Terra Firma Chambers’ David Logan represented the Care Inspectorate in an application to cancel the registration of a Midlothian nursing home after 15 of its residents died due to Covid-19.  Sheriff Douglas Keir granted an interim suspension of Thornlea Nursing Home’s registration under section 65(3) of the Public Services Reform (Scotland) Act 2010 after hearing that half of its residents in Loanhead had succumbed to the virus.

The interim suspension will come into effect from 18 January 2021 to allow time to find alternative homes for the remaining residents.  Mr Logan told the Court: "The reason 18 January is appropriate is at the present time there are still 14 residents in the home and those residents are in the process of being moved by Midlothian health partnership, but that is quite a complicated business."  Postponing the suspension would allow Thornlea to continue to provide a home for the remaining residents until they were moved elsewhere.

Terra Firma’s William Frain-Bell, acting for Thornlea Nursing Home Ltd, said that the order was made with the agreement of both parties. “The defenders are seeking to work with Midlothian HSCP and the Care Inspectorate and hope in the near future to have the order recalled.”

The Care Inspectorate said earlier this month that an inspection had identified "serious and significant concerns" about the quality of care experienced by residents at the home.

A spokesperson for the Care Inspectorate said: "We have taken this legal action to ensure people experience safe care following serious concerns raised during an inspection. The suspension of the provider's registration will allow for transition to alternative care arrangements for residents. We continue to monitor the service closely.”