Dáil Éireann Debate, Tuesday - 4 October 2022
708. Deputy Johnny Mythen asked 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]
View answerI 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.
