Residents' Rights, Dignity, Consent and Visitors in Irish Designated Centres

This guide covers Ireland. For the UK equivalent, see our guide: CQC Regulation 10: Dignity and Respect in Care Homes — What Providers Must Do.

In an Irish designated centre for older people, residents' rights are set out in law and in HIQA's National Standards. The Regulations deal with rights, communication, visits and personal possessions. The Standards cover dignity, privacy, choice, information and consent. This guide explains what each source says and what HIQA inspections and staff training mean for the way your team works day to day.

It is written for registered providers, persons in charge, and the HR and finance managers who support them, including Dublin-based providers. The law is the same across the country. We cover resident-facing duties only. Staff health and safety is outside the scope of this guide.

Which rules apply

Three sources matter here.

• The Regulations. These are the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. 415 of 2013), as amended. Two amending instruments matter for this topic. S.I. 628 of 2022 came into operation on 1 March 2023. Among other changes, it replaced the earlier advocacy provision in Regulation 9(3)(f) with a new Regulation 9(5) on access to independent advocacy services. S.I. 98 of 2025 was made on 27 March 2025 and took effect on 31 March 2025. It replaced the visits regulation and revoked the earlier S.I. 1 of 2025, according to the Irish Statute Book.
• The National Standards. HIQA's National Standards for Residential Care Settings for Older People in Ireland took effect on 1 July 2016. Theme 1 covers person-centred care and support.
• The Assisted Decision-Making (Capacity) Act 2015. This is the wider legal framework for capacity and consent.

If you want background on the regulator itself, see our explainer on what HIQA is and does.

Regulation 9: residents' rights

Regulation 9 is the main rights provision. Read on the Irish Statute Book, it requires the registered provider to carry on the centre with regard to each resident's sex, religious persuasion, racial origin, cultural and linguistic background and ability. In broad terms, it also says that the registered provider must provide residents with facilities for occupation and recreation, and opportunities to take part in activities in line with their interests and capacities. It further says that, in so far as is reasonably practical, the provider must ensure that a resident:

• may make choices, as long as this does not interfere with other residents' rights;
• may undertake personal activities in private;
• may be consulted about and take part in the organisation of the centre; and
• may exercise civil, political and religious rights.

Regulation 9 also requires the person in charge to make sure staff are aware of these matters for each resident. Regulation 9(5), inserted by the 2022 amendment, requires the registered provider to ensure that residents have access to independent advocacy services. The amending instrument defines an independent advocacy service as one that is free from conflict of interest and independent of family and service providers.

Under the 2025 amendment, Regulation 9(3)(c) says a resident is facilitated to communicate freely and, in particular, to have access to information about current affairs and local matters. It also covers radio, television, newspapers, the internet and other media, telephone facilities that may be accessed privately, and voluntary groups, community resources and events.

Dignity, privacy and choice in the Standards

The Standards address dignity and privacy directly, most clearly in Standard 1.2. According to HIQA's Standards document:

• Standard 1.1 says the rights and diversity of each resident are respected and safeguarded. The features listed include treating residents with dignity, respect and kindness, access to advocacy, respecting a resident's right to decline care (with the reasons discussed and recorded in the care plan), and support to practise or abstain from religion and to vote.
• Standard 1.2 says the privacy and dignity of each resident are respected. The features listed cover privacy for personal care, consultations, confidential discussions and visitors, locks on single rooms suited to each resident's capabilities, respect for personal possessions, and respect for how a resident prefers to be addressed.
• Standard 1.3 covers choice, including how residents structure their day and how an independently facilitated residents' representative group gives feedback.

A practical approach: for each of these features, ask what an inspector would see on the floor. Do staff knock before entering? Are personal care and confidential conversations held out of earshot of others? Do care plans record what a resident prefers to be called? These questions are our suggestion, not a legal test.

Consent and decision-making

Standard 1.6 says each resident, where appropriate, is facilitated to make informed decisions, has access to an advocate, and has their consent obtained in accordance with legislation and current evidence-based guidelines. The listed features include clear information in a format the resident understands, time to decide, and a presumption of capacity. They also state that supported decision-making comes first, and that any measure limiting choice should be proportionate, last the shortest time possible and be reviewed regularly.

The legislation behind this is the Assisted Decision-Making (Capacity) Act 2015. Citizens Information (page last edited 7 April 2026) says the Act came into effect on 26 April 2023, that a person is always presumed to have capacity, and that capacity is assessed for a specific decision at a specific time. It describes three decision-support arrangements: decision-making assistance agreements, co-decision-making agreements and decision-making representation orders.

The Standards and the Act, as described here, do not provide a template consent form, a fixed review interval or a list of decisions that need written consent; check the current text. Those choices are for your own policies. Our suggestion: write down who is the resident's chosen supporter or representative (if any), and check the care plan reflects it.

Where a resident's liberty is being limited, HIQA's guidance on restrictive practice (Version 1.1, May 2025) says providers should seek consent before any restrictive practice and explain the rationale and risks in an understandable format. It also says restraint should be the least restrictive option for the shortest period. Restrictive practice is outside the scope of this guide. If a concern might involve abuse rather than a care decision, see our guide to safeguarding vulnerable adults training.

Communication difficulties and information

Regulation 10, as amended in 2025, requires the registered provider to ensure that a resident with communication difficulties is facilitated to communicate freely, in accordance with the resident's needs and ability. As made in 2013, the Regulation also required the person in charge to record any specialist communication needs in the care plan and make staff aware of them. Check that part against the current text.

Standard 1.5 covers information. It says information should be given in a format suited to each resident, that assistive technology and communication supports should be provided with staff trained to use them, and that residents should receive a guide on admission. Regulation 20 sets out what that guide must contain. It includes a summary of services and facilities, terms and conditions, how to make a complaint (including external routes such as the Ombudsman), visiting arrangements, and information about independent advocacy services. Since the 2025 amendment it also covers how to access inspection reports.

Visitors: Regulation 11 after March 2025

This is the area where practice changed most recently. Regulation 11, as substituted by S.I. 98 of 2025, says:

• The registered provider must ensure the centre has a written visitor policy. It must cover normal visitor access, access during an outbreak of a communicable disease, epidemic or pandemic, and arrangements for residents to receive nominated support persons.
• The provider must make arrangements for a resident to receive visitors.
• The person in charge must ensure that, so far as reasonably practicable, visits are not restricted. The two grounds named are that, in the person in charge's opinion, the visit would pose a risk to the resident or another resident, or that the resident has asked for visits to be restricted.
• Suitable communal facilities must be available for receiving visitors and, where practicable, a suitable private area other than the resident's room.
• Where visits are restricted, the restriction must be for the shortest period possible, and the resident must be helped to maintain communication and links with family.
• During an outbreak, residents must be supported to receive visits from nominated support persons, subject to national infection prevention and control guidance.

The amended definition of "family" now includes a close friend and a carer of a resident, as well as people involved in promoting the resident's health and wellbeing. A written visitor policy is also added to the list of policies in Schedule 5. Citizens Information (page last edited 25 August 2025) confirms that since 31 March 2025 every nursing home must have a written visitor policy.

The Regulation as described above does not set visiting hours or a maximum number of visitors, and does not state that a reason for a restriction must be recorded; check the current text. Our suggestion: record the reason and the review date for any restriction anyway, because it supports your explanation to residents, families and inspectors.

Personal possessions

Regulation 12 says the person in charge must, so far as reasonably practical, ensure that a resident has access to and retains control over their personal property, possessions and finances. It also covers laundering of clothing and linen and adequate storage. Standard 1.2 supports this by saying a resident's possessions should be respected. If your finance team handles resident money or valuables, it is worth reviewing your procedures against this regulation.

What inspectors may look for: a practical checklist

The following is our suggestion, based on the provisions above. It is not a HIQA checklist.

• A current written visitor policy that matches Regulation 11, and staff who can explain it.
• Evidence that restrictions on visits are tied to a risk or a resident's request, and are short.
• A residents' guide that includes the items in Regulation 20(2).
• Care plans that record communication needs, preferences and any decisions to decline care.
• Information on independent advocacy services that residents can easily find.
• Staff induction and refreshers that cover dignity, privacy, consent and communication.

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

Does a nursing home have to have a written visitor policy?

Yes. Regulation 11, as substituted in 2025, requires the registered provider to ensure the centre has a written visitor policy. Citizens Information confirms this has applied since 31 March 2025.

Can a person in charge restrict visits?

The Regulation names two grounds. So far as reasonably practicable, visits must not be restricted unless the person in charge believes the visit would pose a risk to the resident or another resident, or the resident has requested a restriction. Any restriction must last the shortest period possible.

Do residents have a right to independent advocacy?

Yes. Regulation 9(5), inserted by the 2022 amendment, requires the registered provider to ensure residents have access to independent advocacy services. The residents' guide must also include information about them.

Is a resident presumed to have capacity?

Standard 1.6 says residents are presumed to have capacity, and Citizens Information says the same of the Assisted Decision-Making (Capacity) Act 2015. Capacity is judged for a specific decision at a specific time.

Where can residents complain if they are unhappy?

Citizens Information says concerns should first go to the service's management, and that the Office of the Ombudsman can examine complaints about residential care. It also says HIQA does not have the power to investigate individual complaints. The complaints regulation (Regulation 34, replaced by S.I. 628 of 2022) is outside the scope of this guide.

Respecting residents' rights is mainly about everyday practice backed by clear policies. Check your current policies against the 2025 amendments.