Oireachtas Joint and Select Committees

Tuesday, 2 February 2016

Public Accounts Committee

HSE Report on Foster Home in Waterford Community Care Area: Discussion

12:00 pm

Mr. Tony O'Brien:

There are distinctions and I know this is not a pleasant distinction. I am advised legally that for an adult who is essentially under the care of a parent - albeit that they are substantially being provided with care residentially or for most of the time - the HSE does not have the capacity to direct the ending of that arrangement. Ultimately, over a period of time, starting persuasively but ultimately probably with some degree of bluffing, that arrangement was brought to an end. However, it is not at all clear that the HSE has the legal capacity to direct-----