Sunday, November 8, 2015

HSE and Consent

i want to make a few things very clear.
this is so that others know and understand their legal rights.

YOU DO have rights in Ireland, they are there and lets not be blinded by the facts that are placed out there  in the lives of many a sick person here in ireland.

I am going to concentrate on the ones that failed me and for which i suffered very badly and because of this i want to warn others of various ways of finding out your rights.

Ok, so you or your loved one is sick or disabled or elderly and wish to apply for an adaptation grant to your home.
up until recently this grant applied for all with a disability, not just to certain brackets as those who use a wheelchair.
these included those with sensory issues, learning disabled, asperger syndrome and mental illness, they also covered problems within the living spaces that are not confined to the bath areas, they include adaptations to the whole home, whether it be the bathroom, the space, the lack of space and the various type of illness disabilities you are applying under.

If you are sick and disabled you do need advice, but be sure you know its advice you need and remember NO state body can ever tell you what you have to do to your home in order to avail of this grant aid.
there may be stipulations, but the ROLE of the Occupational therapist, and you are advised to get one on board, is just that ADVISORY, its not compulsory, there is no compulsory order for you to biff out your home according to his/her plans (HSE OT) and especially without your consent.

they have no rights in law to decide what you have to do with your home and there is no law to disallow  you be present during discussion regarding your own home.
this is actually totally illegal.
they CANNOT ban you from being present at any meeting that takes place when your home is being discussed, this is illegal.
(it is also illegal if they attempt to keep you out of decision making regarding a relative, a sibling or about care or otherwise, you are the important person when it concerns you and your own family, you are not allowed be usurped by the HSE for any reason whatsoever, at all times you have legal rights to be present at meetings and your consent is enshrined in law.
they cannot ban you from the health centre for any reason whatsoever, this is a public place.

they cannot send in any plans regarding your home, any reports regarding your home without your prior approval, your input and without due regard to both your wishes and your disabilities, in total your wishes and disabilities, not concentrate on one.

Remember at all times you DO NOT have to get the public OT on board even to do the advising, you can get a private OT, and there is a short supply of public OT's so a private one is just as acceptable, at least then, the state will not collude against your wishes.
remember, its happened to me and it is illegal.
Fact 2 regarding dealing with the HSE

try and get a second person on board to help you at all times when negotiating around health and health care, there are many good organisations out there and many good people usually alongside a second relative its good to have these people on board, but remember most are being paid by the HSE so trod with extreme caution.
we have both the Centre for Independent Living, Inclusion Ireland and the Disability advocates within the national advocacy service.

also refer at all times to the Citizens Advice Bureau and if in doubt make an appointment to see a solicitor there at the CAB offices in your area or contact Free Legal Aid.

Keep every single piece of correspondence you make with the HSe.
Date all documents you write and keep a copy filed accordingly.
Register every single letter you send and if you speak with an official follow it up with a letter regarding content of this vocal dialogue.

Never meet a HSE official on your own, ever.

Insist repeatedly on getting copies of your file notes under FOI you have this right and you have the right to have this sent to you by a certain time frame and if you have not you are legally entitled to know why and make complaint about this and seek legal advice.

remember too, know the limits placed on you where you can complain to because consistently the complaints processes are not adhered to, half undone if done at all and there is also a legal time frame you can take a case of injury against the HSE.
that is not to say all issues you have can be dealt with as you wish they could but other avenues remain open, you can contact media, make vocal and video recordings of your experiences after the fact, you can place on video your feelings about the wounds and the hurt and the injustice as they are being played out, remember to to 'voiceover' time, date and when and where they occurred.
one day your voice will get heard, those who persist will be heard.

as i write this i am very aware that i put my URL on the bottom of every single email i send including to the HSE.
they come in here i have no doubt.
they know me and they know that i will never let up until justice is seen to be done.

do not get despondent, do not believe just because we have not sanctioned the Human rights convention for the rights of those with disabilities that in law you have no rights, you do.
you have them under the Constitution of the land, look this up in every case of mishandling of your affairs.
you have the 'fundamental rights' which Ireland is a signatory and within the EU you have also rights because we signed up to the EU charter and many laws there, apply to us too, we have rights.

The human rights commission is considerably watered down under the present government and in my mind are in complete and utter disarray.
the Ombudsman's office ditto, its been weakened and there is less cohesion there too i feel.
The equality tribunal is not equal, unless you have pots of money to fund a solicitor you have little right to equality in law here because the hse will descend on you with a ton of bricks and can legally run all  over you in the space of a minute because they have a very weighty legal department and its the largest employer in ireland so in terms of equality its very unequal and you are but a fly in the ointment.

remember too there are places to go to find out rights.
NUI galway and a disability and law unit and many there are incredibly helpful.
most disability organisations will be able to tell you how to cope with the hse and manage your dealings with them.

but be warned, its a very very hard road, and they want you to give up.
they want you to fail.
it is about being true to yourself and your integrity.  if you have been harmed the truth will come out, someone it will and someone will bring it out even if you feel it never will be heard, it will.

never be afraid.
many are in the same boat.

and to make sure you are going to improve the state of hte nation, do not vote this present government back in because what they have done to the legal system, the human rights commission, the equality tribunal and how they weaken the citizens who have least ability to fight is a crime against the citizens of this state.
angry, you bet i am.

about consent:  this is the national policy regarding consent on all levels of healthcare;
Know your rights.
National Consent Policy
What is Consent?
Consent is the giving of permission or agreement for an intervention, receipt or use of a service or participation in research following a process of communication about the proposed intervention.
Why is Consent important?
Consent must be obtained before starting treatment or investigation, or providing personal or social care for a service user or involving a service user in teaching and research (all defined as ‘interventions’ for the purpose of this policy). This requirement is consistent with fundamental ethical principles, with good practice in communication and decision-making and with national health and social care policy. The need for consent is also recognised in Irish and international law.
Other than in exceptional circumstances, it is important to note that treating service users without their consent is a violation of their legal and constitutional rights and may result in civil or criminal proceedings being taken by the patient. Such exceptional circumstances relate primarily to emergency situations where it is necessary to intervene in the absence of consent in order to preserve the service user’s life or health, or where the service user lacks capacity to give personal consent and a decision is made in his/her best interests.

What are the requirements for a valid consent?
In general terms, the constituent elements of a valid consent are:
Decision-making capacity
Disclosure of information
In everyday health and social care practice, circumstances arise which may challenge frontline staff in seeking informed consent from service users. These may relate to, for example, carrying out an assessment of the capacity of the service user to give consent, uncertainty regarding the age at which consent may be given, what legal issues arise regarding children of unmarried or divorced parents, children of minor parents, wards of court, and so on.
What is the aim and scope of the National Consent Policy?
The National Consent Policy provides one overarching HSE policy to guide staff. The need for consent, and the application of the general principles in this policy, extends to all interventions conducted by or on behalf of the HSE on service users in all locations. Thus, it includes social as well as healthcare interventions and applies to those receiving care and treatment in hospitals, in the community and in residential settings. How these principles are applied, such as the amount of information provided and the degree of discussion needed to obtain valid consent, will vary with the particular situation.
Further information
Link to National Consent Policy and guidance documents
Who can I contact for more information? 

Quality & Patient Safety Division

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