Prominent scandals influencing safeguarding
| Case | Setting | Brief description |
|---|---|---|
| Leas Cross (2005) | Residential care for older people | Undercover filming by the public broadcaster (Raidió Teilifís Éireann) of poor practices and high mortality rates in a residential care facility for older people. Stimulated the establishment of elder abuse services in Ireland. This resulted in several reports and a specific review of the experience of Mr. Peter McKenna, a resident who had Down’s Syndrome and Alzheimer’s disease, who received substandard care |
| The Health Information and Quality Authority and the Health Service Executive’s elder abuse services were established afterward | ||
| Reports: O’Neill, (2006); Commission of Investigation, (2009) | ||
| Aras Attracta (2014) | Residential care for people with an intellectual disability | Undercover filming by the public broadcaster (Raidió Teilifís Éireann) of poor practices in a residential care facility for older people. Again, a public outcry ensued with a change in policy to safeguarding adults occurring shortly after the broadcast. Led to the establishment of the Confidential Recipient |
| Reports: Áras Attracta Swinford Review Group (2016a, 2016b, 2016c) | ||
| Grace case (Service User 1) (2012) | Foster care | Concerns allegations of physical, financial and sexual abuse of a young woman with an intellectual disability who was left in foster care for 20 years. The original Inquiry into Protected Disclosures report was completed in 2012 but only published in 2017. A Commission was established in 2016 to review the allegations and to date (Oct 2022), is due to conclude |
| Reports: Devine (2012), Resilience Ireland (2015); Dignam (2016); Farrelly (2021a, 2021b) | ||
| Supreme Court Judgment (AC v. Cork University Hospital) (2019) | Acute care | This case related to a 93-year-old woman and provided legal consideration regarding the lawful detention of people with capacity-making challenges. The case was reviewed in the High Court, the Court of Appeal and the Supreme Court. The Courts determined that if an individual was removed without consent, then there is a duty of care of protection. Determined that the Doctrine of Necessity may be applied if a person does not have capacity, but this is for no longer than necessary and for the purposes of personal safety (as there are no general powers of detention) and the guidance of the Courts should be sought |
| Report: Smith (2019); Condell (2019) | ||
| Brandon Case (2018–2022) Allegations (1992–2016) | Residential care for people with an intellectual disability | Following a “Look Back Review” in 2018, the National Independent Review Panel (NIRP) was commissioned to complete a review into resident-to-resident incidences of sexual abuse which took place between 2003 and 2016* in Health Service Executive’s care services (Stillwater services) for people with intellectual disability. The NIRP found an overreliance on a medical care model which curtailed residents’ rights. Repeated reports were not responded to, and this was compounded by absenteeism, high levels of agency staff, a lack of external review and leadership, training deficits related to policy implementation. A move to a social inclusion, rights-based model was recommended |
| Report: National Independent Review Panel (2021) | ||
| *Allegations prior to 2003 were not considered by the NIRP |
| Case | Setting | Brief description |
|---|---|---|
| Leas Cross (2005) | Undercover filming by the public broadcaster (Raidió Teilifís Éireann) of poor practices and high mortality rates in a residential care facility for older people. Stimulated the establishment of elder abuse services in Ireland. This resulted in several reports and a specific review of the experience of Mr. Peter McKenna, a resident who had Down’s Syndrome and Alzheimer’s disease, who received substandard care | |
| The Health Information and Quality Authority and the Health Service Executive’s elder abuse services were established afterward | ||
| Aras Attracta (2014) | Undercover filming by the public broadcaster (Raidió Teilifís Éireann) of poor practices in a residential care facility for older people. Again, a public outcry ensued with a change in policy to safeguarding adults occurring shortly after the broadcast. Led to the establishment of the Confidential Recipient | |
| Grace case (Service User 1) | Concerns allegations of physical, financial and sexual abuse of a young woman with an intellectual disability who was left in foster care for 20 years. The original Inquiry into Protected Disclosures report was completed in 2012 but only published in 2017. A Commission was established in 2016 to review the allegations and to date (Oct 2022), is due to conclude | |
| Supreme Court Judgment (AC v. Cork University Hospital) (2019) | This case related to a 93-year-old woman and provided legal consideration regarding the lawful detention of people with capacity-making challenges. The case was reviewed in the High Court, the Court of Appeal and the Supreme Court. The Courts determined that if an individual was removed without consent, then there is a duty of care of protection. Determined that the Doctrine of Necessity may be applied if a person does not have capacity, but this is for no longer than necessary and for the purposes of personal safety (as there are no general powers of detention) and the guidance of the Courts should be sought | |
| Brandon Case (2018–2022) | Following a “Look Back Review” in 2018, the National Independent Review Panel (NIRP) was commissioned to complete a review into resident-to-resident incidences of sexual abuse which took place between 2003 and 2016* in Health Service Executive’s care services (Stillwater services) for people with intellectual disability. The NIRP found an overreliance on a medical care model which curtailed residents’ rights. Repeated reports were not responded to, and this was compounded by absenteeism, high levels of agency staff, a lack of external review and leadership, training deficits related to policy implementation. A move to a social inclusion, rights-based model was recommended | |
| *Allegations prior to 2003 were not considered by the NIRP |
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