Rostrevor seeks to keep residents on site
Gavin Ralston SC, counsel for Rostrevor House Nursing Home, yesterday told the Circuit Civil Court that the District Court, which directed the closure last Friday, had overstepped its powers in doing so.
Circuit Court President Mr Justice Matthew Deery said he would list the appeal before his court today but pointed out that there may be objections and the case may not be heard immediately.
Mr Ralston said the home at Orwell Road, Rathgar, Dublin, had been closed on foot of an ex parte (in absence of the other party) application by the HSE to the District Court at 5pm last Friday.
He said the home owners had been given no opportunity to oppose the application.
“The matter is urgent as the home owners now face the transfer of their residents away from Rostrevor House all over the place,” Mr Ralston said.
“As far as I am aware the residents don’t wish to be moved and clearly an ex parte application has to await a final order before such action may be taken,” he said.
Mr Ralston said the home owners did not seek to disturb that part of the court order which allowed the Health Information and Quality Authority (HIQA) and the HSE to run the home.
“My clients refute absolutely the allegations that have been made and, at this stage, we are merely seeking to stop residents being sent away from the Rostrevor House home to other homes,” he said.
Mr Ralston said the home owners had never had an opportunity to put their views before any court and he was asking the president, Judge Deery, to put the appeal of the District Court decision in for hearing today. He told Judge Deery the appeal was being sought on the basis that the District Court had exceeded its mandate and had gone further than it should have done as permitted under the Health Act.
Judge Deery said he would list the appeal before the Circuit Court at 10am this morning and directed that the HSE and HIQA be notified of the hearing by telephone.
The home was the subject of a HSE court challenge to shut it down seven years ago and on Friday, serious concerns were raised in the District Court about residents’ safety.
The court granted an interim order cancelling the registration of Rostrevor House which effectively closes it down.
