The rape of a nursing home resident by a healthcare worker and allegations by other residents of sexual assault by the same man is “hugely distressing and shocking” and something that “strikes terror into the heart of anyone living in a nursing home”, as well as in their family, Taoiseach Leo Varadkar has said.
Mr Varadkar told the Dáil: “These are supposed to be safe places. They almost always are safe places. But in this case that clearly was not the case.”
He added: “We can only at this time unreservedly apologise, condemn what happened, and do all we can to ensure that safeguarding for all people in alternative care is at the highest level possible.”
His remarks came after Sinn Féin leader Mary Lou McDonald raised a report by a National Independent Review Panel (NIRP) into a Health Service Executive-run nursing home.
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A resident at the home, who has been given the pseudonym ‘Emily’ for the purposes of the NIRP report was raped in 2020 by a healthcare worker described as ‘Mr Z’.
He was later jailed for 11 years.
RTÉ reported that Mr Z’s criminal behaviour only came to light as a result of the cognitive clarity, emotional strength and bravery of Emily, who died in 2021.
It reported that the NIRP report found that that when female residents made allegations against Mr Z in the past, they were not believed and the allegations were not followed up on.
In the Dáil, Ms McDonald said the review of the allegations of sexual assault at the HSE-run nursing home “outlines harrowing failures to protect vulnerable people and it’s a very distressing story”.
She said: “There is much work to be done to protect and safeguard vulnerable people.”
Ms McDonald said: “Emily and the other residents who came forward to report attacks have been let down in the most horrific way and the review is damning.”
‘Watershed moment’
She said it is not the first damning report and she highlighted the Brandon Report on a disability centre in Donegal. “Today’s report has to be a watershed moment,” she said.
She said the NIRP made nine recommendations including setting up a working group to examine and reform how residential facilities for older people operate and putting in place a staff awareness campaign to ensure that older people who are victims of sexual abuse are believed and that safeguarding allegations are always taken seriously.
Ms McDonald said: “These must be implemented without delay.”
She also said “adult safeguarding legislation is needed to put legal obligations on service providers to prevent such violence being committed and to hold organisations and individuals to account for failing to protect people who are at risk”.
Mr Varadkar said: “I can only echo the words of HSE CEO Bernard Gloster in his statement today in saying that our concern has to be with the family of Emily and the other families affected ... We can only at this time unreservedly apologise, condemn what happened, and do all we can to ensure that safeguarding for all people in alternative care is at the highest level possible.”
He added: “Both the CEO of the HSE and I are not satisfied that we fully understand all of the issues in this facility or indeed those arising in the wider care context.
“For that reason, in the coming days, a safeguarding expert from overseas will be appointed to assist us.”
Mr Varadkar said a draft national policy on adult safeguarding in the health and disability sectors “will build on existing policies and structures and will apply to all relevant public, voluntary and private settings and agencies and in these sectors”.
He said there will be public consultation and legislation will be required to underpin the policy and this will be prepared.
Ms McDonald asked for a timeline on the delivery on the recommendations in the NIRP report and the new legislation.
Mr Varadkar said “we’ll do this as soon as possible” but he did not want to offer a timeline that it may not be possible to honour “because of factors outside of our control”.
‘Massive response’ needed
He also said: “The HSE’s adult safeguarding policy includes a zero tolerance approach that requires staff to report all abuse concerns, criminal or otherwise.
“Nursing homes are required today to have in place policies and procedures to ensure that residents are protected from abuse.”
He said: “They’re required to provide training for staff to ensure they can recognise, respond and report any suspected abuse allegations.
“If immediate risks to safety of residents are identified they’re expected to take action and prevent a recurrence and that can also include – where required – referral to An Garda Síochána.
“And they’re also required to notify the chief inspector of Hiqa of any suspected or alleged actual abuse within three days.
“And it’s clear that didn’t happen in these cases. We have to ask ourselves why and then take any actions we can ensure that there’s not a recurrence.”
Vivian Guerin, chairperson of the National Association of Social Workers, “a massive response” was required – starting at political level. There was a “real problem” with recognising and reporting abuse in care settings, he told RTÉ radio’s News at One.
“What it boils down to is ageism,” he said. People who carried out abuse, especially sexual abuse, were skilled in overcoming barriers in their way, he said.
“They use the system’s inadequacies to enable them to carry out their abuse.”
Mr Guerin said his organisation had called for adult safeguarding legislation last year, including a system of mandatory reporting as is the position with cases involving children.
“The system at the moment is too loose and it is failing people who either have been abused or are at risk of being abused.”
Eighty per cent of people living in care homes live in private establishments and as such social workers do not have a legal right of access to those homes, he pointed out.
“I’m certainly not saying that social workers have all the answers. There is a lot of learning to be done by us as much as anyone else, but there really needs [to be] a thorough examination and the possibility of real learning and also action to change those structures.”
