Nurse seeks to halt inquiry into allegations of misconduct

A nurse has initiated a legal action aimed at halting an investigation by An Bord Altranais into allegations of misconduct made against him.

The nurse, who cannot be identified for legal reasons, is being investigated arising out of allegations made by a female patient at a medical facility where he had worked.

The allegations date back some eight years. A formal complaint was made against the nurse in 2009 and an investigation by An Bord Altranais was opened.

At the High Court, Richard Kean SC, for the nurse, said his client denies all of the allegations.

In his proceedings against the board, the nurse is seeking various orders and declarations including an order quashing the investigation.

Counsel argued “significant delay” in progressing the investigation means there is a danger of an unfair hearing and said the delay has also meant the nurse has been unable to obtain important documents and materials required to defend himself.

This material includes certain details about the allegations themselves, telephone records, and details of previous complaints made by the same complainant that were not upheld, Mr Kean said.

It is also claimed the nurse has been denied fair procedures and his constitutional rights have been breached.

Mr Kean said his the health of his client, who had given an undertaking not to work as a nurse, has suffered as a result of the allegations and the subsequent decision to investigate them.

Mr Justice Seamus Noonan granted the ex parte application for leave to bring the judicial review proceedings. The judge also ruled the man cannot be identified and placed a stay, pending the outcome of the action, restraining An Bord Altranais proceeding with the investigation.

The matter has been returned to a date in April.