Family condemns €2,000 in fines as 'insult'

The family of Maura Reynolds expressed disappointment at the level of penalty that may be imposed for breaching nursing home …

The family of Maura Reynolds expressed disappointment at the level of penalty that may be imposed for breaching nursing home standards.

Under the Health (Nursing Homes) Act 1990, a person can be fined up to £1,000 (€1,270) or imprisoned for up to three months for an offence.

Nursing home owners Paul and Anne Costello were fined €1,000 each at Bray District Court yesterday for breaching regulations. The couple did not answer questions about the conviction as they left the court.

Priscilla Reynolds, daughter-in-law of Maura Reynolds, said the current legislation "does not reflect the seriousness of elderly neglect". She said a €1,000 fine was an "insult" and would not act as a deterrent for a nursing home owner who may be tempted to flout regulations.

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She said the family were anxiously awaiting new legislation governing nursing homes. "We hope that the elderly will be respected a bit better than a €1,000 fine," she said.

The Health Information Quality Authority is currently finalising more rigorous standards for private and public nursing homes. Legislation to give legal effect to the standards must first be introduced.

A spokeswoman for the Department of Health said the Health Act 2007 provided for an increase in fines and penalties, but she could not say when this would be implemented. She said "the emphasis in ensuring safety in nursing homes is to focus on quality rather than on sanctions alone".

Ms Reynolds said the family would be outraged if the penalties were not increased to show that elderly neglect was being taken seriously.

Age Action Ireland also urged that larger penalties be considered. Its spokesman Eamon Timmins welcomed yesterday's court ruling and expressed solidarity with Ms Reynolds' relatives. "This has been another stressful occasion for the Reynolds family and Age Action extends its sympathy to them."

He said that Ms Reynolds had gone missing because of the failure by the home's staff to implement basic care standards.

"Today's case highlights the need for strict standards and enforcement, along with proper training and supervision of staff, so that the most vulnerable of older people are protected," Mr Timmins said.

He said the new standards would "beef up" regulations but they would only be successful if staff were properly trained and supervised in implementing the standards.

While the HSE proceedings have now finished, the case of Ms Reynolds' disappearance is not yet closed. Preparations are now being made for the inquest.

In December 2006, the then minister for justice Michael McDowell gave the go-ahead for the inquest after a request from the family.

An inquest cannot be held without a body being recovered, unless the Minister for Justice has given his express authorisation. It will also be open to the Reynolds' family to take a civil action once the inquest has issued its verdict.

Alison Healy

Alison Healy

Alison Healy is a contributor to The Irish Times