Origins of our legal system - Brehon, Common and Civil legal systems; What is law? - concepts in jurisprudence and examples of recent criminal and constitutional cases relevant to social care; divisions of law - substantive/procedural law; evidence; criminal and civil process; access to justice issues. (Domains 1.1, 1.2, 1.9, 5.1, 5.14, 5.15)

Courts System and the judiciary; jurisdiction of the Courts - criminal, civil & family; the legal profession; jury selection and function; remedies and enforcement of court orders; Ombudsmen. Alternative and complementary dispute resolution. Domestic Violence Act 2018. Interface of regulation, standards and guidance. Health Information and Quality Authority. Child Care Law Reporting Project. (Domains 1.1, 1.2, 1.9, 5.1, 5.14, 5.15).

The Constitution - popular sovereignty and referenda, institutions of the State, judicial review and fundamental rights; Legislation - primary and secondary, process of enactment, interpretation and implementation, law reform and compliance guidance; Case law/Precedent - stare decisis, law reporting, judicial reasoning in a common law system; European Community law and European Union - institutions, supremacy and implementation of EC law in Ireland; International law - dualism, article 29, ratification and implementation, European Convention on Human Rights and European Convention on Human Rights Act 2003. United Nations Convention on the Rights of the Child. United Nations Convention on the Rights of Persons with Disabilities. (Domains 1.1, 1.2, 1.3, 1.4, 1.5, 2.8, 5.1, 5.2, 5.3, 5.14, 5.15)

The constitution and the child; the legal status of the marital family and the non-marital family; concepts of guardianship, custody, welfare and access to/of children; the rights of the child – Article 42A, legislation and recent case law (Child and Family Relationships Act 2015; ‘best interests’ factors, Children First); UN Convention on the Rights of the Child; Voice of the Child & SI No 587/2018. Children Rights advocacy; Ombudsman for Children. (Domains: 1.1, 1.3, 1.5, 1.9, 1.12, 1.13, 1.16, 2.6, 2.12, 3.7, 5.1, 5.3).

The Child Care Act 1991 (as amended and under review) - background and jurisdiction, voluntary care, emergency situations, care proceedings, options for care - foster care, residential care, placement with relatives and regulation thereof; special care orders and Child Care (Special Care) Regulations 2004. Children First and TUSLA. Aftercare. Relating legislation, policy, standards and guidance. (Domains 1.1, 1.3, 1.4, 1.5, 1.9, 1.12, 1.16, 2.12, 5.1, 5.2, 5.3).

Current aspects of social care law .Legal Regulation of the Social Care Profession - Health and Social Care Professionals Act 2005 and the Code of Conduct SI No 52/2019. The role of CORU. Professional accountability and professional negligence. The Protected Disclosures Act 2014. Privacy, confidentiality, qualified privilege. Withholding legislation. Data Protection and the General Data Protection Regulation. Freedom of Information and duty of candour. The Assisted Decision-Making (Capacity) Act 2015 (as amended), informed consent and legal capacity of children and adults. Easy to Read Guide to Consent (HSE). Advocacy and social care – EPIC, Decision Support Service, National Advocacy Service, Patient Advocacy Service. The regulation of residential and domicillary care for older people/people with disabilities and the interface of regulation with standards/inspectorates. Safety, Health and Welfare for ‘persons at work’ in a social care context. A Human Rights Based Approach in Social Care Practice (FREDA). Family court reform. (Domains 1.1,1.2, 1.4, 1.5, 1.6, 1.7, 1.9, 1.10,1.11,1.12, 1.13, 1.16, 2.6, 2.8, 3.7, 3.13, 4.3, 5.1, 5.2, 5.3, 5.15) Students will be directed to relevant reading on legal issues impacting on/relating to various social care client groups throughout the module as part of their independent legal research and enabled to build a database of information sources to assist in maintaining current awareness and to foster access to justice in practice.