Dáil Éireann Debate, Wednesday - 22 March 2023
274. Deputy Fergus O'Dowd asked the Minister for Health to provide details on discussion/plans set out to strengthen HIQA powers with respect to inspecting individual complaints on nursing homes where safeguarding issues have been raised; and if he will make a statement on the matter. [14338/23]
Amharc ar fhreagraSince 2009 HIQA has been the statutory independent regulator for the nursing home sector. HIQA welcomes information concerning 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.
All nursing homes are required to have an accessible and effective complaints procedure, including an appeals process and to ensure there is access to independent advocacy services under the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013. In addition, the nursing home is required to notify the chief inspector of any allegation, suspected or confirmed, of abuse within three working days.
The Department commissioned a review of complaints processes in the nursing home sector in Ireland and internationally last year to determine the need to further develop enablers such as policy, legislative and/or guidance instruments to strengthen and enhance current arrangements. The review is available here - www.gov.ie/en/publication/a15a7-review-of-nursing-homes-complaints-policies-october-2022/.
Following this review, amendments to the 2013 Regulations were published in December 2022 to strengthen regulatory requirements, and these revised requirements came into effect on 1 March 2023. These amendments increase residents’ access to independent advocacy services, ensure that key personnel are suitably trained to deal with complaints and reviews and provide standardised timeframes for complaint and review procedures. The amendments also specify that complaints/review officers should be nominated to deal with complaints and reviews and encourage registered providers to offer practical assistance to residents in making complaints.
The revised Regulations are available here - www.irishstatutebook.ie/eli/2022/si/628/made/en/print
In relation to safeguarding, the Department is at an advanced stage in the development of an overarching national policy on adult safeguarding in the health and social care sector. In addition, the Law Reform Commission is preparing a report on A Regulatory Framework for Adult Safeguarding across all sectors.
