Commercial losses behind effort to keep home open, says judge

THERE was an element of commercial loss consideration behind the move by the Rostrevor Nursing Home to restrain the Health Service Executive (HSE) from dispersing its residents among other care units, a judge said yesterday.

Mr Justice Matthew Deery, in refusing to interfere with a District Court order effectively closing down the home, said it was now being run by the HSE which had been given interim powers to make decisions concerning the welfare of residents.

The Circuit Court President said that while certain residents may have developed an attachment with the Rostrevor establishment the HSE had, in any case, statutory powers under the Health Act to make administrative decisions including dispersal of patients.

Gavin Ralstan SC, counsel for Rostrevor House, submitted that the District Court had overstepped its powers in granting the HSE authority to transfer residents to other homes.

He asked the Circuit Court to overturn this aspect of the District Court’s temporary order, which it made when it cancelled the registration of the home last Friday.

Mr Ralston said the interim court order lasted for 28 days before a 14-day extension would be required and the home’s owners, Kiltelm Ltd., felt that none of the residents should be moved until final determination of the District Court application.

Barrister Eoin Mc Cullough SC, for the Health Information and Quality Authority (HIQA), which obtained the District Court close-down of the home last Friday, said the Circuit Court had no jurisdiction to deal with an appeal of a District Court interim order.

He said the Act gave the Circuit Court authority to hear appeals from the District Court on final determinations of that court.

If the home owners wished to question any aspect of the interim orders the proper procedure would have been to go to the District Court to argue its case.

Mr McCullough said there was no evidence before the court that any of the residents wished, as suggested by Rostrevor House, to remain there.

The only evidence before the court was contained in the affidavit of Dr Tracey Cooper, chief executive officer of HIQA, which had outlined alleged abuses of residents.

He said the affidavit raised serious concerns regarding the management and conditions in Rostrevor House, including serious allegations of elder abuse, both physical and verbal.

There was clear evidence of alarming practices, including an unacceptable level of falls.

Mr Mc Cullough said in 2004 and 2005 the home had been fined for breaches of welfare regulations and in December last the owner, Therese Lipsett, had been struck off the register of the Nursing Board yet appeared to still play a part in the management of the home.

Judge Deery said he was satisfied that decision making with regard to the running of the home was properly in the hands of the HSE and he ruled he had no jurisdiction to overturn an interim order of the District Court.

He awarded costs against the Rostrevor House owners.