A DISTRICT Court judge has praised the Health Information and Quality Authority and its inspectors for their actions in relation to Rostrevor House nursing home in Dublin, which has been at the centre of allegations of abuse of elderly people.
Judge Victor Blake, in making a final order to cancel the home’s registration, which shuts it down, said he was satisfied beyond reasonable doubt after hearing the testimony of the authority’s chief executive Dr Tracey Cooper that there was a risk to the life and welfare of residents in the home.
This risk was as a result of an act, failure to act or negligence on the part of the registered provider of care at the home.
The judge heard Dr Cooper’s sworn testimony on June 3rd before granting an interim order allowing the Health Service Executive to take charge of the Rathgar home and find alternative accommodation for its 23 residents. They have all been moved.
He said he found Dr Cooper to be an impressive witness. Her sworn affidavit indicated allegations of serious physical and verbal abuse of five elderly residents at the nursing home had been made to the authority by three fearful staff during an inspection in May.
The authority also cited concerns about “an alarming history of falls, injuries and incidents”.
The owners of the home, represented by Gavin Ralston SC, consented to the cancellation of the home’s registration, but he said his clients wished it to be noted they did so with no admission of wrongdoing. He said they no longer wished to continue the business.
Judge Blake said he was satisfied the respondents – Therese Lipsett and Kitelm Ltd – were not fit to be the providers of care at the home and that they were carrying on their business in breach of the regulations. The closure order was warranted, he said.
Mr Ralston said he was a little concerned in relation to the judge’s comments that the order was merited when his clients had not gone into evidence. He said he was consenting to the closure order without any concession as to the merits of such an order.
Judge Blake said he fully accepted the affidavit put before him, as part of Hiqa's ex-parteapplication earlier this month to have the home deregistered.
“I think it was essential and to their credit that Hiqa and their inspectors acted in this case.”
He said residents of nursing homes were extremely vulnerable members of society. They had contributed to the building of modern Ireland and “must be protected in their hour of need”, he said.
He cancelled the home’s registration and said Hiqa could inform the public of this on its website.
Sarah Lipsett, a director of the home, has always claimed the allegations of abuse at Rostrevor were unfounded. They were levelled at one male care assistant and she claimed colleagues had reported him to Hiqa in an act of revenge because he had reported them to the home for claiming pay for hours not worked.
Gardaí are investigating the elder abuse allegations.