A retired health board official has secured leave from the High Court to bring a legal challenge to the manner in which the HSE report into Leas Cross nursing home was compiled and published.
Michael Walsh, former chief officer of the Northern Area Health Board, Garristown, Co Dublin, secured leave from Mr Justice Liam McKechnie yesterday to bring his judicial review proceedings.
Mr Walsh said he was "alarmed" the final draft report on Leas Cross had purported to critically deal with, comment on and reach a conclusion concerning the quality and efficiency of management and structures within the HSE's remit on the basis of an examination and investigation by Prof Des O'Neill. He understood that investigation was primarily based on "a desktop analysis" of medical notes and records related to Leas Cross.
No contact was made with him in relation to matters referred to in the report, he added.
He said his serious concerns about the validity of the process that led to the preparation of the final report were not diminished by the fact he fully accepted Prof O'Neill's finding in the final draft report that the standard of care at Leas Cross fell short of expectation and best practice.
In his action, Mr Walsh wants a declaration that the process of reporting adopted and employed by the HSE and the manner in which the Leas Cross report was published on November 10th, 2006, breached his right to natural and constitutional justice.
He says the report did not take account of his written submissions.
The report by Prof O'Neill followed his investigation into the deaths of residents and former residents of Leas Cross nursing home, Swords, Co Dublin. It was carried out in the wake of a Prime Timeprogramme broadcast on RTÉ television which raised serious concerns about treatment of patients at the nursing home.
In his affidavit, Mr Walsh said that in his capacity as chief officer of the NAHB, he had engaged Prof O'Neill to investigate matters concerning Leas Cross. Before his retirement on October 5th, 2005, Mr Walsh said, he was involved in providing background support to Prof O'Neill in organising access to Leas Cross files and providing office accommodation.
In February 2006, he was asked by the HSE to give observations as a consultant on various matters, and submitted those in April 2006.
In July 2006, he was forwarded a "final draft" report prepared by Prof O'Neill. It was clear to him from that report that Prof O'Neill had moved beyond the terms of reference and proceeded to highlight his perception of what he had termed "system failures" at health board level.
Mr Walsh said the report ranged far beyond the original brief which was to examine the medical and nursing notes and other documentation relating to the nursing home.He had submitted a detailed written response to the final draft report and had proceeded on the basis that the final publication would include the matters in his written response.