SBV4500 Prudence and the rule of law in Child welfare work Course description

The course discusses the legal basis for use of coercive measures by the child welfare service in assessment and decision-making processes. Perspectives are provided on legitimisation of coercive measures from a human rights perspective, both coercive measures used against children and adolescents and against parents, and reflection on how different human rights conventions agree with or contradict each other and how the case law of courts of human rights affects national legislation. The course will also focus on how to navigate a discretionary legal landscape in such a manner that fundamental due process protection requirements are met in the decision-making process, and on the relationship between facts and norms.  

The language of instruction is Norwegian.  

Students must have passed the course Application of law in child welfare work (NOKUT)  

After completing the course, the student should have the following overall learning outcomes defined in terms of knowledge, skills and general competence:  

Knowledge 

The student has 

• advanced knowledge of the Child Welfare Act’s provisions concerning emergency measures and coercive measures seen in relation to the UN Convention on the Rights of the Child and the European Convention on Human Rights (ECHR)  
• advanced knowledge of the legal provisions that govern consideration of child welfare cases by the county social welfare boards and the courts  
• advanced knowledge of children’s rights in institutions and the limitations on use of coercive measures   
• advanced knowledge of fundamental due process protection requirements, including the requirement for prudence in assessment and intervention work and in decision-making processes   

Skills   

The student can 

• analyse and take a critical approach to the child welfare service’s role, power and exercise of authority and to their own values in work with children, young people and families, in accordance with the legitimisation of coercive measures from a human rights perspective  
• explain legal assessments in writing and verbally and distinguish them from child welfare assessments, as well as document and give grounds for child welfare assessments in accordance with applicable legal requirements  
• make decisions based on a comprehensive range of legal sources and legal methodology   
• apply legal methods to exercise sound legal judgement in child welfare work and document assessments and decisions  

General competence  

The student can 

• explain the legal basis for the child welfare service’s role and purpose in society   
• analyse and explain relevant legal issues  
• identify and analyse risk areas in own activities and help to prevent failure and change practice as needed   

The course emphasises problem-based student-active forms of learning where students solve concrete assignments, in addition to lectures.  

The following required coursework must have been approved before the student can take the exam: 

• Coursework requirement 1: An individual written assignment with a scope of 2,000 words (+/- 10%).  

The purpose of the coursework requirement is to train students in writing legal texts.  

The required coursework must be completed and approved by the stipulated deadline in order for the student to take the exam. If the coursework is not approved, the student will be given the opportunity to submit an improved version once by a given deadline. 

The exam is an individual written home exam over 5 hours. 

All legal sources are permitted.  

Grade scale A-F  

The exam papers are assessed by one internal and one external examiner. At least 25% of the exam papers will be assessed by two examiners. The grades awarded for the papers assessed by two examiners form the basis for determining the level for all the exam papers.