'Nuclear option' bid to revoke Skye care home licence halted

A “nuclear option” bid to revoke the licence of the private Skye care home where 10 residents have died from Covid-19, has been halted for three weeks as health chiefs attempt to resolve the crisis.

Home Farm care home on Skye, where 30 residents and 29 staff have tested positive for Covid-19, with ten residents dying as a result.

The Care Inspectorate is taking 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 today it was agreed by both parties, and Sheriff Eilidh MacDonald, to continue the matter for three weeks and not take the “nuclear option”.

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.

However, since then HC One Ltd, NHS Highland, Highland Council and the Care Inspectorate have been working together to attempt to stop the crisis, which resulted in today’s hearing over the company’s licence being continued until June 10.

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 enrolled, 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 told Sheriff MacDonald that all parties involved had met by video conference yesterday, with the resulting agreement to “continue the consideration of the motion for a period of three weeks.”

He added: “The purpose of that is manifold, but in part 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 futher, but with the provision that if there are concerns we can bring them back.

“The concerns are serious, but they are being addressed, and we want those to be further addressed with as little disruption as possible to the residents and wider community of Skye.”

Peter Gray QC, representing the care home owener HC One Ltd, agreed with Mr Dunlop and added: The matters given rise to this application are being treated extremely seirously 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.”

Granting the continuation for three weeks, until June 10, Sheriff MacDonald said: “However we may have arrived at this tragic situation the commmunity of Skye deserves a rapid and pragmatic solution and it’s right the parties have come together to try and deliver that. This will allow the current level of support provided to the home to be maintained and regular inspections to be made.”

MSP for Skye, Kate Forbes welcomed the “robust action” of the Care Inspectorate, and added: “NHS Highland have already been providing support to residents in the home, and will continue to effectively run the home.“The situation at Home Farm, where there have been 10 deaths, has been devastating for everybody in the local community and particularly for relatives and friends.“Whatever happens in the long run about ownership, residents at Home Farm will get all the support they need in these difficult days.”

HC One has previously apologised to families and the local community but has said it is “disappointed” with the action being taken by the Care Inspectorate.

A spokeswoman said: “We have accepted the shortcomings at Home Farm and apologise to our residents, their families, and the local community.

“We are fully committed to making significant improvements at the home and determined to put things right.

“We are disappointed that the Care Inspectorate is taking the steps that it is, but we will continue to work in partnership with NHS Highland at the home to implement a robust action plan, with an unwavering focus on delivering the best possible care for residents.”

Health Secretary Jeane Freeman has announced the Scottish Government wants emergency powers to allow it to take over failing care homes when lives are at risk from coronavirus. Under the proposals, ministers would have the power to apply to a sheriff court for an emergency order to temporarily manage a care home for up to 12 months.

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