Module Details

Module Code: LEGS7007
Title: Social Care Law: Civil Aspects
Long Title: Social Care Law: Civil Aspects
NFQ Level: Intermediate
Valid From: Semester 1 - 2023/24 ( September 2023 )
Duration: 1 Semester
Credits: 5
Field of Study: 3800 - Law
Module Delivered in: 1 programme(s)
Module Description: This module will further develop the understanding of the legal framework within which social care professionals operate, examining key concepts in the law of tort, employment and family law. Recent legal developments in equality and family law will be examined, facilitating critical analysis and founding future legal studies.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Describe principles of tort law which impact on social care practice.(Domains: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.9, 1.16, 1.17, 3.1, 3.7, 5.1, 5.2, 5.3, 5.14, 5.15)
LO2 Explain defences in tort law relevant to social care practice with reference to legislation.(Domains: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.9, 1.12, 1.13, 1.14, 1.16, 1.17, 2.3, 2.7, 3.9, 3.13, 5.1, 5.3, 5.11, 5.15).
LO3 Describe the sources of employment and equality law (legislation, case law and EU law) and the key legal requirements and enforcement relating to safety, health and welfare at work, contracts, equality, termination/dismissal and protective legislation including family and carers leave. Positive discrimination.(Domains: 1.1, 1.2, 1.4, 1.5, 1.7, 1.8, 1.9, 2.6, 3.7, 3.13, 5.1, 5.2, 5.11, 5.15).
LO4 Analyse constitutional, statute and case laws relating to the family, describing law reform processes.(Domains: 1.1, 1.2, 1.3, 1.5, 1.12, 1.16, 5.1, 5.2, 5.3, 5.14, 5.15.)
LO5 Engage in critical analysis of the law applicable to social care, applying sound legal method in problem evaluation and solving. (Domains: 1.1, 1.2, 1.6, 2.3, 2.6, 3.1, 3.5, 3.9, 4.3, 5.1, 5.2, 5.3, 5.11, 5.14, 5.15)
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
Social Care Law 1 or equivalent
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
Not applicable
Co-requisite Modules
No Co-requisite modules listed
Requirements

This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
No requirements listed
 
Indicative Content
An Introduction to the Law of Tort as it applies to the care area.
The nature of tort law: goals, types of liability, remedies, general defences, vicarious liability, limitation of actions. Breach of statutory duty. Duty of candour. Injuries Board, catastrophic injuries, periodic payments and calculating the cost of care. (Domains: 1.1, 1.4, 1.6, 1.9, 1.13, 1.16, 3.1, 3.7, 5.1, 5.2, 5.3)
Negligence
The tort of negligence - duty of care/foreseeability; standard of care/breach of legal duty; loss and psychological damage. Defence of 'reasonable care'. (Domains: 1.1, 1.4, 1.6, 1.9, 1.13, 1.16, 1.17, 2.6, 2.7, 3.1, 3.7, 5.1, 5.2, 5.3)
Specific applications of the law of negligence
Professional negligence and professional standards; Employers' liability. Safety, Health and Welfare at Work Act 2005; Occupiers liability. (Domains: 1.1, 1.4, 1.6, 1.9, 1.13, 1.16, 3.1, 3.7, 5.1, 5.2, 5.3)
Trespass Against the Person
Protection of civil liberties and the constitutional right to bodily integrity. Battery, assault and false imprisonment. Consent - capacity, legal requirements of a valid consent. Defence of persons. Lawful authority including restraint and seclusion. Related social care relevant legislation/law including on assisted decision-making, withholding of information, domestic violence, mental health, criminal offences. (Domains: 1.1, 1.3, 1.5, 1.6, 1.7, 1.14, 1.16, 3.1, 3.7, 4.3, 5.1, 5.3).
Defamation
Constitutional right to a good name and freedom of expression. Defamation Act 2009. Establishing a case of defamation. Defences, including absolute and qualified privilege and social care related legislative and policy protections: Children First 2015 and Children First elearning programme, Protected Disclosures Act 2014, Protection for Persons Reporting Child Abuse Act. Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012. (Domains: 1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.12, 1.14, 3.7, 5.1, 5.3, 5.15).
Employment law
Distinction between an employee and an independent contractor. The contract of employment - express and implied terms. Duties of employer and employee at common law. Terms of employment. Termination of employment - breach of contract and the Unfair Dismissals Act, 1977 (as amended). Protective legislation -Equality legislation, Safety, Health and Welfare at Work Act, 2005 as amended; statutory leave (family and carers leave), part-time workers and working time; protection of young people in employment, national minimum wage provisions. (Domains: 1.1, 1.4, 1.5, 1.8, 1.9, 2.3, 3.1, 3.7, 3.13, 5.1, 5.2, 5.3, 5.11, 5.15).
Family Law
The scope of family law. The 'family' as defined in the constitution, legislation, European Convention on Human Rights, case law. Constitutional issues and the family: divorce, education, right to identity. The child's education rights. Guardianship, custody and access of/to children. Child-focussed family law. Children and Families Relationship Act 2015 and Guardianship of Infants Act 1964 as amended.. Reform of family law – Family Courts Bill and National Family Justice Strategy 2022 – 2025. (Domains: 1.1, 1.2, 1.3, 1.5, 1.12, 1.16, 3.5, 3.9, 5.1, 5.2, 5.3, 5.14, 5.15).
Module Content & Assessment
Assessment Breakdown%
Coursework40.00%
End of Module Formal Examination60.00%
Special Regulation
Students are required to achieve a mark of 40 % or greater in each assessment component to pass the module.

Assessments

Coursework
Assessment Type Written Report % of Total Mark 40
Timing Week 6 Learning Outcomes 1,2,5
Assessment Description
Some example assessments include: a) to prepare an introduction for social care practitioners on the tort of general and professional negligence with a summary of defences and remedies that may be available in law AND to provide support to an adult with an intellectual disability to exercise their legal rights (Domains: 2.3, 5.15) OR b) a portfolio of cases/articles on legal duties and remedies pertinent to social care practice with analysis and comment. (Domains: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.9, 1.12, 1.13, 1.14, 1.16, 1.17, 2.3, 2.6, 2.7, 3.1, 3.5, 3.7, 3.9, 4.3, 5.1, 5.2, 5.3, 5.11, 5.14, 5.15
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 60
Timing End-of-Semester Learning Outcomes 1,2,3,4,5
Assessment Description
End-of-Semester Final Examination

(Domains: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.12, 1.13, 1.14, 1.16, 1.17, 2.3, 2.6, 2.7, 3.1, 3.5, 3.7, 3.9, 3.13, 4.3, 5.1, 5.2, 5.3, 5.11, 5.14, 5.15)
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.

The University reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact Class based instruction Every Week 4.00 4
Independent & Directed Learning (Non-contact) Non Contact Specific legal research Every Week 3.00 3
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 4.00
Workload: Part Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact Class based instruction Every Week 4.00 4
Independent & Directed Learning (Non-contact) Non Contact Specific legal research Every Week 3.00 3
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 4.00
 
Module Resources
Recommended Book Resources
  • Jim Nestor. An introduction to Irish Family Law, 4th. [ISBN: 9780717149773].
  • Faulkner, M. & Mac Carthaigh, D.. (2022), Essentials of Irish Law, Faulkner, M. & Mac Carthaigh, D., [ISBN: 9781911611646].
  • Bracken, L.. (2018), Child Law in Ireland, [ISBN: 9781911611097].
  • Thuillier, A. and MacDaid, C.. (2015), Business Law in Ireland, 2nd. Clarus Press, Dublin, [ISBN: 9781905536771].
  • Kavanagh, J.. (2022), Constitutional Law in Ireland, 2nd. Clarus Press, Dublin, [ISBN: 9781911611783].
  • Faulkner, M.. (2018), Essentials of Irish Labour Law, 1st. Clarus Press, [ISBN: 9781905536955].
  • Hamilton, C.. (2012), Irish Social Work and Social Care Law, 1st. [ISBN: 9780717152667].
  • Bracken, T.. (2016), The Modern Family: Relationships and the Law, [ISBN: 9781905536894].
  • MacDonnell, V.. (2015), Introduction to Business Law in Ireland, 2 & 7, Chartered Accountants Ireland, Ebook Central, [ISBN: 9781910374337].
  • Hogan & Whyte. (2002), The Irish Constitution, 4th. Tottel Publishing, Dublin, [ISBN: 9781845923662].
Supplementary Book Resources
  • Shannon, G. (2010), Child Law, 2nd. Thomson Roundhall, Dublin, [ISBN: 9781858005249].
  • Crowley, L. (2013), Family Law, 1st. Roundhall, Dublin, [ISBN: 9780414032286].
This module does not have any article/paper resources
Other Resources
 
Module Delivered in
Programme Code Programme Semester Delivery
CR_HSOCC_7 Bachelor of Arts in Social Care Work 4 Mandatory