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Care of the Elderly

Dáil Éireann Debate, Tuesday - 6 November 2018

Tuesday, 6 November 2018

Questions (644)

Fergus O'Dowd

Question:

644. Deputy Fergus O'Dowd asked the Minister for Health the national protocols in place in cases in which relatives of persons in residential care can be barred from visiting that resident or can have their visiting hours restricted; if there is an independent appeals process against such a decision; if not, if a process will be put in place; and if he will make a statement on the matter. [45318/18]

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Written answers

Under current legislation, visiting restrictions may be required on occasion for a variety of reasons, including safety concerns relating to infection control and/or to safeguard residents from risk of harm.

The Health Information and Quality Authority (HIQA) is the statutory independent regulator for designated centres for older people and this responsibility is underpinned by a comprehensive quality framework comprising Registration Regulations, Care and Welfare Regulations and National Quality Standards. These standards promote person-centred care, uphold the rights of people, respect privacy and dignity and protect people living in residential care from abuse and neglect. They provide the framework for HIQA to assess whether residential centres are providing high-quality, safe and effective services and can be registered as ‘designated centres', in line with the requirements of the Health Act 2007.

The regulatory requirements are prescriptive and there are a number of relevant statutory provisions in place in relation to visiting arrangements in various residential care settings. In relation to older people’s settings for example, under Regulation 11 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. 415 of 2013), the registered provider shall make arrangements for a resident to receive visitors and the person in charge shall ensure that, in so far as is reasonably practicable, visits to a resident are not restricted, unless such a visit would, in the opinion of the person in charge, pose a risk to the resident concerned or to another resident, or the resident concerned has requested the restriction of visits.

In relation to approved mental health centres, the provisions of the Mental Health Act 2001 (Approved Centre) Regulations 2006 include a requirement that approved centres take all reasonable steps to ensure the safety of residents and visitors and have written operational policies and procedures in relation to visits and the health and safety of residents, staff and visitors.

From a policy perspective, I have taken a number of steps to ensure the voice of patients is embedded in the health service. I intend to appoint two patient advocates to the board of the Health Service Executive. Proposals for an independent Patient Safety Council are at an advanced stage and I expect to be in a position to bring proposals to Government very shortly.

I understand that the Deputy is raising this important issue in the context of a recent Prime Time programme which was broadcast on 25 October. The Health Service Executive has advised that each of the current instances where some level of a restriction is in place will be reviewed. I welcome that decision.

The aspects of the question which relate primarily to service matters and related operational protocols and appeals processes have been referred to the HSE for direct reply to the Deputy.

Question No. 645 answered with Question No. 578.
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