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Dáil
‹ Leaders’ Questions.

Leas Cross and nursing home oversight

Summary

Kenny accuses the Government of failing elderly people after the Leas Cross abuse scandal, citing inadequate care and delayed, weak inspection legislation. The Taoiseach denies a cover-up, says the home was closed, and points to funding, existing inspections and planned HIQA legislation and inspection teams.

Why do the Taoiseach and the Government take the attitude that the elderly are so tedious and valueless? Is it because of age itself, that the elderly have in some way withered beyond their shelf life, or is it because of the vulnerability that comes with advancing years? I do not think so. It is because the damning evidence of the men and women who died and were buried from Leas Cross is too stark and too blunt a reminder for the Government to take effective action to ensure it does not happen again.

Deputy O'Dowd exposed the scandal a number of years ago, which involved a failure to report deaths to the health board and that only one in ten admissions had their weight recorded, when the correlation between weight and malnutrition is well known. Some 14% of admissions were recorded as having skin conditions and one can only imagine the wetting, the chafing and the pressure sores. There were deficiencies in pressure sore prevention and cure and in the management of swallowing disorders. An alarming number of people were nursed in buxton chairs and there were damning deficiencies in expertise, nurse numbers and nursing infrastructure. There was a systematic failure by Government, health boards and professional bodies to provide the appropriate quality of care for older people. Overall, the findings are consistent with institutional abuse on the Government's watch.

That is the O'Neill report, a copy of which I read last night and which I have with me. Listen to the author's warning: "Given the lack of structural funding, standards and oversights, the standards in Leas Cross are very likely to be replicated to a greater or lesser extent in institutions throughout the long care system." That is the bible according to Professor O'Neill. Think of how many men and women endure those conditions today, in other locations. Think of them watching a report of these proceedings from their buxton chairs or their day rooms or bedrooms, asking why the Government has not done anything about it in the past 18 months. I ask the same question.

Comment on this

On the Deputy's first point, this year alone, as well as the large increases in pensions and the electricity allowances I mentioned yesterday, we have provided a large additional allocation of €150 million for services for older people. We have provided home care packages, primary and community care for older people, extended the entitlement to medical cards and put in place a range of other services.

When the problems in Leas Cross nursing home were highlighted, the Government closed it, which was the best action to take, given that we were not satisfied with the standard of care of older people there. We moved all its residents to decent accommodation with acceptable standards. The Health (Hospitals Inspectorate) Bill 2006 will put the social services inspectorate on a statutory footing, as I have said previously. The Bill will also contain provisions to underpin a more robust inspectoral system. A working group was established by the Department of Health and Children when the issue arose, to prepare standards for long-term residential care settings for older people and the draft standards will be circulated to everybody in the consultation process. The HSE working group produced a report on nursing home inspections and registrations in July, and that currently underpins the process.

The HSE also proposes to employ 32 elder abuse officers and the recruitment process is at an advanced stage. The report of the working group on nursing home inspections and registrations is being implemented. Resources were identified for nursing home inspection teams and a training programme for those teams was developed. The HSE has embarked on a process of standardising inspection reports, involving doctors, nurses, environmental health officers and others.

It is not true that the Government did not act. An entirely new process, involving legislation, staff and the full implementation of the 1993 Act, has been undertaken. I have read the report of the Department of Health and Children on the issue, during bilateral Estimate discussions, and that of the HSE so it is not true to say we have not taken action. The only issue arising from the report was that not all of the teams around the country were able to work together. There were some separate teams.

Standards inspections are now unannounced. A criticism was made in the past that the managers of homes knew when environmental health officers, doctors and nurses were about to visit and would make improvements for that day only, but that will not happen any more.

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That is all blather which we have heard before. The legislation for an independent inspectorate was promised in 2001 but it has not materialised. The legislation is not strong enough to close a bad nursing home. I read the report. The Taoiseach will note, in particular, that deficiencies were noted in pressure sore prevention and care, assessment and management of swallow disorders, and in documenting the use and appropriateness of restraints, which were indicative of a failure to adequately understand and progress care for those vulnerable people. What the Taoiseach has told us does not deal with the urgency of this matter. This morning these people are sitting in circles in their day rooms, their bedrooms or their Buxton chairs watching reports of this debate. Some of these people may be suffering the kind of institutional abuse that has been mentioned in this document.

I listened to a HSE official this morning saying he would be disappointed if this happened again. No official should be disappointed. An official should be sacked if this happens again and it is on the Taoiseach's watch. Only 31 reports have been published out of 450 nursing homes. Some of the reports on the websites are useless. It is hard not to conclude that there is some kind of cover-up between the Government agencies and the HSE which failed to recognise the clear warnings about this long before the "Prime Time" report was made public, and Deputy O'Dowd exposed this matter.

Why would an inspector recommend that a nursing home be allowed to increase its number of residents while noting later in its own report that there are not enough staff to cater for the current number? That is the kind of report being made on these nursing homes. Why can we not show an effective Government response for these elderly, vulnerable and frail people? Why do we not set up an independent patient safety authority which would focus on the good and the needs of the patients, and not be clouded by cover-ups between the health system and the Department to the detriment of those people?

This recalls the old medical mantra "if it is not written down, it did not happen" but this did happen and this report is a damning indictment of how the Government handled it since long before the "Prime Time" report. Will the Taoiseach establish an independent patient safety authority now and not mess with people who did not report, and covered up, in the cases of those unfortunate persons who suffered and died in Leas Cross, and possibly other nursing homes around the country?

Comment on this

I repeat there was no cover-up. As soon as news of Leas Cross came to the fore, the nursing home was closed down.

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The Taoiseach knew of the problem. The Department knew of the problem. It is desperate listening to this tripe.

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The range of issues Deputy Kenny mentioned were factual at the time.

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The Taoiseach was well aware of it.

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A Deputy

He was only getting £1.50.

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They were closed down and dealt with. In regard to the legislation, there have been regulations since 1993 and the care and welfare regulations are addressed during inspections.

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We do not need a lecture from Deputy Seán Ryan.

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The new HIQA Bill will be in the House next month and will govern quality standards across the health service. The factual position is that the training programme for inspections teams has been developed, resources have been identified for dedicated nursing home inspection teams, and the 32 elder abuse officers are being recruited. The working group on nursing home inspections and registrations has produced its report which is being implemented.

The inspection teams of environmental health officers tend to visit on their own. Multi-disciplinary teams of doctors, nurses and environmental health officers attend. The HSE states that in some cases where environmental health officers carry out an inspection alone, the medical officer and nurse member of the inspection teams will carry out a further inspection of nursing and medical issues as soon as possible thereafter. All inspections are now unannounced and operate under the 1993 regulations to the effect that the current registration certificate must be displayed in a prominent place in the nursing home to show that it is being inspected and is registered. These procedures take place.

I am sure most of the people working in these homes do their utmost to comply fully with these standards, if not to meet even higher ones. The new legislation will be introduced shortly. The Health Bill 2006 will put the social services inspectorate on a statutory basis and contain provisions to underpin a better inspectoral system. Any conditions attached to the registration appearing in the nursing homes registration certificate must be on display in the homes. The HSE and the non-statutory HIQA organisation, deal with all these issues in the best possible way.

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