Major question marks now hang over exactly who is responsible for the inspection of the former TB sanatorium that is home to 59 older patients with mental health problems.

Two separate investigations have been launched by the HSE and gardai into the circumstances surrounding the death of Hannah Comber at the HSE-run mental home on 22 June.

As reported in last week's Sunday Tribune, Comber suffocated after becoming entangled in the straps binding her to a chair. After it was discovered that she had choked to death she was removed from the chair, washed and placed in fresh clothing before gardai arrived.

A report which was given to gardai failed to accurately outline how the patient died and two investigations into her death have now been launched.

Management at Heatherside acknowledged that the home had never been visited by the inspector of hospitals during a battle with staff over pension entitlements last year.

In May 2005, 30 nursing staff at Heatherside took a Labour Court case against their management in a dispute over their pensions, arguing that nurses employed in hospitals designated under Section 65 of the Mental Treatment Act, 1961 receive more pension entitlements than they did.

Even though Heatherside is not designated under the 1961 Act, staff believe they should be treated equally as they perform similar duties to those perfomed by nurses in designated hospitals.

In their rejection of the staff 's claims, management at Heatherside argued that the facility was not designated under the 1945 Mental Treatment Act. "It has also never been visited or reported upon by the inspector of mental hospitals."

The Mental Health Commission has told the Sunday Tribune that the hospital does not come under its umbrella of responsibility. Similarly, the HSE South stated that Heatherside "was never a designated facility under the provisions of Mental Health Legislation, and was not subject to formal inspection under these acts".

A Department of Health spokeswoman said: "The department is considering the issue of the inspection of homes such as Heatherside in the context of the development of the overall inspection services, including the role of the Mental Health Commission."

Meanwhile, gardai investigating Comber's death expect to send a file on the case to the DPP within weeks. Inspector Senan Ryan, who is in charge of the garda investigation into Comber's death, said: "Our investigation is ongoing and we expect to be able to send a file to the DPP within the coming weeks."

Comber's nephew Tom McGrath said: "We are still shocked with the news and that's really all we can say about it."

McGrath stated that Comber's family did not wish to comment further on her death until they have been made aware of the outcome of the garda and HSE investigations.

The HSE has established an investigation team to examine the circumstances surrounding the tragedy.

The team members comprise Tom O'Dwyer, former programme manager and deputy chief executive in the Health Service, Dr Caitriona Crowe, a consultant in old age psychiatry, and PJ Lawlor, director of nursing for the Laois/Offaly Mental Health Service.

The time frame for the completion of the investigation has yet to be decided but the HSE has stated that it will be "completed at the earliest possible opportunity".