Court ruling upholds Clara nursing home closure

Upton House nursing home in Clara is to remain closed, a court has ruled. This week its owner failed in a bid to have an interim court order to de-register the premises overturned. The home was initially closed and its 13 residents were transferred elsewhere in October following a request from the Health Information and Quality Authority (HIQA). HIQA had alleged breaches and failures at the home that were a risk to the life and safety of the residents. At Tullamore District Court on Wednesday, Judge Gerard Haughton upheld the earlier decision. He said he agreed with the Health information and Quality Authority that owner Maureen Flanagan was unfit to run the nursing home and that there was a risk to the life of residents there. Judge Haughton said her evidence over a two-day hearing was designed to mislead the court. He expressed concerns that an ambulance hadn't been immediately called when an elderly man with bleeding to the brain fell from his bed but had to wait nearly seven hours for a doctor. There was also risk to a frail 95-year-old woman who fell from her bed and suffered a fracture, despite being described as not being at risk of falls. Mrs Flanagan's refusal to act on inspection reports and failure to keep adequate records supported HIQA's application, he said. It was also worrying that she had failed to have allegations of abuse into herself and other staff independently investigated. The judge described allegations made by Flanagan about HIQA. the HSE and one of their inspectors as grievous, contemptible and without foundation.