State's refusal to hold inquiry into Covid-19 deaths in nursing homes challenged

Some of the applicants have experienced what they claim are a range of failures within nursing homes during the coronavirus pandemic
State's refusal to hold inquiry into Covid-19 deaths in nursing homes challenged

Most of the 19 applicants had a relative who is recorded as having died from Covid-19 while in a care home in Ireland. File photo: Pexels

A High Court challenge has been launched over the State’s refusal to hold a public investigation into Covid-19 related deaths in care homes.

The action has been brought on behalf of 19 individuals from all over Ireland who are challenging a decision by the Minister for Health on June 28 last not to establish a formal investigation into the circumstances of Covid-19 deaths in care homes in the State.

Most of the applicants had a relative who is recorded as having died from Covid-19 while in a care home in Ireland.

Some of the applicants have experienced what they claim are a range of failures within nursing homes during the pandemic, which they say should be included in the inquiry.

The court heard the applicants sought the investigation because of their deep concerns about the deaths of relatives and the preparedness and response of the care homes.

They also claim that a public investigation into their deaths is required under both the Irish Constitution and the European Convention of Human Rights.

Such an investigation, they claim, would establish the facts, allow learning from events, provide accountability, help rebuild confidence in the sector and prevent a re-occurrence.

They claim the refusal by the State, formally indicated to the applicants' solicitors last month, to hold such an inquiry is contrary to the public interest, is unfair, unreasonable and disproportionate.

Represented by Ronan Lavery SC, the applicants have brought judicial review proceedings against An Taoiseach, the Minister for Health, Minister for Finance, Ireland and the Attorney General.

What the applicants seek

They seek an order quashing last June's decision not to hold an investigation into Covid-19 deaths in the State, and damages.

They also seek a declaration that Articles of the Irish Constitution and the European Convention on Human Rights mean an investigation into the circumstances of Covid-19 deaths in the State's care homes should be held.

They further seek declarations that the refusal to conduct such a probe is unlawful, unconstitutional and in breach of the applicants' rights.

The matter was briefly mentioned, on an ex-parte basis, before Mr Justice Charles Meenan on Monday.

The judge noted that no medical evidence supporting some of the applicants' claims that residents had been badly or not properly treated at the homes, had been given to the court.

The judge said that given the issues raised he wanted time to consider the documents in the application and adjourned the matter to later this week.

More in this section

IE_180_logo
Price info

Subscribe to unlock unlimited digital access.
Cancel anytime.

Terms and conditions apply

IE_logo_newsletters

Select your favourite newsletters and get the best of Irish Examiner delivered to your inbox

LOTTO RESULTS

Wednesday, September 15, 2021

  • 1
  • 2
  • 9
  • 13
  • 21
  • 34
  • 47

Full Lotto draw results »