Module Handbook FDH 2100

Legal and Ethical Perspectives

Module Leader Jacqui Hitchen

hitchenj@edgehill.ac.uk 01695 657 027

FACULTY OF HEALTH AND SOCIAL CARE

Department of Applied Health & Social Care

FdSc Public Health Student Intake: September 2011

Ormskirk Campus

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CONTENTS

Introduction Page 3

Learning Outcomes Page 4 Assessment Strategy Page 5 Assessment Submission Page 6 Confidentiality Statement Page 8 Learning Resources Page 9

Appendix A: Marking Criteria

Timetable

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INTRODUCTION Welcome to module FDH 2100 Legal and Ethical Perspectives. On successful completion of all the elements within the module, you will be awarded 20 credits at Level 5. The purpose of the module is to develop awareness of accountability and accountable practice within legal, professional and ethical frameworks, pertinent to your specific practice and client base. In addition it will encourage you to reflect on your personal and professional abilities and boundaries and that of the multi-professional team. Throughout the module I will be your module leader and my contact details are listed on this handbook cover. If you wish to arrange a tutorial outside the timetabled support, please contact me to arrange an appointment. This will ensure that I am available to see you and will prevent a wasted journey for yourself. This module handbook should be read in conjunction with your Programme Handbook provided at the start of the course and available in your BlackBoard area, which details important information regarding confidentiality, academic rules, regulations and support. On behalf of all the staff within the Faculty of Health and Social Care, I would like to offer you a warm welcome, I hope that you enjoy this module and wish you every success.

Jacqui Hitchen Module Leader

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ONLINE SUPPORT FOR LEARNING To support independent study you will have access to Blackboard 9.1 (Learning Edge). This online area contains links to relevant module materials available on the internet as well as links to electronic journals and books to provide flexible 24/7 access. LEARNING OUTCOMES On successful completion of the module you will be able to: 1. Differentiate between the implications of an ethical and a legal dilemma.

2. Analyse the factors which influence the development of personal and profession/work-

based ethics. 3. Explore and analyse complex problems/dilemmas in regard to the legal and

philosophical issues within everyday life. 4. Demonstrate, through the use of analytical discussion and debate, an ability to apply

legal and philosophical theories in order to reach an informed opinion.

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ASSESSMENT STRATEGY Formative Assessment Within this module a range of formal and informal assessment procedures will be employed during the learning process to support you in achieving the learning outcomes and to improve your performance in the summative assessment. This will include student led seminars in which legal and ethical dilemmas are presented and discussed. Summative Assessment The summative assessment for this module will be: Scenario based 2 hour seen exam, which will enable you to demonstrate an ability to utilise and apply legislation and philosophical principles, analyse the issue(s) within the scenarios and reach an informed conclusion. This will meet Learning Outcome nos 1, 2, 3 and 4. In order to pass the module you must achieve a minimum mark of 40%. ASSIGNMENT GUIDANCE I will discuss in full the examination conditions and will also be facilitating your understanding of the legal and ethical issues contained within the scenario throughout the course of the module.

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ASSIGNMENT SUBMISSION

Exam Date: 25th January 2013

Provisional Marks available by: 15th February 2013

Non-attendance will result in a fail grade being recorded.

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Examination Rules and Regulations

Ensure you arrive at least 30 minutes before the start time.

It is essential you bring your library ID card with you. If for any reason you cannot provide your library card you must provide other photo identification. Failure to do so will result in your exclusion from the examination.

You must not enter the examination room until instructed to do so by the invigilator.

The marking criteria being used in this assessment strategy are attached in Appendix A of this handbook.

Confidentiality and academic malpractice regulations apply to all assessments.

Please note if you are unable to attend your examination due to sickness or other exceptional mitigating circumstances, it will be necessary for you to submit an exceptional circumstances form along with appropriate evidence (e.g. a medical certificate/independent evidence).

The details of the external examiner responsible for the assessment of this module can be found within the Health Student Wiki at: https://go.edgehill.ac.uk/wiki/display/health/External+Examiners+-+Student+Info

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CONFIDENTIALITY STATEMENT There should be no reference within your assessed work to any name or identifying information relating to patients/clients or any staff member of any organisation. Inclusion of such information will result in a failed submission. Where it is relevant to state name of any organisation then the information should be supported by reference to published documents that are available to the general public and form approved official documentation relating the operation and provision of that organisation. It would be considered relevant to include the name of an organisation when:

Discussing/debating/analysing published data relating to the performance of that organisation.

Discussing/debating/analysing published and approved policy and strategy of that organisation.

Discussing/debating/analysing published research/evaluations/audit/opinion, which relates to and names that organisation.

For further details relating to both assessment processes and regulations, please refer to your Programme Handbook.

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LEARNING RESOURCES Please use the library catalogue to access all your print and e-resources. Blackburn, S. (2003) Ethics: A Very Short Introduction. Oxford: Oxford University Press. Bowie, R.A. (2004) Ethical Studies 3rd edition Nelson Thornes. Cartlidge, P. (ed) (2007) Ethical, legal and social aspects of child healthcare. Edinburgh: Elsevier. Clark, C. (2000) Social Work Ethics: Politics, Principles and Practice. Basingstoke: Macmillan. Harris, P. (2006) An Introduction to Law 7th edition Cambridge University Press. Herring, J. (2008) Criminal Law: Text, Cases and Materials 3rd edition Oxford University Press. HMSO (1998) The Human Rights Act. London: HMSO. HMSO (1998) Crime and Disorder Act. London: HMSO. HMSO (1989) The Children Act. London. HMSO. HMSO (2004) The Children Act. London: HMSO. Martin, E.A. and Law. J. (2006) A Dictionary of Law Oxford University Press. Seedhouse, D. (2007) Ethics: The Heart of Health Care. Chichester: John Wiley & Sons Warburton, N. (2006) Philosophy: The Classics Routledge. Wadham, J. (2006) Blackstone’s Guide To the Human Rights Act 1998. Oxford: Oxford University Press. Journals Journal of Ethics Human Rights Law Review Oxford Journal of Legal Studies The British Journal of Criminology Websites www.hmso.gov.uk/acts.htm Current Acts of Parliament http://www.hmso.gov.uk/stat.htm Current Statutory Instruments http://194.128.65.4/pa/pabills.htm Parliamentary Bills www.lawtel.com www.venables.co.uk

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APPENDIX A

Examination Marking Criteria: Academic Level 5

Weighting 90% 10%

Descriptor Grade

Relevant knowledge and understanding

Application of theory to practice (If relevant)

Level of analysis

Level of * investigation and use of supporting evidence

Structure presentation and grammar

90-100% Thorough knowledge of the topic, explicitly related to wide ranging knowledge of the discipline(s). Utilises an excellent questioning approach to reach an appropriate structured conclusion. Excellent understanding of the wider implications. Specified learning outcomes and assessment criteria met.

Thorough knowledge and understanding demonstrated, with excellent application of theories and principles to practice.

Demonstrates excellent analytical skills, drawing effectively on a wide range of relevant perspectives to develop a clear line of persuasive discussion.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Excellent use of key texts and a wide range of relevant resources, cited accurately. Draws from a wide range of perspectives.

Excellent structure; work is logically developed, relevant, clear and legible throughout. Appropriate use of language and grammar. Work is presented in accordance with the examination guidelines. Comprehensive answers are provided for all the examination questions.

80-89% Thorough knowledge and an explicit understanding of the topic. Very good understanding of the wider implications. Demonstrates the ability to reach a structured conclusion. Specified learning outcomes and assessment criteria met.

Thorough knowledge and understanding clearly demonstrated. Excellent application of theories and principles to practice.

Demonstrate excellent analytical skills, drawing effectively on a wide range of relevant perspectives to develop a discussion.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Excellent use of key texts and a range of relevant resources/ evidence cited accurately. Draws from a wide range of perspectives.

Very well structured, clear, relevant and legible. Appropriate use of language and grammar. Work is presented in accordance with the examination guidelines. Comprehensive answers are provided for all the examination questions.

70-79% Thorough knowledge and clear understanding of the topic. Demonstrates the ability to reach a structured conclusion. Accurate use of terminology within the appropriate context. Good understanding of the wider implications. Specified learning outcomes and assessment criteria met.

Thorough, knowledge and understanding demonstrated and a very good application of theories and principles to practice.

Demonstrates a very good use of analytical skills and the ability to inform their approach by drawing on a range of perspectives.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Key texts and a range of relevant resources/ evidence used effectively and cited accurately.

Clearly and logically presented. Work is clear, relevant and legible. Appropriate use of language and grammar. Work is presented in accordance with the examination guidelines. Answers all examination questions in full.

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Examination Marking Criteria: Academic Level 5 continued …

Weighting 90% 10%

Descriptor Grade

Relevant knowledge and understanding

Application of theory to practice (If relevant)

Level of analysis

Level of * investigation and use of supporting evidence

Structure presentation and grammar

60-69% Good knowledge and understanding of topic issues. Good attempt to reach a logical conclusion. Mostly accurate use of terminology. Some acknowledgement of the wider implications. Specified learning outcomes and assessment criteria met.

Good knowledge and application of theories and principles to situations and practice.

Demonstrates a good level of analysis of the key issues.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Appropriate key texts/ evidence used effectively, and mostly cited accurately.

Clearly structured with relevant answers. Language and grammar used appropriately. Work is presented in accordance with examination guidelines. Generally all examination questions are answered in full.

50-59% Good general knowledge and understanding of the topic issues. Attempts made to reach a logical conclusion. Some ability to use terminology. Specified learning outcomes and assessment criteria met accurately.

Demonstrates knowledge and understanding. Applies theories and principles to practice.

Demonstrates some analysis of key issues.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Demonstrates a developing ability to use key texts/evidence effectively and accurately.

Overall structure is clear with core elements completed. Language and grammar are generally used appropriately. There are some part/unfinished elements. Work is presented in accordance with the examination guidelines.

40-49% Some knowledge and understanding of the topic area. A developing ability to use appropriate terminology. Little evidence of a conclusion or conclusion inappropriate. Specified learning outcomes and assessment criteria met at threshold.

Demonstrates a developing ability to apply theory and principles to practice. Some knowledge and understanding.

Developing an ability to analyse key issues but with a tendency to be descriptive.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Broadly refers to key texts/ evidence.

Core elements attempted with some inaccuracies/ errors. Language and grammar are generally used appropriately. Generally satisfactory structure. There are some part/unfinished questions. Work is presented in accordance with the examination guidelines.

30-39% Limited evidence of sufficient knowledge or understanding. Core knowledge not demonstrated. Work does not reach a conclusion. Little use of appropriate terminology. Specified learning outcomes and assessment criteria are not met.

Demonstrates limited application of theory to practice.

Largely descriptive with little evidence of analysis.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Limited use of key texts/ evidence. There are some inconsistencies and inaccuracies.

Poorly structured work with some irrelevant and inaccurate material included. Text tends to be disjointed. Paper is incomplete with some core elements not attempted. Work is not presented in accordance with the examination guidelines.

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Examination Marking Criteria: Academic Level 5 continued …

Weighting 90% 10%

Descriptor Grade

Relevant knowledge and understanding

Application of theory to practice (If relevant)

Level of analysis

Level of * investigation and use of supporting evidence

Structure presentation and grammar

20-29% Inadequate knowledge or understanding of topic issues. Some factual errors. Specified learning outcomes and assessment criteria are not met.

Demonstrates insufficient application of theory to practice.

Very descriptive approach with no evidence of any attempt to analyse.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Insufficient use of any key texts/evidence. There are inconsistencies and inaccuracies throughout the work texts.

Little evidence of any structure to the work. Some questions are not attempted, core elements are not completed. Text is disjointed and unclear. Many examples of inaccurate and irrelevant material included. Work is not presented in accordance with the examination guidelines.

10-19% Inadequate knowledge or understanding of topic issues. Several factual errors. Specified learning outcomes and assessment criteria are not met.

No application of theory to practice.

No evidence of analysis.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: Lacks evidence of reading and use of any supportive material.

Very little evidence of any structure to the work. Questions are not attempted and the core elements are not completed. Text is difficult to follow and disjointed. High levels of irrelevant and inaccurate material included. Work is not presented in accordance with the examination guidelines.

1-9% No knowledge or understanding of topic issues. Many factual errors. Specified learning outcomes and assessment criteria are not met.

No application of theory to practice.

Purely descriptive with unsubstantiated claims.

Please refer to the specific assessment guidance to determine whether the examination requires the use of supporting references and texts. If appropriate: No supporting material included.

No evidence of any structure. Content is not comprehensible, relevant and accurate. Paper is incomplete with no attempt to answer the questions set. Work is not presented in accordance with the examination guidelines.

0% Non arrival for the examination without prior permission granted. Examination policy re permitted times of entry and exit from the examination are not adhered to. Evidence of academic malpractice as defined by Institutional Policy. Major breach of confidentiality. Evidence of unsafe/harmful or discriminatory practice or presentation of misinformation. Writing throughout is illegible and cannot be read by the markers.

NB: All work submitted is expected to adhere to guidance regarding the recommended wordage. Failure to do so is likely to influence the final grade awarded.

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TIMETABLE FdSc Public Health Programme

Day and Date Time Session Facilitator Venue

Friday 26th October 2012

09.00-12.00 12.00-13.00 13.00-16.00

Ice breakers Introduction to the Module Lunch Introduction to the Legal System

Jacqui Hitchen Jacqui Hitchen Jacqui Hitchen

TBC H 240

Friday 2nd November 2012

09.00-12.00 12.00-13.00 13.00-16.00

Accountability and Responsibility Negligence Lunch Consent Family Law Reform Act Assignment Guidelines

Jacqui Hitchen Jacqui Hitchen

TBC Boardroom

Friday 7th December

09.00-12.00 12.00-13.00 13.00-16.00

Introduction to Fundamental Ethical Principles Lunch A Question of Rights Causes of Ethical Dilemmas Seedhouse’s Iceberg Analogy

H103 (all day)

Friday 14th December

09.00-12.00 12.00-13.00 13.00-16.00

Consent and the Human Rights Act Mental Capacity Act Lunch Confidentiality Documentation and Record Keeping Evaluation Tutorials

Jacqui Hitchen Jacqui Hitchen

H104 (all day)