LAW08011 2016 Social Care Law

General Details

Full Title
Social Care Law
Transcript Title
Social Care Law
N/A %
Subject Area
LAW - Law
SOCS - Social Sciences
08 - NFQ Level 8
05 - 05 Credits
Start Term
2016 - Full Academic Year 2016-17
End Term
9999 - The End of Time
Deirdre McCaffrey
Programme Membership
SG_WSOCI_H08 201600 Bachelor of Arts (Honours) in Social Care Practice SG_HEARL_H08 201700 Bachelor of Arts (Honours) in Humanities in Early Childhood Care and Educ SG_HSOCI_H08 201700 Bachelor of Arts (Honours) in Social Care Practice SG_HEARL_H08 201800 Bachelor of Arts (Honours) in Early Childhood Care and Educ SG_HSOCI_H08 201900 Bachelor of Arts (Honours) in Social Sciences in Social Care Practice

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

End of Semester / Year Formal Exam
100 %

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
Total Full Time Average Weekly Learner Contact Time 4.00 Hours

Module Resources

Non ISBN Literary 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

URL Resources

Other Resources

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   

Additional Information

westlaw database accessed through library website