Judge criticises HIQA over Áras Attracta abuse

‘PROFOUNDLY SORRY’ Defendant Pat McLoughlin, pictured at a previous sitting of Castlebar District Court, told the Circuit Court last week that he was ‘profoundly sorry’ for his actions. Pic: Conor McKeown

Jail term suspended for defendant McLoughlin on appeal

A CIRCUIT Court judge has lashed out at the Health Information and Quality Authority (HIQA) for their inspection regime, claiming they were ‘complicit’ in allowing Áras Attracta patients to be subjected to abuse.
In a stinging rebuke against the independent healthcare authority, Judge Rory McCabe said the HIQA inspections of the Áras Attracta care facility in Swinford had failed to identify abuse of residents.
The comments by Judge McCabe were made when sentencing defendant Pat McLoughlin, who was appealing against the severity of a four-month prison sentence, after he was found guilty of assaulting a resident.
HIQA are responsible for the quality and healthcare of patients and the court heard that prior to the incident, Áras Attracta had been ‘given a clean bill of health’.
The assault against the resident was revealed following an investigation by an RTÉ Investigations unit, who placed hidden cameras in the centre which caters for residents with severe learning difficulties.
Judge McCabe reduced Mr McLoughlin’s appeal to community service but said the matter may not have come to light without RTÉ and HIQA had to bare some of the responsibility.
“HIQA allowed this to happen by giving the facility it a clean bill of health and the same people you can argue show some responsibility for the regime in Áras Attracta or are complicit by its own inspection regime. The pictures don’t lie,” he said, adding that vulnerable people had been dehumanised.
Pat McLoughlin (59) of Lalibela, Mayfield, Claremorris, was found guilty of assault on a resident known only as Miss A which was recorded by a hidden camera on November 14, 2014. As well as the four month sentence, he was also ordered to pay €1,000 in compensation to Miss A.
Five members of staff from Áras Attracta were all found guilty of assault arising from the RTÉ investigation. Mr McLoughlin was the only person to receive a custodial sentence when he appeared before the District Court in February.

Appeal
His appeal against the severity of the sentence was heard last week in Castlebar Circuit Criminal Court.
Mr Conal McCarthy, counsel for Mr McLoughlin, said his client was profoundly sorry for what occurred and admitted it was unacceptable. He said his actions on the day in question were out of character and until that point had an unblemished record in 35 years in working with people with special needs.
A video of the incident was shown in court and it showed Mr McLoughlin sitting on top of the resident as she sat on her chair. The resident lashed out at Mr McLoughlin and was forced to apologise to him by another member of staff.
Mr McLoughlin had pleaded not guilty to assault before the District Court and Judge McCabe asked Mr McCarthy when did his client become sorry for what he did.
Mr McCarthy replied that he was always sorry for his actions and a medical report reflected that he knew what he did was wrong.
Mr McCarthy added that when the allegations became public, his client was afraid to leave his home and his health has suffered. He said items were thrown at his home and his home is currently up for sale. He was also unlikely to return to work.
When sentencing, Judge McCabe commented that Mr McLoughlin had received the custodial sentence because of his position of authority and he should have led by example.
However, he said he did not think it was in the interest of justice to impaired a custodial sentence and instead imposed 240 hours of community service in lieu of four months imprisonment.
Judge McCabe commented that it was the maximum amount of hours he could impose and if he could impose more he would have. He also ordered that McLoughlin pay €1,000 in compensation to Miss A.