Written answers

Thursday, 19 February 2015

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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141. To ask the Minister for Health his views on correspondence (details supplied) from ALONE regarding the extension of the powers of the Health Information and Quality Authority to investigate unsolicited complaints about persons in care; and if he will make a statement on the matter. [7500/15]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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The Health Information and Quality Authority is the independent authority established under the Health Act 2007 to drive continuous improvement and to monitor safety and quality in Ireland’s health and personal social care services. Since 2009 all nursing homes - public, voluntary and private have been registered and inspected by HIQA.

The functions of the Minister for Health in relation to HIQA, and the Chief Inspector of Social Services are prescribed in the Act, and in this respect the Chief Inspector is independent in the exercise of these functions.

As regulator, HIQA’s remit operates at the level of facilities rather than that of individual complaints, but the requirements at facility level impact very directly on how individual cases are dealt with.

Nursing home operators must ensure that all reasonable measures are taken to protect residents from all forms of abuse. These measures include staff training in relation to the detection and prevention of and responses to abuse. Any incident or allegation of abuse must be investigated and operators must have policies and procedures in place for the prevention, detection and response to abuse. Furthermore, they must notify HIQA of any allegation of abuse or serious adverse incidents that occur in a nursing home.

All nursing homes are required to have an accessible and effective complaints procedure, including an appeals process. They must investigate all complaints promptly, and following investigation put in place any measures required for improvement. Records of complaints made are required to be kept. These are available for inspection, thus enabling the HIQA inspector to determine whether the complaints system is sufficiently robust.

HIQA takes into account and uses all information received to inform and plan its regulatory activity, and information on individual cases can provide useful pointers in this context. HIQA’s programme of both scheduled and unannounced inspections helps to ensure that standards are maintained and where issues of non-compliance arise, that these are addressed and rectified. If a nursing home is found not to be in compliance with the Regulations it may either fail to achieve or lose its registration status. HIQA also has wide discretion in deciding whether to impose conditions of registration on nursing homes.

My Department, in consultation with both HIQA and the service providers, is working on an ongoing basis to improve and update the requirements that apply to nursing home care. Any request from HIQA for an extension of their remit on the lines suggested by the Deputy will be carefully considered.

I would also like to point out that Ireland has a highly developed and effective system in place in relation to elder abuse. In particular, within the HSE there are 30 Senior Case Workers for the Protection of Older People who assess all referrals of alleged abuse reported to them.

Comments

Mari Maxwell
Posted on 21 Feb 2015 11:45 am (Report this comment)

Ireland does not have a 'highly developed and effective system in place in relation to elder abuse.' It's a farce. HSE Elder Abuse, Gardai and others were alerted via registered post that Dolores Maxwell was at risk s year prior to death, a victim of elder abuse. The senior case worker advised me and another sibling not to involve the Gardai. He said our youngest brother would prevent our mom from attending a seniors’ daycare centre which she loved. HSE refused to hold a family meeting, noting our brother would prevent our mom attending. They dropped their investigation noting they'd monitor mom's case. They were unaware of a broken shoulder in Aug. 2010, & two hospitalisations in early & late Sept. 2010. HSEEA did attend Wexford Gardai with me in Oct. 2010 to file a complaint of elder abuse, which the Gardai refused to take. Community Service notes later mention no evidence of abuse. Statements from my sister, nephew/niece were withdrawn. See www.dolores_maxwell.com for more on the systemic failures in Dolores' case - Mari Maxwell, eldest daughter of Dolores Maxwell.

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