Michael Lowry (Tipperary North, Independent)
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443. To ask the Minister for Health the steps he will take to amend legislation to allow the Health Information and Quality Authority to investigate individual complaints within residential care and nursing homes; if his attention has been drawn to the fact that, at present, the only complaint mechanism for elderly and vulnerable persons in private nursing homes is to complain to the organisation itself, which is clearly not suitable, and places the person in an even more vulnerable position; and if he will make a statement on the matter. [9343/15]

Kathleen 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. During the course of this Government HIQA’s function has been extended to residential services for those with disabilities and child protection services.

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.

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.

In relation to the investigation of individual complaints, HIQA's position is that it considers that, in line with principles of good governance, the investigation of such complaints should remain primarily a role for the service provider. However, 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 is intended 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, works on an ongoing basis to improve and update the requirements that apply to nursing home care. As part of its ongoing assessment of services in designated centres, HIQA has committed to maintaining a focus on the adequacy of complaints procedures in place in registered services.