Judge advises mediation between HIQA and nursing home owners
Droimnin Nursing Home, Stradbally
THE APPLICATION by the Heath Information and Quality Authority (HIQA) to cancel or vary the registration of Droimnin Nursing Home, just outside Stradbally resumed at Portlaoise District Court this morning Friday 19 September.
The application was first brought by Alison Fynes SC under Section 59 of the Health Act 2007 before Judge Susan Fay on Monday last, due to what HIQA said were “reasonable grounds of risks to life, or serious risk to the health and welfare of residents” at the nursing home.
Defending Ronan Kennedy SC said that should the application be acceded to it would have “very significant consequences not only for the registered provider, but also for the 49 residents, who treat it as their home.”
Mr Kennedy also said that when the issues HIQA had raised were brought to the attention of the owners of the nursing home, they “prepared an enhanced governance and management plan that was furnished to HIQA last night.”
Noting that the application was urgent Judge Fay went on to adjourn the case to today’s Friday 19 September sitting of Portlaoise District Court for mention before Judge Andrew Cody.
When the case resumed today Ms Fynes told Judge Cody that the Chief Inspector of HIQA had received the care home’s replying affidavit the previous day and was “now asking the court to fix a hearing date as soon as possible, due to the immediacy is the applicant’s submission.”
Judge Cody informed Ms Fynes: “We only have two courtrooms here and a District Court almost every day. The Circuit Court is starting soon and will be sitting four days a week. We don’t have adequate accommodation here. As it stands, 16 of our days (Portlaoise Court hearings), are in Tullamore.” He said that he had arranged for a courtroom and a judge to be available at Tullamore District Court from Tuesday 11 November to Friday 14 November to hear the case.
He told both parties that he is not going to hear the case, “but from my preliminary review and not having read the replying affidavit, is there any possibility of the nursing home coming to any agreement regarding the admission of residents, pending the hearing?”
Mr Kennedy said that his client was prepared to give an undertaking to the court, “that no residents will be admitted to the home in addition to those residents that are present at the moment until 11 November when the matters will be heard.”
Judge Cody said: “The second thing that strikes me is in terms of mediation between the parties. As of August, throughout all this, HIQA was allowing the nursing home to continue, subject to conditions, which weren’t agreed. There seems to be room for discussion or mediation in the interim.”
Mr Kennedy told Judge Cody: “As of yesterday (Thursday) evening we wrote to HIQA indicating that our clients would welcome engaging constructively with them to resolve any concerns in relation to the home. It is our point of view that is in the best interest of all those involved, not only to the two parties but more importantly of all, for the best interest of the residents, some of whom are in their 90s and have been resident in the home for a number of years.”
Judge Cody said: “Over 40 people regard this as their home, some for quite a long time.”
Ms Fynes said that the Chief Inspector of HIQA intends to respond to the care home’s correspondence, “and it will be proposed that a meeting be set-up, and in our correspondence, we will set out certain documentation and issues that we will require in advance of the meeting. We’re proposing a meeting rather than mediation.”
Judge Cody adjourned the case to 17 October for mention to determine whether any progress has taken place 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.”
