Last August, the Department of Health and Children announced a review of the inspection system for nursing homes in the State. This move followed months of controversy over the privately-run Leas Cross nursing home in Swords, Co Dublin. The nursing home has since been closed but was back in the news again last week with the publication of an independent report into the death of Peter McKenna, a 60- year-old man with an intellectual disability. Mr McKenna died 13 days after his transfer to Leas Cross from St Michael's House Intellectual Disability Service, writes Deirdre Carroll
In the aftermath of the RTÉ Prime Time broadcast on Leas Cross, the Tánaiste and Minister for Health and Children, Mary Harney, promised that legislation would be brought before the Oireachtas before Christmas to strengthen the Nursing Home Act (1990) and to establish a new independent nursing home inspectorate.
The existing legislation was clearly inadequate and applied only to privately-run nursing homes. To date nothing has happened and is unlikely to happen for at least a year.
This lack of urgency in addressing the needs of vulnerable old people also applies to addressing the needs of another highly vulnerable group, namely people with disabilities. It must surely come as a surprise to many that this group of people, thousands of whom live in residential homes, has no protection in terms of approved standards of care or inspection of such homes.
There is limited inspection of private nursing homes for the elderly, inadequate though it is. There is also inspection of children's homes run by the HSE by the Social Services Inspectorate ,and there is inspection of psychiatric services by the Mental Health Inspectorate.
From the work of my own organisation - the National Association for People with an intellectual Disability (NAMHI) - I am aware of the many excellent services available but I am aware also of cases of neglect, poor standards, bad practice and abuse
The National Disability Authority and the Department of Health have developed National Standards for Disability Services. This process began in 2002 and was completed in 2004 after two years of extensive consultation with people with disabilities, their families, carers services providers government agencies, representative bodies and others.
We are told that these standards have been signed off by the Minister, but as yet we have no clear idea when they will be implemented. The absence of standards makes it impossible to judge the quality of services. Carl O'Brien reported in The Irish Times a confidential draft report prepared for the National Disability Authority which indicated that a significant number of service providers were failing basic standards, such as providing services in a safe environment, respecting patient's rights and consulting family members over the care of relatives. The Minister for State with responsibility for Disability Services, Mr Tim O'Malley, has indicated that the implementation of standards will take years. This is not acceptable. People with disabilities, their families and representative groups want standards introduced without delay.
Furthermore, they want standards to be subject to an independent inspectorate with powers to enforce its recommendations. Until this happens we shall continue to face scenarios similar to those shown on Prime Time programme
Deirdre Carroll is chief executive of NAMHI, the National Association for People with an Intellectual Disability.