KRW LAW statement on Briege Gray Judicial Review Application
We act on behalf of Briege Gray whose son launched a judicial review in relation to a direction issued by the Dept of Health to RQIA.
He sought to challenge the legality of the directive which effectively reduced the number inspections in the care home sector.
Mrs Gray is a resident in a care home who was directly affected by the notification.
Last night we were informed the direction was rescinded by the Chief Medical Officer.
Accordingly the RQIA continues to have an obligation to inspect in accordance with the existing Regulations which are a minimum of twice per year.
Speaking today at court Mr Keith Gray said
“I am very pleased at the outcome of my case. It was taken on behalf of the many affected families and care home residents on learning that inspections would be reduced. My mother like 1000s of other care home residents remain the most vulnerable in society but they were treated as if their well-being was less important. The handling of the inspection issue collectively between RQIA and the Dept left all of us so stressed and worried. Thankfully we, together with our loved ones in care homes, can rest a little easier now knowing that full statutory inspections will be reinstated‘’
Speaking outside court today Solicitor Roise Fitzpatrick added
“This is vindication for Mr Gray and his mother. The resignation yesterday and statement therein from the former RQIA board members is significant in that they acknowledge that the reduction of inspections among other decisions diluted the RQIA’s independence and critical function as a regulator to maintain the protection of vulnerable adults in residential and nursing homes during the Covid-19 crisis. It has been a very traumatizing time for care home residents and their relatives. Last night we were advised that the department were no longer resisting the judicial review challenge and further that they had agreed to pay all the legal costs for Mr Gray’s application. The case is now withdrawn and full statutory inspections will resume without any further interruption. That’s so important for both the mental and physical well-being of care home residents in what is still a very difficult period for everyone ‘’
RÓISE FITZPATRICK
KRW LAW LLP