Tom Fleming (Kerry South, Independent)
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To ask the Minister for Health the measures he has taken to close the loop hole that prevents the Health Service Executive elder abuse service from legally entering non HSE nursing homes; his views on the fact that these investigating officers have to be invited in; if he will address these loop holes in the interest in the population of our elderly; and if he will make a statement on the matter. [56211/12]

Kathleen Lynch (Cork North Central, Labour)
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Policy in relation to elder abuse is derived from Protecting our Future, the Working Group on Elder Abuse Report 2002 and the 2009 Review of that Report. The Health Service Executive's (HSE) Elder Abuse Service is comprised of a dedicated staffing structure throughout the country, unified data collection, national and regional oversight mechanisms, a research facility based in UCD and awareness and training programmes.

The dedicated staffing structure provides for 32 Senior Case Workers for the Protection of Older People (Social Workers) and 4 Dedicated Officers for the Protection of Older People.

The HSE's National Elder Abuse Steering Committee, oversees the HSE’s elder abuse service nationally. The work of the Committee is supported at regional level by four HSE Area Elder Abuse Steering Groups. The workings of the National Elder Abuse Steering Committee and the Area Elder Abuse Steering Groups are supported by Dedicated Officers for the Protection of Older People.

The Deputy will be aware that, under the Health Act 2007, statutory responsibility is given to the Chief Inspector of Social Services, as part of the Health Information and Quality Authority (HIQA), for the independent registration and inspection of all designated centres providing residential services for older people. This regime is underpinned by a regulatory framework including Care and Welfare Regulations and National Quality Standards.

Under the regulations the registered provider must ensure that all reasonable measures are taken to protect residents from all forms of abuse. The person in charge must notify the Chief Inspector of any allegation of abuse, suspected or confirmed, of any resident.

In addition, all designated centres providing residential services for older people must have complaints processes and procedures in place as required by Article 39 of the Care and Welfare Regulations. The Regulations require that all designated centres must have an independent appeals process in place. In some situations the Senior Case Worker may be invited by the provider to advise or assist in an assessment of an elder abuse allegation.

If the HSE receives an allegation of elder abuse in any designated centre the HSE should in turn report this to HIQA and to the proprietor of the home. HIQA welcomes information about any designated centre. It records this information and the next steps the Authority takes will depend on the seriousness of the concern.

The Chief Inspector has the power to refuse to register, attach conditions to a registration, or cancel the registration of a designated centre in the event of non-compliance with relevant regulations or standards.

HIQA inspections

Part 9 Section 72 of the Health Act 2007 provides for the appointment of qualified persons to assist the Chief Inspector. Senior Case Workers may be requested to accompany inspectors on inspections in accordance with Section 72 of the Health Act, 2007.