A REVIEW INTO a report on the safeguarding of adults in state-run nursing homes has found that further investigations into the matter will likely find more cases of harm in the homes.
In 2020 a HSE healthcare worker was convicted for the rape of a woman, known as Emily, within a state-run nursing home.
The HSE’s CEO, Bernard Gloster, had asked for the HSE to do a review of two reports which were carried out after the sexual assault, one by the National Independent Review Panel and one into safeguarding in the nursing homes.
The findings of that review, conducted by independent adult safeguarding expert Jackie McIlroy, show that it is highly probable that further investigations into the files of the residents will find “further indicators of possible harm”.
McIlroy was asked to review the report into safeguarding at the nursing homes, which at looked at 79 residents’ files by November 2021
The initial review was undertaken on a phased basis and in order to meet the deadline, the safeguarding team reviewed the files of 32 residents in this group – of which, 21 cases were referred to the An Garda Síochána.
McIlroy said in her report that the choice not to review all the files was a “missed opportunity” as a full review could have “provided timely information on the nature and extent of possible harm caused to residents”.
The expert recommended that further investigations be commissioned and conducted by the HSE, in order to understand the extent and scope of possible abuse that took place in the facilities.
McIlroy said that these further investigations should cover the period of the convicted ex-employee’s 16 year tenure in the organisation.
The expert added however, that due to the length of time between the incident and now, it is likely that any potential witnesses have either died or do not have the mental capacity to partake in further investigations.
Therefore, McIlroy said any more investigations should examine resident notes, either with the resident themselves or with “the nearest relative, or whoever has the necessary legal authority”.
The findings from any further examination of records, although likely to be inconclusive, has the potential to have a significant impact on families and their wellbeing.”
McIlroy added that the decision to investigate the matter further could cause distress and must be taken lightly.
She recommended that residents should be given a choice as to whether records should be examined and they must be “supported to make a decision that is informed and suits their own family’s circumstances”.
Commenting on the report Gloster said: “I would like to once again offer my deepest apologies to Emily’s family and recognise the devastating impact of this horrific attack.
“I have met them again this week, and they have been provided with a copy of Jackie McIlroy’s report,” he added.
Gloster said the report has also been shared with the families of the other residents about whom safeguarding concerns were previously identified and referrals made to An Garda Síochána.
The CEO said that the HSE is “currently developing a process to undertake” the further investigation and it intends to write to all the families who may have been in contact with the ex-employee.
We absolutely recognise how difficult and distressing this will be for families and we are committed to undertaking this process as sensitively and compassionately as possible, fully respecting the wishes of individual families.”
Gloster added that McIlroy’s suggestion that a further review has “the potential to have a significant impact on families and their wellbeing” has made them ensure that the HSE will “work closely with families throughout this process and provide them with any necessary supports”.
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