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Nursing home owners launch High Court challenge over decision to cancel the home's registration

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The owners and operators of a private nursing home business have launched a High Court challenge over a decision it claims will put it out of business.

The action has been brought by Silvergrove Nursing Home, in Clonee Co Meath, a purpose built a facility with 28 bedrooms.

Last October, the State's Chief Inspector of Social Services cancelled the home's registration as a designated place that can provide nursing home care.

The nursing home says the grounds and reasons relied upon to cancel the registration are identified under a legislative provision which does not exist. 

It also claims that the cancellation is based on issues of non-compliance identified when the nursing home was inspected in February and again in June 2016.

The nursing home claims that both the Chief Inspector and Health Information and Quality Authority (HIQA) produced reports on the 2016 inspections.

A report from February 2016, which was triggered by an allegation of elder abuse, identified issues of non-compliance with regulations governing nursing homes and identified what actions required to be taken.

A subsequent inspection carried out in June 2016 found the failings that were identified in February had been satisfactorily addressed and the home was compliant in 16 of the 18 areas identified and substantially compliant in the remaining two outcome areas. 

The home also claims the decision is flawed because the inspection reports, as well as one carried out in October 2018, were conducted by HIQA.

It is claimed HIQA has no function in monitoring compliance with standards for nursing homes. 

As a result of the decision to cancel its registration Silvergrove Nursing Home Ltd, trading has Silvergrove Nursing Home has brought the action against the Chief Inspector of Social Services and HIQA.

It seeks orders including one quashing the decision to cancel its registration of a designated centre.

Permission to bring the challenge was granted, on an ex parte (one side only represented) basis,  by Mr Justice Seamus Noonan on Monday.

The Judge, who also granted a stay on the inspector's decision, made the matter returnable to a date in March.

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