Oireachtas Joint and Select Committees

Wednesday, 9 December 2015

Committee on Justice, Defence and Equality: Joint Sub-Committee on Human Rights relative to Justice and Equality Matters

UN Convention on the Rights of Older People: Discussion

10:00 am

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I apologise. One of the key issues is that there are privately run nursing homes and a public-run HSE system. If I was being abused in a public nursing home, the HSE has power and authority, but if it was a private nursing home, I would go first of all to the nursing home owner, make her call the manager and make my complaint, after which nothing would be done. I have come across hundreds of complaints through HIQA, all of which were typed up and recorded beautifully, yet nothing happened. There is significant abuse. I have given a file with over 900 cases of abuse - some very minor, others very serious - to the Garda, which is looking at the issue. The Ombudsman got involved and since the end of August 2015 the Ombudsman is a notice party to all complaints made, which I welcome.

The rights of people in institutional care is a huge issue. The problem is that if people are in a home, they are afraid to complain because they may be put out. There is significant evidence of people being excluded or put out of nursing homes because they or their family complained. There is also a huge issue of people not being allowed into a nursing home because they have serious medical problems such as dementia. There are allegations that some nursing homes cherry pick their residents and will not take a person with dementia.

In some states in America, the residents of nursing homes have a bill of rights, which are aspirational. It may include eight or ten rights, such as the right to be treated properly and with respect and not be abused. We need to move into the area of affirming the rights of people particularly those in institutional care. I acknowledge the significant increase in the quality of care in private and public nursing homes in recent years. What further steps should be taken, particularly in institutional care, to vindicate the rights of people and protect them when they wish to make complaints?

Dementia care is a huge issue. If I open a private nursing home, I should be obliged to accept people suffering from dementia and to have a strategy to deal with it, depending on the number of beds I have. It is a significant issue. I hope I am not asking too many questions.

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