Elderly nursing unit residents bring case against HSE

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.

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.

Today 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 claim the have been left devastated after the HSE decided earlier this month to shut down the unit for financial reasons.

They claim that the closure of the facility, which has been their home for several years, was done without consultation, and has caused them and the local community irreparable loss, hurt and damage.

In correspondence put before 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 commence a process of consultation in regard to 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 currently has 29 patients, and respite care facilities for eight people.

John Peart SC for the three residents said before a patient could move into the unit each of the residents entered into a contract with the HSE. That contract, counsel said, provided for their full-time care, as well as medical and social supports, at the facility.

An essential part of that contract, counsel added, 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.

Leave to bring judicial review proceedings was granted, following an ex-parte (one side only) application, by Mr Justice Paul Butler yesterday.

Mr Justice Butler further granted the applicants short service to seek a 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.