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Dáil Éireann debate -
Wednesday, 6 Mar 1996

Vol. 462 No. 6

Adjournment Debate. - Cork Nursing Home Inquiry.

I thank the Minister for coming to the House. I also thank him for the concern and interest he expressed when this matter was raised in the Dáil. We succeeded in carrying out an inquiry into the operation of this nursing home. Its conclusions showed there was overcrowding, unqualified nursing staff on duty, an insurance deficiency and no fire certificate in the nursing home. It is now clear from the report that the Southern Health Board, in executing and operating under the terms of the Act, was also inadequate in this instance.

It is extraordinary that a nursing home which was registered in September 1994 should have an inspection carried out in May and September 1995 and that few of the complaints outlined in May 1995 were resolved. Indeed, further complaints were added to the list in September 1995 without any indication that action would be taken by that health board in implementing the Act.

The Minister will agree that an extremely vulnerable group is involved in this case. What is the consequence of the lack of incontinence pads and drugs being dispensed by unqualified staff for the patients and how do they suffer? That aspect has not been covered in this report. However, given these problems one can only conclude that there was a lack of patient care. Under the Act both the Southern Health Board and the nursing home are charged to ensure that this does not happen.

I would like the Minister's reply to concentrate on the investigation carried out by the inquiry team vis-à-vis that which was done by the internal inspection in May and September 1995. One bears no relationship to the other. The inquiry investigation was foolproof, in-depth and produced results. This begs the question of whether there are more Woburn nursing homes in this country and the lessons we can learn from this inquiry.

When one considers that £120,000 of public money was paid to this nursing home from its time of registration to the time of the inquiry, serious questions must be asked about whether that money was well spent. When the inquiry team examined the accounts, it could not get a complete set of payroll figures. While a C2 certificate is required in every other public contract, it does not seem to operate as far as nursing homes are concerned.

Is it not also extraordinary that 12 GPs certified in writing that they saw nothing wrong with the patient care operating in that nursing home? Surely a question must be asked about those GPs relative to the letters of commendation they gave to the inquiry. There is a dilemma in the sense that under the Act officials of the board register nursing homes and carry out inquiries with the result that the line has become blurred. There is no complaints procedure. When Councillor Con O'Leary raised this issue initially he could not avail of Dáil privilege. He faced a major difficulty in deciding whether to go public on the issue. The time has come for the Minister to consider providing for a complaints procedure in the Health (Nursing Homes) Act. There is a charter of rights for patients in general hospitals and the Minister should provide for such a charter in legislation for the residents of nursing homes. It is important that this should happen.

In relation to the conclusions of the report the Minister should consider establishing an independent inspectorate to ensure there is not a repeat in any nursing home throughout the country.

Limerick East): The Health (Nursing Homes) Act, 1990, which came into operation on 1 September 1993 has two principal objectives: first, to ensure high standards of accommodation and care in all nursing homes registered by health boards under the Act, and, second, to provide a new system of nursing home subvention so that dependent persons most in need of nursing home care would have access to such care. The Act is a major step forward in ensuring that dependent elderly persons will be well cared for. The Act provides the health boards with another option in meeting the needs of the dependent elderly locally and flexibly and has served to strengthen the links between the health boards and the private and voluntary nursing home sector.

Since the introduction of the Act to 31 December 1995 a total of 13,911 applications for subvention have been received by the health boards, of which 7,568 have been granted. In the same period, approximately £31.2 million was made available to the health boards for the implementation of the Act. This year almost £16 million has been allocated to the health boards to continue the implementation of the Act.

As the Deputy may be aware, the Act also assigns responsibility for the insepction of nursing homes to health boards. Articles 23.1 to 25.3 of the Nursing Homes (Care and Welfare) Regulations, 1993, give health boards power to inspect nursing homes and premises believed to be nursing homes.

Under the Act all nursing homes are obliged to register with a health board. Before placing a nursing home on the register, the health board must inspect the home to ensure that it conforms to the required standard of staffing, accommodation and design. The regulations require the health boards to inspect all homes at least once every six months. The boards may visit at more frequent intervals where this is felt necessary. If a nursing home does not comply with the regulations, the health board may attach a condition to the registration that the problem be resolved, it may refuse or revoke registration or it may prosecute the proprietor. In certain conditions, the health board may assume the management of the home. The regulations also introduce for the first time a formal complaints procedure whereby a health board must investigate complaints received about a nursing home.

As the Deputy may be aware, I launched the code of practice for nursing homes last year. The Years Ahead — A Policy for the Elderly recommended that the Department, in consultation with the health boards and representatives of nursing home proprietors, should draw up a code of practice for nursing homes. Work on the code took place in parallel with the preparation of the regulations to implement the Health (Nursing Homes) Act, 1990. The code was prepared by a working party set up for the purpose.

The purpose of the code is to assist nursing home proprietors and staff, officers of the health boards and the general public to a better understanding of what is involved in providing high quality care to residents of nursing homes. The code attempts to define what is currently considered to be good quality nursing home care. It builds on the best practice in nursing homes at present. I am satisfied most nursing home proprietors are attempting to implement the recommendations of the code to the best of their abilities.

At 31 December 1995 a total of 348 private and voluntary nursing homes had been registered by the health boards. Of these, a small percentage were found to be in breach of the Health (Nursing Homes) Act, 1990, and the Nursing Homes (Care and Welfare) Regulations, 1993. The health boards view any breach of the Act and regulations in a serious light and all complaints are investigated without delay. The health boards inform me that where breaches have been identified the nursing home owners concerned have, in general, co-operated fully in meeting the standards laid down by the Act and regulations. This is borne out by the Southern Health Board's detailed investigation into Woburn House nursing home.

As mentioned previously, the inspection and registration of nursing homes are essentially functions of the health boards. I have only received the Southern Health Board's report on Woburn House nursing home in the last few days and I am still considering it. However, if I feel that lessons can be learned from the Woburn experience I will bring these matters to the attention of the other seven health boards with a view to preventing similar situations arising.

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