LEGS8002 - Social Care and Citizenship

Module Details

Module Code: LEGS8002
Title: Social Care and Citizenship
Long Title: Social Care and Citizenship
NFQ Level: Advanced
Valid From: Semester 1 - 2022/23 ( September 2022 )
Duration: 1 Semester
Credits: 5
Field of Study: 3800 - Law
Module Delivered in: 1 programme(s)
Module Description: The module examines legal principles relevant to the management of social care, legal capacity reform and social care advocacy law. It explores legal agency and contested meanings of social citizenship in the Republic of Ireland today.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Analyse the broad principles of contract law in relation to specific communities supported in the social care sector.
LO2 Analyse the legal rights, duties and relationships between the various stakeholders in social care - service users, employees, suppliers and the general public - and impacts on social citizenship.
LO3 Evaluate the different forms of business organisation available in Ireland, considering legal models salient in the social care sector.
LO4 Critique legislative models of social care advocacy in assisting in the exercise of citizenship.
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).
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.
n/a
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 Contract
Agency and legal personhood. Formation of contract, offer, acceptance, consideration, intention to create legal relations, capacity - minors, people with an intellectual disability, assisted decision making models. Terms of contract - express and implied terms, exclusion clauses and consumer protection legislation and agencies. Illegal contracts, contracts contrary to public policy, duress and undue influence (with reference to financial abuse safeguards), undue influence. Discharge of contract and remedies. Interface with social citizenship and participatory rights.
Insurance law
Essential features of the insurance contract. Types of insurance and formation. Principles of Insurance - uberrimae fidei, insurable interest, indemnity, subrogation and contribution. Insurance and the voluntary sector.
Social care advocacy and the law
Principles and types of advocacy - legal personhood and person centred care, child advocacy and the guardian ad litem, assisted decision making, Decision Support Service, Disability Act 2005 & Citizens Information Act 2007. Principles of advocacy - citizenship, participation, empowerment, independence, accountability, equality and the law. Recent developments in social care advocacy.
Business organisation in Ireland.
Organisations and the law - social care as an industry sector, corporate governance and the law, management of social care services and the law. Methods of conducting business in Ireland - sole traders and family businesses, law of persons - partnerships and companies. Registration of business names. Company formation. Accountability. Management and directors duties. Winding up. Company law enforcement. Charities regulation.
Module Content & Assessment
Assessment Breakdown%
Coursework100.00%

Assessments

Coursework
Assessment Type Essay % of Total Mark 40
Timing Week 9 Learning Outcomes 1,2,4
Assessment Description
Critique a form of social care advocacy provided for in legislation in Ireland including origins and legal foundations, analysis of implementation to date with an assessment of reform debates, recommendations for development and interface with participatory citizenship. Word count: approximately 2,500 words.
Assessment Type Essay % of Total Mark 60
Timing Week 13 Learning Outcomes 1,2,3,4
Assessment Description
Second continuous assessment to address the current law and reform debates on 3 topics from a range of options in essay form, each answer to be of equal value. Word count: 3 x 750 words approximately.
No End of Module Formal Examination
Reassessment Requirement
Coursework Only
This module is reassessed solely on the basis of re-submitted coursework. There is no repeat written examination.

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 Specified 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 Specified 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
  • Thullier, A. & MacDaid, C.. (2015), Business Law in Ireland, 1st. 5 - 16, Clarus Press, Dublin, [ISBN: 9781905536771].
  • O'Connor, T (ed.). (2013), Integrated Care for Ireland in an International Context, 1st. Oak Tree Press, Cork, [ISBN: 9781781190807].
  • Hamilton, C.. (2013), Irish Social Work and Social Care Law, 1st. Gill&Macmillan, Dublin, [ISBN: 9780717152667].
Supplementary Book Resources
  • Bartlett, R and O'Connor, D.. (2010), Broadening the Dementia Debate. Towards social citizenship, 1st. The Policy Press, Bristol, [ISBN: 9781847421777].
  • Charles O'Mahony and Gerard Quinn. (2017), Disability Law and Policy An Analysis of the UN Convention, 1st. Clarus Press, Ireland, [ISBN: 9781905536900].
  • Shannon, G.. (2005), Child Law, Thomson Roundhall, Dublin, [ISBN: 1858003520].
  • Foster, Herring and Doron (eds). (2014), The Law and Ethics of Dementia, 1st. 23, Hart Publishing, Oxford, [ISBN: 9781849464178].
  • Bingham, T.. (2010), The Rule of Law, 1st. Penguin, London, [ISBN: 9780141034539].
  • Herring, J.. (2013), Caring and the Law, Hart Publishing, United Kingdom, [ISBN: 9781849461061].
  • Wilks, T.. (2012), Advocacy and Social Work Practice, 1st ed. McGraw Hill/Open University Press, England, [ISBN: 9780335243037].
Recommended Article/Paper Resources
  • Kayess, R. & French, P.. (2008), Out of Darkness into Light? Introducing the Convention on the Rights of Persons with Disabilities, Human Rights Law Review, Vol 8:1 (2008).
  • Flynn, E.. (2013), Making Human Rights meaningful for people with disabilities: advocacy, access to justice and equality before the law, The International Journal of Human Rights, Vol 17, Issue 4,, p.491.
  • Children Rights Alliance. (2015), Making Rights Real for Children: A Children's Rights Audit of Irish Law, p.180,
    http://www.childrenrights.ie
  • Committee on the Rights of Persons with Disabilities. (2014), Committee On The Rights Of Persons With Disabilities. General Comments. General Comment No 1 Article 12: Equal recognition before the law (Adopted 11 April 2014),
    http://www.ohchr.org/EN/HRBodies/CRPD/Pa ges/GC.aspx
  • Jenkins, M.. (2015), Human Rights of older people: Ensuring equal citizenship and the rights of older people residents, The Irish Community Development Law Journal, Vol 4 (1).
  • Council of Europe. (2013), Council of Europe. Who Gets To Decide? Right to legal capacity for persons with intellectual and psychosocial disabilities.,
    https://rm.coe.int/CoERMPublicCommonSear chServices/DisplayDCTMContent?documentId =09000016806da5c
  • Commissioner for Human Rights. (2012), Who gets to decide? Right to legal capacity for persons with intellectual and psychosocial disabilities., Strasbourg,
    https:wcd.int/ViewDoc.jsp?id=1908555
  • United Nations. (1989), The United Nations Convention on the Rights of the Child., United Nations resources, 1989,
    http://www.ohchr.org/en/professionalinte rest/pages/crc.aspx.
  • Flynn, E and Arstein-Kerslake, A.. (2014), Legislating personhood:realising the right to support in exercising legal capacity, International Journal of Law in Context, Vol. 10,.
  • Lister, R.. (2007), ‘Inclusive citizenship: realising the potential’, Citizenship Studies, 11:49-61.
  • Department of Health and Children. (2015), Consultation Paper on Preparing a Policy Approach to the reform of Guardian ad litem arrangements in proceedings under the Child Care Act 1991, Department of Children and Youth Affairs, 2015,
    http://www.dcya.gov.ie
Supplementary Article/Paper Resources
Other Resources
 
Module Delivered in
Programme Code Programme Semester Delivery
CR_HSOCC_8 Bachelor of Arts (Honours) in Social Care Work 1 Mandatory