Mr. Mervyn Taylor:

HIQA, as the regulator, does not have any say in, for example, the style of the contracts or the way in which they are signed. It can raise some questions but it is not truly a regulator, in our view. Placement in a congregated care setting is a grey area. Someone could have delirium and be recovering from it in an acute hospital after, say, a urinary tract infection and that can take some time. The patient might be developing some signs of cognitive decline but could nonetheless be recovering within the overall framework.

The patient may go for a period of time into a nursing home. That does not necessarily mean anything. The patient may think or may have been told that he or she is going there for convalescence, to use the old phrase, which is still relevant. The family members may have a different view. They may well think it is in the person's best interests that he or she should be there.