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Who Cares? - An Investigation into the right to nursing home care in Ireland

Date released: 09.11.2010

The Ombudsman, Emily O'Reilly, has today laid before the Dáil and Seanad a report entitled 'WHO CARES? An Investigation into the Right to Nursing Home Care in Ireland.'

This investigation, looking at the actions of the Department of Health and Children and of the HSE, is based on 1,200 complaints received over 25 years regarding the right to long-term nursing home care for older people. The consistent theme in these complaints, throughout the 25 year period, is the failure of the health boards (HSE) to provide for older people in public nursing homes with the result that many had to avail of expensive private nursing home care. A related complaint theme is that such financial help as was available towards the costs of private care was inadequate. In these circumstances, many older people and their families suffered significant financial hardship in meeting nursing home costs.

The Ombudsman's conclusion is that there is a legal right to be provided with nursing home care and that people should not have had to take up private care other than as a matter of personal choice.

A question arises now as to the right to compensation for those forced to avail of private nursing home care in the absence of care being made available by the health boards (HSE).

There are currently more than 300 legal actions in place against the State on behalf of people seeking compensation for the costs of private nursing home care. The report looks at what might now be done - mindful of the current financial and economic difficulties - to assist those people who have suffered hardship.

The Ombudsman encountered unprecedented opposition, and a lack of co-operation, from the Department and the HSE in the course of conducting this investigation.

This is a lengthy and sometimes complex report covering a range of issues.  Here is a link to brief overview of the report.

A more detailed Executive Summary  of the Ombudsman's report is available in the Investigation Reports section of the Ombudsman's website.  The full report, along with copies of key items of correspondence, is also available in this section of the site.

For queries relating to the Report contact:

Fintan Butler – Senior Investigator – 01 639 5650
Email: fintan_butler@ombudsman.gov.ie

Emer Doyle – Investigator – 01 639 5608
Email: emer_doyle@ombudsman.gov.ie

For media inquiries contact:

Dave Glynn - Head of Communications and Research
Tel: 01 639 5714/ 087 236 1884
email: david_glynn@ombudsman.gov.ie