The Health Information and Quality Authority (HIQA) welcomes the commencement of its Chief Inspector of Social Service's new statutory review function under Section 41A of the Health Act 2007, as amended.

This new review function will allow the Chief Inspector to review certain serious incidents relating to an unexpected death or serious injury that has occurred during the provision of a health service, where some or all of the care concerned was provided in a nursing home. 

The reviews will focus on understanding the facts relating to how the incident occurred and identify any learning. The legislation requires the reviews to be a no-blame process that make recommendations to reduce risk, strengthen systems and processes, and improve the quality and safety of care.

Finbarr Colfer, HIQA’s Chief Inspector Designate said:
“I welcome this step to improve safety and quality in nursing homes and health service settings. By having a no blame and no-fault review process for serious incidents, services can act and identify learning to help to reduce risks in the future.”

In determining whether a review under Section 41A of the Health Act would be appropriate, the Chief Inspector will consider factors such as the seriousness of the incident, the potential for learning, and whether a focused review could help improve the safety and quality of care. When an incident does not meet Section 41A criteria, the issue will be referred for consideration under other regulatory procedures available to the Chief Inspector. HIQA’s Chief Inspector encourages anyone with a concern they would like to raise with HIQA to get in touch.

Mr Colfer continued:
“We value all information we get from people about the care they receive and use it to inform our regulatory activity. If anyone has a concern or experience they would like to share, please contact us.”

Further information is available at: https://www.hiqa.ie/get-touch/report-concern-or-give-feedback

Notes to Editor:

• The Health Information and Quality Authority (HIQA) is the independent body that promotes safety and quality in the provision of health and social care services in Ireland. 
• Through its regulation, standard setting and evidence to inform decision-making functions, HIQA supports health and social care services to consistently deliver excellent standards of care and the best possible health and social care outcomes for all. 
• Section 41 of the Health Act 2007 outlines the functions of HIQA’s Chief Inspector of Social Services. HIQA’s Chief Inspector is responsible for registering and inspecting designated residential centres older people, people with disabilities and young people in special care units.
• A Section 41A review may be considered where an incident occurs during the delivery of a health service (where some or all of the care concerned was provided in a nursing home) and has resulted in:
  • An unintended or unanticipated death of a patient
  • A serious injury to a patient. 
• Under Section 41A(5), the following persons may request that the Chief Inspector review a specified incident:
  • 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.
• Members of the public who wish to give feedback or raise a concern about the care or support in a health or social care service, can contact HIQA by:
  • Phone: 021 240 9646
  • Email: concerns@hiqa.ie
  • Post: Information Handling Centre, HIQA, George’s Court, George's Lane, Smithfield, Dublin 7, Ireland.