Council to write to Trust for assurance of human rights compliance for patients being discharged from hospital

FERMANAGH and Omagh District Council are to write to the Western Health and Social Care Trust seeking assurances of human rights compliance in care package assessments for patients being discharged from hospital.

The matter was raised at the recent Policy and Resources Committee meeting a week after a 92-year-old man with multiple medical conditions was deemed fully independent and requiring no support post-discharge, despite being significantly visually impaired, reliant on continuous oxygen delivery, and unable to walk upright or without assistance.

Having fallen and sustained severe head trauma, he was admitted to the South West

Acute Hospital with a suspected stroke, where his family said staff and treatment were exemplary.

However, he is registered with the Southern Health and Social Care Trust, who dismissed concerns on his vulnerability, insisting he was “fully independent”.

His distraught family challenged this, as the go-ahead for discharge had been given.

After battling authorities, a re-assessment was conducted which established a maximum care package was essential – completely contrary to the original decision.

Call

The grateful family were looking forward to bringing the patient home, but within a matter of hours, the position changed again, after an abrupt call from Southern Trust staff stating nothing could be put in place, before hanging up.

Frantic efforts for an explanation failed as it was after 5pm and no phones were apparently being answered.

The family were left with no choice but to bring the patient home, abandoned without support, and terrified of something going wrong.

The care package thereafter partially commenced; however, almost two weeks later, it is still not fully in place.

Concerns were expressed around human rights – particularly Article 3 (No-one shall be subjected to inhuman or degrading treatment) and

Article 8 (Right to respect for private and family life).

Although Article 8 is a qualified right, interference can only be in specific circumstances, such as by the Home Office.

However, Article 3 is an absolute right, and is legally required to be upheld and protected by all public authorities.

The elderly man’s family believe a refusal to acknowledge his disabilities, vulnerability and functioning difficulties, as well as expecting him to struggle with these unassisted, was humiliating and degrading, and exposed him to risk.

They also feel his Article 8 right to reside in his own home, tended to by family members along with much-needed support, was not properly considered.

During a discussion at the Policy and Resources Committee meeting, Councillor Donal O’cofaigh, CCLA, remarked: “I’m sure I’m not the only member who has had many people telling them of difficulties obtaining care packages. It’s a major issue.”

Although a different area, he proposed writing to the Western Trust requesting if they consider their care package assessments are human rights-compliant, as “these may fail basic regulatory thresholds to achieve such compliance”.

Seconding, Councillor Josephine Deehan, Independent, said: “The provision of care packages is of critical importance to the health and well-being of our elderly population.

“I am aware of very significant difficulties, and in fact, one of the main reasons for so-called ‘bed-blocking’ is no care package [in place] to support discharge.

‘Risk’

“

I’m sure I’m not the only member who has had many people telling them of difficulties obtaining care packages. It’s a major issue.

“Patients remain in hospital long after they are fit to go home, running the risk of acquired infections which can often be fatal.”

She concluded: “This is a very important area which we really need to get right. It has major implications, particularly for the elderly and disabled.

“This needs to be looked at urgently and remedial action put in place.”

The proposal passed without dissent.