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ANOTHER IRISH NURSING home has been closed down and put into the control of the HSE.
An interim order was made by Carlow District Court yesterday to cancel the registration of Avondale Nursing Home, Callan, Co Kilkenny, under the Health Act 2007.
The court order was secured by the Health Information and Quality Authority (HIQA) and the HSE was ordered by the court to take over the running of the centre and move the residents to suitable alternative accommodation.
The HSE said that its priorities at this time are to ensure the safety and wellbeing of Avondale’s 12 residents and work towards sourcing alternative accommodation for them.
The HSE acknowledges that this is a difficult time for the residents and their families, and would like to reassure them that their wellbeing is of paramount importance.
Marty Whelan of HIQA told TheJournal.ie:
We’ve had ongoing concerns in relation to Avondale Nursing Home for some time.
HIQA carried out two inspections of Avondale, one in September and one in October of last year and published those results on its website.
According to the report following those investigations, the centre accommodates female and male residents, aged 55 years and older.
Some require care for brain injuries, respite care, dementia specific care and rehabilitation.
The centre is owned by a limited company, Avondale Nursing Home Limited, and the registered provider is Miriam Holmes, director of nursing.
The report describes the home as “clean and well maintained,” “adequately governed” and residents and relations “were broadly content”.
However according to the report, Avondale Nursing Home failed to comply with the Health Act 2007 (Care and Welfare in Designated Centres for Older People) Regulations 2009 and the National Quality Standards for Residential Care Settings for Older People in Ireland in a number of areas.
Inspectors were concerned that there was a lack of suitable staff at key times of the day and that there was a need for more adequate facilities for the fulfilment and recreation of residents during the day.
Some relatives and residents commented that staff were not as available as they could be to speak and interact with residents.
A resident was observed through an open door using the toilet in the assisted bathroom, which the inspector described as “undignified” and a violation of privacy.
At lunchtime, all residents observed wore long utilitarian bibs, which were also “undignified”.
The report also states that there were no organised activities on the days of the inspection; drugs were not stored securely; in a number of bedrooms television sets were placed on metal wall brackets and posed a danger; and staff did not appear to have enough time to interact with residents.
What kind of gombeen drives around with unrestrained kids in a car. Never mind seizing the car, seize the kids!
@Reg: A dope, where would you put kids Reg and who’d pay for their new arrangement?
Who would pay the price in the event of a crash or sudden stop. It doesn’t matter who pays for a new arrangement.
Only a fixed notice for texting?! And texting at 157km ! Absoloute muppet , should be banned.
Why oh why are there so many idiots and complete morons on the roads? To be honest there are a litany of answers but nobody cares. 3 years ago the government cared. Now they don’t. Self serving sleveens. Here’s why; they don’t mandate driving as a leaving cert course ( every child in this country will drive at some stage, but they are not taught at school age ) , it should be mandatory in school. Learners are not allowed on motorways..WTF. Insurance costs are insane..a 23 year old man is now quoted at least €2400 per year. Outrageous. And the best and most laughable combination the NCT and cars over 10 years old. You can’t get insurance on a 10 year old car without paying thru the nose..but the NCT are offering 2 year certificates if you apply early. You count make this $hi! up . People are responsible for their vehicles, and 99% of us drive within the laws. But when you have mayhem within the system it will all go wrong.
Agree on all, especially mandatory in school. Our Transition years are offered driving safety course which includes driving. Some won’t take it because they say they already can drive ( tractor license ) these kids are only 16! Where does road safety go from there ?
Jenni with all due respect, some things have to be taught outside school such as at home or wider community . Schools do not have time to cover every societal issue. In theory it sounds like a good idea but what do you stop teaching to teach this? Bullying? Mental Health? SPHE which does cover safety in many aspects, numeracy, literacy, science? The list is endless now.
Saw three garda in the last few weeks driving and using there mobile. One was talking and the other two were either texting or checking something. Talk about swearing to uphold the law.
Have they caught Kinahan yet? Glad to see all their resources are being used to tackle ‘real’ criminals.
For those who are putting thumbs down on this post. Personally I have great respect for the guards. But they need to get there shop in order and lead by example. I can only imagine the response and cooperation I would get if I called into a garda station to report a gaurd for driving while they were on the phone.
Read the Road Traffic Act. Emergency services are specifically exempt. While it’s not good for public perception it’s not illegal.
In an Emergency they may be understandably exempt. On all three occasions (only this year) what I have witnessed, none of the drivers where in the process of an emergency. In fact one them pulled in front of me onto the petrol station forecourt and went at the same time as me to buy a coffee.
Thumbs still going up here obviously a lot of guards themselves thumbing this so let’s hope none of them create a fatal accident while on their way for a coffee on their mobile.
Why is this published? The drivers were detected and the process is underway and that is that. The Gardai always detected road offences and always will. Whats the big deal
@Val Martin: The Guards have a Twitter account….. Copy… Paste…. Budda bing…. Budda boom…
Yesterday I witnessed a mother driving away from the school with her Junior infant child, not only unrestrained, but with his head stuck out the fully opened window. The same woman is regularly on her mobile while driving.
If you report it enough times something may be done.
Do the cops realise that it’s illegal for them to seize a car or is this just another oversight on their behalf? http://www.donegaldaily.com/2014/04/11/we-won-court-case-when-gardai-seized-car-you-can-do-the-same/
There has been no change to any legislation about this since then.
Idiots deserve there cars seized .let them go through hassle of getting it back .if not too busy on phone ffs
@Cranium: Never knew that Interesting article
European law dictates that force majure can not exceed the value of the debt chased. So a wrong equals a wrong.. Would be interesting to actually discover how many of the 2 billion road journeys taken each year resulted in hundreds of road deaths from texting. Not a supporter of this activity but sure the RSA milk this kinda thing to keep the quango in funds..
Do you realise that the circumstances of the seizure referred to hear are different to what’s referred to in your article?
@Cranium: Bunreacht na hÉireann, Article 43:
1. 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.
2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.
2. 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.
2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.
Paragraph 2, Clause 2 gives Constitutional validity to the relevant section of the 1992 Finance Act. That decision would likely have been appealed if Letterkenny District Court had the power to set precedent in this country. It doesn’t though, so the DPP simply didn’t gamble on a case with zero upside, from his perspective.
That might apply to the case of impounding due to no tax alright. But they’d have a case on road safety grounds with respect to the NCT & insurance cars.
“No tax and a false insurance disc”. Doesn’t change the fact that it’s not legal for them to seize the car. There was talk today about legislation to “empower” them to seize a car from an unaccompanied, learner driver. All the rest will be sneaked in to “empower” them even more.
“article 15.which states “The Oireachtas shall not enact any law which is in any way repugnant to the constitution or any part thereof.””
I’m surprised a cop doesn’t already have the power to come to the conclusion that the learner driver is too high a risk for the road and must therefore take the car away. They probably have to give the option of calling someone to accompany them at the minute and they’re a bit annoyed that can’t just take it away.
Donegal daily prints anything it hears without investigation. This story is one mans interpretation without fully understanding the circumstances that led to the case been dismissed. Donegal daily also reported a woman been fined €4000 for obstructing guards seizing her car. Rehashing an opinion piece from 2014 because it suits what you want to believe to be true doesn’t make it so. 1000s of cars have been seized since.
Not disputing that there have been 1000s of cars seized. Simply the fact that it’s not legal for them to seize them. Makes no difference anyway. The law only applies to us peasants in this corrupt country. The VRT itself is illegal under European law and the Irish State pays massive fines to Europe, every year, for breaking this law. We’re not supposed to know about this though.
Cranium – you seem so determined to jump to the defence of those who flout the law. It’s fine until they collide with you or yours. Spend some time thinking of emergency services who have to deal with the aftermath of these fools.
@cranium if seizing a car keeps the loonies off the road and makes it safer for everyone else, seize away!
You’ve totally discredit yourself now Cranium. VRT is not illegal under Irish or EU law. We do not pay fines to the EU. That is often repeated here but it is nonsense. Othe EU countries have similar taxes.
Again, i only ever hear that vrt is illegal during bar room talk. Cant find it officially written anywhere except on anti established threads. My understanding is that a penalty tax cait be imposed on goods from EU states. But because vrt is paid on irish bought cars already then vrt on imports is not illegal. Perhaps im wrong but I’d like to read it somewhere more official then donegal daily or facebook.
@Cranium: All this talk and not one piece of legislation quoted, why can’t you quote the act itself, the constitution is only relevant is the act is repugnant to it.
Val ceasing a car is repugnant to the constitution. Its just our parisites of politicians ignore
They should be empowered, driving while texting at that speed! Kids with no seat belt! This kind of stupidity results in needless death and destruction.
Great.Take the cars and sell them. Make them walk home.
Is it not a mandatory ban for anyone caught driving without insurance?
I have always thought that RTA enforcement re Tax & insurance is set incorrectly by in use road checks, which are very wasteful of Garda resources.
The central vehicle registration dept should flag up any vehicles not renewed when due,to a collection service to follow up, on the basis that the last registered user is liable unless & until a re- registration is made. Off road certification needs to be time limited to 3 months, & be fee based.
All vehicles need to be insured to renew tax, so both would be encompassed administratively, rather than by legal processes, unless the law needs enforcement by reason of other, or further illegality, eg failure to respond to arrears notices.
This process would also address the all to evident practices of back lane cash sales to unlicensed/ uninsured buyers, & the simple abandonment of vehicles, & would be largely self financing.
It is time that the office based elements do more than just collect taxes, but also become pro-actively concerned with the downstream enforcement of the system, & leave the Gardai deal with other criminality.
They should also be pulling over lane hoggers in the middle and outside lanes and charging them with obstruction. KEEP LEFT!
Amazing how active the garda have become since the Whistle blower controversy is daily grabbing the headlines, and at last a proper inquiry into the whole sordid affair. Why were they not as active in the past?
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