The HSE’s decision to ask a family to sign a confidentiality agreement before letting them see a report into the death of their relative at Leas Cross nursing home was condemned yesterday.
Inclusion Ireland, an organisation representing people with intellectual disability in Ireland, said it was dismayed at reports that the family of Peter McKenna who died in the north Dublin nursing home had been denied access to the report unless they signed a confidentiality agreement.
Mr McKenna (60), who had Alzheimer’s disease and Down syndrome, died in October 2000, 13 days after he was transferred from St Michael’s House to Leas Cross nursing home in Swords against his family’s wishes.
A non-statutory inquiry into his transfer to the nursing home was commenced at the request of the Minister for Health Mary Harney in 2007.
The inquiry was conducted by Conor Dignam BL. The HSE said it received his report last month. Mr McKenna’s family, who have been campaigning for years for answers in relation to the way he was treated, say they were requested by the HSE to sign a confidentiality clause before they could receive a copy of the report. They have refused to sign anything.
The HSE, in a statement, said following the receipt of late submissions from a number of parties which Mr Dignam was asked by the HSE to consider, the report was finalised on March 12th last, which is when it was delivered to the HSE.
“The HSE’s legal advisers have been in contact with the legal advisors for the parties affected by the publication of the report in relation to its release. None of the parties were requested to sign confidentiality agreements.
“Some issues of concern were expressed in relation to the wider publication of the report and the HSE sought to arrive at a solution to the satisfaction of all interested parties. That process has not yet been completed,” it said.
Inclusion Ireland called for the report to be published in full.
It also said it is opposed to the practice of placing people with an intellectual disability in nursing homes, which are not equipped to deal with their specific requirements and needs.
Leas Cross closed in August 2005 shortly after RTÉ's Prime Time Investigatessent an undercover reporter into the home and found serious problems. The home was subsequently sold and has since reopened under new management and a new name.