Complaints procedure in Irish designated centres for older people
What Regulation 34 now requires of Irish care home providers: complaints and review officers, 30 and 20 working day timelines, records, training and the Ombudsman route.
This guide covers Ireland. For the UK equivalent, see our guide: CQC Regulation 16: Receiving and Acting on Complaints.
Every registered provider of a designated centre for older people in Ireland must run a complaints procedure that works in practice, not just one that sits in a folder. The rule is Regulation 34 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. 415 of 2013). Regulation 34 was replaced in full by S.I. 628 of 2022, which came into operation on 1 March 2023. This guide sets out what the current text requires, who must do what, how records and the annual review connect to it, and where the Ombudsman fits in. It is written for providers, persons in charge and the managers who support them, including teams in Dublin.
Which rules apply
The framework has three layers. The Health Act 2007 and the 2013 Regulations are the law. HIQA's National Standards for Residential Care Settings for Older People in Ireland, which HIQA's own page says came into effect on 1 July 2016, are the benchmark inspectors use alongside the Regulations. If you want the background on HIQA's role first, read what HIQA is and what it does.
The Department of Health's amending instrument (S.I. 628 of 2022) also added new definitions, amended the complaints record in Schedule 4, item 6, and amended the complaints policy entry in Schedule 5, item 20. A press release on gov.ie describes the aim as strengthening access to independent advocacy and standardising complaints processes in private nursing homes. Older guidance that refers to a single "nominated person" for complaints reflects the earlier text of Regulation 34 and should not be relied on.
Who counts as a complainant
The amended Regulations define a "complainant" widely. It is:
- a resident;
- a spouse, civil partner, cohabitant, close relative or carer of the resident;
- a person who, by law or by appointment of a court, has the care of the resident's affairs;
- a legal representative of the resident; or
- any other person, with the consent of the resident.
Our suggestion: make your procedure open to all of these people, not only to residents who can write a letter.
What Regulation 34(1) requires of the provider
The registered provider must provide "an accessible and effective procedure for dealing with complaints, which includes a review process". The provider must also:
- make each resident aware of the complaints procedure as soon as is practicable after admission; and
- display a copy of the procedure in a prominent position in the centre and, where the provider has a website, on that website.
The Regulations do not set a format or template, and they do not set a deadline for acknowledging a complaint. The procedure must, however, cover everything in Regulation 34(2).
The complaints officer, the review officer and the timelines
Regulation 34(2) says the procedure must provide for the following.
| Stage | What the Regulations require |
|---|---|
| Investigation | A nominated complaints officer investigates. Complaints are investigated and concluded as soon as possible and in any case no later than 30 working days after the complaint is received. |
| Written response | A written response tells the complainant whether the complaint has been upheld, the reasons, any improvements recommended and details of the review process. |
| Review | A nominated review officer reviews the decision at the complainant's request. The review is concluded as soon as possible and no later than 20 working days after the request for review is received. |
| Review outcome | A written response tells the complainant the outcome of the review. |
| Delays | If either timeline cannot be met, the complainant must be told in writing when they will receive a response and the reason for the delay. |
Regulation 34(2)(h) says the nominated complaints officer and review officer "should not be involved in the subject matter of the complaint" and, as far as practicable, should not be involved in the direct care of the resident. The Regulations do not name a job title for either role.
Regulation 34(3) then requires the provider to take such steps as are reasonable to give effect, as soon as possible and to the greatest extent practicable, to any improvements recommended by a complaints officer or review officer.
Support for complainants and protection from adverse effects
Under Regulation 34(4), the provider must ensure that a resident has access to records and information about the complaint, subject to the law. The provider must also ensure that a resident is not adversely affected because a complaint was made, whether by that resident or by any other person.
Regulation 34(5) requires the provider to offer or arrange the practical assistance a complainant needs to understand the complaints process, make a complaint, request a review, or refer the matter to an external complaints process, such as the Ombudsman. The provider may also, where appropriate and with the person's agreement, help them identify another person or an independent advocacy service who could assist. The Regulations define an independent advocacy service as advocacy support provided by an organisation that is free from conflict of interest and independent of family and service providers.
Training and staff awareness
Regulation 34(7) has two parts. Complaints officers and review officers must receive suitable training to deal with complaints in line with your procedure. All staff must be aware of the procedure, including how to identify a complaint. The Regulations do not specify a course, a duration or a refresher interval. Our suggestion: keep a written training record showing who was trained, on what, and when.
Records: what to keep and for how long
Regulation 34(6)(a) requires that all complaints received, the outcomes of investigations, actions taken, any reviews requested and the outcomes of reviews are fully and properly recorded. These records must be in addition to, and distinct from, the resident's individual care plan.
Schedule 4, item 6, as amended, refers to a record of all complaints by a complainant, including any reviews, or complaints by persons working in the centre about its operation, and the action taken by the registered provider. Under Regulation 21, records in Schedule 4, item 6 must be kept for not less than 4 years from the date they were made, and must be kept safe and accessible. Check the current consolidated text before you set a retention schedule.
The policy side is in Schedule 5, item 20: written policies on the handling, investigation and review of complaints about any aspects of service, care and treatment. Regulation 4 requires written policies to be prepared, adopted and implemented, and reviewed at intervals not exceeding 3 years, or as often as the Chief Inspector requires.
Complaints and the annual review
Regulation 34(6)(b) requires the centre's annual review to include a general report on the level of engagement of independent advocacy services with residents and on complaints received, including reviews conducted. Regulation 23 (Governance and management), as substituted by S.I. 98 of 2025 with effect from 31 March 2025, requires an annual review of the quality and safety of care, prepared in consultation with residents and their families, with a copy made available to residents and, if requested, to the Chief Inspector.
What inspectors look at
HIQA's Assessment-judgment framework for designated centres for older people (version 4.1, May 2025) links Regulation 34 to Standard 1.7 of the National Standards: "Each resident's complaints and concerns are listened to and acted upon in a timely, supportive and effective manner." It gives no separate judgment criteria for this regulation. Its lines of enquiry cover the points above: a displayed procedure with a review process, nominated officers, the 30 and 20 working day timelines, practical help and advocacy, records kept apart from the care plan, and officer training and staff awareness. For a wider preparation routine, see our HIQA inspection readiness checklist for Irish care homes.
HIQA, the Ombudsman and complaints that go outside the centre
HIQA says on its website that it does not have the legal power to investigate individual complaints, but that it reviews all concerns it receives against the Regulations and Standards, and usually suggests raising a concern with the service first. Citizens Information (page last edited 25 August 2025) says the same.
The Ombudsman is the external route named in Regulation 34(5). Citizens Information says the Ombudsman investigates complaints about public and private residential care. The Ombudsman's own leaflet and factsheet on private nursing homes describe the remit as private nursing homes in receipt of public funding, such as under the Nursing Home Support Scheme. The factsheet adds that only actions on or after 24 August 2015 can be examined. They say the Ombudsman can normally deal with a complaint only after the home's own procedure has been used, and that people should complain within 12 months of the action or decision. Because the descriptions differ, check the Ombudsman's current guidance for your type of centre rather than assuming either.
A practical approach
These are our suggestions, not legal requirements.
- Log everything in one place. Record the date received, who raised it, the officer, due dates for the 30 and 20 working day limits, the outcome and any improvement action.
- Write down why the officers were chosen. A short note showing they were not involved in the matter or the resident's care helps if you are asked.
- Diarise delay letters. Set a reminder a few days before each deadline so a delay letter can go out in time.
- Connect complaints to learning. Review the log at management meetings and feed themes into the annual review.
- Link complaints to open communication. Where a complaint follows an incident, see our guide to open disclosure training.
Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.
Frequently asked questions
How long does a care home have to investigate a complaint?
Regulation 34(2)(b) says complaints must be investigated and concluded as soon as possible and in any case no later than 30 working days after the complaint is received. If that cannot be met, the complainant must be told in writing when to expect a response and why there is a delay.
Who can make a complaint?
A resident, a spouse, civil partner, cohabitant, close relative or carer, a person with legal care of the resident's affairs, a legal representative, or any other person with the resident's consent.
Can the complaints officer also be the person in charge?
Regulation 34(2)(h) says the complaints officer and review officer should not be involved in the subject matter of the complaint and, as far as practicable, should not be involved in the resident's direct care. The Regulations do not name a job title.
Does HIQA investigate individual complaints?
No. HIQA states it does not have the legal power to investigate individual complaints, but it reviews concerns it receives and may use them when assessing a service.
What can a complainant do if they are unhappy with the review?
Regulation 34(5) requires the provider to give practical help to refer the matter to an external complaints process, such as the Ombudsman. Check the Ombudsman's current guidance on time limits and remit.
A clear procedure, trained officers and a tidy record are the three things to check first.
This page was last updated:
Learnsignal Healthcare Education Team
The Learnsignal Healthcare Education Team creates CPD and compliance training content for nurses, allied health professionals, and care providers, drawing on current regulatory guidance from bodies including NMBI and equivalent professional regulators.
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