Difference between revisions of "Directing Residential Care Concerns to Health Authorities"

There  are a number of  international human rights conventions that can also be relied to support human rights  (non discrimination) based  arguments for people living in residential care, such as equitable access to wheelchairs. These include for example, the UN Convention on the Rights of Persons with Disabilities  which Canada signed in 2007 and ratified it in 2010.  It places a responsibility on Canada to address the many barriers faced by persons of any age with a disability. The provincial and territorial governments are responsible for implementing rights in the Convention within their jurisdictions.  From a human rights perspective, for example, a wheelchair is more than an assistive device for many people with disabilities; it is the means by which they can exercise their human rights and achieve inclusion and equal participation.

The Ombudsperson is an independent officer of the Legislature appointed under the Ombudsperson Act. The focus of the Office is to ensure that every person in British Columbia is treated fairly in the provision of public services. The Ombudsperson has the responsibility to advise government on systemic causes of unfairness and to recommend changes to practices, policies and legislation that contribute to recurring unfairness.

The general function of the Ombudsperson is to oversee the administrative actions of government authorities. The Ombudsperson determines whether provincial ministries and  public agencies have acted fairly and reasonably, and whether their actions and decisions are consistent with relevant legislation, policies and procedures. The Ombudsperson can

The Ombudsperson has authority over a wide range of government departments and Ministries; perhaps  one of  the most relevant ones here is the Ministry of Health.  From 2008 to 2009 the Ombudsperson carried out an extensive review of care for seniors in British Columbia, identifying a wide variety of situations where seniors and families were not being treated in a fair manner in home support and residential care services. In 2012 the Ombudsperson also reviewed the circumstances under which certificates of incapability were being issued in British Columbia to declare persons (typically  seniors) incapable of managing their financial affairs. The Ombudsperson’s review focused on whether the incapability certificate process was fair, and whether there were sufficient procedural safeguards to protect the person’s rights.

A wide variety of residential care issues potentially come under the scope of the  Ombudsperson’s mandate of assuring administrative  fairness. These may include, for example, examining whether or not

* a public body  has failed to act – e.g.  a health authority  “turns a blind eye”  to care facility operators  charging  residents extra  for services that  are  included in the accommodation fees paid.

Complaints to Ombudsperson may be made by a person or group of persons.  A complaint must be in writing.  The Ombudsperson is a resource of last resort; that is, the person must have gone through the other avenues first.  

The Ombudsperson can make recommendations which may or may not be acted upon by the public  body. These recommendations are typically couched in language of “administrative fairness” and “natural justice” not whether the actions are  legal. The Ombudsperson’s work is guided by the democratic principles of openness, transparency and accountability.

The Public Guardian and Trustee (PGT) has numerous roles. In the context of residential care, the PGT’s responsibilities can include investigating

The Public Guardian and Trustee (PGT) has jurisdiction over health care decisions, when no one is available or qualified from the list of substitute decision makers. The PGT office can authorize another person such as a friend of the adult to make substitute decisions.  If there is no person to authorize, the PGT can take the role as Temporary Substitute Decisionmaker.