THE OWNERS of Rostrevor House nursing home in Dublin at the centre of allegations of elder abuse could be prosecuted by the health watchdog for breaches of regulations in the wake of the home’s closure last week.
The Health Information and Quality Authority, which obtained a court order to close the home because it believed there was a risk to the life and welfare of residents, also has powers under the 2007 Health Act to bring prosecutions for breaches of the Act.
Asked whether it was likely to take this step in relation to the private Rathgar facility, a spokesman for the authority said it “may consider” doing so.
A nursing home found guilty under the Act 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, or both. 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 home’s owners – Therese Lipsett and her family – consented to closure of the home at Dublin District Court last week but it was stressed this was without any admission of wrongdoing.
The court had received a sworn affidavit indicating allegations of physical and verbal abuse of five elderly residents at the home had been made to the authority by three fearful staff during an inspection in May. It also cited concerns about “an alarming history of falls, injuries and incidents”.
Sarah Lipsett, a daughter of Therese Lipsett and a director of the home, has said these allegations – now being investigated by gardaí – are totally unfounded.
The authority said the decision of the court “is paramount in safeguarding residents of nursing homes in Ireland, and from the authority’s perspective reinforces our commitment to pursuing a policy of zero tolerance of elder abuse”.
It has emerged the interim District Court order of June 3rd, effectively shutting the home and allowing the Health Service Executive take charge of it and find alternative accommodation for its 23 residents, dictated its owners should continue to employ and pay the home’s staff while the order was in place. That order only expired last week when the home was closed, yet two Rostrevor staff who blew the whistle on the allegations of elder abuse at the home were fired several days earlier.
Sarah Lipsett claimed last week the two whistleblowers were dismissed because they were being investigated for fraud, having allegedly claimed for hours not worked.
On Friday, after talks between union Siptu and the owners, all but one of the 14 former employees received redundancy entitlements, outstanding pay and references.