Nursing home inspection reports should be available to the public as a matter of routine, the Ombudsman and Information Commissioner, Ms Emily O'Reilly, has said.
She made her comments in a ruling on a case where the South Eastern Health Board had refused a Freedom of Information request for access to records, including inspection reports on an unidentified nursing home where the requester's mother, now deceased, was a resident.
Ms O'Reilly ruled that the health board should provide access to the inspection reports. "In the Commissioner's view, there is a significant public interest in the public knowing how health boards carry out nursing home inspections in individual cases," she said.
"Indeed, the Commissioner believes that reports of health board inspections of private nursing homes should be available as a matter of routine, subject only to the deletion of personal information and, occasionally, the protection of confidentiality in relation to third parties."
She said there was an "overriding public interest" in ensuring that the health, security and welfare of elderly and vulnerable people was seen to be protected by legislation enforced by health boards.
In the case referred to as "Mr X and the South Eastern Health Board", Mr X had sought the records on foot of two sworn affidavits detailing incidents alleged to have occurred in the home.
His first affidavit gave details of an incident involving his mother, alleged to have happened in May 1998. It commented negatively on the quality of professional care in the home and on the inadequacy of its facilities. It alleged breaches of licensing conditions in relation to staffing and patient numbers and questioned the fire safety standards.
Both affidavits sought a revocation of the home's licence.
In July, 2002, Mr X had sought access to virtually all records held by the SEHB dealing with the home. The health board's failure to give a decision within the prescribed time limit amounted to a deemed refusal of the request, Ms O'Reilly said. The SEHB later offered access to certain records but not to others.
The board has until April 12th to appeal this ruling, after which it becomes binding in law.
