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RQIA Independent Review of The McDermott Brothers' Case

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8.0 Conclusions and Recommendations<br />

8.1 In examining the detail <strong>of</strong> the WHSCT's involvement <strong>of</strong> this case, <strong>RQIA</strong><br />

acknowledges that the issues being dealt with were complex. It is<br />

evident that the WHSCT has duties that span a range <strong>of</strong> statutory<br />

functions. <strong>The</strong>se relate to the provision <strong>of</strong> care and protection <strong>of</strong> the<br />

population within its geographical boundary, and also a duty for the<br />

care and treatment <strong>of</strong> individuals identified to them as having a mental<br />

disorder or learning disability.<br />

8.2 In ensuring that the terms <strong>of</strong> reference for this review have been<br />

properly addressed, <strong>RQIA</strong> examined in detail the full range <strong>of</strong> clinical<br />

and care records <strong>of</strong> the brothers; the full range <strong>of</strong> management<br />

communications and directives with the service; and, communication to<br />

and from other agencies and organisations associated with the case.<br />

This information was further validated through interviews with the range<br />

<strong>of</strong> WHSCT <strong>of</strong>ficers involved in the case.<br />

8.3 Key to understanding the many complex issues arising out <strong>of</strong> the case,<br />

the views <strong>of</strong> survivors were also sought on their perceptions and<br />

experience <strong>of</strong> the care, support and communication from the WHSCT.<br />

8.4 <strong>RQIA</strong> assessed that the WHSCT has met the requirements <strong>of</strong> relevant<br />

legislation and policy in its supervision, care and treatment <strong>of</strong> James<br />

Francis and Owen Roe <strong>McDermott</strong>, and its governance and<br />

management arrangements relevant to the case.<br />

8.5 With regard to child protection, <strong>RQIA</strong> concluded that the WHSCT acted<br />

within the legislative framework governing child protection. In<br />

recognition <strong>of</strong> the distress caused to those associated with the case,<br />

the Gateway team discharged its statutory responsibilities around child<br />

protection in a sensitive and empathetic manner. This included a<br />

strategy for engagement with the community on strategies for child<br />

protection. A specific issue was identified in relation to the assessment<br />

<strong>of</strong> child protection risks in a relevant area <strong>of</strong> organised social activity. A<br />

recommendation has been made on how this should be addressed in<br />

the future.<br />

8.6 One area for improvement was noted to have been the potential for<br />

vital communication to be lost due to difficulties in communication<br />

between social services and education during school holidays. As a<br />

result, a recommendation is made to address this issue on a regional<br />

basis.<br />

8.7 <strong>RQIA</strong> considers that, in general, the WHSCT contributed appropriately<br />

to the PPANI arrangements in this case, through the work <strong>of</strong> the<br />

WHSCT's Principal Officer. An initial lack <strong>of</strong> awareness <strong>of</strong> the role <strong>of</strong><br />

the new PPANI arrangements across the organisation did not impact<br />

on the response <strong>of</strong> the organisation to the PPANI process. A<br />

recognised need to ensure effective collaboration in this case after the<br />

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