THE DIRECTOR of Public Prosecutions has decided not to prosecute in the case of elder abuse allegations at Rostrevor House nursing home in Dublin.
This follows a Garda investigation into claims of serious physical and verbal abuse of five residents at the private nursing home in Rathgar over a period dating back to mid-2008.
The investigation began last June after the allegations emerged following an inspection by the Health Information and Quality Authority (Hiqa).
Gardaí interviewed the nursing home owners, staff, former residents and family members before sending a file to the DPP. Now it has emerged that the DPP recommended that no prosecution be taken.
However, Hiqa has not ruled out taking action in the case.
The nursing home closed last June following a court application by the health watchdog. The authority said it had been provided with details of a number of incidents of alleged abuse.
The allegations, against a male care assistant, were made by three staff during inspections of the facility. They included claims that the care assistant had banged the head of an elderly man off a door jamb. It was also alleged he had insisted on taking one elderly woman to the bathroom on his own, from where she could be heard screaming.
The authority also cited concerns about “an alarming history of falls, injuries and incidents” at the home.
The owners of the home consented to the cancellation of its registration but said they were doing so without any admission of wrongdoing. Sarah Lipsett, a director of the home, had always rejected the claims and said staff had never made the allegations to any nurse or manager at the home.
She had said doctors, nurses, other staff and family members had never seen or heard these incidents taking place.
She had claimed that colleagues had made the allegations against a male care assistant because he had reported them to the home for claiming pay for hours not worked.
Yesterday, Ms Lipsett welcomed the decision by the DPP and said she had just heard the news in recent days.
Expressing concern for the staff member about whom the claims were made, she said “It’s very sad.”
Ms Lipsett said the DPP’s decision was good news for the relatives of former patients who may have been concerned about the allegations.
A spokesman for Hiqa said the decision by the District Court last year to cancel the home’s registration brought one process to an end, but “the authority may consider any further action in relation to any other proceedings, up to and including prosecution, that it deems appropriate”.
Under the 2007 Health Act, the authority can bring prosecutions against nursing home operators for failing to discharge their duty of care to residents. If found guilty, the registered providers could, on summary conviction, face a fine of up to €5,000 or imprisonment for up to a year, or both. If convicted on indictment, the penalties could rise to a fine of up to €70,000 or imprisonment for a term not exceeding two years, or both.
Meanwhile, Hiqa said it was also considering its options in relation to Avondale nursing home in Kilkenny. It said it may consider any further action in relation to other proceedings, including prosecution, that it deemed appropriate.
Avondale nursing home was closed last July following serious concerns over the safety and health of residents on the part of the health watchdog. A Garda investigation was also launched, following allegations of reckless abandonment of residents and theft of money from clients.
Miriam Holmes, who ran the home with her daughter Hayley, left the State the day after the facility was shut down on foot of a court order.
It later emerged that the pair had moved to Australia and had been involved in running a nursing home in Melbourne.
