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HSE commission comprehensive review of nursing home where resident was raped
Coleman Legal LLP
Sep 25, 2023

The Health Service Executive has announced plans for a comprehensive review of the records of nursing home residents in a facility where a staff member raped a resident in 2020. This review will encompass the entire 16-year period during which the individual was employed at the home.

The staff member responsible for the rape was sentenced to 11 years in prison for the assault on a resident known by the pseudonym Emily, who passed away in 2021. An independent report released recently has suggested that a broader examination of records for other nursing home residents may reveal further incidents.

A prior governance review of the HSE operated home where Emily was assaulted had uncovered allegations from other residents about similar incidents involving the same healthcare worker, but these claims were not pursued thoroughly. Due to time constraints, an initial examination of the records of a further 79 residents could only review 32 cases, resulting in 21 safeguarding concerns being reported to the authorities by social workers.

The latest report, authored by safeguarding expert Jackie McIlroy, criticised the limited scope of the previous record review. McIlroy branded the review “a missed opportunity” for the HSE to uncover valuable information about the extent of potential harm to residents while the memories of staff, residents, and families were still fresh.

The report acknowledges that a broader review may yield inconclusive results and has the potential to cause great distress to affected families. Nevertheless, it emphasises that the lessons learned from this process could help minimise risks for residents in healthcare facilities throughout Ireland.

The report recommended that the HSE consult with residents or their relatives to determine their preferences regarding their records being included in any future review. McIlroy noted that the opinions of families and staff varied, with some questioning the purpose of reopening records while others called for a transparent investigation.

HSE Chief Executive Bernard Gloster stated that they are currently developing a process for the wider review and intend to reach out to the families of all residents during the offending staff member’s period of employment.

Keith Rolls Partner Coleman Legal LLP

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