Information for nursing home residents, their families or nominated person
A Section 41A review is a review of a very serious incident that happened during the provision of a health service in a nursing home where some or all of that care was provided in the nursing home. Section 41A reviews are about learning from very serious incidents and improving care in nursing homes and health service settings.
A section 41A review will seek to establish the facts relating to how the specified incident occurred. It will make recommendations for the service to allow action to be taken to reduce risks and improve quality and safety going forward.
A review may be considered when an incident occurs during the delivery of a health service and has resulted in:
- An unintended or unanticipated death of a patient
- A serious injury to a patient.
The review is a no blame and no-fault process. This means it is not about finding fault with individuals or assigning responsibility. Instead, the focus is on understanding the circumstances surrounding the incident, including how systems, processes, and arrangements worked at the time, and identifying any learning that may help improve services and reduce the risk of similar incidents happening again.
Under Section 41(A)(5), you can request the Chief Inspector to consider a review of a specified incident if you are:
- The patient
- A parent, guardian, son, or daughter of the patient
- The patient’s spouse, civil partner, or someone living with the patient as their partner
- A person who has legal responsibility for the patient’s affairs, including a person appointed by a court
- The patient’s legal representative
- Any other person who has the patient’s written permission to make the request.
A Section 41A review can only be considered if:
- The incident happened after Section 41A of the Health Act came into effect
- The incident occurred within the last 12 months, after commencement.
If more than 12 months have passed, a review may still be considered if you could not reasonably have known about the incident earlier. The 12-month time limit applies only once Section 41A has been in operation for more than 12 months.
If these conditions are not met, a Section 41A review cannot proceed.
Not all serious incidents lead to a Section 41A review. The Chief Inspector considers factors such as the seriousness of the incident, the potential for learning, and whether a focused review could help improve safety and quality of care.
However, when an incident does not meet Section 41A criteria, there may be other avenues to progress the issue, which will be outlined in the Chief Inspector’s response to requests to consider a Section 41A review.
A nursing home resident, their family member or legal representative (or other individuals listed in the Section 41A legislation) may request the Chief Inspector to commence a Section 41A review. Separately, information might otherwise come to the attention of the Chief Inspector, leading to a Section 41A review being considered. Any such requests can be sent to HIQA’s Information Handing Centre (see details below).
While not all incidents will lead to a Section 41A review, HIQA and the Chief Inspector values information from the public. If anyone has a concern, information, or experience they would like to share with HIQA, please contact us using the details below. This is the correct and confidential way to raise concerns or to request the consideration of a specified incident review, which are managed in line with HIQA’s policies and processes.
If you want to give feedback or raise a concern about the care or support in a health or social care service, you can contact us by:
- Phone: 021 240 9646
- Email: concerns@hiqa.ie
- Post information to: Information Handling Centre, HIQA, George’s Court, George's Lane, Smithfield, Dublin 7, Ireland.