Module overview
Recent high-profile cases Re W (A Child) [2021], Bell v Tavistock [2020] and [2021], NHS Trust v CX [2019] and Great
Ormond Street Hospital v Yates [2017], have incited an international conversation on the unique ethical and legal
issues that arise from children in the medical context.
From children’s consent to medical treatment to the more limited power to refuse. Assisted dying to saviour siblings.
Resolving conflicts between parents and healthcare professionals caring for very unwell children to shared decision-making. This module conducts an in-depth and often critical examination of child medical law.
This module will implement a psychology research methodology, IPA, as a teaching pedagogy exploring the phenomena of children in the medical context through the lived experiences of those impacted by it. Through a combination of lived experiences of patients, children and healthcare professionals, case law, legislation, academic and non-academic literature, this module will provide a fresh, unique, and exciting analysis of child medical law.
Aims and Objectives
Learning Outcomes
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- manage one's time effectively;
- formulate an effective, reasoned and structured argument;
- present complex ideas and argumentation in the form of a presentation and in writing. Demonstrate advanced written and oral presentation skills;
- design and conduct an independent research project;
- to work in groups and sensitively deal with controversial issues that arise in children's medical law.
- analyse, interpret and evaluate legal and academic sources and complex dilemmas;
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the theories of bioethics and the sociology theories of childhood;
- children's medical law;
- the legal standards and frameworks that regulate and guide the response to these dilemmas in practice;
- the wider societal, historical, and legal context of child medical law.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- communicate orally and in writing a well-developed understanding of child medical law and relevant bioethical and sociology discourse and its application to the solution of legal and ethical dilemmas;
- engage in debate and critical thinking about the unique legal and ethical issues associated with child medical law and be able to discuss sensitive ethical and legal dilemmas in a constructive and coherent manner;
- identify and locate often complex primary and secondary legal sources relevant to child medical law;
- the formulation of effective and comprehensive argument with clear and accurate use of language and legal terminology, demonstrating an appreciation of academic integrity.
- conduct an independent research project;
- analyze and assess legal materials by way of statutory interpretation, case analysis and review of secondary materials to identify, comprehend and evaluate fundamental legal principles and their impact upon contemporary issues;
- to develop well-reasoned academic arguments in a coherent, logical and sophisticated manner supported by authority and theoretical frameworks;
Syllabus
From children’s consent to medical treatment to the more limited power to refuse. Assisted dying to saviour siblings.
Resolving conflicts between parents and healthcare professionals caring for very unwell children to shared decision making. This module conducts an in-depth and often critical examination of child medical law.
This module will implement a psychology research methodology, IPA, narrative led pedagogy and critical pedagogy as a teaching pedagogies exploring the phenomena of children in the medical context through the lived experiences of those impacted by it. Through a combination of lived experiences of patients, children and healthcare professionals, case law, legislation, academic and non-academic literature, this module will provide a fresh, unique, and exciting analysis of child medical law.
The module is taught through workshops.
Workshop 1: An introduction to the module and a critical examination of the social and legal construction of childhood.
Workshop 2: The first pillar of child medical law, paramountcy of welfare, is examined using the theoretical framework of welfarism. We use case studies in vaccination disputes and medical treatment disputes as examples for framing a best interest assessment.
Workshop 3: The second pillar of child medical law is examined, the right to participate in healthcare decisions, using children’s participation theory as a theoretical framework.
Workshop 4: Medical decision-making with and for children. We explore children’s powers to consent and refuse medical treatment and consider how their age and capacity limits or expands their powers to make medical decisions. We engage with childhood autonomy theory, welfarism and participation theory. (Workshop includes practising with Panopto equipment that will be necessary for your summative exam)
Workshop 5: Using Principilsm as a theoretical frame to examine the ethics and legal regulation of children as live organ donors and saviour siblings.
Workshop 6: We consider the unique ethical and legal dilemmas that are associated with a child being a deceased organ donor and their ability to consent to being a deceased organ donor. We consider the topic of death and dying. We discuss how decisions are made regarding withdrawal of life sustaining treatment involving a child particularly where parents and doctors disagree. Finally, we consider assisted dying.
Workshop 8: Writing Retreat: Selecting your research project: moving from topics of interest to a research question. Abstract writing support, writing a research proposal (including literature review, research questions and methodology). 1-1 and peer support on your research project.
Workshop 9: Conference: Formative assessment.
Workshop 10: Conference: Formative assessment.
Learning and Teaching
Teaching and learning methods
10 x2 hours of Tutorials (known as workshops) once a week (20 hours total).
Independent research.
| Type | Hours |
|---|---|
| Completion of assessment task | 88 |
| Seminar | 20 |
| Preparation for scheduled sessions | 32 |
| Total study time | 140 |
Assessment
Assessment strategy
Research conference. This assessment structure replicates a real-world conference so you are fully equipped to publish or present your work if you so desire.Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Abstract and Presentation
- Assessment Type: Formative
- Feedback: Written feedback will be provided. You may use this feedback to improve your summative assessments.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Research paper | 60% |
| Individual Presentation | 25% |
| Abstract and Presentation | 15% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Research paper | 60% |
| Abstract and Presentation | 15% |
| Individual Presentation | 25% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
| Method | Percentage contribution |
|---|---|
| Research paper | 60% |
| Individual Presentation | 25% |
| Abstract and Presentation | 15% |
Repeat Information
Repeat type: Internal & External