Unedited care-home footage must be handed over
The High Court has ordered RTÉ to hand over the complete, unedited footage gathered during an undercover investigation into two nursing homes.
In a judgment (July 6), Ms Justice Egan this week granted a Norwich Pharmacal disclosure order to the Chief Inspector of Social Services, the statutory regulator designated by the Health and Information Quality Authority (HIQA).
Background
The legal action followed the June 4, 2025 broadcast of RTÉ Investigates: Inside Ireland’s Nursing Homes.
The programme used anonymised extracts from hidden camera footage recorded by two undercover researchers over a two- to three-week period.
The investigation focused on two facilities owned by the corporate group Emeis.
- The Residence Portlaoise (up to 101 residents),
- Firstcare Beneavin Manor in Glasnevin, Dublin 9 (up to 115 residents).
The edition detailed allegations of prolonged and systemic failures of care, including the rough handling and neglect of residents, failure to change bedding and incontinence pads, violations of privacy, and the falsification of medical records.
Prior to the broadcast, RTÉ provided immediate detailed reports of its findings to HIQA and An Garda Síochána.
RTÉ previously transferred the raw material to gardaí following a separate court order.
Dispute
The Chief Inspector subsequently requested the entire archive of raw, unedited footage from RTÉ, stating that it was essential to fulfil his statutory regulatory functions, identify specific wrongdoers, and determine necessary enforcement actions under the Health Act 2007.
RTÉ declined to release the complete unedited data without a court directive, citing General Data Protection Regulation (GDPR) and confidentiality concerns.
Because RTÉ is not a "registered provider" under section 65 of the 2007 act, the Chief Inspector lacked standard administrative powers to compel the broadcaster directly, necessitating the High Court application.
Ruling
Ms Justice Egan ruled this week that the footage must be provided to the regulator so that the full scope of what was recorded could be assessed and any further hidden wrongdoing uncovered.
The court noted that the Chief Inspector remained bound by section 84 of the act, which legally restricts the unauthorised onward disclosure of confidential information.