Department to return £10m to nursing home patients

Maladministration denied payments to private nursing home patients and is expected to cost the Department of Health over £10 million to reimburse, according to a report published today by the Ombudsman.

The Ombudsman, Mr Kevin Murphy, examined the operation of the nursing home subvention schemes - run by health boards - which were introduced in 1993.

In his conclusion Mr Murphy said: "There was an absence of any awareness on the part of the Department of Finance, the Department of Health and Children and the health boards, that people’s entitlements and human rights cannot arbitrarily be put to one side in the saving of money".

The Ombudsman’s report focused on two aspects of the subvention system including the assessment of family circumstances where health boards effectively (but wrongly) included the income of applicant’s children in calculations for subvention entitlements.

Under the Act elderly people in nursing homes are entitled to a level of weekly subvention ranging from £70 to £120 and also a level of pocket money for their own personal use.

Mr Murphy investigated how the scheme's provision allowing nursing home patients retain pocket money was not implemented, and the money retained by the health boards.

The Ombudsman said actions by the Department and health boards were "taken without proper authority" and were "improperly discriminatory" and "contrary to fair and sound administration".

The ombudsman also said despite legal advice, these practices continued. "In 1995 two of the health boards (WHB and SHB) separately received legal advice that the approach to the "pocket money" issue advocated by the Department was incorrect. Not all the health boards changed their practice consequent on this advice; and the WHB in particular, continued its practice for a considerable period despite the explicit advice it had received."

Mr Murphy said there was a failure of the Houses of the Oireachtas in supervising the regulations and ensuring accountability of successive Ministers.

He added there was a breakdown in the accountability relationship between Ministers and senior civil servants and - at the very list - a distinct lack transparency in the relationship.