Coronavirus: Legal action launched over reduced care home inspections

Papers lodged at the High Court in Belfast are pressing for an urgent judicial review into decisions taken by the Department of Health and a watchdog body.

The challenge is being mounted on behalf of Briege Gray, a 73-year-old resident at private nursing facilities in Castlewellan, Co Down.

Lawyers representing her son, Keith Gray, contend the department unlawfully directed the Regulation and Quality Improvement Authority (RQIA) to suspend statutory care home inspections.

They also claim the authority misinterpreted the direction as providing flexibility to continue inspections remotely.

According to their case Mrs Gray’s human rights are being breached.

“The continuing failure to inspect is likely to result in a diminution of the standard of care, which in turn directly correlates to the applicant’s chances of survival during this pandemic,” court papers state.

Seeking a hearing within days, Mrs Gray’s legal team said the challenge involves the right to life.

Her son described how his already high state of anxiety due to the coronavirus crisis has been compounded.

“I am at my wits end over this,” Mr Gray said.

“My mother, like hundreds of other residents, is vulnerable and her life is now at grave risk.

“I want proper inspections and full oversight but it may be too late. I am disgusted.”

Further concerns were raised about personal protective equipment (PPE) usage, despite a manager at his mother’s home assuring him that all staff are wearing face masks and eye shields.