THE OWNERS of the Avondale nursing home in Co Kilkenny could face prosecution by the health watchdog for multiple breaches of regulations designed to keep vulnerable residents safe.
The Health Information and Quality Authority said yesterday it is considering whether to prosecute Miriam and Hayley Holmes – the two listed directors of the nursing home – for breaching regulations in the 2007 Health Act.
This week the authority secured a court order permanently cancelling the registration of the owners of Avondale nursing home based in Callan, Co Kilkenny. It said its action “reinforces our commitment to pursuing a policy of zero tolerance against elder abuse”.
The order was not challenged in the court by Miriam and Hayley Holmes, who have not been seen since boarding a bus heading towards Dublin airport on July 22nd – a day after the home was closed over safety concerns.
The Garda is investigating allegations they have stolen several thousand euro, medication and personal public service cards from several of the residents. The complaints were made by residents to authority inspectors a few days after the nursing home’s closure.
The authority closed the home over serious concerns for the lives and safety of residents. Inspectors have accused the owners of “wilful and reckless abandonment of the nursing home and its residents”.
Under the terms of the 2007 Health Act, the owners of a nursing home found guilty of failing to discharge their duty of care to residents can, on summary conviction in the District Court, face a fine of up to €5,000 or imprisonment for up to a year. If convicted on indictment in a higher court, the penalties can include a fine of up to €70,000 or imprisonment for a term not exceeding two years, or both.
“The decision by the District Court brings to an end this part of the process regarding the registration of the provider of Avondale, however the authority may consider any further action in relation to any other proceedings, up to and including prosecution that it deems appropriate,” the authority said last night.
The last financial accounts submitted to the company’s registration office for Avondale nursing home list Miriam (52) and Hayley Holmes (25) as the two directors of the company. Hayley Holmes’s occupation in the accounts is listed as “student”. Her mother’s occupation is listed as “director”.
The accounts show a big drop in the profit account of the company, to €23,255 in the year to March 31st, 2010, compared to €144,996 just a year earlier.
Garda sources believe Miriam and Hayley Holmes left the country in the immediate aftermath of the home’s closure. They found A Beginning Life in Australia Guide in the hotel room at the Marriott hotel where they stayed the night before travelling to Dublin airport by shuttle bus.
Efforts to contact Miriam Holmes have so far proved unsuccessful.