ANALYSIS:Those who spoke out risked not alone their jobs but also their right to be in this country
HAS ANYTHING much changed since Leas Cross? This was the question many began to ask yesterday following the revelation that serious allegations of abuse of elderly residents at another Dublin nursing home had not been acted upon for a considerable period.
The allegations relate to the alleged abuse of five residents by a male care assistant at Rostrevor nursing home in Rathgar over a period dating back to mid-2008.
They only came to light last month when three brave staff brought them to the attention of the Health Information and Quality Authority when it inspected the facility.
The authority, according to nursing home inspection reports published on its website, had also inspected this home in April and August last year. While some concerns were raised by inspectors during those visits, nothing extraordinarily serious was highlighted in their reports.
Furthermore, while the owner Therese Lipsett had been in court in 2005 in relation to breaches of regulations, the latest published inspection reports signalled she was responding to the authority’s concerns and acting on foot of their recommendations, including arranging training for staff on elder abuse.
It was only during follow-up inspections of the nursing home in May this year – after Ms Lipsett had been struck off the nurses register for professional misconduct over her handling of a case in which a male staff nurse allegedly abused a woman resident in 2005 – that two current staff members initially, then a third one, disclosed their concerns about more recent physical and verbal abuse of elderly residents by a male carer.
The three staff members were terrified they would lose their jobs by blowing the whistle. They agreed to meet Hiqa outside the nursing home to impart the worrying information they held.
Hiqa acted immediately and, after further investigation, went to Dublin District Court on Friday to effectively shut down the home.
Previous efforts by a health board to shut down the home in 2004 had failed as there was no provision for such a court order to be made under legislation in place at the time.
However, in the aftermath of the Leas Cross scandal, the authority got powers to inspect all public and private nursing homes – which up to then were inspected by health boards and later the HSE. It was given broad powers under the Health Act 2007 to shut down a home where it had serious concerns the life, health and welfare of residents was at risk.
Rostrevor is the third home it has effectively shut down since it began inspecting all nursing homes in mid-2009, showing it is not afraid to use its powers.
The authority has its detractors. Doctors and nurses have claimed staff are shaking in their boots when Hiqa inspectors arrive and they have to fill in mounds of paperwork to comply with its exacting standards. However it has proved itself to be a powerful independent watchdog in many areas of the health service.
While it is a powerful watchdog, though, this latest case proves that even with the best inspection system in the world, appalling incidents can continue in nursing homes and will remain uncovered unless there are more whistleblowers.
The three staff who made their concerns known were foreign employees who spoke out even though they risked losing their jobs and being sent home as their work permits tie them to Rostrevor. They should not be sent home. They should be rewarded for their bravery.
Overall, there has been a sea change in relation to regulations governing the protection of older people since Leas Cross. New nursing home standards and an independent inspectorate have been put in place.
The 2007 Health Act also protects whistleblowers in the health service as well as staff in private nursing homes. However, the protections are weak compared to those elsewhere and must be strengthened. It is to be hoped, meanwhile, that the closure of this home – which could result in the whistleblowers losing their jobs – does not discourage others.