Judge rules in favour of Western Care in case taken by HIQA
The case was heard at Castlebar District Court.
A case brought against Western Care Association by the Health Information and Quality Authority (HIQA) has been dismissed.
Judge Adrian Harris ruled on the matter at Castlebar District Court yesterday (Thursday) after an earlier hearing had heard legal arguments from HIQA and Western Care.
Brian Gageby, BL, representing the Chief Inspector of Social Services of HIQA previously outlined to the court the nature of the prosecution. He said the allegations related to six care homes operated by Western Care. The care homes deal with vulnerable adults with disabilities and in each of the care homes in question one individual was resident.
The alleged offence was that these care homes were operating as a designated centre without being registered with the Chief Inspector of Social Services when inspections were carried out.
Mr Gageby said the prosecution being brought has nothing to do with the level of care being provided and is not an allegation that proper care was not being provided by Western Care.
“The allegation is that these care homes ought to be regulated."
Solicitor Samantha Geraghty, representing Western Care, said the nub of the issue was whether or not the six properties came within the remit of designated centres.
“When we talk about care homes we talk about institutions. These particularly properties are privately occupied homes, principal private residences of these particular service users held under private tenancies,” Ms Geraghty told the preliminary hearing of the case earlier this year.
The exact location of the Mayo care homes cannot be revealed in order to protect the identity of the residents.
It was alleged that when inspections took place on dates in May and June 2023 the six care homes were not registered as designated centres under the Health Act and Western Care was not the registered provider as a result.
Judge Adrian Harris said for the court to find Western Care guilty it must be satisfied beyond a reasonable doubt that on the dates in question the Association was carrying out the business of a designated centre. He said a designated centre is defined as an “institution at which residential services are provided".
“Residential services is not defined in the Health Act 2002, however, this court is satisfied that it has jurisdiction to interpret the words ‘residential services',” said Judge Harris.
He said the court was unable to identify any legislation or case law that explicitly defines ‘residential services’ but was able to examine definitions provided under various HIQA guidance documents and accepts those definitions.
“The court is not satisfied, based on the evidence heard and documents submitted, beyond reasonable doubt that Western Care Association provided or was providing residential services on the dates in question and at the six premises in question,” said Judge Harris. “On that basis, the court is dismissing these charges."
