Court orders closure of Laytown nursing home

Proprietor withdraws his appeal

Patients being transported from the Creevelea Nursing Home in Laytown to other care facilities following the court closure order on Monday.

A court has this week ordered the closure of a nursing home in Laytown.

Drogheda Court was told on Monday that the operator of Creevelea Nursing Home was withdrawing his appeal against the cancellation of the registration of the premises as a nursing home.

The cancellation of the nursing home's registration had been sought by the Health Information and Quality Authority (HIQA) based on the authority's concerns about the conditions in the nursing home. The concerns related to the health and safety of residents in addition to a lack of governance, clinical management and a lack of staff training.

A previous sitting of the court was told by HIQA inspector Nuala Rafferty that, on a visit last November, the premises was found to be so cold that residents had been on the verge of being at risk of hypothermia due to heating problems, while there had been 19 falls by residents over a six-week period. The court also heard inspections found the home was not clean, lacked an adequate stock of food and that it had been broken into on three occasions.

HIQA's application had been opposed by Peter Murphy, director of Creevelea House Ltd, and the registered provider of the home.

When the hearing resumed this week, Ronan Kennedy, BL, for HIQA, told Judge Flann Brennan that, following discussions on Friday and over the weekend, the owner was now consenting to the cancellation of the nursing home's registration as of 1pm on 4th July 2011.

Mr Kennedy said that arrangements were already in place for the Health Service Executive (HSE) to accommodate the seven remaining residents in Creevelea Nursing Home elsewhere as soon as was practical. He said that Peter Murphy undertook to co-operate fully with the HSE.

The lawyer added that HIQA was not seeking its costs in the case.

A barrister for Peter Murphy confirmed that his client was withdrawing his appeal against the cancellation of the registration but was doing so "without any admission of liability".

Judge Flann Brennan confirmed the order cancelling the nursing home's registration and dismissed the appeal by Murphy.

The HSE, in a statement, confirmed that it was making all arrangements to secure appropriate alternative accommodation for the remaining residents "with immediate effect".

Peter Murphy, in a statement issued following the conclusion of the case, said: "It is with sadness and regret that Creevelea House Nursing Home has been forced to cease operation.

"The care delivered at Creevelea House Nursing Home is of a high standard, verifiable through an assessment of evidence-based practice. Person-centred care is supported through holistic care planning, appropriate staffing, activities, training and an enhanced physical environment.

"Risks are quantified and choice facilitated to ensure, insofar as possible, the health and safety of the resident and a high quality of life.

"Regrettably, the appeal of the decision to close the nursing home cannot be further pursued at this time."

He said an independent review of the train of events leading to the de-registration of Creevelea House Nursing Home as a designated centre for older people is now being sought.