Written answers

Tuesday, 4 October 2022

Photo of Johnny MythenJohnny Mythen (Wexford, Sinn Fein)
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708. To ask the Minister for Health the complaint mechanisms that are available to families that lost loved ones in nursing homes during the Covid-19 pandemic; and if he will make a statement on the matter. [48547/22]

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail)
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I recognise how difficult it has been for the families of nursing home residents who died during this pandemic, which has presented one of the greatest and most wide-ranging public health challenges internationally in recent history. Throughout the pandemic, the overall national response to COVID-19 has had a specific and sustained focus on older persons, particularly those resident in nursing homes.

The Health Act 2007, as amended, provides the overarching regulatory framework for the nursing home sector with further detailed requirements set out in Registration Regulations, Care and Welfare Regulations and Quality Standards. Under the Health Act 2007, as amended, and related Regulations, the registered provider is responsible and accountable for the quality of care and safety of residents in nursing homes (designated centres) and all nursing homes are required to have a clear complaints procedure in place. Part 10 of the Care and Welfare Regulations sets out the requirements in this regard. The person-in-charge of the nursing home will be able to provide information on the complaints process in place in the nursing home and assistance on how to make a complaint. If a complainant is unhappy with the response received, he or she can appeal the decision as provided for in the Regulations.

The Office of the Ombudsman can also examine complaints relating to the administrative actions of nursing homes. The Office of the Ombudsman normally only deals with a complaint once the individual has already gone through the complaints procedure of the nursing home concerned.

In cases of complaint about a healthcare professional, the resident or family can also complain directly to the employee's professional regulatory body, for example the Nursing and Midwifery Board or the Irish Medical Council.

For those nursing homes that are under the aegis of the Health Service Executive (HSE), there is a HSE-wide complaints process. Details of this process can be accessed on the HSE website at www.healthcomplaints.ie.

Separately, HIQA welcomes information in relation to designated centres that come within its regulatory remit. As a regulator, HIQA has no legal role in examining individual complaints, however, the Authority does take into account all information it receives, including complaints from the public, when carrying out inspections and this range of information informs a risk-based approach to regulation.

Currently, my Department is examining complaints processes across the nursing home sector including information on best practice, the level of standardisation, and the views of key stakeholders including residents and families, with a view to determining the need to further develop enablers such as policy, legislative and/or guidance instruments to strengthen and enhance current arrangements.

In tandem with this work, the Patient Advocacy Service (PAS), which currently supports residents in HSE-operated nursing homes to make complaints, will begin its rollout to private nursing homes at the end of 2022. This is in line with a Programme for Government commitment to examine extending the remit of the Patient Advocacy Service to residents of long-term residential care facilities.

Photo of Johnny MythenJohnny Mythen (Wexford, Sinn Fein)
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709. To ask the Minister for Health if he will consider adapting a mechanism similar to the independent public inquiry to examine the Covid-19 pandemic in the UK; and if he will make a statement on the matter. [48548/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The Deputy is advised that Ireland’s has pursued a public health-led, whole of society response to the management of COVID-19. Throughout the pandemic, the response has been underpinned by our core national priorities of protecting the most vulnerable in society from the severe impacts of the disease, minimising the burden on the healthcare system, and continuing to keep schools and childcare facilities open.

The COVID-19 pandemic is not over. The Office of the Chief Medical Officer continues to closely monitor the epidemiological profile of the disease and provide advice in relation to ongoing decision-making processes in respect of the pandemic. The importance of ongoing vigilance in the context of the COVID-19 pandemic, and specifically in relation to the autumn/winter 2022/2023 period, has been signalled through international guidance. Work has been underway in my Department with regard to preparedness and contingency planning for the coming winter season, which is traditionally a very challenging time for our health and social services.

Government has previously acknowledged the importance of reviewing the response to the pandemic. Since the beginning of the response, there has been a clear national commitment to continue to learn from the pandemic and, where necessary, to ensure that the public health-led approach evolves, as evidence and learning materialises.

The Department of Health has taken an adaptive approach to the elements of the response falling within its remit. It has continuously worked to capture and to apply lessons learned from the national and international COVID-19 response to date. The Department has demonstrated its commitment to learning lessons from pandemic response across multiple domains to date.

In May 2020, Government established the Nursing Home Expert Panel which examined and advised on the COVID-19 response in long-term residential healthcare settings. The Expert Panel’s report was published on 19th August 2020 is available here. The Fourth Progress Report on implementation of the recommendations of Expert Panel is available here.

In January 2022, a Public Health Reform Expert Advisory Group (PHREAG) commenced its work with Terms of Reference approved by Government. It was tasked with identifying learnings from the public health components of the response to the COVID-19 pandemic in Ireland and internationally with a view towards strengthening public health including health protection generally and future public health threat and pandemic preparedness specifically. Further details on the PHREAG are available here.

In April 2022, the Minister for Health established the COVID-19 Advisory Group (CAG), to consider and advise on how best to maximise Ireland’s medium to long-term preparedness for future challenges posed by COVID-19. The CAG has considered lessons learned from the pandemic in its work. The recommendations of the CAG, with relevant World Health Organization (WHO), European Centre for Disease Prevention and Control (ECDC), and European Commission guidance, have informed my Department’s strategic approach to the management of COVID-19 for autumn/winter 2022/2023.

The Taoiseach has indicated that a comprehensive evaluation of how the country managed COVID-19 will provide an opportunity to learn lessons from our experiences in dealing with a pandemic over the past two years. This will help ensure that we are in a better, stronger position if another pandemic or another similar type emergency arrives. Consideration is being given as to what the best model for this evaluation will be.

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