Tommy Broughan (Dublin Bay North, Independent)
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749. To ask the Minister for Health the further measures he is taking to ensure the safety of vulnerable children and adults in the care of the State in day care settings and residential; and if he will make a statement on the matter. [12935/17]

Finian McGrath (Dublin Bay North, Independent)
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The safety and protection of vulnerable people in the care of the State is a priority for the Government. A number of important steps have been taken in recent years to strengthen the protection afforded to vulnerable children and adults in the State's day care and residential care settings. Some of these measures, such as the establishment in early 2014 of the Child and Family Agency, TUSLA, for example, are outside the remit of my Department.

Within the health sector specifically, the Health Service Executive published its national safeguarding policy and procedures, Safeguarding Vulnerable People at Risk of Abuse,in December 2014. This safeguarding policy was the first such HSE policy to encompass both elder abuse and concerns of abuse relating to people availing of disability services.

Following on from this policy, a National Safeguarding Committee was formally established in December 2015 with multi-agency and inter-sectoral representation. The Committee is independently chaired by Ms. Patricia T. Rickard-Clarke. It has agreed Terms of Reference but its overarching remit is to support the development of a societal and organisational culture, which promotes the rights of persons who may be vulnerable and safeguards them from abuse. Its remit extends beyond abuse of elderly and disabled persons and recognises that any vulnerable adult can be subject to abuse. Vulnerability can be a transient or permanent state depending on many influences. The Safeguarding Committee published its Strategic Plan for 2017 – 2021 on 20 December 2016. One of its strategic objectives is the initiation of conversations with Government and Oireachtas Committees on the development of legislation on adult safeguarding. The work to date of the National Safeguarding Committee has confirmed that the scope of the issues around the safeguarding of vulnerable adults goes far beyond the area of health and that a much broader, cross-sectoral approach is needed.

As the Deputy will be aware, the Health Act 2007 provided for the establishment of the Health Information and Quality Authority (HIQA), its inspection and regulation of designated centres and the framework for registration of these designated centres. “Designated centre” is the term used in the Health Act 2007 to describe residential centres for (i) people with disabilities, (ii) older people, and (iii) children.

HIQA commenced regulation of residential services for people with disabilities on 1 November 2013. The purpose of regulation is to safeguard and support the delivery of person-centred care to vulnerable people of any age who are receiving residential care services and to ensure that their health, well-being and quality of life is promoted and protected. There are some 1000 residential centres throughout the country for people with disabilities, of which over 750 have been registered to date by HIQA. HIQA has carried out over 2,700 inspections since regulation began in 2014. By the end of April 2016, every centre for people with disabilities in the country had been inspected at least once, with many being inspected multiple times. The lessons learned from these inspections are continuing to improve the quality of services.

Compliance with HIQA standards for disability residential centres is a requirement under the Service Level Arrangements between the HSE and voluntary service providers. Arising from concerns raised by HIQA in relation to the standards of residential care in some settings, the HSE is currently implementing a comprehensive change programme of measures targeted on improving the quality of residential services for people with disabilities. In addition to implementing its National Policy and Procedures on Safeguarding Vulnerable Persons at Risk of Abuse,these measures include:

- A National Implementation Task Force;

- Implementation of an Evaluation and Quality Improvement Programme in disability residential centres;

- Developing a National Volunteer Advocacy Programme in adult disability residential settings; and

- An Assurance Review (McCoy Review) of all the Units in the Áras Attracta facility.

An independent person, Ms. Leigh Gath, has been appointed as Confidential Recipient, to receive concerns of abuse, negligence, mistreatment or poor care practices in the HSE or HSE funded services from patients, service users, families or other concerned individuals and staff.

The HSE is also establishing a National Independent Review Panel with an independent chair and Review Team for disability services. The Review Panel will focus on serious incidents that occur in disability services across the HSE and HSE funded services.