Woman left in ‘unacceptable’ state due to home care support gaps, court told

A woman with multiple disabilities has initiated a High Court action against the Health Service Executive and the State over gaps in her homecare supports which mean she is left in an “unacceptable” state on some nights.

The court heard on Friday that the woman, who has multiple health and mobility issues, lives at home and urgently wants her care regime of thrice-daily visits to continue.

The High Court application for various declarations is brought in circumstances where her support visits are reduced every alternate weekend due to staff shortages. The woman also seeks an injunction directing the HSE to take all necessary steps to ensure appropriate hours of personal care are provided.

Counsel for the woman, Clíona Kimber SC instructed by the Legal Aid Board, said her client has accepted “under protest” to adjourn the proceedings for a short period so the HSE can file a replying affidavit. She noted a temporary solution has been found for the care gap this weekend.

However, Ms Kimber said this solution offers just two visits per day which will mean the woman will be left in bed for 12-hour overnight periods in an “unacceptable” state. It is anticipated the next care deficiency will arise the weekend of Christmas, she told the court.

Patricia Hill, for the HSE, said the cover found for this weekend is also available for Christmas, but she noted this is not acceptable to the woman. The case is also taken against the Minister for Health, Ireland and The Attorney General.

In an affidavit, the woman said she has been forced to litigate her issues due to the “prolonged and systemic dereliction” of the defendants’ duty to her. She said she is currently being denied the ability to live in a “meaningful and dignified manner”.

The woman said she had previously lived for many years in a residential service, but she relished the idea of independent living provided her needs would be adequately cared for. She claimed she was persuaded, as part of HSE national policy adopted in 2011, to move to independent living in 2015 on the condition she would receive the same package of services.

At the residential service she could live as “full and active a life” as possible, participating in the community, visiting her family in a different county and obtaining multiple third-level qualifications, she said. The woman said it was to her “severe detriment” that she relied on representation that her supports would continue. She claims the supports she receives now are “unsuitable” and “detrimental”, with the reduction in physiotherapy causing her serious physical issues.

The woman seeks declarations from the court, including that the failure to provide enough hours of care and assistance to allow her to participate adequately in her community and live independently amounts to a breach of her rights.

She also seeks an order directing the defendants to provide her with the standard of care necessary to discharge their legal obligations and damages, including aggravated damages, for breach of duties and damages for misrepresentations.

Having previously granted an order for short service for the case to be heard on Friday, Mr Justice Senan Allen said he is still persuaded the application is urgent. He said there are “obvious legal issues” as to the extent the court can intervene in what is a very difficult situation. He said there is a “serious procedural problem” that needs to be addressed if it can. The case was adjourned to December 21st.