LCQ5: Security and complaint mechanism of Hospital Authority
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     Following is a question by the Dr Hon Helena Wong and a reply by the Acting Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (February 20):

Question:
 
     I have recently received a complaint from a nurse who said that two years ago, there was an incident of a mentally-ill male patient in a strait jacket being sexually assaulted by another male patient in a ward of the public hospital in which the nurse worked, and that after receiving the report on the incident by the nurse, the management of the hospital neither alerted its supervisor nor reported the case to the Police, but found fault with the nurse's work in the past year.  Recently, it has been reported in the press that there was another incident of a mentally-ill patient being sexually assaulted in that hospital.  In this connection, will the Government inform this Council if it knows:

(a)  the number of incidents of patients being sexually assaulted which occurred in the general wards and psychiatric wards of each public hospital in each of the past five years (set out in table form); whether public hospitals have guidelines and mechanism for handling incidents of patients being sexually assaulted; if they have, of the contents; if not, the reasons for that;

(b)  whether the Hospital Authority (HA) has reviewed the management, operation, monitoring facilities and staffing arrangements of the wards of public hospitals, so as to prevent the recurrence of sexual assault incidents within hospitals as well as to protect the rights and dignity of patients; if it has, of the details; if not, the reasons for that; and

(c)  HA's procedures for handling complaints lodged by hospital staff about hospital matters and whether such complaints are merely referred back to the staff's serving hospitals eventually for handling by themselves; if so, of the reasons for that; and whether there is any mechanism to ensure that hospitals will not find fault with the staff who have lodged complaints; if there is such a mechanism, of the details; if not, the reasons for that?
 
Reply:

President,

     The Hospital Authority (HA) attaches great importance to patients' safety and dignity.  For all conducts or complaints which may compromise a patient's safety and dignity, HA will deal with them seriously according to the established procedures.

     My reply to the three parts of the question is as follows:  

(a)  Sexual assault is a serious matter involving criminality.  HA has all along been handling such incidents seriously.  When there are cases involving sexual assault, HA will report them to the Police and provide assistance and support to the affected patients and their family members.

     Since 2007, HA has launched the Advanced Incident Reporting System, under which sexual assault is categorised as one of the reportable incidents.  Apart from reporting to his/her immediate supervisor, the staff member concerned is required to report the incident through the System to the HA management and HA Head Office so that they are made aware of the incident as soon as possible, and where necessary, can take appropriate action to safeguard the interests of the patient.

     Moreover, HA has established the Central Committee on Hospital Security to review various aspects of the security issues of hospitals, including potential security problems associated with sexual assault cases.  Members of the Committee include representatives from the Quality and Safety Division, Business Support and Development Division, Nursing Services Division and Corporate Services Division of the HA's Head Office, as well as the seven Hospital Clusters.  The Committee seeks to formulate service standards, policies and guidelines; monitor the security work of hospitals; and implement relevant improvement measures to ensure patients' safety and dignity.

     According to HA's record, between 2007-08 and 2011-12, there were 13 reported cases of patients being sexually assaulted in public hospitals, among which seven occurred in psychiatric wards and six in general wards.  These cases had been reported through the Advanced Incident Reporting System and the Central Committee on Hospital Security.  Out of these 13 cases, 12 had been reported to the Police.  The remaining one which occurred in psychiatric ward, according to record, involved a patient under the influence of mental conditions having physical contacts with another patient of the same sex in the same ward.  Healthcare personnel at that time took immediate action by offering appropriate clinical arrangement.  The patient contacted and the family members refused to report the case to the Police.

(b)  All wards of hospitals are attended by ward attendants 24 hours a day for taking care of patients.  HA has also put in place various safety measures including ward entrance control and surveillance system.  On the premise of protecting the privacy of patients, HA has installed convex mirrors and closed-circuit television in appropriate locations to enhance safety monitoring.

     Security staff will patrol the hospital and ward areas regularly so as to provide support to wards as and when necessary.  HA will review its security operation from time to time to prevent unlawful conducts.

(c)  The staff complaint and appeal mechanism and relevant handling procedures have been prescribed in the human resources policy of HA.  Upon receipt of a staff complaint, HA will, having regard to relevant mechanism and procedures and the nature of the complaint, refer the case involving matters of individual hospital or cluster to that hospital or cluster for investigation and reverting to the complainant on the result.

     If a complainant is not satisfied with the investigation results, he/she may lodge an appeal to the respective Cluster Chief Executive or Hospital Governing Committee.  Subject to the content and nature of the complaint, the Cluster Chief Executive or Hospital Governing Committee may set up an independence committee where necessary to investigate the appeal case and make a report and recommendations to ensure that the case is dealt with fairly.

     If the complainant is still not satisfied with the appeal results, he/she may further lodge an appeal to the Staff Appeals Committee under HA Board, which comprises non-executives appointed by HA Board, for a final decision.

     Apart from the above mechanism, HA Head Office will monitor the handling of complaints by hospitals.  Such monitoring measures include requiring all hospitals to report regularly the details, investigation progress and results of staff complaint cases.  The Head Office will also submit an annual report to the Human Resources Committee under the HA Board.

     It is clearly stated in HA's human resources policy that staff members will not be punished if they lodge a complaint in good faith and with reasonable grounds.  Complainants may make an appeal if they feel they have been unfairly treated and HA will handle it seriously in accordance with the relevant procedures.

Ends/Wednesday, February 20, 2013
Issued at HKT 16:47

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