HEALTH WATCHDOG'S AFFIDAVIT:SEVERAL ALLEGATIONS of abuse of elderly residents at a south Dublin nursing home were made to the Health Information and Quality Authority, the health watchdog, before it sought an interim court order to close down the facility, it has emerged.
The alleged incidents of serious elder abuse involving physical and verbal abuse of a number of residents at Rostrevor nursing home in Rathgar were conveyed to authority inspectors when they visited the home last month.
Three members of staff told them a male care assistant had physically and verbally abused a number of residents from mid- 2008 until his recent dismissal from the home.
They stated these incidents had largely gone unreported and were in effect covered up by the alleged abuser, according to an affidavit provided to Friday’s court sitting by Dr Tracey Cooper, chief executive of the authority.
She told the court the three staff who provided the authority with the information appeared to be “clearly frightened and concerned that any report or mentioning of these incidents would possibly lead to them losing their jobs.
“They are dependent on the home for their livelihoods as they understand that their working visas entitling them to remain in Ireland are tied to the home.”
Such was their concern that the staff asked to be interviewed away from the nursing home.
The history of such previous incidents they alleged “led them to believe that nothing would be done in relation” to the male care assistant and that they themselves might put their jobs in jeopardy by reporting them, the affidavit said.
Dr Cooper’s affidavit stated the Garda had been informed of the allegations.
She said she had serious and immediate concerns regarding the life, health and welfare of the 23 residents in the home – all of whom appeared cognitively impaired to some degree and some of whom were wards of court. She sought an immediate court order to cancel its registration, to protect the residents from risk.
She said the risk arose from a failure to act on negligence on the part of Therese Lipsett and Kitelm Ltd – of which Ms Lipsett’s two daughters, Sarah and Avila, are directors – in the protection of residents from abuse and harm and the provision of proper and appropriate governance and management in the home.
Her immediate concerns arose from inspections at Rostrevor nursing home on May 25th and 26th last and a follow-up inspection on May 28th, when the allegations were brought to the attention of inspectors.
In investigating the serious allegations brought to their attention, it also came to light that there was “an alarming lack of risk management” in relation to injuries or potential injuries to residents from, in particular, the risk of falls.
Inspectors found “an alarming history of falls, injuries and incidents” among a sample of eight residents reviewed. There were 24 recorded incidents of falls relating to seven of the eight residents in 2010 and 2011 and nine other injuries or accidents relating to four of the eight residents in 2010. Documentation for these incidents was “very poor” and details of the falls and incidents recorded were missing or brief in almost all cases.
The affidavit also refers to a background to the current allegations as being very relevant.
It said there were widely publicised allegations of abuse, both physical and sexual, made in relation to the nursing home in the past. These allegations related to the actions of a male nurse in June 2005 who has since been struck off the nurses’ register. Gardaí investigated but no prosecution was taken.
Following an An Bord Altranais investigation, the male nurse (Stuart William Cummings) as well as a matron (Emelina Makinano Navale) and Ms Lipsett, also a nurse, were all struck off the nurses register last December.
It was found that Ms Lipsett, as proprietor, failed to respond or take appropriate action when allegations were made that Mr Cummings engaged in inappropriate physical and/or sexual contact with a resident.
After Ms Lipsett was struck off, the authority sought undertakings from Kitelm Ltd on February 15th that she would not be involved in the operation, management or control of the home.
The affidavit says Ms Lipsett appeared to be still involved in the business of the home and it was only on March 22nd that the undertakings were given by the company and Sarah Lipsett, a solicitor. But after an inspection on May 11th, Therese Lipsett was found to be still involved.
The court granted the interim order sought by the authority to cancel the home’s registration.