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9 November 2010 Who Cares? An Investigation into the Right to Nursing Home Care in Ireland

A Report to the Dáil and Seanad in accordance with section 6(7) of the Ombudsman Act 1980

An investigation by the Ombudsman based on more than 1,000 individual complaints made, since 1985, on behalf of older people who were unable to get long-term nursing home care from their health boards (HSE).

PRN A10/1409

  Downloadable version of the full report (pdf, 621 kb)

Full Report - Contents

Foreword

Glossary of terms

Glossary of terms

Chapter 1. This Report is about....

1.1 This report is about - Relevant quotations and introduction

1.2 This report is about - Conducting the Investigation

1.3 This report is about - Responses to draft report

Chapter 2. Challenge to jurisdiction

2.1 Challenge to jurisdiction - Relevant quotations and introduction

2.2 Challenge to jurisdiction - Summary of exchanges with Departments

2.3 Challenge to jurisdiction - Comment

2.4 Challenge to jurisdiction - How should the State behave?

2.5 Challenge to jurisdiction - Impact of Ombudsman Investigation

2.6 Challenge to jurisdiction - Wider issues raised by jurisdictional challenge

Chapter 3. Background

3.1 Background - Relevant quotations and introduction

3.2 Background - Nursing Home Subvention Scheme (NHSS)

3.3 Background - Comment

Chapter 4. What complainants say

4.1 What complainants say - Relevant quotations and introduction

4.2 What complainants say - Hardship

4.3 What complainants Say - Annual Report 1992

4.4 What complainants say - Illegal Charges

4.5 What complainants say - Ombudsman response to Travers Report

4.6 What complainants say - Complaint miscellany 1985 - 2010

Chapter 5. The Law provides

5.1 The law provides - Relevant quotations and introduction

5.2 The law provides - Legal obligation to provide?

5.3 The law provides - Suggested analysis of provisions of the Health Act 1970

5.4 The law provides - What we learn from Court judgments

5.5 The law provides - Dental services, a related issue

5.6 The law provides - Postscript- The Department's response to this chapter

Chapter 6. Broken promises

6.1 Broken promises - Relevant quotation and introduction

6.2 Broken promises - Mrs B's story

Chapter 7. Nursing Homes Support Scheme Act 2009 - "...making sure what has been in doubt...?"

7.1 Nursing Homes Support Scheme Act 2009 - Relevant quotations and introduction

7.2 Nursing Homes Support Scheme Act 2009 - NHSS according to the Department

7.3 Nursing Homes Suport Scheme Act 2009 - NHSS issues raised with the Ombudsman...

7.4 Nursing Homes Support Scheme Act 2009 - Long-term residential care services means...

7.5 Nursing Homes Support Scheme Act 2009 - Does NHSS Act re-define "In-patient Services"?

7.6 Nursing Homes Support Scheme Act 2009 - Plain language and the law?

Chapter 8. Litigation - "legal uncertainty is tested and exploited"?

8.1 Litigation - Relevant quotations and introduction

8.2 Litigation - Grounds for actions

8.3 Litigation - Progress of claims - Settlements

8.4 Litigation - The State and litigation

8.5 Litigation - Public interest guardian?

Chapter 9. Conclusions and reflections

9.1 Conclusions and reflections - Relevant quotations and introduction

9.2 Conclusions and reflections - Dysfunctional Government?

9.3 Conclusions and reflections - Findings and proposals

Ombudsman - Ten illustrated cases

  Ombudsman - Ten Illustrated Cases (pdf, 46 kb)

Related material being published in conjunction with the Report

Submission by the Department and appendices

  Department's Submission (pdf, 281 kb)

  Letter from the Department of Health and Children - 23 August 2010 (pdf, 60 kb)

  Appendix 1 - Procedural issues (pdf, 164 kb)

  Appendix 3 - Ombudsman speeches (pdf, 72 kb)

  Appendix 4 - Address to MacGill Summer School (pdf, 73 kb)

  Appendix 5 - Extract from RIA (pdf, 204 kb)

  Appendix 6 - Letter from the Office of the Assistant National Director for Older Persons (pdf, 68 kb)

  Appendix 7 - Speech by Minister - April 2010 (pdf, 60 kb)

  Appendix 8 - Nursing Homes Support Scheme - Information Sheet (pdf, 51 kb)

  Appendix 9 - Extract from Committee stage debate (pdf, 35 kb)

Correspondence between Department and Ombudsman's Office

  Correspondence between Department and the Ombudsman's Office - July 2009 - August 2010 (pdf, 2,088 kb)

  Correspondence between Department and Ombudsman's Office September - October 2010 (pdf, 601 kb)

Correspondence between Minister for Health and Children and Ombudsman's Office - September 2010

  Correspondence between Minister for Health and Children and Ombudsman's Office September 2010 (pdf, 139 kb)

HSE Submission

  HSE submission (pdf, 1,054 kb)

Correspondence between HSE and Ombudsman's Office - July 2009 - July 2010

  Correspondence between HSE and Ombudsman's Office - July 2009 - July 2010 (pdf, 1,214 kb)