A second health authority has snubbed enquiries relating to the Valley Nursing Home's closure, adopting a similar stance to the Department of Health by instructing these should be submitted by Freedom of Information (FOI) request.

However, when challenged to provide the legislation upon which this is based, the Southern Health and Social Care Trust initially avoided answering repeated reminders, then stated they had nothing further to add.

It’s unclear if this indicates they do not know or have the legislation upon which they grounded the reply.

Relatives of a former Valley Nursing Home patient have fought for answers from the Southern Trust without success.

The patient was admitted to Craigavon Area Hospital on October 3, 2020, with unrelated issues, but thereafter acquired Covid-19. Two days later, he was discharged back to the Valley Nursing Home, which to that point had remained Covid-free.

His next-of-kin was only informed of this after it had occurred, when a community treatment team member contacted him to say the patient was doing well.

Despite this, it would be the following day – October 6, 2020 – before the Southern Trust notified the care home manager that the patient was Covid-positive. Within hours, an outbreak occurred in the unit, affecting patients and staff.

The patient deteriorated and was returned to Craigavon Hospital, critically ill.

Among a series of questions, the Southern Trust was asked why a Serious Adverse Incident (SAI) was not declared, given this major breach of infection control and prevention regulations?

It was further asked what investigation was carried out, and why are the Southern Trust refusing to release any information to the patient’s relatives, under a duty of care and candour?

On what date was a risk assessment completed ahead of the patient being discharged Covid-positive back to the Valley Nursing Home?

Does the Southern Trust accept the relatives of the patient and those impacted by the decision to return him Covid-positive to a previously Covid-free care facility without appropriately notifying his family or the home, have the right to know the full circumstances, and if so how do they intend to facilitate this?

In the event the Southern Trust does not accept this, under what legislation this decision has been reached?

Finally, the Southern Trust was asked if it accepts that a failure/refusal to release such information detrimentally impacts on public confidence and goes against the ethos of transparency and accountability?

In response, a spokesperson replied: “This needs to be processed as an FOI request.”

The Southern Trust was repeatedly asked on what legislation this assertion was based, which was sent numerous times, before a blunt reply eventually stated: “Nothing further to add.”

They were asked if this meant the Southern Trust did not know or have the legislation to this legitimate question, following their direction around the original enquiry, and to clarify who instructed the Press Office to deem the request an FOI?

There has been no response, to date.

The matter has been reported to the Southern Trust Chief Executive and the Information Commissioner.

However, the Southern Trust is not alone in this stance around Valley Nursing Home enquiries.

After failing to adequately address legitimate questions, the Department of Health stonewalled when challenged around the content of their replies, leading to what appeared to be an exasperated instruction to “submit this and any further requests on this matter” as FOIs.

While this has been done, requests have been made to all relevant authorities – including both of the above – to please provide the policy whereby Press Officers can refuse to answer questions and instead direct same to be submitted as FOIs.

So far, only the Belfast Health and Social Care Trust has responded, advising they have nothing on record.