Couple plead guilty over missing care patient

A COUPLE who own a Co Wicklow nursing home from which an elderly woman went missing almost two years ago have pleaded guilty to not maintaining proper care of their patients arising out of the incident.

Bray District Court heard yesterday that Maura Reynolds, 78, disappeared from Tara Care Centre on Putland Road, Bray, Co Wicklow, on Christmas night in 2005. Despite an extensive search lasting several days she remains missing and is presumed dead.

The owners of the nursing home, Paul and Anne Costello, admitted a breach of the Nursing Homes (Care and Welfare) Regulations 1993, which obliges them to provide “suitable and sufficient care to maintain a patient’s welfare and wellbeing”.

Under the Health (Nursing Homes) Act 1990, the couple could face a maximum fine of €1,270 and/or a three-month jail sentence.

The court heard that Ms Reynolds, who suffered from Alzheimer’s disease and cancer of the spine, had been a resident of the nursing home since April 2004. The patient (who was not named during the hearing) was also prone to wandering.

Ms Reynolds had spent Christmas Day 2005 with her family before returning at about 8.30pm and being escorted to her bed at midnight. Staff did not notice her disappearance until 6.50am on December 26, despite procedures that all patients were checked every two hours at a minimum.

Counsel for the Health Service Executive Conor Dignam said the failure to carry out such checks, combined with the failure to attach cot sides to Ms Reynolds’ bed to prevent her getting out of bed, and her ability to open the door of the nursing home, were the basis of the prosecution’s case against the Costellos.

In evidence, Anne Costello, the home’s director of nursing, said she was “very surprised and amazed” the nurse and two care assistants on duty on the night had not carried out their normal checks on patients.

Staff explained they had not checked on Ms Reynolds because they did not want to disturb her as she was a light sleeper and she had been out the previous day and was tired.

Ms Costello said she also believed one of the two doors to the home must not have been secured after other residents had returned on the night of December 25.

She issued a written warning to all three staff members in question after Ms Reynolds went missing. The court was informed all had subsequently left the nursing home.

Ms Costello fought back tears as she acknowledged how the incident had been extremely stressful for the patient’s family.

“The residents and their families have been very supportive and have given us confidence to carry on at a difficult time,” she said.

She also praised the HSE for helping to fund the appointment of a second night nurse for the home.

Since the disappearance the nursing home has installed additional cameras, new electronic door alarms, and improved security to prevent any other patients leaving the building, said Ms Costello. Electronic bracelets were also supplied to some patients who were at a risk of wandering.

Bray doctor Ray Hawkins who had specifically asked for his own late mother to be placed as resident at the nursing home, told the court the Costellos were very committed to improving the physical decor and nursing care at the Tara Care Centre when they took it over in 1996.

Another local GP, John McManus — the husband of Labour TD Liz McManus — said he would rate the Tara Care Centre among the top two or three nursing homes in Bray.

Counsel for the Costellos, Paul Anthony McDermott, asked the court to consider applying the Probation Act especially as a conviction could impact on Mr Costello’s ability to pursue educational courses abroad.

Judge John O’Neill adjourned sentencing until January 7.