The Department of Health Press Office has been asked to review a recent communication stating all further questions in relation to the Valley Nursing Home should be by Freedom of Information (FOI) request.

The blunt response was received after the Department was again challenged on a reply which failed to address the issues.

After weeks of asking questions and largely receiving generic replies, the Department finally released a report into the Lesson Learned Review carried out into the handling of the closure and relocation of the 53 residents.

The Clogher facility closed when the management company, Healthcare Ireland, was deemed unfit to operate following an unannounced RQIA inspection in October, 2020.

Significant concerns were identified around management of Covid guidance, infection prevention and control, fire safety, care delivery and records, mandatory training, lack of stimulation for residents, control of hazardous substances, staff interaction with patients and managerial oversight and governance.

In the immediate aftermath of transfer, 14 residents died. Six who had already been moved within the Western Health and Social Care Trust area also died. Some residents without Covid-19 were moved to other care homes with active pandemic outbreaks.

Having confirmed the review had been conducted, the Department of Health was asked for a copy of the report. After almost two weeks of delay, a link to the report was posted on August 3, 2022.

This contained what transpired to be the first and only reference to the term ‘emergency’ closure.

The Department was asked on what date it was informed the Valley Nursing Home was an ‘emergency’ closure and by whom?

Another generic answer came, with a spokesperson stating: “On November 4, 2020, the RQIA provided a copy of the Notice of Proposal to cancel the registration of Healthcare Ireland Belfast Limited, being the provider registered to carry on the Valley Nursing Home.

“On December 9, 2020, the RQIA provided the Department with a copy of the Notice of a Decision to cancel the registration of the provider.”

This detail was already known, and the question specifically referred to notification of emergency closure, which was not addressed.

Consequently, the Department was asked if the term ‘emergency’ closure was ever used, to which came the reply: “Please submit this and any further requests for information on this matter by FOI.”

This was done straightaway, along with a request for a copy of the Department’s Press Office policy or similar, which permits the dismissal of legitimate media questions and deems them as FOIs.

Meanwhile, an episode of The Nolan Show on August 26 discussed Stormont departments insisting press questions are converted to FOIs, only later to realise there was no lawful ground for doing so.

This was drawn to the attention of the Department of Health’s Press Office, which was asked if it wished to revise the previous response.

To date, this has neither been acknowledged or addressed.

However, following an incredibly swift turnaround, the FOI response on the emergency closure aspect was received, calling into question why the Press Office felt unable to provide this detail.

The answer stated: “The term ‘emergency notice of closure’ appears in Section 5 of the Learning Review Report. The ‘emergency’ referred to relates to the unfolding situation and the short timeframe in which alternative accommodation had to be found for residents.”

Guidance provided by NHS England around managing care home closures, sets out reasons why this action becomes necessary, including management/workforce issues; suspension of placements due to quality and safety issues; regulatory action being taken to protect residents, and market exit by the provider.

Only one heading, ‘Force Majeure’, sets out examples of an emergency closure, listing these as infection control, flooding or fire.

The definition of Force Majeure is when risk of loss in performance is hindered, delayed, or prevented because of an event that could not have been anticipated or controlled.

With the flooding and fire ruled out in relation to the Valley Nursing Home, only infection control remains.

Substantiating evidence has been requested and remains awaited.