Belfast nursing home resident taking legal action over eviction notice

The woman, who is not being identified, launched the challenge after receiving the request to leave Fruithill Nursing Home due to alleged issues of concern.

Judicial review proceedings have been brought against both the residential facilities in the west of the city and the Belfast Health and Social Care Trust.

Lawyers for the woman are seeking a declaration that issuing the notice to leave was an unlawful breach of Article 8 on rights to a private and family life and procedurally unfair.

She was not informed about the detail of the allegations used to justify the decision or offered an opportunity to respond to them, according to her case.

At a preliminary hearing today it was claimed that staffing issues related to the dispute could put the future of the home in jeopardy.

Philip McAteer, counsel representing Fruithill, disclosed that a number of members of staff have already left.

With up to eight other employees said to have handed in their notice, he stressed the urgency in dealing with the challenge.

“There is a potential risk to the continued operation of the home, putting 35 other residents at risk,” Mr McAteer submitted.

The woman served with the eviction notice does not accept that any staff departures are linked to the alleged issues, the court was told.

Her barrister, Bobbie-Leigh Herdman, agreed that the case involving his client should be fast tracked.

She also suggested the Department of Health should be brought into proceedings because the matter involves a challenge to the policy of using a regional contract for commissioning services from private care and nursing home providers.

No further details were disclosed about the alleged circumstances at Fruithill Nursing Home.

Mr Justice McAlinden sought assurances that “nobody is going to be pushed out” before any determination is made on the legal merits of the claims.

Adjourning the case, he indicated that a full hearing will be arranged for early next month.