A former nurse has brought a High Court action aimed at halting an inquiry being conducted by the Nursing and Midwifery Board's Fitness to Practise Committee into disputed allegations that he failed to provide adequate care to a patient.
The action has been brought by Joshua Thomas, who claims the board has delayed for over four years the progression of an inquiry into an allegation which arose when he was employed as a night nurse at a nursing home in September 2018.
He claims the probe should be halted because of the lengthy delay in advancing the inquiry, which he says is inexcusable and prejudicial.
Mr Thomas denies the allegation that he failed to assess, neglected, respond properly, record the patient's vital signs, cared for the patient in accurate or timely manner, or promptly had the patient transferred to a hospital after that person's condition deteriorated.
In a sworn statement to the court, Mr Thomas, from Dowdstown, Maynooth Co Kildare, says that due to the accusation against him, he is no longer able to work as a nurse and is currently employed in the IT sector.
He claims the allegation against him has forced him out of the nursing profession.
Mr Thomas claimed that the board decided in 2019 to commence a formal probe into the allegation against him. A year later, he was informed that a hearing would take place before a Fitness to Practise Committee, as soon as practicable.
Earlier this year, he was informed that the hearing would proceed in mid-September.
His lawyers sought an explanation as to why nothing had happened regarding the inquiry for several years. He claims the response his lawyers received from the board did not properly address the issue of the four-year delay.
He claims the delay is inordinate and inexcusable.
It is also a breach of fair procedures, and he claims that the board has failed to comply with its obligations to have the inquiry held within a reasonable period of time.
He also claims that he has been prejudiced in his ability to defend his good name by the delay, as several key witnesses are no longer i the country and may not return for the proposed hearing.
Judicial review
As a result, he has brought judicial review proceedings against the chief executive of the Nursing and Midwifery Board of Ireland.
Represented by John Kennedy SC and Rory Kennedy Bl, Mr Thomas seeks various orders and declarations from the court. These include an order quashing the decision to hold the inquiry.
He also seeks declarations that the respondent erred in law and acted outside his powers in his determination that the inquiry should proceed.
He further seeks declarations that the continuation of the inquiry amounts to a breach of his constitutional rights and rights under the European Convention of Human Rights.
The matter came before Mr Justice Garrett Simons during Thursday's vacation sitting of the High Court.
The judge, on an ex-parte basis, granted Mr Thomas permission to bring his challenge against the respondent.
The court also placed a stay on the inquiry from proceedings pending the outcome of the proceedings.
The respondent, the judge added, could come to court and seek to have the stay lifted or varied once they give Mr Thomas 14 days advance notice.
The matter will return before the High Court in November.
