Call for adult safeguarding legislation after rise in reports of elder abuse

Safeguarding Ireland chairperson Patricia Rickard-Clarke: 'We don’t have adult safeguarding legislation, that is the big gap.'

More people are reporting abuse of older people, new HSE data shows, but advocates fears a gap in safeguarding legislation means the ability to help victims is limited.

In Cork and Kerry, 341 concerns were reported to the local HSE Safeguarding and Protection team last year, with 369 reports in 2021, and 331 made in 2019.

The chief concern was around psychological abuse, with 83 reports around this last year, 38 reports around physical and psychological abuse combined, 56 around psychological and financial abuse, and 19 concerns around psychological abuse combined with neglect.

The teams also received five concerns around people being abused physically, psychologically and financially. The teams accept reports of abuse against over-65s and vulnerable adults. 

Across Limerick, Clare and North Tipperary, 264 concerns were raised in 2019, rising to 284 last year. Between 2019 and last year, they received a total of 1,041 reports. 

This included 150 allegations of psychological abuse made last year, 81 of physical abuse, and 78 relating to financial abuse.

“All adults have the right to be safe and to live a life free from abuse,” a spokesman said.

Across Galway, Roscommon, and Mayo, 1,524 concerns were raised between 2019 and 2021, with psychological abuse the most commonly reported.

Physical abuse accounted for 21.35% of reports last year, and sexual abuse accounted for 2.4%.

However Safeguarding Ireland chairwoman Patricia Rickard-Clarke said a key issue now is what happens after concerns are raised.

“We don’t have adult safeguarding legislation, that is the big gap,” she said. “In terms of reporting, we do not have a legal framework. We do not have anybody with oversight.” 

She said while people think of Hiqa as having oversight for older people, the health watchdog cannot act on individual complaints or individual rights.

“There are lots of issues. So there is no right to enter a premises, a private property and it may be the premises of the person who is being abused,” she said.

“But there is a door-keeper there who maybe is the abuser and who won’t allow entry. If there are reports around issues like that, we need to have access.” 

Age Action Ireland head of advocacy Celine Clarke: 'Age Action is always concerned about safeguarding of people in vulnerable situations.' Picture: Moya Nolan

These fears are echoed by Age Action Ireland head of advocacy and public affairs Celine Clarke.

“Age Action is always concerned about safeguarding of people in vulnerable situations, because currently there is a lack of a legislative framework to support people in those situations,” she said.

“We have also been calling for an expansion of the legal concept of coercive control, beyond intimate relationships, to include coercive control of another person as a crime in any close personal adult relationship or setting.” 

This is based on information shared by callers to the Age Action Helpline.

“Inevitably, there might be an adult child maybe who is exposing the older adult parent to financial abuse, for example,” she said.

“There is an element of coercive control in that, in controlling someone’s money or bullying them into spending the money in a way the older person may not want to, or not spending it can also be the case.”