A private nursing home in Co Meath has taken a High Court challenge over a notice to cancel its registration which it claims will put it out of business. A stay applies on the cancellation notice pending the outcome of the case.
The action has been brought by Silvergrove Nursing Home Ltd in Clonee, a purpose built facility with 28 bedrooms.
Last October, the Chief Inspector of Social Services issued a written Notice of Cancellation cancelling the home’s registration as a designated place that can provide nursing home care.
In High Court proceedings, the nursing home claims that decision was based on grounds including the facility does not have “adequate understanding of its regulatory responsibilities under the Health Act 2017”.
The grounds and reasons relied upon to cancel the registration are identified under a legislative provision which does not exist, it claims. It says the notice of cancellation decision is grounded on section 52(1)(b) of the 2007 health act which does not exist and nor does the 2017 Health Act.
It also claims the cancellation is based on issues of non-compliance identified when the nursing home was inspected in February and again in June 2016.
Stay of cancellation
Both the Chief Inspector and Health Information and Quality Authority produced reports on the 2016 inspections. A report from February 2016, which was triggered by an allegation of elder abuse, identified issues of non-compliance with regulations governing nursing homes and identified what actions required to be taken.
A subsequent inspection in June 2016 found the failings that were identified in February had been satisfactorily addressed and the home was compliant in 16 of the 18 areas identified and substantially compliant in the remaining two outcome areas.
The home also claims the notice is flawed because the inspection reports, as well as one carried out in October 2018, were conducted by HIQA. It is claimed HIQA has no function in monitoring compliance with standards for nursing homes.
As a result of the notice, Silvergrove Nursing Home Ltd, trading as Silvergrove Nursing Home has brought judicial review proceedings against the Chief Inspector of Social Services and HIQA.
It seeks orders including one quashing the decision to cancel its registration of a designated centre. It claims the respondents failed to specify sufficiently the grounds and reasons for cancelling the registration and failed to comply with the principles of basic fairness of procedures, natural and constitutional justice.
Permission to bring the challenge was granted, on an ex parte basis, by Mr Justice Seamus Noonan on Monday. The judge also granted a stay on the cancellation decision and returned the matter to March.