‘Nuclear option’ to revoke licence of Skye care home put on pause
● Continuing care of patients the priority ● Sheriff will hear case in three weeks
A “nuclear option” bid to revoke the licence of the private Skye care home where ten residents have died from Covid-19, has been halted for three weeks as health chiefs attempt to resolve the crisis.
The Care Inspectorate had started legal proceedings to remove HC One Ltd’s operating licence following the outbreak at Home Farm Care Home in Portree.
However, at a virtual hearing in Inverness Court yesterday it was agreed by both parties, and Sheriff Eilidh Macdonald, to continue the matter for three weeks.
The Care Inspectorate has the power to make an application to a Sheriff to cancel the registration of a service where it has concerns about the life, safety and well-being of any residents.
Last Tuesday an unannounced inspection at Home Farm Care home raised “serious and significant concerns”. As a result, NHS Highland stepped in to provide social care management, nursing leadership and direct care.
Since then HC One Ltd, NHS Highland, Highland Council and the Care Inspectorate have been working together to attempt to stop the crisis.
Representing Social Care and Social Work Improvement Scotland, Roddy Dunlop QC said that since the motion “seeking the interim suspension of the registration of the care home” had been lodged, there had been “a wholesale collaborative approach by all parties involved… to assist the home in addressing the concerns that had arisen with the inspectors who had, and continue to attend the home.”
He said all parties involved had met by video conference on Tuesday, with a resulting agreement to “continue the consideration of the motion for a period of three weeks”.
He added: “What we seek to do is have a situation whereby the care of the residents can be continued with as little disruption as possible – the suspension of the registration would be the ‘nuclear option’.
“The aim is to continue the care of the residents in a process whereby there can be continuing monitoring of the performance of the home by the inspectors with the ongoing assistance of NHS Highland, and the hope is that this can result in a situation where concerns are completely allayed and this matter need not go further, but with the provision that if there are concerns we can bring them back.”
Peter Gray QC, representing the cowner HC One Ltd, agreed with Mr Dunlop and added: “The matters given rise to this application are being treated extremely seriously by those for whom I act. They raise an absolute determination that the shortcomings identified should be addressed robustly. The collaborative approach now being taken provides a firm foundation to ensure the necessary improvements are made.”
Sheriff Macdonald said the case would be heard again on 10 June. She added: “However we may have arrived at this tragic situation, the community of Skye deserves a rapid and pragmatic solution.”