Regulatory Law

As a former prosecutor for the Health Service Executive and its statutory predecessors for many years, Bernadette Parte has significant experience with several areas of regulatory law including the law relating to:

• Food premises
• Pre-schools
• Nursing homes

We can advise on all aspects of the law in relation to these areas and can represent you if facing a prosecution or other enforcement action in the Courts.

Food hygiene law

We can advise you on your legal options in the following circumstances:

• An Improvement Notice or Closure Order has been served on you
• You or your business is facing prosecution in the District Court under the EC (Hygiene of Foodstuffs) Regulations or the Labelling Regulations
• Registration of your food business
• General advice is required to ensure that your food business is legally compliant
• If you have suffered from food poisoning or other food related complaint, such as buying unfit food.

Pre-schools

Pre-school children in Ireland are defined by law as “children under 6 years of age, who are not attending a national school or equivalent”. Pre-school services include pre-schools, play groups, day nurseries, crèches, childminders and other similar services looking after more than 3 pre-school children.

Pre-school care providers are required to notify the Health Service Executive that they are providing services. In addition, they are required to take all reasonable measures to safeguard the health, safety and welfare of pre-school children attending their service. They are subject to the Child Care Act 1991 and the Child Care (Pre-School Services) Regulations of 2006.

If you are a pre-school provider, or considering becoming one, Parte & Associates can advise you on your legal obligations so that you are fully legally compliant and with any difficulties that may arise, for example, onerous conditions being placed upon your pre-school.

Nursing Homes

Private nursing homes in Ireland must be registered with the Health Service Executive in accordance with the Health Act 2007 and are required to meet certain minimum standards. These standards are set out in legislation and include rules about the standard of accommodation as well as care. If you are a nursing home owner and require advice on your legal statutory obligations, we can advise you to ensure compliance so that you can concentrate on the important business of caring for those in your care.

If you or a loved one are considering nursing home care, we can advise on the Nursing Homes Support Scheme, also known as the “Fair Deal”, which provides financial support to people who need long-term care. We can also advise if you have concerns about the standard of care your loved one is receiving in a nursing home and any redress that may be available.