Juan Wolffe, the senior magistrate, has ruled that staff at the Summerhaven home subjected residents to “intimidation, harassment, threats and verbal abuse”, along with unfairly imposing financial strain and blocking efforts to remedy the facility’s shortcomings.

In a document seen by The Royal Gazette, Mr Wolffe ruled that it was “patently obvious to me that the trustees and staff of Summerhaven have fallen woefully short of the noble and compassionate intentions and expectations of the original trustees”.

Writing out his reasons for approving government intervention at the home for the physically disabled, Mr Wolffe accepted a damning range of statements brought by Cheryl Peek-Ball, the chief medical officer, including:

• Trustees failed or refused to designate a qualified administrator;

• Scare tactics were used against residents by board chairman John Powell and other staff;

• Albert Carter, the facility’s bus driver, put residents’ “lives, health and wellbeing at risk”, but kept his job;

• Failure or refusal by staff to provide three meals a day suited to residents’ needs;

• Failure or refusal to offer a recreational and activity programme conducted by qualified staff;

• Failure or refusal to adequately address medical needs;

• Making residents pay for items which should have been covered by their monthly fees;

• “Continuous resistance, unco-operativeness or lack of enthusiasm” by staff to work with the ministry in enforcing compliance with the law.

Mr Wolffe noted that the ministry had made no move to cancel Summerhaven’s registration, which would have required tenants to be relocated.

Nor was there any wish to permanently “take over” the facility — with the ministry to work with the present staff and keeping trustees informed.

In addition, there had been no bid for prosecutions, and the ministry aimed to revert Summerhaven’s administration to trustees “once matters are normalised in accordance with the Act and the Regulations” — leading Mr Wolffe to conclude that the application to take charge was not a “punitive measure”.

The court heard that concerns over Summerhaven predated 2015, with a complaint made to the Ombudsman in December of that year. An administrator was appointed in February 2016, resulting in improvements, but he was then dismissed “inexplicably”, with conditions deteriorating since October.

Alleged threats by Mr Powell left residents “in fear of retaliation” and resorting to “retreating to their rooms”, with a sense of little transparency or recourse to outside authorities.

A formal complaint went to Ageing and Disability Services last month, when a nurse interviewed 12 residents and heard their concerns.

Among complaints heard was that Mr Carter had pushed a wheelchair-bound resident causing him to fall and strike his head; reckless driving, including an accident, was also alleged, with residents also being made to pay for transport, laundry, and basics such as toilet paper and detergent. Mr Wolffe concluded that there would be “a real likelihood” of jeopardy to residents’ “life, health or wellbeing” without a court order transferring administration.

Ministry officials took charge last Thursday, with Mr Wolffe issuing his reasons for ruling the following day in a closed court session.

PLP questions response time

Government intervention at the Summerhaven home for the physically disabled comes more than a year after graphic concerns over the facility’s management were shared with this newspaper in June 2015.

Yesterday, Kim Wilson, the Shadow Minister of Health, questioned why action had not been taken sooner — adding that a Progressive Labour Party government would pass legislation requiring the minister to investigate “all complaints of abuse”.

“I am deeply disturbed to see that the matters raised in June 2015 by the very residents of Summerhaven, matters again raised in November 2015 by former MP Glenn Blakeney surrounding the grave concerns and poor treatment of those persons residing in the island’s only care facility for physically challenged persons, were not acted upon sooner,” Ms Wilson said. Adding that “alarm bells were rung over a year-and-a-half ago”, she queried how many patients had “suffered unnecessarily” during the delay.

“We need to address any and all issues of abuse, intimidation and harassment occurring within care facilities. We acknowledge that the majority of care facilities are conducting their services with the welfare of the patients being paramount.

“However, this cannot be said of the residents of Summerhaven.”

Ms Wilson said the PLP would pass a Protection of Persons in Care Act, placing “further responsibilities on the administrators and service providers of care facilities”.

“Such responsibilities would include a duty to protect the patients or residents of the facility from abuse, as well as a duty to report a belief of, or information that a patient or resident is likely to be abused. Of equal importance, such an Act would require that the Minister must inquire and investigate any and all reports of abuse received.

“We believe that further protections are warranted for those most vulnerable in our society and a PLP government would take additional steps to ensure their protection.”

•To read the Summerhaven ruling in full, click on the PDF link under “Related Media”