The man’s background was not made known to the operators of the nursing home because of data protection rules.
The revelation was made by the chairperson of Safeguarding Ireland Patricia Rickard- Clarke, who said private nursing homes in particular can be left in the dark about the background of residents.
She was speaking after a separate HSE report involving a healthcare worker with no previous convictions , who was jailed for raping an elderly female resident, has led to allegations of more sexual assaults in the facility.
None of the allegations in the home were followed up in line with HSE safeguarding policy.
Ms Rickard -Clarke said :”When people are at risk of re-offending and they are going in to a nursing home or residential centre information about them should be available on a limited basis.
“The home can then put in place arrangements to prevent further risk. It is very important that data is shared.
“We keep getting the defence that we need the consent of the person to share data. The issue is whether the nursing home was informed the man was a risk.”
She claimed within nursing homes and residential centres there are also cases of abuse and families may not be notified.
She said in some circumstances people are offending are moved on. “Data is not generally shared with private organisations. Gardai may share it with the HSE in some cases. That is why we need clear guidance on sharing data .”
She said “we need guidance from the Data Protection Commissioner on vulnerable adults.”
She has been calling for years for legislation to cover the safeguarding of adults.
The HSE report was carried out on on a nursing home where a resident with the pseudonym “Emily” was raped in 2020 by a healthcare worker.
He appeared before the courts and was jailed for 11 years.
The report from the National Independent Review Panel which followed found other female residents in the HSE-run home who made similar allegations in the past were not believed and allegations were not followed up.
The HSE was unable to confirm yesterday if it has made formal complaints to the regulatory bodies for nurses, doctors and other staff who were part of the investigation to their regulatory bodies including the Medical Council and the Nursing and Midwifery Board of Ireland as well as CORU which oversee social workers.
A spokeswoman said :”The HSE is currently finalising the appointment of a safeguarding expert from another jurisdiction to assist us.”
It is still unclear who this will be and when the appointment will happen.
The failure to officially publish the report , with full accountability from health officials responsible for oversight, is raising major concerns.
Ms Rickard -Clarke said the Law Reform Commission is due to publish a report on adult safeguarding shortly.
“We need action and we need the Department of Justice to be lead on this.We need regulation,” she said in response to the HSE’s decision to bring in an expert from abroad saying the evidence for safeguards has already been stressed and shown by experts here.
