Nursing home owners to challenge closure order

Owners of a Dublin nursing home closed over the weekend by court order are to ask a judge tomorrow to restrain the dispersal of residents “all over the place” while the initial closure is legally challenged.

Gavin Ralston, S.C., counsel for Rostrevor House Nursing Home today, told the Circuit Civil Court that the District Court, which directed the closure on Friday last, had overstepped its powers in doing so.

Circuit Court President, Mr Justice Matthew Deery, said he would list the appeal before his court tomorrow 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 or express a view on the matter.

“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 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 tomorrow.

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 tomorrow morning and directed that the HSE and the Health Information and Quality Authority be notified of the hearing by telephone.

The nursing home was the subject of a HSE court attempt to shut it down seven years ago and on Friday last serious concerns were raised in the District Court about residents’ safety.

The court granted an interim order cancelling the registration of Rostrevor House Nursing Home which effectively closes it down. It has since been run by HSE nursing staff.