All nursing homes, as registered providers with the Health Information and Quality Authority (HIQA), have well-established obligations under the legal framework in terms of the delivery of safe care to residents. HIQA is the statutory independent regulator for this sector and this responsibility is underpinned by a comprehensive quality framework comprising of Registration Regulations, Care and Welfare Regulations and Quality Standards.
The Chief Inspector of Social Services, established under the Health Act 2007, has significant and wide-ranging powers up to and including withdrawing the registration of a nursing home facility, which means that it can no longer operate as a service provider.
As the independent regulator of nursing homes, the Chief Inspector determines the appropriate approach and interventions required to monitor and ensure compliance with the regulatory framework.
HIQA will always work closely with nursing homes providers to ensure compliance plans are in place to deal with the issues raised in their inspection reports.
The legal framework for the regulation of nursing homes in Ireland is set out in the Health Act 2007 (as amended), associated regulations and nationally mandated standards. The Act and the regulations provide the legal framework for how nursing home care must be delivered, and to which a registered provider must adhere in order to remain registered and to continue to operate their nursing home.
The Act also sets out the responsibilities of HIQA’s Chief Inspector in relation to registration, monitoring and inspections of nursing homes. This includes the assessments of provider’s compliance with the regulations, and standards.
Regulation is comprised of a number of key activities:
i) registering designated centres.
ii) inspecting and reporting on the quality and safety of the services.
iii) ongoing monitoring of compliance in services.
iv) meeting and engaging with people who avail of the service to hear their experiences.
v) receiving, analysing and risk-assessing information from a range of sources to inform our regulation activity.
HIQA is committed to ensuring that all nursing homes are inspected at least once a year. Since 2022, an increasing numbers of centres have been inspected twice a year (nearly 40% in 2024). In 2024, 84% of all inspections in nursing homes were unannounced. Inspectors take a risk-based approach to regulation, carrying out more inspections in centres where there are concerns about the care and welfare of residents or where there is repeated non-compliance with the regulations.
Where a provider of a nursing home fails to recognise or address issues that are impacting the care of residents, inspectors will commence a process of escalating regulatory engagement, including cautionary and warning meetings. In circumstances where the required levels of improvement are not achieved, Part 8 of the Act sets out the tools of enforcement which are available to the Chief Inspector, such as:
i) attaching or varying a condition of registration pursuant to section 51 of the Act.
ii) cancelling the registration of a designated centre pursuant to section 51 of the Act.
iii) applying to the District Court seeking an order for the cancellation of a designated centre’s registration pursuant to section 59 of the Act.
iv) prosecution.
The legal framework sets out a two-step process of issuing a notice of proposed decision before a notice of decision for one and two of the above regulatory enforcement actions. The Health Act 2007 (as amended) was recently amended to ensure that any required regulatory enforcement can be effected in a shorter time frame.