Residents take action to save nursing unit

A GROUP of elderly residents at a community nursing unit in the Midlands have brought a legal challenge aimed at preventing the HSE from closing the facility for financial reasons.

Yesterday at the High Court, lawyers acting for Maureen Delaney, aged 89, Bridget O’Neill, aged 92, and Catherine Kelly, aged 93, who have been cared for at the Abbeyleix Community Nursing Unit in Co Laois, claimed they have been left devastated after the HSE decided earlier this month to shut down the unit, which has been their home for several years.

In correspondence before the court, the HSE said the unit was being closed on a phased basis due to reduced financial allocation, difficulties in meeting HIQA standards, its ability to deliver a safe service in light of reducing staff numbers and due to the public service moratorium.

The HSE is to begin a consultation process regarding the provision of alternative accommodation for the residents.

In their action against the HSE and the Minister for Health, the residents are seeking orders from the High Court rescinding the decision to close the unit, which has 29 residents and respite care facilities for eight people.

Yesterday at the High Court, John Peart SC, for the three residents, said that before a person could move into the unit they entered into a contract with the HSE. An essential part of that contract, he said, was that the residents would not be moved unless there was a specific clinical reason for doing so and with full consultation with the resident’s family and representatives.

By deciding to close the unit, Mr Peart said the HSE “failed to consider the legitimate expectations of the patients” who wish to stay there, and has broken the spirit of the contracts between the parties.

He said HIQA inspection reports in February 2010 stated that the residents had a good quality of life and their dignity and privacy had been respected at all times, and their healthcare needs are being met.

In affidavits, all three applicants said the HSE “unilateral decision” to shut the unit has caused great upset to them and all the residents in Abbeyleix.

Dr John Madden, a GP who is one of two medical officers there, said the decision could have a severe and irreversible effect on their physical and mental wellbeing in the future.

Leave to bring judicial review proceedings was granted by Mr Justice Paul Butler following an ex-parte application yesterday.

Mr Justice Butler further granted the applicants short service to seek an injunction restraining the HSE and the minister from closing the unit until the substantive hearing of the action.

That will come before the High Court early next week. The judge also made the main judicial review proceedings returnable to a date in early December.