Áras Attracta staff say inquiry into alleged abuse ‘flawed’

Five members of staff at the Áras Attracta care home in Co Mayo have started High Court proceedings over an investigation and disciplinary process brought against them by the HSE.

The five are all employed as nursing staff in the residential unit of the Swinford facility, which is at the centre of allegations of abuse of residents.

An investigation commenced into the home after an RTÉ Prime Time Investigates programme, broadcast late last year, purported to show scenes of abuse at the HSE-run facility.

At the High Court on Wednesday, lawyers for the five argued the investigation process is “procedurally flawed” and breaches fair procedures on grounds including it is not being conducted by a panel of persons agreed to by all parties before the investigation began.

Marguerite Bolger SC, for the five staff, said the investigation was commenced before any complaint against them was upheld under the HSE’s Trust in Care Policy which sets down procedures for management of certain allegations against staff members.

Counsel said her clients have come to court because they fear that matters under investigation, which they were notified of some months ago, have been “pre-determined.”

In their action, the five want an injunction preventing the HSE terminating their employment. They also want an injunction preventing the investigation proceeding unless the complaints against them are upheld under the Trust in Care Policy.

Any disciplinary procedure must be conducted in accordance with their contractual entitlements, fair procedures and natural justice, they argue.

It is also alleged the investigation and disciplinary process breaches the HSE’s Trust in Care Policy.

The HSE must obtain agreement from them and their trade union on the persons appointed to the investigation panel before any investigation commences, it is claimed.

The matter came before Mr Justice Paul Gilligan who granted Ms Bolger’s applocation, made ex parte (one side only represented), for permission to serve short notice of the proceedings on the HSE.

The matter was adjourned to next week.