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Name:

BKR Anonymous

Student Number:

Subject Code:
Assessment number:
Assessment title

Analysis of Ethical dilemma

Word count:

Part B: 1942 words

Date Submitted:

9th February 2011

Assessment
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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.
---------------------------------------------------------------------------------------------------------------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 Rubys 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 childs 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
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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 Rubys rights as a child to
adequate rest and leisure (UNCRC, 1990, article 31), and her mothers 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 Childrens 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
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(ACECQA, 2011, p.53) advises that: Assessors may observe sleep and rest practices that are
consistent with contemporary views about childrens health, safety and welfare that meet
childrens 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).
Rubys mothers 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 childs 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 mothers
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
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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 Rubys 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 Rubys 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 Rubys 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 Rubys 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.
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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 mothers 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 Rubys 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 Rubys 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 Rubys 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
Australian Childrens Education and Care Quality Authority (ACECQA) (2011). The
National Quality Standard, Sydney, NSW. ACECQA. Retrieved (10 Dec 2014) from
website: https://www.acecqa.gov.au/
Australian Childrens Education and Care Quality Authority (ACECQA) (2011) Guide to the
National Quality Standard, Sydney, NSW. ACECQA. Retrieved (10 Dec 2014) from
website: https://www.acecqa.gov.au/
Australian Childrens Education and Care Quality Authority (ACECQA) (2013) The
Education and Care Services National Law and the Education and Care Services
National Regulations (National Law & Regulations), NSW. Retrieved (10 Dec 2014)
from website: https://www.acecqa.gov.au/
Australian Childrens Education and Care Quality Authority (ACECQA)
ACECQARRPstr0001 (March 2013). Approved Provider and NSW Department of
Education and Communities NSW. Retrieved (10 Dec 2014) from website:
https://www. acecqa.gov.au/

Community Childcare Co-operative Ltd. NSW (CCL-NSW) Safe Sleep and Rest Times (July
2013). Retrieved (10 Jan 2015) from the website: http://ccccnsw.org.au/
Department of Education, Employment and Workplace Relations (DEEWR), (2010)
Belonging, Being and Becoming: The Early Years Learning Framework for Australia,
Barton, ACT Commonwealth of Australia. Retrieved (21-Dec-2014) from website:
http://education.gov.au/search/site/
Department of Education, Employment and Workplace Relations (DEEWR), (2010)
Belonging, being and becoming: Educators Guide to the The Early Years Framework
for Australia, Barton, ACT: DEEWR. Retrieved (20 Dec 2014) from website:
http://files.acecqa.gov.au/files/National-Quality-Framework-Resources-Kit/
Early Childhood Australia (ECA), (2006): Code of Ethics. Retrieved (Dec-2014) from:
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http://www.earlychildhoodaustralia.org.au/our-publications/eca-code-ethics/
National Quality Standard (NQS) Professional Learning Program (PLP) E Newsletter No 31,
What have Theories got to do with it? Retrieved (22 Dec 2014) from NQS website
http://www.earlychildhoodaustralia.org.au/nqsplp/resources
National Quality Standard (NQS) Professional Learning Program (PLP) E Newsletter No 11,
Learning Spaces Outdoors. Retrieved (22 Dec 2014) from NQS website
http://www.earlychildhoodaustralia.org.au/nqsplp/resources
Newman L., & Pollnitz L., (2005) Working with children and families: Professional, Legal
and Ethical Issues: Pearson Prentice Hall.
Newman, L. (2002. Responding ethically when families and professionals disagree. Every
Child, 8(2),17 [EEP417 Resources]. Retrieved (31Dec 2014) from CSU website:
http://interact.csu.edu.au/portal/site/EEP417_201490_A_D
United Nations Convention on Rights of Children, UN Convention on the Rights of the Child
United Nations, June 2010 [EEP417 Resources] Retrieved (18 Dec 2014) from CSU
website: http://interact.csu.edu.au/portal/site/EEP417_201490_A_D
United Nations Committees General Comment No. 17 (2013) [IPA, 2013] Retrieved (18 Dec
2014) from website http://ipaworld.org/

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