Analysis of Ethical Dilemma

COVER PAGE

Name: BKR Anonymous

Student Number: 1

Subject Code:

Assessment number:

Assessment title Analysis of Ethical dilemma

Word count: Part B: 1942 words

Date Submitted: 9th February 2011

Assessment Page 1 of 10

Assessment 2 - ETHICAL DILEMMA

Ethical Dilemma: Assignment Statement

Ruby a 4 year child in our centre usually sleeps for almost 2 hours after lunch each day. Her

parents (in this case her mother) want her to be woken up after 20 minutes so that she goes to

bed earlier at night. However, each time this occurs Ruby becomes very upset and remains

very tired and unsettled throughout the afternoon.

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Introduction

This essay identifies an ethical dilemma in the scenario above and provides an analysis of

how an ethical response was arrived at, by the Educators (staff) at Ruby’s Early Years

Learning Centre. It provides a rationale for the thought process and various considerations

with critical reflections, using the Ethical Response Cycle (ERC) framework (Newman and

Pollnitz, 2005, pp. 137-147) as a tool to help arrive at a resolution.

Rationale for an Ethical Response

Early Childhood Care Australia (ECA) provides a Code of Ethics (Code) in early childhood

care profession (ECA, 2006, pp. 1-4) that sets the benchmark on ethical practice for

Educators in Australia. In its preamble it recognises that there are complex issues to which it

cannot provide easy answers. The Code along with the service providers’ policies provide

Educators with guidelines to self-regulate and respond ethically in any problematic situation

(Newman & Pollnitz, 2005, pp.137-138). Educators are however expected to exercise

professional judgement while keeping each child’s protection and wellbeing paramount to act

in accordance with the principles and rights of a child enshrined in the bedrock articles 2, 3, 6

and 12 of the United Nations Convention on Rights of Children (UNCRC) and the best

interests of the child. However the best interest of the child (UNCRC, 1990, article 3.1) is

not always easy to identify. When there is no obvious 'right' course of action, we as Educators

can be faced with an ethical dilemma. We are required to exercise our professional judgement

in such situations and use our professional learning and experiences as well our ethics to

come up with the best response. To help us in our thought process we used the ERC

framework as a tool (Newman and Pollnitz, 2005, pp. 137-147) to look at the information Assessment

Page 2 of 10

collected, contribute professionally by multiple viewpoints, support and substantiate our

conclusions in successive stages, to help with a structured analysis as is documented here.

Our first step was to collect all facts (Newman, 2002, p.17) and examine the

information to understand and recognise an ethical dilemma. We determined that Ruby had

no medical history of sleep related illness, that she was not on any prescribed medications

and did not have an allergy. We also identified Ruby, her mother, two Educators and the

centre Director as the key actors. An ethical dilemma between Ruby’s rights as a child to

adequate rest and leisure (UNCRC, 1990, article 31), and her mother’s rights as a parent

(ECA, 2006, p. 3 Section II) was recognised by us. We also assumed the possibility of other

option emerging in our deliberations to arrive at an ethical response. This is as suggested by

Kidder (2005, pp. 135-137, as cited in Newman & Pollnitz). As Educators we could not

arbitrarily decide in favour of one or the other way without any investigative support to

substantiate and justify our choice. Quality Area 4 & 7 in the Guide to the National Quality

Standards (NQS Educators Guide) from the Australian Children’s Education and Care

Quality Authority (ACECQA) requires Educators to maintain a high standard of learning and

service quality (ACECQA, 2011, pp. 10-11). They are also required to consult and

collaborate with their colleagues (ECA, 2006, p. 4 section VII) to act ethically, and to

maintain a high quality of professional standard. It is imperative that Educators are equipped

with latest knowledge in professional practices and policies and are aware of national laws

and regulations, current research and studies in their subject areas to effectively evaluate

ethical responses. After recognising the ethical dilemma, we considered legal aspects

followed by our professional considerations, as per the ERC stages.

ERC: Legal Aspects, and Professional Considerations

The United Nations General Comment No 17 (UN General Comment No 17) on UNCRC

Article 13, defines ‘rest’ as sufficient respite from work, education, or any other exertion to

ensure optimum health and wellbeing, as well as the opportunity for adequate sleep. However

it does not define how much or what is adequate, sufficient or optimum. In its ruling

ACECQARRPstr0001 (ACECQA, 2013, p. 3-4) on sleep and rest practices, while assessing

the policies and practices of an early childhood learning centre service provider, ACECQA

has referred to what the NQS Educators Guide advises in relation to element 2.1.2 under

Quality Area 2 of the National Quality Standard (NQS). The NQS Educators Guide


(ACECQA, 2011, p.53) advises that: “Assessors may observe sleep and rest practices that are

consistent with contemporary views about children’s health, safety and welfare that meet

children’s individual needs”.

The ACECQA ruling concluded that contemporary practice suggest children should be

encouraged to sleep, rest or engage in quiet experiences (e.g. drawing, reading, puzzles)

during routine rest times. Children should not be forced to sleep or lie down and should not

be left with nothing to do for more than 30 minutes. The ruling was useful in determining the

appropriate sleep or rest requirement in its reference to the policy from Community Childcare

Co-operative Ltd. NSW (CCL-NSW) on contemporary practice views, that advocates a rest

time of 20 to 30 minutes for children (CCL-NSW, 2013, p.1).

Ruby’s mother’s request could now be considered as an option, without any legal

implications. Since there are no legal precedents or laws that can be ‘enforced’, we looked at

the principle of ‘obedience to the unenforceable’ (Newman & Pollnitz, 2005, p.110) which

relied on Educators’ ethics and understanding modern ethical theories. Educators need to

work in an integrated approach keeping the child’s interests in focus at all times in actualising

Article 31, basing themselves on multiple theories for support but relying on their own skills

and judgement.

ERC: Ethical Principles and Ethical Theories

Reaching an ethical judgement involves deciding between the ethic of intention and the ethic

of responsibility. This predicament has been mentioned by Hostetler with an alternative to

diminish the impact of the severity of the consequences (2005, p.111, cited in Newman and

Pollnitz). In other words deciding between upholding a principle (the best interest of the

child) despite the severity of the consequences (hypothetically and potentially the mother’s

loss of day job because of disturbed sleep at night).

We used the principle of beneficence (Newman & Pollnitz, 2005, p.121-122) to determine the

middle way of satisfying both Ruby and her mother. To illustrate a specific point we cite the

an example where a young child, upset at being deprived of a dummy, may indeed undergo

the temporary harm of distress and lack of comfort, but her parent may have judged that the

longer term benefits are worth the short-term distress. This position was adequately supported


by the considerations and conclusions of the previous stages. We found that care-based

thinking aimed at nurturing and maintaining relationships, as suggested by Kidder (2005,

p.135, as cited in Newman & Pollnitz), to be the most preferred and appropriate to the

situation. The practical side of changing Ruby’s sleep durations was supported by the theory

of changing behaviour by positive reinforcements and encouragement as suggested by

Skinner (2010, p. 11, as cited in Guide to Early Years Learning Framework for Australia).

This also resonates with Quality Area 6 in the NQS Educators Guide (ACECQA, 2013,

p.139) and the Early Years Learning Framework for Australia (EYLF) [DEEWR, 2010,

p.11] that states Educators are required to draw upon a range of perspectives in their work to

develop and informed inclination toward a course of action or an informed choice.

ERC: Informed Inclination, Judgement, Negotiation, Reflection

Based on our analysis of the information collected on all aspects thus far we found ourselves

leaning towards working on a program of change to Ruby’s sleep times, as requested by her

mother, an acceptable course in the situation. We made a call after careful consideration to

develop a plan accordingly. An important point noted here was that our role as Educators is

to inform/educate the family or parents and not make decisions on their behalf. It is the right

of parent to make decisions (as a decision maker) in the best interests of the child. In this

regard we provided all information and options for services and support to Ruby’s mother to

make an informed decision. This also resonates with Quality Area 6, of the NQS Educators

Guide (ACECQA, 2011, p.139) and the Early Years Learning Framework for Australia

(EYLF) [DEEWR, 2010, p.11]. In our work, we always have to respect, ultimately, the

opinions of the parent, realizing that the parent knows their child best, and has their best

interest in mind and that any decision they make in regard about their child is the right

decision.

We also felt perhaps Ruby the child was somehow left out in this process and we needed to

inform her and seek her views. However as an alternative view point it emerged that her

mother was the best person to inform and explain to Ruby.

We communicated our conclusions to Ruby’s mother, who agree to initiate the process of

change and was happy with the information provided. We also communicated that Ruby

would need a change in her sleep time as the next step in her learning pathway for her age


group was soon to be kindergarten where there is no ‘sleep time’. Sooner or later a change in

her sleep behaviour at the centre would help with her transition into kindergarten.

Conclusion:Ethical Response: Resolution, Action and Documentation

As an ethical response we decided to reduce Ruby's sleep time in manageable stages,

progressively over a 4 to 6 weeks initial timeframe, with her mother’s consent. In

collaboration with her mother we developed a plan to progressively implement sleep time

reduction, from around 2 hours to about 20 minutes, and to monitor, observe, document and

communicate Ruby’s progress at weekly intervals.

The plan is summarised below:

- Program for Ruby's sleep and wake times: weekly plan as per quality area 2 (QA

2) standard 2.1.2 of the NQS Educators Guide (ACECQA, 2011, p.53), and the

EYLF (DEEWR, 2010, p.14 & p.32)

- Communicate Plan to Parents: as per quality area 6 (QA 6) standard 6.1 of the

NQS Educators Guide (ACECQA 2011, p.141) and EYLF (DEEWR, 2010, pp.

11-12)

- Observe and Document:

o Sleep and wake times for Ruby: as per QA 1, standard elements 1.1.1,

1.1.2, 1.1.3 & 1.1.4 of the NQS Educators Guide (ACECQA 2011, p.141)

o Food intake, physical activity, behavioural patterns with peers and

educators (observations related to Ruby's well being): as per QA 1,

standard elements 1.1.1, 1.1.2, 1.1.3 & 1.1.4 of the NQS Educators Guide

(ACECQA 2011, p.141)

- Note feedback on Ruby's sleep behaviour at home: as per QA 6 of the Educators

Guide to NQS (ACECQA, 2011, p. 141) standard 6.1, 6.2, 6.3

- Review progress on weekly plan with Ruby’s mother: as per QA 2 & QA 6 of the

Educators Guide to NQS

- Review, document and report progress, modify plan if needed: as per QA 2

- Reflect on plan actions and outcomes (on wellbeing), document improvements

and communicate to staff: as per QA1 of the Educators Guide to NQS and the

EYLF


Respecting Ruby’s rights as a child and the rights of her mother as a parent, we have

encouraged Ruby through positive reinforcements and reassurance at all times to manage

change in her sleep times.

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References

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Analysis of Ethical Dilemma