Action needed to safeguard the rights of older people

The Irish care system for older persons is facing a period of intense scrutiny following a series of revelations that have exposed systemic failings, prompting urgent calls for reform from advocacy groups and policy experts. Age Action, the leading advocacy organization for older people in Ireland, has issued a stark warning that the current regulatory and funding frameworks are failing to protect the dignity and safety of some of the state’s most vulnerable citizens. This call for action follows a high-profile RTÉ Investigates documentary that uncovered what has been described as an "indictment" of the residential care sector, revealing practices that range from neglect to explicit harm.

The controversy centers on two facilities operated by the largest provider of long-term residential care in the State. Despite a history of "persistent non-compliance" identified by the Health Information and Quality Authority (HIQA), these homes were permitted to continue operations and even increase their resident numbers without significant penalty. The fallout from these revelations has reignited a national debate over the "marketization" of elder care, the adequacy of regulatory enforcement, and the urgent need for a statutory homecare scheme that would allow older people to age in their own communities.

The RTÉ Investigates Findings and Immediate Repercussions

The broadcast by RTÉ Investigates provided a grim window into the daily realities of residents in certain long-term care facilities. The undercover footage and whistleblower testimonies detailed a lack of person-centered care, staffing shortages, and a failure to maintain basic standards of hygiene and dignity. Age Action has characterized these findings as "appalling practices" that represent a fundamental failure of the societal duty of care.

A primary point of contention is the delay in regulatory intervention. It has been revealed that 17 weeks elapsed between the filing of protected disclosures to HIQA and a subsequent follow-up inspection. For many families and advocates, this timeline is unacceptable, particularly given that the disclosures involved allegations of explicit harm. Camille Loftus, Head of Advocacy at Age Action, stated that the system of regulatory enforcement is currently failing vulnerable older people, noting that the case for more robust action in the face of persistent non-compliance is now "undeniable."

HIQA’s own records indicate that the two facilities featured in the documentary were not isolated cases. They were among 36 nursing homes across the country that had undergone three or more inspections specifically in response to persistent non-compliance. While new admissions have since been halted at one of the facilities featured in the report, the fact that such homes were allowed to expand their resident intake despite known failings has raised questions about the "teeth" of the current regulatory regime.

A Chronology of the Developing Crisis

The current crisis in the nursing home sector did not emerge in a vacuum. It is the result of a decade-long shift in how elder care is structured and funded in Ireland.

  1. 2017: The Citizen’s Assembly Recommendation: A landmark Citizen’s Assembly recommended the establishment of a statutory homecare scheme to ensure that older people had a legal right to care in their own homes, mirroring the legal right to a nursing home bed provided by the Nursing Home Support Scheme (Fair Deal).
  2. 2020–2022: The COVID-19 Impact: The pandemic disproportionately affected nursing home residents, leading to a temporary shift in focus toward home-based care and an increase in funding for home support hours.
  3. January 2024: ESRI Report on Long-Term Residential Care: Research from the Economic and Social Research Institute (ESRI) highlighted the changing landscape of the sector, noting an increasing concentration of ownership among large private providers and international real estate investment trusts (REITs).
  4. September 2024: HSE Performance Data: Official figures showed a massive disparity in care options. While nearly 24,000 people were supported in residential care, only 69 individuals nationwide had access to an Intensive Home Care Package (IHCP).
  5. June 2025: HIQA Statement and RTÉ Broadcast: HIQA released a statement regarding persistent non-compliance in dozens of homes, shortly before the RTÉ Investigates program aired, confirming that institutional abuse of rights and dignity had reached an "intolerable level."

Statistical Overview of the Sector

Ireland’s aging population is growing rapidly, yet the infrastructure to support this demographic shift remains heavily skewed toward institutionalization. According to the latest census and HSE data, approximately 24,000 older people live in long-term residential care, representing roughly 2.9% of the population aged 65 and over.

However, research consistently shows that residential care is rarely the first choice for these individuals. The vast majority of older people express a preference for aging in their own homes, surrounded by family, friends, and familiar community supports. The current reliance on nursing homes is often a consequence of a lack of viable alternatives rather than a personal preference.

The funding imbalance is perhaps the most telling statistic. The Nursing Home Support Scheme, commonly known as "Fair Deal," provides a clear financial pathway for residential care. In contrast, homecare remains a discretionary service without a statutory basis. The HSE Performance Report from September 2024 underscores this gap: the 24,000 people in nursing homes are contrasted against a mere 69 people receiving Intensive Home Care Packages. IHCPs are designed for those with complex needs, including dementia, providing nursing and therapy services to prevent hospital readmission. The scarcity of these packages effectively funnels people with complex needs into residential facilities, regardless of their wishes.

The Profit-Driven Model and "Real Estate" Care

One of the most significant criticisms leveled by Age Action and other advocacy groups is the evolution of the nursing home sector into a real estate investment asset. In recent years, there has been a notable trend of small, family-run nursing homes closing, only to be replaced by large-scale facilities owned by private equity firms and international corporations.

This "marketization" of care has led to concerns that the primary objective is the generation of profit rather than the delivery of high-quality, person-centered care. When facilities are viewed as units for profit generation, there is an inherent pressure to minimize costs, often leading to the staffing shortages and inadequate training that were highlighted in the RTÉ investigation.

The current funding model does not help matters. It is largely a "one-size-fits-all" payment per bed, which fails to account for the varying levels of care needs among residents. A resident with advanced dementia or significant physical disabilities requires far more intensive resources than a resident with lower care needs, yet the funding often does not reflect this reality. This creates a systemic incentive to cut corners on staffing and specialized services to maintain margins.

Official Responses and the Statutory Homecare Scheme

In the wake of the RTÉ broadcast, Minister for Older People Kieran O’Donnell TD has reiterated that his priority is the implementation of a statutory homecare scheme. This scheme would finally put homecare on a legal footing, providing older people with a "right to care" at home. While the government has increased funding for home support hours in recent years, advocates argue that the pace of change is far too slow to meet the burgeoning demand.

The Minister’s commitment is seen as a positive step, but Age Action argues that it must be accompanied by immediate, "robust action" to address the failures in the residential sector. The Commission on Care is currently tasked with making recommendations for the future of the health and social care system, but there is a growing consensus that the government cannot afford to wait for a final report before intervening.

HIQA has also come under fire. While the regulator defended its processes, stating that it must follow due process and legal requirements before shutting down a facility or halting admissions, the 17-week delay in acting on protected disclosures has led to calls for a review of HIQA’s enforcement powers. Critics argue that the regulator needs more agility to protect residents from immediate harm when credible allegations are made.

Broader Implications and the Path Forward

The revelations of institutional abuse and neglect have broader implications for Irish society’s relationship with its older generation. Camille Loftus of Age Action emphasized that the issue is not just one of regulation, but of human rights. "Older people must be given the choice, control, and quality care they need to age in their own homes, rather than being treated as units for the generation of profit," she stated.

The transition to a more equitable system will require a multi-faceted approach:

  • Statutory Homecare: Legally mandating homecare services to provide a genuine alternative to residential care.
  • Regulatory Reform: Strengthening HIQA’s powers to act swiftly in cases of persistent non-compliance and ensuring that homes with poor records cannot expand their operations.
  • Person-Centered Funding: Reforming the Fair Deal and homecare funding models to ensure resources follow the individual’s specific care needs rather than the facility’s bed count.
  • Workforce Planning: Addressing endemic staffing shortages through better pay, conditions, and mandatory specialized training for those working in the elder care sector.

As the Commission on Care prepares its findings, the Irish government faces a critical juncture. The choice is between maintaining a profit-driven, institutionalized model or pivoting toward a rights-based system that respects the autonomy and dignity of older citizens. For the 24,000 people currently in residential care and the hundreds of thousands who will follow them, the stakes could not be higher. The "appalling practices" revealed by investigative journalism must serve as a catalyst for a permanent and profound shift in how Ireland cares for its elders.

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