Fergus O'Dowd (Louth, Fine Gael)
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413. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will consider amending the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013, Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities Regulations 2013 and the Mental Health Act (Approved Centres) Regulations 2006 to include a requirement to update a care plan or personal plan to incorporate a safeguarding plan, where a resident is identified as being at risk of harm; and if he will make a statement on the matter. [39024/24]

Anne Rabbitte (Galway East, Fianna Fail)
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I wish to thank the Deputy for raising this matter.

This Government takes matters safeguarding and risk of harm in disability residential centres very seriously, and considers safeguarding adults at risk against abuse to be of paramount importance.

As this query relates to regulatory matters, I requested for officials in my Department to make enquiries with The Health Information and Quality Authority (HIQA). HIQA have advised the Department of the following:

Regulation 5: Individual assessment and care plan in regulations set out in the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 currently require providers to undertake a comprehensive assessment of need and develop a personal plan or care plan in response to the assessments. Comprehensive assessments mean consideration of all aspects of the person’s care and support needs, including any safeguarding plans for the person.

Furthermore, the regulations under the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013, Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities Regulations 2013 require the provider to ensure that the plans are kept under regular review. In addition, Regulation 8: Protection in the regulations require providers to take all reasonable measures to protect residents from abuse.

In relation to safeguarding in disability residential services more generally, The Department of Children, Equality, Disability, Integration and Youth is actively engaging from a disability perspective, with colleagues in the Department of Health, who are the lead on policy proposals for adult safeguarding in the health and social care sector.

It is expected that the Department of Health’s sectoral policy framework will be brought before Government in due course, informed by the recent consultation process and the Law Reform Commission’s report ‘A Regulatory Framework for Adult Safeguarding’.

In addition, the HSE has published a high-level review of HSE policy, procedures, structures, and options for the future of safeguarding across all settings. The Review, which was commissioned by HSE CEO Bernard Gloster, was undertaken by an independent safeguarding expert. The Review outlines four key actions supported by detailed recommendations required in order to address the issues identified in the review.

I understand the HSE has now commenced a process to implement these recommendations and enable the development culture and practice across the HSE that places safeguarding at the centre of the services provided.