Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Minister of State for attending to take this matter. According to an article in the Irish Examinerby Caroline O'Doherty, 25,000 elderly patients may be held illegally in nursing homes or residential settings.

The article also mentioned that a new State agency, the Decision Support Service, was being established to oversee the Assisted Decision-Making (Capacity) Act.

When I read the article, I was reminded of a case in my constituency. I will not mention any names but I brought it to the attention of the Minister of State's predecessor. In this case, a gentleman had been living with his nephew and his nephew's wife from 2011. Unfortunately, he suffered a brain bleed in February 2014. He was subsequently admitted to hospital and on 18 February 2014 was deemed to require long-term care. At that time, there was significant pressure on bed capacity in the hospitals and, on 25 February, he was transferred to a nursing home funded by the State under the special delivery programme being run by the Government at the time. On 9 September 2014, the family was informed that the HSE was going to petition the courts for wardship. The family was not asked for its input on this but simply told about it. The family wanted their loved one back home to reside with them but the HSE would not allow it. The wife of the gentleman's nephew was a healthcare professional who was qualified to care for the gentleman and his condition, but the HSE still refused. It refused to let him out for christenings with the family or for Christmas. The gentleman had resided in this house. It was his life and he lived adjacent to his family farm. It had a hugely detrimental impact on the family. I was a county councillor at the time and I made representations to the HSE, but I was stonewalled and received no answers either oral or written.

When the gentleman was subsequently made a ward of court, the HSE, through the wardship process, initiated proceedings to sell his land. He had 50 acres of land. Again, there was no discussion with the family. It was on the basis of funding nursing care, even though the gentleman did not want to be there and his family did not want him to be there. Unfortunately, the gentleman passed away in October 2016. The HSE has put a charge on his property and land and is seeking to cash in on that through his estate. However, this gentleman was not allowed to be taken home by his family. The charge is driven by him being in care when there was a family that was fully capable of looking after him.

When I saw the article to which I refer, it struck a chord with me. The HSE wrote to me after a query was put to it by the Minister of State's predecessor. The HSE said that it was the understanding of its staff in the midlands area that it was not appropriate to transfer a person from a care location to another location while a wardship process was happening. Essentially, the HSE was acting illegally. It then clarified that, going forward, such a request would be considered on the basis of two criteria - the location of the person where the care would be provided and the necessary risk assessment in preparation. That is of no value to the family now. They are very distressed. I ask the Minister of State for a commitment that he will investigate this fully.

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