SPOL41070 Law for Social Work

Academic Year 2023/2024

CORU standards of proficiency require that social workers can practice safely and effectively within the legal, ethical and practice boundaries of the profession. This module is designed to introduce students to areas of law which will be of particular relevance to social workers in their professional practice.

The module begins with an introduction to 'thinking legally' in social work which also covers the requirements of professional regulation and provisions of the current Code of Professional Conduct and Ethics for the profession. The module takes a focus on child welfare, adoption, domestic violence, maintenance, custody, access, guardianship, divorce and separation, as well as the law relating to adult services, mental health, capacity, and data protection.

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Curricular information is subject to change

Learning Outcomes:

On completion of this module students will be able to demonstrate an awareness of current guidelines and legislation most relevant to the social work role. Students are not expected to be competent to give legal advice but will be able to practice safely and effectively within the legal, ethical and practice boundaries of the profession. Students will gain an understanding of the role of systems and policies in supporting dignity and equality for services users.

CORU Standards of Proficiency

Students will be able to meet the following Social Workers Registration Board (CORU) standards of proficiency appropriate to year one development:

Domain 1: Professional autonomy and accountability

1. Be able to practise safely and effectively within the legal, ethical and practice boundaries of the profession
2. Be able to identify the limits of their practice and know when to seek advice and additional expertise or refer to another professional
3. Be able to act in the best interest of service users at all times with due regard to their will and preference.
4. Be aware of current guidelines and legislation relating to candour and disclosure
6. Be able to exercise a professional duty of care
7. Understand the importance of maintaining accurate up to date documentation
8. Understand what is required of them by the Registration Board and be familiar with the provisions of the current Code of Professional Conduct and Ethics for the profession issued by the Registration Board
10. Understand the role of policies and systems to protect the health, safety, welfare, equality and dignity of service users, staff and volunteers
11. Understand and respect the confidentiality of service users and use information only for the purpose for which it was given
12. Understand the limits of confidentiality in the context of a variety of team settings
14. Be aware of current data protection, freedom of information and other legislation relevant to the profession and be able to access new and emerging legislation
15. Be able to recognise and manage the potential conflict that can arise between confidentiality and whistle-blowing
16. Be able to gain informed consent to carry out assessments or provide treatment/interventions and document evidence that consent has been obtained
17. Be aware of current legislation and guidelines related to informed consent, for individuals with lack of capacity
18. Recognise personal responsibility and professional accountability for one’s actions and be able to justify professional decisions made
20. Understand the principles of professional decision-making and be able to make informed decisions within the context of competing demands including those relating to ethical conflicts and available resources

Domain 2: Communication, Collaborative Practice and Teamworking

3. Recognise service users as active participants in their health and social care and be able to support service users in communicating their health and/or social care needs, choices and concerns
4. Understand the need to empower service users to manage their well-being where possible and recognise the need to provide advice to the service user on self-treatment, where appropriate
7. Be able to apply digital literacy skills and communication technologies appropriate to the profession
9. Be able to express professional, informed and considered opinions to service users, health professionals and others e.g. carers, relatives in varied practice settings and contexts and within the boundaries of confidentiality
12. Understand the need to work in partnership with service users, their relatives/carers, guardians and other professionals in planning and evaluating goals, treatments and interventions and be aware of the concepts of power and authority in relationships with service users

Domain 3: Safety and Quality

1. Be able to gather all appropriate background information relevant to the service user’s health and social care needs
2. Be able to justify the selection of and implement appropriate assessment techniques and be able to undertake and record a thorough, sensitive and detailed assessment
4. Be able to analyse and critically evaluate the information collected in the assessment process
5. Be able to demonstrate sound logical reasoning and problem solving skills to determine appropriate problem lists, action plans and goals
6. Be able to demonstrate an evidence-informed approach to professional decision-making, adapting practice to the needs of the service user and draw on appropriate knowledge and skills in order to make professional judgments
13. Be able to have knowledge of critical engagement with relevant and current health and safety legislation and guidelines

Domain 4: Professional Development

2. Understand the need to demonstrate evidence of ongoing continuing professional development and education, be aware of professional regulation requirements and understand the benefits of continuing professional development to professional practice

Domain 5: Professional Knowledge and Skills

1. Know, understand and apply the key concepts of the domains of knowledge which are relevant to the profession for individuals, groups and communities
3. Have a critical understanding of sociology, psychology, human growth and development, health, law, economics and political science
7. Critically understand and apply a human rights-based approach
8. Critically understand the legislative basis of actions within a service
9. Demonstrate an awareness and critical understanding of how social work practice is influenced by regulations, national guidelines and standards, findings of inquiries, investigations, associated reports; issues and trends in public and policy development; and be able to access new and emerging information which affects social work practice
11. Be able to maintain professional boundaries with service users within a variety of social work settings and be able to identify and manage any associated challenges
12. Critically understand and apply the principles of partnership, participation and power sharing within the social work context.
15. Recognise the role of advocacy in promoting the needs and interests of service users; be able to advocate on the behalf of service users
16. Critically understand the capacity of system-level change to improve outcomes, access to care, and delivery of services, particularly for marginalised groups
17. Recognise that service users have the right to self-determination including to take risks
19. Critically understand the role of ethics in the use of digital and social media including maintaining confidentiality and professionalism
20. Be able to write concise, accurate reports which articulate and justify professional decisions made
24. Be able to identify and critically understand the impact of organisational, governmental, community and societal structures, systems and culture on health and social care

Indicative Module Content:

The module begins with an introduction to 'thinking legally' in social work which also covers the requirements of professional regulation and provisions of the current Code of Professional Conduct and Ethics for the profession. The module takes a focus on child welfare, adoption, domestic violence, maintenance, custody, access, guardianship, divorce and separation, as well as the law relating to adult services, mental health, capacity, and data protection.

The topics covered in family law are those on which legal advice is most commonly sought, such as child welfare, adoption, domestic violence, maintenance, custody, access, guardianship, divorce and separation and the law relating to non-marital families. Students are also introduced to other areas of law such as health, mental health and disability.

Student Effort Hours: 
Student Effort Type Hours
Lectures

22

Specified Learning Activities

40

Autonomous Student Learning

60

Total

122

Approaches to Teaching and Learning:
Teaching and learning for this module will be delivered via face-to-face in-person lectures. The module includes child law material delivered by a practicing Barrister alongside programme team inputs in respect of mental health, adult services, capacity, data protection, and child protection.

The Assessment for this module will assess the following Standards of Proficiency: 1.4, 1.14, 1.15, 1.16, 1.17, 1.18, 2.7, 2.9, 3.4, 3.5, 5.8, 5.17, 5.19.
 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Examination: 2 hour end of term in person examination 2 hour End of Trimester Exam No Alternative non-linear conversion grade scale 50% No

100


Carry forward of passed components
No
 
Remediation Type Remediation Timing
In-Module Resit Prior to relevant Programme Exam Board
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, post-assessment
• Group/class feedback, post-assessment

How will my Feedback be Delivered?

General group feedback will occur post-exam. In addition to this, individual feedback may be sought from the module coordinator by appointment.

General Reading and Learning Resources:

Bracken, L. 2018, Child law in Ireland, Clarus Press, Dublin

Byrne, R., McCutcheon, P., Bruton, C. and Coffey, G. (2014) Byrne and McCutcheon on the Irish Legal System, Bloomsbury Professional, Dublin.

Harding, M., and McGowan, D. (2023) Family Law in Context, Clarus Press, Dublin, Ireland.

Hamilton, C. (2011) Irish Social Work and Social Care Law. Gill and McMillan, Dublin. (Library copies only, out of print)

Shannon, G. (2016) Children and Family Relationships Law in Ireland: Practice and Procedure. Clarus Press, Dublin

Shannon, G. 2020, Child and family law, Third edn, Round Hall, Dublin, Ireland.

Keys, M. (2014) 'Emerging issues in the law within a changing human rights framework', in A. Higgins and S. McDaid (eds) Mental Health in Ireland, Dublin: Gill & Macmillan.

Walsh, K. 2020, The development of child protection law and policy: children, risk and modernities, Routledge, London.

Mooney, J. (2018) Adult disclosures of childhood sexual abuse and section 3 of the child care act 1991: past offences, current risk, Child Care in Practice, DOI: 10.1080/13575279.2017.1347145

Mooney, J. (2020) Incorporating the EU Victims Directive into the assessment of retrospective disclosures of childhood sexual abuse. The Irish Social Worker, Winter 2019, pp 35-44.
Name Role
Professor Jim Campbell Lecturer / Co-Lecturer
Assoc Professor Sarah Donnelly Lecturer / Co-Lecturer
Assoc Professor Muireann Ní Raghallaigh Lecturer / Co-Lecturer
Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Autumn
     
Lecture Offering 1 Week(s) - 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 Tues 09:00 - 10:50