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Extension of the Ombudsman's remit in the health and personal social service sectors

Date released: 01.02.2007

The Ombudsman, Ms Emily O'Reilly, has today launched an awareness drive about the extension of her remit in the health and personal social service sectors.

This arises from the establishment on January 1 last, of a new statutory complaints procedure under the Health Act 2004. All health service providers to the Heath Service Executive (HSE) now come within the Ombudsman's remit.

This includes the major Dublin hospitals, (Beaumont, The Mater, St Vincents and St James) - the so called Public Voluntary Hospitals - as well as similar hospitals in the rest of the country ( Mercy University Hospital Cork, St John's Hospital Limerick etc. ), together with all institutions providing services on behalf of the HSE to the intellectually disabled. (Brothers of Charity, St Michael's House etc.

The new complaints procedure also covers those agencies providing health or personal social services on behalf of the Executive, or who receive assistance from the Executive towards the provision of a service similar or ancillary to a service that the Executive may provide. Such agencies may include senior citizen centres, therapeutic centres and various supporting associations and federations.

For the first time, members of the public now have a legal right to complain about services they receive from these hospitals, institutions and agencies, a right that Ms O'Reilly and her predecessors have long called for. If a complainant is dissatisfied with the outcome, he or she can refer the matter to the Ombudsman. The Ombudsman has the power to carry out independent and impartial investigations. She can summon witnesses and she has a full right of access to hospital and other records. If she upholds the complaint, she can recommend an appropriate remedy for the complainant along with changes to hospital or other procedures.

Many of these agencies will be unfamiliar with the operation of the Ombudsman's Office. This new initiative, which includes meetings with boards of management and seminars for complaint handlers, is designed to develop an awareness among these organisations about their responsibilities under the new procedure.

The Ombudsman will emphasise:

• the importance of good record keeping, particularly medical and nursing records;
• the importance of good communications (between medical, nursing and administrative staff and between healthcare staff, patients and their families);
• the need to acknowledge that things do go wrong and when they do, that staff are empowered to resolve the problem as close as possible to the point of grievance; and
• the need to focus on the rights of patients, particularly the right to safe treatment.

The Ombudsman will also highlight the Statement of Good Practice For The Public Health Service In Dealing With Patients, developed from her experience of dealing with complaints relating to former health board hospitals. The statement also takes account of the ethical guidelines published by the Medical Council and the Code of Professional Conduct published by An Bord Altranais.

The Ombudsman will use this code, together with the Ombudsman Act, as a framework for her examination of health complaints to ensure that it becomes a living reality for all patients.

For further information contact: Michael Brophy, Office of the Ombudsman, 18 Lower Leeson Street, Dublin 2. Tel:- (01)6395639, e-mail: michael_brophy@ombudsman.gov.ie Matt Merrigan, Tel:- (01) 6395635, email: matthew_merrigan@ombudsman.gov.ie or Willy O'Doherty Tel: 065 6865579, email willy_o'doherty@ombudsman.gov.ie

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