By Ailbhe Conneely - RTE News - 25.09.2024 - [IRELAND] - [Prevention]
The Health Service Executive has been severely criticised over its handling of an alleged case of sexual abuse of an adult woman at a service run for people with intellectual disabilities.
Independent Senator Tom Clonan raised the case of a mother who placed her adult daughter in the care of a Section 38 provider.
It is alleged that her daughter was physically and sexually assaulted while in care.
Senator Clonan said that when the mother complained to An Garda Síochána and to the service provider, a Trust in Care report was commissioned.
However, he said that despite the report being "circulated to other parties", it had not been provided to the family.
Senator Clonan said he wrote to the HSE on behalf of the family, and described the response as "emblematic of the attitude of disability service managers and the HSE in general towards the most vulnerable citizens in Ireland".
Reading from the letter in the Seanad, he said the HSE had been advised that engagement with the mother had been "challenging" over a period of time.
Senator Clonan questioned the use of the word "challenging" regarding a mother whose daughter was alleged to have been sexually assaulted.
"And again, it implies that there's some fault or wrongdoing on the part of the mother because she's asking questions, and that has been my experience and the experience of all of the people who correspond with me in relation to the HSE, because it's not a rights based approach, it's grace in favour, it's a charity based approach," he said.
The letter went on to say that the relevant HSE Community Healthcare Organisation was informed that the Trust in Care report was reviewed by "a legal professional" and had been advised that a new denovo Trust in Care report would be published.
According to the letter, there was nothing in the trust in care policy "to provide that a copy should be provided to the complainant". However, Senator Clonan said there was also nothing in the policy that said it should be withheld or prohibited from release to the family.
He said he was "at a loss to understand" why the Minister for Health, the HSE, and "all the king's, horses and all the kings men and the women" were "prepared to use the resources of the State, our taxpayers' money to come up with these reports, which are then withheld from a family".
He added: "...it should be clear and and obvious to everybody that there is a categorical ethical imperative that this report and the information contained within it be released to the mum and and to the family of this of this young lady."
He questioned if nothing had been learned from the abuse of people and institutions.
"Withholding information, gaslighting a mother....it's moral legalism at its worst to deny family access to truth and knowledge and information and power, and this information should be released to them," he said.
Minister of State at the Department of Transport and at the Department of the Environment, Climate and Communications James Lawless who was taking questions in the Seanad on behalf of the Minister for Health, answered Senator Clonan's question on behalf of Minister for Disabilities Anne Rabbitte.
He said the Government took such matters and allegations of abuse "extremely seriously" and considered the safeguarding adults at risk against abuse to be "of paramount importance".
Minister Lawless added that it would not be appropriate to address the specifics of "this sensitive case concerning one individual" and that he had been advised it was "a complex and sensitive matter" involving an ongoing trust in care process.
"The HSE's Trust in Care policy is about upholding the dignity and welfare of patients and clients, service users and the procedure for managing allegations of abuse against staff members," he said.
He added that the process may take longer because "due process must be followed under some procedures that must adhered to" and that it was "necessary to get to the right outcome at the end".
The minister acknowledged that sometimes it can be frustrating for all involved.
"I've seen it in other case in not in this particular case, but sometimes the process may appear to be convoluted and elongated, but there are usually good reasons for that, and that is to protect the integrity of the ultimate outcome. So it it generally is for good reason," he said.
He added that the HSE had been provided with assurances regarding the safety of all service users in the relevant location and adherence by the service provider to the safeguarding of vulnerable persons at risk of abuse National policy procedures 2014.
"The HSE will continue to seek updates from the service provider in relation to the prompt conclusion of that new investigation in line of procedures and natural justice, but ensuring that allegations are fully investigated and funded services are provided in a manner which is safe and to the necessary standards. The outcome of that process will be determined by the investigation and in line with the trusting care policy."
RTÉ News has spoken to the mother who described the last number of years as "total hell".
She wrote to numerous TDs, Senators, Ministers and the Taoiseach seeking access to the report regarding her daughter.
The Taoiseach responded and acknowledged her "frustrations with the legal system".
He said he would forward her correspondence to Minister for Justice Helen McEntee and Minister for Children, Equality, Disability and Youth Roderic O'Gorman for their attention.
He also expressed hope that her daughter would begin the road to healing, and recover to fulfil her full potential.
If you have been affected by any of the issues raised in this article and were abused in state run medical and health facilities, you can contact Dignity4Patients, whose helpline is open Monday to Thursday 10am to 4pm.
Dignity4Patients Commentary:- Patients should never experience sexual abuse in healthcare but when they do they should be believed, supported and the offender removed. Leaving victims & families in limbo for years awaiting Trust In Care procedures is not victim-centred and can be re-traumatising . #StopSexualAbuse #ZeroTolerance