Seniors’ Advocate releases Recommendation Monitoring Report for “He Deserved Better” investigation.

Seniors’ Advocate releases Recommendation Monitoring Report for “He Deserved Better” investigation.

July 13, 2023

FREDERICTON – The Office of the Child, Youth and Senior Advocate has submitted its recommendation monitoring report following the release of “He Deserved Better: One Man’s Final Days in Long-Term Care” in January 2022.

Of the thirteen recommendations made in the report, the Department of Social Development has:

  • Fully implemented two recommendations,

  • Offered two alternative solutions to recommendations,

  • Largely implemented two recommendations,

  • Limitedly implemented three recommendations, and

  • Not accepted one recommendation.
    (*glossary of recommendation statuses included on page 3 of the Annual report).

“No one has argued that what happened to this gentleman and his loved ones is acceptable. Active participation by the Department of Social Development has shown determined progress related to meaningful improvements in training, standards, and investigation protocols,” said Lamrock.

There are several remaining issues that the Advocate wishes to bring to the attention of New Brunswickers generally, and the Department of Social Development specifically.

In the areas of regulating nursing home interactions with families, ensuring that violence in nursing homes has a specific protocol, reporting on violent incidents to families and the public, and robustly funding inspections and reporting, there is much work still to be done.

Accountability needs to be improved.

Lamrock said, “There has been a reticence on behalf of the Department of Social Development to act that is inconsistent with the public oversight we owe vulnerable seniors in some areas. A deference to the private nature of nursing homes has put seniors at risk, and in many cases this deference has created a chilling effect on reporting negative interactions for fear of retaliation.

The Advocate wishes to be clear on this matter: “To be responsible for the care of New Brunswick’s seniors is a public trust; even if government uses private operators to provide the service, the trust is still a public one. The trivia over who owns the building and who signs the paycheques does not in any way alter this trust.”

Lamrock continued: “Child-care facilities are rigorously regulated and inspected. Independent school districts answer to the Minister of Education. Professions that involve a public trust and a power imbalance – doctors, lawyers, psychologists, massage therapists- are all subject to robust statutory and regulatory oversight. Private long-term care facilities should be no different.”

The Advocate is encouraged by the progress made to date but urges the Department of Social Development to continue to collaborate with the Office of the Seniors Advocate to increase the regulatory accountability and protections afforded to our vulnerable seniors in long-term care facilities in New Brunswick.

MEDIA CONTACT:

Mike Girard, communications, Office of the Child, Youth and Seniors’ Advocate, 506-476-9145, Michael.girard@gnb.ca.

Amélie Brutinel