The South Western Area Health Board is to continue its efforts to close down a Dublin nursing home in which it says 23 older people are at risk, despite being refused a High Court order seeking its immediate closure.
The Government, meanwhile, is to explore the possibility of strengthening legislation to give health boards greater powers to close homes they believe are unfit to care for residents.
The health board had argued that residents in Rostrevor Nursing Home, Rathgar, were at risk because of improper administration of drugs, staff shortages and inadequate fire safety procedures.
The High Court, however, ruled yesterday that it did not have the authority to shut down a registered nursing home, which was a matter for the District Court. This process may take several months to complete.
Residents at the nursing home are expected to stay in the home as the health board continues the lengthy process of seeking to revoke the home's registration.
The nursing home owner, Ms Therese Lipsett, told The Irish Times that all residents wanted to remain in the home and were happy with the standards of care there.
"Not one person wants to move," she said. "They are very, very happy, they love their environment, they love the intimacy it provides them. If they can't be at home, it's the next best thing."
She said she would fight to prevent the closure of her 25-year-old nursing home and took issue with most of the allegations regarding standards of care there.
Ms Lipsett insisted she had responded to health board concerns but staff shortages had hampered progress in some instances.
"My reaction, where there have been recommendations, has been to sit down with my matron and staff nurses, go through things with them and look at ways and means of resolving them," she said.
In a statement yesterday, the South Western Area Health Board said it would continue actions begun against Ms Lipsett in the District Court earlier this year. Following further inspections, additional summonses have recently been issued, while the board would also proceed with plans to remove the home from its official register.
Fine Gael's health spokeswoman, Ms Olivia Mitchell TD, said yesterday's High Court ruling underlined the need for new legislation to give the health board stronger powers to close nursing homes where care standards were not acceptable.
A Department of Health spokeswoman said it would consider the implications of the ruling. However, sources last night said officials would examine the possibility of amending existing legislation.
The health board, meanwhile, said it has had around 60 inquiries to a telephone helpline for relatives and GPs of residents in Rostrevor.
A spokesman was unable to say whether there had been requests from residents or their relatives to be moved to a new nursing home.
The health board's freefone number is: 1800 45 64 00. It is open from 10 a.m. to 2 p.m. on Saturday and Sunday and on Monday from 9 a.m. to 5 p.m.
