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2018/19 Taught Postgraduate Module Catalogue

LAW5405M Social Care Law: National and International Contexts

30 creditsClass Size: 25

Module manager: Professor Luke Clements
Email: l.j.clements@leeds.ac.uk

Taught: Semester 2 (Jan to Jun) View Timetable

Year running 2018/19

This module is not approved as an Elective

Module summary

The module explores the theory and practice of laws (national and international) and legal systems that regulate the rights of individuals to social care support. The module considers the history, development and future evolution of these laws and systems from the perspective of elderly, ill and disabled people as well as for caregivers.

Objectives

At the end of this module, students will be aware of and have a clear understanding of:

- the international legal norms that seek to regulate the rights of individuals to social care support;
- the differing forms of welfare states that have emerged and how these are (and have been) legally configured to address the need of those individuals requiring social are support;
- the underpinning theories and economic systems that have shaped the various welfare responses to the needs of people for social care support;
- the debates that have critically analysed the effectiveness of differing social are systems in addressing the needs of individuals for social care support as well as the compliance of these systems with the relevant overarching international legal treaties and principles.

Learning outcomes
At the end of this module, a student should have:

- a sound understanding of the theory and practice of laws (national and international) and legal systems that regulate the rights of individuals to social care support;
- a sound understanding of the development of the rights of individuals to social care support and of the differing forms of welfare states that have emerged and how these are (and have been) legally configured.
- an ability to critically analyse the advantages and disadvantages of the differing laws and systems that regulate social care legal rights – particularly from the perspective of their compliance with the requirement of social justice and international legal principles, including the UN Convention on the Rights of People with Disabilities;
- an ability to critically analyse current and future policy initiatives and legal reforms relating to the provision of (and funding mechanisms for) social care.

Skills outcomes
Presentation skills
Self-reflection
Group-work
Problem solving approaches


Syllabus

The module begins with two interactive lectures. These provide an overview of: (1) the module structure and the topics to be considered; (2) the evolution of the welfare state, the differing models that have developed and the theories of the role, purpose and classification of welfare states; (3) the international legal context – particularly the relevance of the UN Convention on the Rights of People with Disabilities and the International Covenant on Social Economic And Cultural Rights

Eight seminars follow (topics listed below) for which there are several cross cutting themes, including:
- the way that the 'rights' discourse has been accommodated into social care – with differing conceptualisations of concepts such as 'independence' and 'choice'.
- national funding responses to the so-called 'crisis of care': means testing and the challenges of long term care: a comparative (international) analysis;
- the problematic nature of the traditional law model of dispute resolution / justice to address the multiple / clustered problems experienced by people in need of social care support.

The main topics are likely to include:
- Historical overview: different conceptions of 'the Welfare State' and the Poor Law tradition;
- Current trends: Commodification, personalisation, 'responsibilisation', the marginalisation of 'professionalism', the focus on business models and algorithmic approaches to define/limit the role of the law in needs assessment;
- Social care 'needs' and assessing eligibility: 'services' and 'outcomes'. The legal duty to provide care and support; entitlement to care and support: professional and algorithmic approaches;
- The language of rights: the underpinning principles of social care. The social model of disability and the discourse of burden;
- The rise of the carers movement: Carers (informal and paid) and the Law;
- Funding for care: means testing and the challenges of long term care: a comparative (international) analysis;
- Debate: a contemporary and controversial social care question;
- Social justice and social care remedies: disadvantage, the barriers to accessing justice and psychology of problem solving.

Teaching methods

Delivery typeNumberLength hoursStudent hours
Lecture22.004.00
Seminar83.0024.00
Private study hours272.00
Total Contact hours28.00
Total hours (100hr per 10 credits)300.00

Private study

10 hours preparation for each of the lectures and seminars = 100 hours
20 hours preparation for oral presentation (student semester presentations)
32 hours preparation for the debate: the topic of the debate will be announced in the first lecture as will be each student's particular role in the debate
120 hours preparation for essay

Opportunities for Formative Feedback

During the module, student performance will be monitored in the following ways:
Seminars – seminar leaders will be asked to send a note to the module co-ordinator after each seminar about the performance of the students present and indicating any concerns about students who are struggling.

Oral presentation – This will be scheduled after seminars have finished but some weeks before the essay is due to be submitted. Students will be given feedback on the substantive content, as well as the style, of their oral presentation.

Debate – This will be scheduled (generally) as the 7th seminar. Students will each be assigned a specific role in the debate at the first lecture. They will be given feedback on the substantive content, as well as the style, of their oral presentation.

Methods of assessment


Coursework
Assessment typeNotes% of formal assessment
Essay1 x 6,000 word essay80.00
Poster Presentation1 x poster presentation on a module related topic20.00
Total percentage (Assessment Coursework)100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 22/03/2019

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