Mar 11, 2011

Manitoba Ombudsman Irene Hamilton released a report on the Protection for Persons in Care Office of Manitoba Health. The report contains 5 recommendations. Manitoba Health accepted all 5 recommendations. Its formal response is included at the end of the report.

"The PPCO receives and investigates abuse allegations in care facilities throughout the province. It fulfills an extremely important role," said Hamilton. "Manitobans need to know that the PPCO investigates allegations of abuse in care facilities thoroughly and impartially in accordance with The Protection for Persons in Care Act."

In recent years, the PPCO engaged in an organizational change exercise that included a re-interpretation of the statutory definition of abuse. The concern raised with the Ombudsman was that the re-interpretation could result in cases being prematurely closed for not meeting the now higher threshold, or result in investigative findings that abuse did not occur, when in fact it may have.

As a result of the investigation, the Ombudsman recommended (1) that the PPCO's working definition of abuse be revised to include both the acts of abuse and the outcomes of those acts, that the threshold for serious harm be defined in accordance with case law, and that the PPCO's working definition of 'reasonably likely' to cause serious harm be revised.

The Ombudsman recommended that PPCO policies on (2) referrals to professional bodies such as the College of Physicians and Surgeons and (3) referrals to law enforcement agencies be revised to clarify when there are reasonable grounds to make such referrals.

The Ombudsman recommended that (4) the PPCO revise its inquiry phase in which it is required to determine if a matter should be more thoroughly investigated. The inquiry phase should focus on whether or not there are reasonable grounds to believe that a patient has been or is likely to be abused, and on obtaining the necessary information to make that determination.

The Ombudsman also recommended that (5) the PPCO issue necessary directions to facilities to ensure patient safety even if there has been no finding of abuse, if the directions would assist facilities in further preventing mistreatment and in ensuring patient safety.