Rose Conway-Walsh (Mayo, Sinn Fein) | Oireachtas source

I thank the Minister of State for taking this important matter. She will be aware that in 2017 HIQA had concerns that Western Care Association was exploiting a loophole in the legislation and not registering individualised services. HIQA raised these concerns with Western Care Association at the time but the organisation insisted that the individualised care services did not meet the criteria to be registered with the Office of the Chief Inspector of Social Services and be subject to inspections. HIQA raised the same concerns again four years later in 2021. Again Western Care Association argued that no oversight was necessary.

In recent months, a flood of people have come forward to discuss serious issues about the care being provided and the treatment of staff at Western Care Association. Many of the most alarming accounts centred on the care for people living alone in individualised services. Brave and committed workers and former workers at Western Care Association have made protected disclosures and submitted information showing not only that these services should have been registered but that there has also been a significant deterioration in the management and oversight of these services.

Ambiguity in the legislation was used by Western Care Association to avoid HIQA oversight of these services for many years, even though some people receiving care in this way are among the most vulnerable in our county. The legislation as it stands means HIQA does not have the authority to enter and inspect non-registered services without Western Care Association's permission. Last year, Western Care Association agreed to allow HIQA to inspect a sample of five homes where care was being provided. HIQA found that all five should have been registered. Operating unregistered services is an offence under the Health Act 2007. Western Care Association has now confirmed that it has 104 individualised services, of which 47 should have been registered. I call again for an independent investigation to be carried out into how and why this was allowed to happen.

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