A safeguarding expert engaged by the HSE expressed her concern to CEO Mr Bernard Gloster that commissioning “yet another review” following a serious abuse case would delay work to address existing recommendations.
On 21 June 2023, the then Chair of the National Independent Review Panel (NIRP), Ms Bernie McNally, wrote to Mr Gloster following an item on RTÉ Morning Ireland about the NIRP’s review into the ‘Emily’ case. ‘Emily’ was a resident at a HSE nursing home in 2020 when she was raped by staff member ‘Mr Z’, who was convicted of the rape and imprisoned that year. ‘Mr Z’ worked at the nursing home for 16 years.
The RTÉ report referenced Mr Gloster’s intention to appoint an independent safeguarding expert from outside the jurisdiction to carry out another review on foot of the NIRP review, which examined governance arrangements at the nursing home and was submitted in late 2022. The HSE released a summary of this NIRP review on 19 July 2023. The NIRP was established by the HSE, but is independent of its operations. It is engaged to conduct independent reviews following serious incidents in community health and social care.
In parallel to the NIRP exercise, a separate review was undertaken by HSE safeguarding social workers to identify if any further reportable incidents may have occurred. Safeguarding concerns were referred to An Garda Síochána in respect of 21 of 32 residents’ files reviewed. The external expert working with this team, Ms Marcella Leonard, said its work was prematurely ended by the HSE.
In her correspondence to the HSE CEO, Ms McNally noted that she was also an independent safeguarding expert from outside the jurisdiction. “I really hope that this announcement by you is not an attempt by the HSE to undermine my expertise, independence, and integrity. I also hope it is not a delaying tactic to justify any lack of movement on the NIRP recommendations,” according to the correspondence obtained under Freedom of Information law.
Separately, she advised Mr Gloster he would be aware that she had made a formal complaint to the HSE as “I considered that I was being impeded and undermined in my work”.
“I also complained that the internal safeguarding review had not been accepted and acted upon. I subsequently withdrew the complaint following assurance that the safeguarding report would be accepted by [the Community Healthcare Organisation] and the serious safeguarding concerns addressed. I am concerned that the announcement to conduct yet another review will delay again the work required to address all the safeguarding concerns in both reports.”
Ms McNally stated that she had “consistently” expressed the view that all the families of residents for the period of employment of ‘Mr Z’ should “at the very least be informed that a sexual predator had been working in the facility during the period of their family member’s residence with a view to screening their relatives’ records.”
In his response, Mr Gloster said that no slur on the credentials of Ms McNally or the HSE safeguarding review team had been intended. He said notwithstanding the two reports, a number of issues were “unclear” and he was duty bound to consider these.
In September 2023, the subsequent review commissioned by Mr Gloster – conducted by safeguarding expert Ms Jackie McIlroy – found that the HSE’s decision not to review the remaining files in an initial cohort of 79 residents was a missed opportunity. She recommended an examination of records spanning the period of ‘Mr Z’s’ employment in consultation with residents and families. This work has been ongoing.
Meanwhile, it is understood a review of the role of the NIRP, requested by Mr Gloster, has concluded.
A response was awaited from the HSE at press time.
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