Áine Brady (Kildare North, Fianna Fail)

I understand the intent of this amendment is to provide for situations where a person is in nursing home care but could return to their community if sufficient community based supports and services were in place. It stipulates that a review would be carried out every six months and no later than every 12 months to ascertain whether the person could move back to a community based setting. I can confirm that a person may seek such a review under section 30 as it currently stands. Moreover, I consider it in the person's best interests to empower him or her to request this review should he or she wish to do so, rather than require a mandatory reassessment regardless of the person's wishes.

It is worth highlighting that a care needs assessment could take anything up to three months. Accordingly, a person may not wish to undergo an assessment of their care needs every six months and may consider it intrusive or even have a distressing experience. Moreover, a person may be settled and content in a residential care setting. As such, he or she may experience a mandatory review, the effect of which is to establish whether he or she should be moved back to a community setting, as coercive or disrespectful of his or her dignity. For these reasons I cannot accept amendment No. 26, but I hope my clarification addresses the Senator's underlying concern.