HIQA case against Laois nursing home to last four days

THE Heath Information and Quality Authority (HIQA) application to cancel or vary the registration of a nursing home in Laois resumed at Portlaoise District court today, Friday 17 October.

In its application, which was brought under Section 59 of the Health Act 2007 last month, Alison Fynes SC for HIQA said it had “reasonable grounds of risks to life or serious risk to the health and welfare of residents” at Droimnín Nursing Home, just outside Stradbally.

At that hearing, defending barrister Ronan Kennedy SC asked for time to take instructions from the nursing home owners and to prepare their case which, if proven, would have “very significant consequences, not only for the registered provider but also for the 49 residents who treat it as their home”.

The court was told that it was only the fourth time HIQA had made such an urgent application in relation to a nursing home since 2016 and it was “not an application that is brought lightly”.

The court heard that a HIQA inspection of the Droimnín Nursing Home on 7 and 8 September raised concerns as to the delivery of care to “three specific residents, one of whom is now sadly deceased”.

At the second hearing of the case, Ms Fynes said that HIQA was asking the court to fix a hearing date as soon as possible.

Judge Andrew Cody asked if there was any possibility of both sides meeting to mediate on the issues. Ms Fynes said that HIQA was proposing a meeting rather than mediation.

Judge Cody adjourned the case to today for mention, to determine whether any progress had been made between the two parties after their meeting, adding: “Instead of trying to contradict one another, I’d ask that you try to work together and engage constructively with each other. That’d be more important than shouting at each other.” 

 When the case resumed today, Mr Kennedy said the care home owners are in a position to proceed to a four-day full hearing of the case.

He said: “Since the last date (in court), my client has engaged constructively with HIQA. We’re still amenable to negotiation and the constructive engagement will continue. 

"I understand the Chief Inspector is of the view the risk is continuing and that is regrettable, which is acknowledged by my client who is committed to take whatever steps are possible to address the Chief Inspector’s concerns to safeguard the residents in the home.” 

Judge Cody said: “If it’s going for hearing, it’s going for hearing. The most important thing on my mind today is those residents that are there today. It’s a pity it hadn’t been able to resolve the issues.” 

Ms Fynes said that, following five inspections of Droimnín Nursing Home since the matter was referred to the court, “there continues, and it is the view of my client (HIQA), that matters are deteriorating”.

She said that both parties had not been in a position to agree the exchange of affidavits.

Mr Kennedy said that he would have no objection to receiving HIQA’s affidavits within the next few days, to allow him time to engage with the issues and to start preparing replying affidavits.

He said the care home owners “wish to emphasise that we’re proposing to engage as constructively as we can, in respect to both the hearing and the matters on the ground. All conceivable steps have been taken to address the concerns and safeguard the residents and to address their needs”.

Judge Cody said it is up to HIQA to furnish the owners the affidavits, “after further inspections and perhaps further concerns”. He said that any affidavits from HIQA should be furnished to the respondent before 28 October. Any replying affidavits should be furnished before 4 November and a full set of pleadings should be furnished by HIQA to Judge Catherine Ryan by 6 November, for the case to start in Tullamore District Court on 11 November.

Ms Fynes said that, at the last hearing, the care home had given an undertaking that new residents would not be admitted and asked was that still the case. Judge Cody said it was.

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