Ex-health board chief challenges Leas Cross report

A RETIRED health board official was yesterday granted leave by the High Court to bring a legal challenge to aspects of the HSE report into Leas Cross nursing home.

The proceedings were brought by Michael Walsh with an address at Garristown, Co Dublin, a former chief officer of the Northern Area Health Board.

Mr Justice Liam McKechnie yesterday granted Mr Walsh leave to bring his judicial review proceedings.

Mr Walsh is seeking a declaration that the process of reporting adopted and employed by the HSE and the fact that the report was published on November 10, 2006, without taking account of his written submissions breached his right to natural and constitutional justice.

The report, prepared by Professor Des O’Neill followed his investigation into the deaths of residents and former residents of Leas Cross Nursing Home, Swords, Co Dublin and came in the wake of a Prime Time programme that raised serious concerns about treatment of patients at the nursing home.

In his affidavit, Mr Walsh said — in his capacity as chief officer — he had engaged Professor O’Neill to carry out an investigation into matters concerning Leas Cross.

Prior to his retirement in October 5, 2005, Mr Walsh said he was involved in providing background support to Professor O’Neill in organising access to files relating to Leas Cross and providing office accommodation there.

Mr Walsh said that in February 2006 he was asked by the HSE to give observations as a consultant on the matters, and these were submitted in April 2006.

He said in July 2006 he was forwarded a final draft report prepared by Professor O’Neill.

He said it was clear to him that Professor O’Neill had moved beyond the terms of reference and he outlined his perception of what he termed “system failures”.

Mr Walsh said his concerns about the validity of the report’s preparation were undiminished by the fact that he fully accepted Prof O’Neill’s finding that the standard of care at Leas Cross fell short of expectations and best practice.

Mr Walsh said he submitted a detailed written response to the final draft and had proceeded on the basis that the final publication would include matters in his written response.