 1.1, 2.6)
Teaching and Learning Strategies
strategies that combine theory and practical elements in a classtroom setting
guest lectures
moot court
Module Assessment Strategies
continuous assessment - 70%
ongoing exam 30%
This modules assessment allows for assessment of CORU Standards of Proficiency as follows:
Continuous assessment (Domain 1.1, 1.3, 1.5, 1.9, 1.16, 2.6, 5.1, 5.2, 5.14)
Exam (1.1, 1.3, 1.5, 1.16, 5.1, 5.3, 5.15)
Repeat Assessments
as above
Indicative Syllabus
1 Youth Justice
- The Children Act 2001 as amended
- age of criminal responsibility
- administrative structure of the youth justice system including the Children Court
- youth justice process - arrest, prosecution, sentencing
- Garda diversion programmes and projects
- anti-social behaviour orders
2 Older people
- legal framework
- capacity and decision-making persuant to the Mental Capacity (decision making) Act, 2014
- community care and residential care
3. Mental Health law
- the 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
4. Housing and social protection
- housing grants under Housing (Miscellaneous Provisions) Act 1979 and Housing (Adaption Grants for older people)
- entitlemsnt to local authority nousing
- Social welfare (consolidated) Act
- distinguish between means testing and contribution based payments
- appeals system
5. Asylum and refugee law
- international law - Geneva convention; EU law;
- domestic framework - The Refugee Act, 1996
- application process for refugee status
- support services
- separated children under the Child Care Act and the Refugee Act
- family reunification
Coursework & Assessment Breakdown
Coursework Assessment
Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
---|---|---|---|---|---|---|
1 | researched based essay | Continuous Assessment | Essay | 50 % | Week 8 | 1,2,3,4,5 |
2 | various / oral exam/presentation | Continuous Assessment | Performance Evaluation | 20 % | OnGoing | 1,2,3,4,5,6 |
End of Semester / Year Assessment
Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
---|---|---|---|---|---|---|
1 | Exam Formal | Final Exam | Closed Book Exam | 30 % | OnGoing | 1,2,3,4,5,6 |
Full Time Mode Workload
Type | Location | Description | Hours | Frequency | Avg Workload |
---|---|---|---|---|---|
Lecture | Tiered Classroom | Lecture | 2 | Weekly | 2.00 |
Tutorial | Not Specified | Tutorial | 2 | Weekly | 2.00 |
Module Resources
Irish Social Work and Social Care Law Claire Hamilton (2011) Gill and Macmillan 9780717152667
Youth Justice in Ireland: Tough Lives Rough Justice Kilkelly Irish Academic Press 2006
Juvenile Justice Walsh Thomson Round Hall 2005
Children Act 2001 Mc Dermott and Robinson Round Hall 2003
Older People in modern Ireland: Essays on law and Policy. Dublin: First Law
Constitutional Equality Law Doyle, Round Hall 2004
ECHR and Irish Law Ursula Kilkelly Jordans 2008 2nd ed
Criminal Justice in Ireland P O'Mahony IPA
www.irishstatutebook.ie www.courts.ie www.irlgov.ie
www.irlii.org www.bailii.org www.lawreform.ie
www.europa.eu.int www.echr.coe.int/ECHR
www.citizensinformation.ie www.oco.ie www.sage.ie
www.un.org/esa/socdev/enable/rights www.dsw.ie
www.barnardos.ie www.dcya.gov.ie
Conventions, Acts, case law reports
Public Reports (law reform commission, governmental departments)
Journals (National and international)
International reports
(students to be provided details of specific material (conventions, law reform commission reports etc) required
westlaw database accessed through library website