Molly Case Study - A Residential Care Centre in Dublin - Law Assignment Help

Assignment Task:

Section A 

Molly is a Social Care Worker who was, until recently, employed at a residential care centre in Dublin. Three teenage boys reside at the centre, Adam and Joe, who are both aged 15 and Ronald, who is 16. This was Molly’s first job following her graduation from college.  After the work Christmas party, Molly returned to work to complete a night shift. She had had a few drinks at the party so was a little drunk when she reported for work. Soon after arriving at work, she went to bed. A little while later, Ronald came into her room and climbed into bed beside her. In her partially drunken state, her judgement was impaired and she had sex with Ronald. Ronald then left Molly’s room and returned to his own bed. The next day, when Molly realised what had happened, she was devastated and begged Ronald not to tell anyone. Ronald promised that he would not tell anyone. However, Adam overheard the conversation between Molly and Ronald and was intrigued by what he heard. He approached Molly later that day and told her that he knew everything. He threatened her that if she did not sleep with him, he would tell her manager about what had happened between her and Ronald. Immediately after the conversation, Molly burst into tears, went home and sent a text message to her manager saying that she was resigning with immediate effect. She gave no further explanation and did not return to work.  Adam then contacted Molly on Facebook and warned her that if she did not agree to meet him, he would go to the Guards to report her for sleeping with Ronald. She reluctantly met with Adam in the hope that she could dissuade him from going to the Guards. They met at a secluded location in a local park. When Molly refused to engage in any sexual activity with Adam, he became aggressive, hit her and tried to pull off her top and jeans. Molly managed to fight him off and run away. She then reported the matter to the Guards as she was terrified that Adam would attack her again. The Guards interviewed Adam. While Adam denied touching Molly, he told them about her and Ronald. The Guards conducted an investigation into the matter and sent a file on the case to the Office of the Director of Public Prosecutions (DPP).  

The DPP now seeks your advice in relation to the charges that may be brought against both Molly and Adam.  Please advise the DPP’s office accordingly, with reference to legislation and case law. 

Section B 

Answer only one question from this section. Additional questions will not be marked and so will not count towards your grade. 

Q.1.  Under section 26 of the Child Care Act 1991, the court may appoint a guardian ad litem if it is in the interests of the child and in the interests of justice to do so. Critically discuss, with reference to academic literature, the extent to which the Child Care (Amendment) Bill 2019 will impact the current law governing the appointment, role and operation of the Guardian Ad Litem system in Ireland. 

Q.2. According to the ‘Annual Report of the Committee Appointed to Monitor the Effectiveness of the Garda Diversion Programme 2017’, the year 2017 saw youth referrals to the diversion programme rise to 20,006 from 17,615 in 2016.  Critically assess, in a comprehensive manner, the juvenile justice system in Ireland with specific reference to the Garda Diversion Programme. In your answer, refer to relevant legislation, appropriate annual reports and academic literature. 

Q.3.  Amanda is employed as a social care professional at a Children’s Residential Centre. Over the past six months, she has complained several times to Emma, her manager, about the crude manner in which Joe, one of her colleagues speaks to her. Amanda informed Emma that Joe repeatedly makes comments to her that are loaded with sexual innuendo and that he comments on her clothing and her style of dress. Emma responded by telling Amanda “not to be such a prude”.  

Joe’s comments continued unabated and became even more sexually inappropriate in the last week. Amanda then decided that she could not tolerate it any longer and she resigned. Amanda now approaches you seeking advice as to whether or not she might have a claim against her former employment. Advise Amanda comprehensively in relation to all legal matters that may arise in the case. In your answer, please make reference to relevant legislation and case law.  

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