HIQA applies to court to remove nursing home’s registration
Droimnin Nursing Home in Stradbally
THE Heath Information and Quality Authority (HIQA) brought an application before Judge Susan Fay at Portlaoise District Court yesterday Monday 15 September to cancel or vary the registration of a nursing home in Laois.
In its application, which was brought under Section 59 of the Health Act 2007, Alison Fynes SC for HIQA said it was bringing the application at short notice due to the Chief Inspector’s “reasonable grounds of risks to life or serious risk to the health and welfare of residents” at Droimnin Nursing Home in Stradbally.
The court heard that HIQA served papers on the owners of the nursing home at 7pm on Friday 12 September and that the reason why it was before the court so soon after that was that HIQA was asking the court to fix a timeline for the exchange of affidavits and “to fix a very urgent hearing date in the circumstances.”
Defending Mr 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 also heard that a separate appeal by the nursing home is listed for mention at Friday’s sitting (19 September) of Portlaoise District Court, with the defence asking that the application before the court, be adjourned to that date.
Ms Fynes said the urgency in making its application was due to the “seriousness and level of risk,” and asked the case to be heard today (Tuesday 16 September).
The court was also told that it was the fourth time in which HIQA has made such an urgent application in relation to a nursing home since 2016, “and not an application that is brought lightly.”
The court heard that a recent HIQA inspection of the Droimnin Nursing Home on 7 and 8 September raised concerns to the delivery of care to “three specific residents, one of who, is now sadly deceased.”
Mr Kennedy said that following the recent inspection of the premises the registered provider “had not been advised by HIQA that there was a serious risk to life or health, nor of the intent to move this application. There was no engagement by HIQA, saying it was very concerned about residents in the nursing home or of the intent to move the application. There was no request to meet members of the board last week. The first the registered provider learned that these matters that have allegedly risen from the inspection was after 7pm on Friday evening. It makes no sense that a state agency would be diverting resources to deal with two court matters on two separate days.”
Mr Kennedy also said that when the issues HIQA had raised were brought to the attention of the nursing home owners over the weekend, they “prepared an enhanced governance and management plan that was furnished to HIQA last night (Sunday 14 September). A considerable body of work was done over the weekend with the view to alleviating its concerns and risks. They are very significant measures.”
Noting that the application was urgent Judge Fay went on to adjourn the case to Friday’s sitting of Portlaoise District Court for mention before Judge Andrew Cody.
