This is the full text of the HSE's statement on the publication of the Leas Cross Commission:
The Health Service Executive welcomes the publication today, Thursday, July 16th, 2009, of the report of the Commission of Investigation into the privately owned and operated Leas Cross Nursing Home.
The HSE wishes to again acknowledge the hurt and distress experienced by some former residents of Leas Cross Nursing Home and their families as a result of some unacceptable practices carried out at the nursing home which were disclosed in 2005 prior to its closure.
The HSE acknowledges the opportunities afforded to it by the commission to support the Inquiry; 46 HSE staff made detailed submissions. The HSE fully accepts the commission's 10 general findings.
The disclosure of the practices at Leas Cross led to the introduction of a series of actions to minimise the possibility that these practices could be repeated in other nursing homes. This included 850 detailed inspections of private nursing homes a year, with the findings of each inspection published on the internet, and the establishment of a Forum on Older People Services which involves advocacy groups, family representatives, private nursing home providers and HSE officials.
The commission determined that while the quality of care provided to residents in a nursing home is the responsibility of the nursing home owner, which in the case of Leas Cross was a private company, the former Northern Area Health Board was responsible for inspecting the home's compliance with the nursing home regulations.
The HSE accepts the commission's concerns regarding the adequacy of the inspection process
operated by the former Northern Area Health Board and on behalf of the former Board deeply regrets its shortcomings at that time.
As part of the HSE's review of practices at the nursing home, it invited individuals and families who had relatives in Leas Cross to meet with the HSE during 2007. Families who requested a review of their previous formal complaint were offered a review and were offered a range of other supports.
The commission states that the HSE and its inspectors owe a duty of care to private nursing home residents under the nursing home legislation. While the HSE accepts without equivocation its duty of care responsibilities, it is constrained by nursing home legislation in its ability to exercise duty of care responsibilities in relation to privately owned and operated nursing homes. A decision of the High Court in August 2004 confirmed this. This matter has been highlighted to the Commission.
The commission also acknowledges the positive actions undertaken and progress made both before and after 2005 by the HSE to improve the system of inspections and to ensure that the highest quality services are available in nursing homes in Ireland.
Today, in nursing homes across the country, highly committed, professional, well trained staff are striving to deliver excellent care. The HSE and the Nursing Home owners have worked closely in many settings to improve standards and to ensure that those who didn't meet these standards were exposed.
From July 1st 2009, responsibility for inspections of all nursing homes transferred to the Health Information and Quality Authority (HIQA). The HSE is confident that the system handed over to HIQA is providing a high-quality service to older people and their families. The HSE as a major provider of care to older people in Ireland looks forward to working with HIQA and the private nursing home sector to implement the newly established standards in residential services for older people.
Any family members of former Leas Cross residents who wish to make contact with the HSE in relation to the Commission's report may call the HSE infoline on 1850 241850, available 8am to 8pm, Monday to Saturday.