Rights and Entitlements of Older Persons:

An Ombudsman Perspective

Bernadette Mc NallyDirector General

A tribute to Respond1982 – 2013• Founder & Chief Executive Pat Cogan• Philip O’Reilly• Holistic, highly relevant, needs based, strategic plan

( The Best Way Forward, Inclusive Communities for Older People”)• An American research study: “The Well Elderly Study”

Office of the Ombudsman 1984 - 2013Role• Protect Citizens Rights• Investigate Complaints and seek redress• Advocacy not a primary role• Must be Impartial and Independent• Establishes the truth• Ensures fair play

“Rights and entitlement of older persons”

• Former Ombudsman .... Emily O’Reilly• Nominated Ombudsman .... Peter Tyndall• Enabling and empowering older people and people who

advocate on their behalf

How might the Ombudsman’s Office help you? Service or benefit denied Poor service Poor information provision

N.B. Complain / Appeal to the Public Body first Complaint examined on it’s merits (both sides, evidence) Ombudsman recommends only (5 times in 29 yr history /

80,000 complaints have recommendations been rejected

Public Bodies under Jurisdiction• Government Depts (Health, Social Protection,

Environment)• Local Authorities• Health Services Executive• Additional 180 Bodies – 1st May 2013

eg. 3rd Level Education, VECs, HIQA, PRTB

What can the Ombudsman examine?Was the action:

-- taken without proper authority-- taken on irrelevant grounds-- the result of negligence or carelessness-- based on erroneous or incomplete information-- improperly discriminatory-- based on undesirable administrative practice,

Was the complainant dealt with in a satisfactory manner - properly, fairly, openly, impartially, timely.

Case 1: Non contributory pension•Non Contributory State Pension refused•Low income•Inherited family home •Means assessment•Property not personally used or enjoyed•House for sale•Awarded pension and arrears of €38,000

Case 2: Medical card

•80 year old man•Medical card withdrawn 2009•Medical card reinstated 2012•No change in income level•Sought refund of medical expenses from ‘09 to ’12 : €761•Separated – treated as single man for purposes of means test•Re-united with wife: met means limit for a couple•HSE reimbursed med. expenses, now looking at separated persons issue

Case 3: Medical Card

•Married couple with UK pension•Some investments in shares•No Irish Social Welfare Income•Application pending for 20 months•Means test does not apply•Revenue bonus: Income levy refunded also (exempt from USC)

Case 4: Hospital charge

•Man attended A&E with GP referral•Referred for ultrasound in Med. Assess Unit•In & out in 1 day•Charged as inpatient, billed €75•Complaint to hospital not upheld•HSE reimbursed and reviewed other incorrect charging practices

Case Study 5 - Hospital Test Results • Woman feeling unwell, rapid weight loss, SOB• Referred by GP to Hosp, tests arranged, public• 4 days after lung test - became ill, died in ambulance• 10 days later, GP phoned Hosp., test results still in the Dr.s pidgeon-hole• “Significantly abnormal” result• No alerting system from lab, no phone-call: snail mail• Public post not monitored daily, private post different• Poor complaint handling• Clinical advice: earlier response would probably have led only to more tests.• Apology and improved practices

Case 6:- Local Authority Housing adaptationOlder person, in receipt of pension, living aloneHip replacement and waiting further surgery, on crutchRefused bathroom adaptation by Local Authority.LA wanted her to transfer to another house with shower facilities.Woman had lived in home for 30 years and had friends locallyLA agreed to fund adaptation.

Be clear on your rights and entitlements

Ask questions, seek assistanceDon’t let it go.......

Question - Appeal - Complain

Get a result for yourself and for others after you

Kofi Annan, the former UN Secretary General “A society for all ages is one that does not caricature older

persons as patients and pensioners. Instead, it sees them as both agents and beneficiaries of

development. It honours traditional elders in their leadership and consultative

roles in communities throughout the world”.

Respond’s vision and the Ombudsman:Complaints influencing policy development

Why should the creation of essentially artificial homes for our older people, isolated from a vibrant community outside, be increasingly the model of choice for so many?

Are there community solutions engaged in by other countries that we could usefully transplant?

Emily O ‘Reilly, Nursing Homes Ireland Conference , 2009

CONTACT US

Website - www. ombudsman.ie

Address: 18 Lower Leeson Street, Dublin. 2 Phone: +353-1-639 5600

Lo-call: 1890 223030Fax: +353-1-639 5674

Email: ombudsman@ombudsman.gov.ie