Protecting older adults: A policy and legal review of Elder abuse in Ireland

Emer Beglay and Frances Matthews

Issue 393, vol.99, Spring 2010

A Working Group on elder abuse (set us from the Department of Health and Children) published its report in 2002 : Protecting Our Future. As a result, four dedicated elder-abuse officer posts, and 32 elder-abuse case worker posts were established across the country. (It has been found that in the vast majority of cases the alleged perpetrator of the abuse was the person’s son or daughter – and in 17% of cases it was the person’s spouse). Protecting Our Future recommended that older people’s entitlement to core community care services should be put on a legal footing – which would of course also be a support for the many thousands of family care-givers.

Older adults in Ireland (in contrast to some jurisdictions) enjoy no more legal protection than any other citizen. Statutory recognition of their abuse – with penalties – is called for; and a Scheme of Mental Capacity Bill has already been published. When an older person experiences physical abuse, some measures of protection are available under the Non Fatal Offences Against the Person Act 1997.

Psychological abuse includes emotional abuse, threats of harm or abandonment, coercion, harassment. The same 1997 Act includes the offences of harassment and coercion. As regards sexual abuse : In addition to shame and fear, older adults may lack the capacity to consent to sexual activity, or the ability to protest or complain. In Ireland, the only classes of people on whom the law confers special protection are children and young people, and those who are mentally ill or impaired.

The Leas Cross Review (2006) high-lighted the institutional abuse of older adults. This could amount to degrading treatment – and a violation of residents’ rights (under the European Convention on Human Rights Act 2003) to life, liberty and privacy. (Incidents of general neglect could also contravene the European Convention on Human Rights). In 2005, the Health Information and Quality Authority was established – part of whose remit is to provide an independent inspectorate for nursing homes.

As a society, we need to give voice to these victims. Inherent ageism is at work, preventing the discussion of elder abuse; and this lack of openness is often compounded by fear and (where a family member is the perpetrator) by shame.

Emer Begley BA MSc DipStat PhD is a Social Policy Officer at Age Action Ireland. She worked previously as a social researcher and completed her PhD in social policy in 2009. She is currently working on a European wide project (EuROPEAN), funded by the European Commission, which is exploring policy and practice to prevent elder abuse.

Frances Matthews MB CUB MFFLW MBHL LLM DLS has both medical and legal qualification. She has worked as a GP and in hospitals in the UK, Canada and New Zealand. She has a special interest in the human rights of older people.