Fórsa’s health team recently reached agreement on the introduction of an HSE standard operating procedure (SOP) for assessing the needs of children with disabilities, in order to protect health and social care professionals (HSCPs) from failing to comply with their legal obligations under the Disability Act (2005).

The outcome will also see the appointment of an initial extra 100 HSCPs, and a review of staff and resource issues related to the introduction of the new procedures.

The union sought legal advice on the SOP against a background of strong HSCP reservations about delivering quality assessments and services in a hugely under-resourced and understaffed system.

But Fórsa’s legal team found that the SOP is compatible with the Disability Act, and that health professionals could put themselves at risk of personal liability if the procedures were ignored.

In the light of this advice, and in consultation with representatives of all the professions concerned, the union won important additional safeguards in discussions with the HSE.

First, Fórsa sought and received HSE management’s written confirmation that liability for “complaints or challenges” associated with the operation of the SOP “will rest with the HSE,” and not with individual health professionals.

Second, the union won a commitment to a review of the SOP under a Fórsa-recommended independent chair. The review body will be made up of equal representation from HSE officials and Fórsa and its health professionals.

The review will make an interim report within six months, although the union also has an explicit written assurance that HSCPs can raise concerns, through their union or with their line manager, at any time.

Staffing gaps

The review will address staff and infrastructural resource issues, beyond the 100 agreed extra posts, and examine assessment of needs activity with a focus on the numbers of assessments and compliance with statutory timeframes set out in the Disability Act.

These legal timeframes, which say assessments should be made within three months, are reflected in the SOP. They raised alarm bells with the union and its members because of huge resource constraints across the health and social care professions.

Fórsa believes that the review mechanism now in place provides a formal time-bound mechanism to address this growing problem in the context of the SOP.

In light of the agreement, the union has lifted its earlier instruction that members should not cooperate with the SOP.

Wider issues

In the wider industrial relations arena, the union has also pressed for robust recruitment and retention measures for the professions, placing the issue at the heart of its agenda for talks on a new public service pay agreement.

It also highlighted the issue in its general election 2020 campaigning, when it raised HSCP staff shortages with all the main political parties and their leaders.

Fórsa official Catherine Keogh said professionals’ fears about the SOP were based on their front-line experience of trying to provide a first-class service with third-rate resourcing.

“The SOP is compatible with the law, but that doesn’t address well-founded concerns about its potential negative impact on service quality. We have acted to protect staff from legal liability, while using the process to build another mechanism to address staff shortages and other resource constraints,” she said.

Meanwhile, the union is addressing professionals’ issues on other fronts including the commencement of a review, which will benefit individual HSCPs and help ease retention problems. It is also actively negotiating over recruitment processes, including the national panel-based system.

Fórsa also offers its members in the professions free guidance and legal representation if they become subject to ‘fitness to practice’ proceedings the CORU system.

Find out how Fórsa will support you under CORU ‘fitness to practice’ proceedings HERE.