Dáil Éireann Debate, Tuesday - 26 September 2023
599. Deputy Neasa Hourigan asked the Minister for Health the engagements that he has had with the HSE CEO regarding the recent testimony by a safeguarding expert that they were instructed by senior HSE managers to halt an investigation into the possible sexual abuse of residents in a nursing-home associated with the 'Emily' case; what actions are being taken on foot of this testimony; and if he will make a statement on the matter. [41640/23]
View answerIn July this year, the CEO of the Health Service Executive appointed an independent safeguarding expert from another jurisdiction, Jackie McIlroy, to undertake a review in relation to the 'Emily' case - a serious sexual assault on a resident (pseudonym Emily) by a HSE staff member known as Mr Z at a HSE community nursing unit in April 2020.
Ms McIlroy was commissioned to review the reports of the two previous review processes that had been undertaken in the aftermath of this serious incident - the report of the National Independent Review Panel and the report of the safeguarding review. The CEO requested Ms McIlroy undertake this review in order to advise him if a further examination of individual records was required to identify past harm. As part of her work, Ms McIlroy met with families and staff.
Ms McIlroy's report was published on 22 September. The report notes that the previous safeguarding review process was undertaken on a phased basis. An initial decision was taken to review a group of 79 resident files, the outcome of which would inform possible further file review. It was determined by the Serious Incident Management Team at that time, that it was a priority to complete the review of this first group of 79 resident files by November 2021. The HSE has advised that to meet that timeframe, the safeguarding team reviewed the files of 32 residents in this group, reviewing those files where concerns had been previously identified by staff or families. As outlined in the Safeguarding Report which was published in July 2023, a referral to An Garda Síochána outlining safeguarding concerns was made in the case of 21 of these 32 residents’ files.
Ms McIlroy finds that the decision not to review the remaining files of the group of 79 residents was a missed opportunity and she has recommended that a further examination of individual records is warranted to cover the period of Mr Z’s employment.
The HSE has accepted the advice and recommendations in Ms McIlroy's report and has confirmed that it is currently developing a process to undertake this further review, which will involve engagement with the families of all residents at this unit during the period of Mr Z’s employment. The HSE has also emphasised that it recognises how difficult and distressing this process will be for families and it has committed to undertaking this process as sensitively and compassionately as possible, fully respecting the wishes of individual families.
This is a truly horrific case and I am thinking of Emily’s family and all the other families who will be affected by the issues raised in this report and by the forthcoming examination of files. I have previously welcomed the HSE’s unequivocal apology for the failures in Emily’s care and the decision the CEO took to appoint an independent safeguarding expert to examine the case further. I welcome the fact that Ms McIlroy's report was published quickly and that the HSE has accepted her findings and are taking action now to implement her recommendations. My Department will continue to engage with the HSE as this further review is undertaken.
