The complaint: Sherri contacted us on behalf of her sister, Luna, who receives full-time care at a Northern Health long-term care facility. Sherri was informed by the facility that a male resident, who lived on the same floor as Luna, had sexually assaulted her sister. Luna was unable to consent to sexual activity. Sherri complained to Northern Health’s Patient Care Quality Office (PCQO) and demanded the man be moved to a different facility. The PCQO told Sherri that the facility had “started the process” of moving the man, but when Sherri didn’t hear any more from Northern Health, she complained to our office.
What we did: We investigated to see if Northern Health applied its policies fairly in responding to this serious incident. We discovered that about five months after Sherri made her complaint, Northern Health determined it could not legally move the man to a different long-term care facility without his consent. Northern Health failed to tell Sherri this.
We also determined that Northern Health should have immediately reported the assault to the Minister of Health under BC’s Hospital Act but had failed to do so.
We also looked at whether Northern Health’s policies for responding to serious incidents like this were adequate, given that the facility in question is governed by the Hospital Act rather than the Community Care and Assisted Living Act.
Because the facility where Luna lives was run under the Hospital Act, an internal investigation wasn’t mandatory. By comparison, an assault in a long-term care facility operated under the Community Care and Assisted Living Act would have triggered a mandatory investigation by Northern Health’s licensing department. We were concerned by this relative lack of oversight for Hospital Act facilities.
In our 2012 report, The Best of Care, we highlighted the issue of having two different laws for long-term care. The two different laws result in inequities in care, oversight and costs to residents. The lack of adequate oversight for Hospital Act facilities is concerning, and this case shows why.
How we helped: Following our investigation, Northern Health immediately reported the sexual assault to the Minister of Health. It apologized to Sherri and Luna for failing to tell them it didn’t move the man to a different facility and clearly explained why the decision was made. Northern Health also acknowledged the critical importance of ensuring Luna’s safety and security in long-term care.
To address inequities under the two laws, Northern Health agreed to change its policies to increase accountability and oversight in long-term care facilities operated under the Hospital Act. Those changes are expected to be implemented in 2025. The policy change will give residents in Hospital Act facilities protections similar to those in facilities run under the Community Care and Assisted Living Act.
Northern Health also agreed to amend its existing policies to address several deficiencies and to provide training for all staff on the revised Hospital Act procedures for cases of suspected sexual assault. Our office will be monitoring Northern Health’s ongoing implementation of these actions.
Why it matters: A lack of administrative oversight can have serious implications for people’s safety. Amending existing policies and providing training for staff can ensure that Luna, and others in similar situations, receive safe and effective care.