Government policy on allowing untested hospital patients into care homes was 'unlawful', court rules
27.04.2022 - 16:45
/ manchestereveningnews.co.uk
The Government's care home policy in England at the start of the pandemic was illegal, a court has found. Two grieving daughters whose fathers died from Covid-19 have won a High Court challenge against the Government over its handling of patients who were discharged from hospital to care homes at the start of the pandemic.
Cathy Gardner, whose father Michael Gibson died in Oxfordshire on April 3 2020, and Fay Harris, whose father Donald in Hampshire on May 1 2020, partially succeeded in their claims against the Health Secretary and Public Health England. The outcome undermines claims from the Department of Health that they had thrown a 'protective ring' around vulnerable residents.
In Greater Manchester, by May 2020, around half of care homes in Greater Manchester had suffered outbreaks, with more than 4,000 coronavirus-related deaths up to that point, according to the Care Quality Commission. The resulting devastation came amid heartbreaking testimonies from care home staff who told of lack of testing, PPE, of agency staff moving between homes and, crucially, of patients being moved from hospitals into care homes without testing.
READ MORE: Deaths, do-not-resuscitate orders and a shattered work force: Inside the care homes devastated by coronavirus
In the preceding months, the Government had been urgently freeing up hospital beds, discharging 25,000 hospital patients into care homes. Guidance issued on April 2 2020 cited negative tests were not required before transfers.
During the court hearing, Government lawyers had denied policy failure on the grounds that scientists hadn't advised of 'firm evidence' of asymptomatic transmission until Mid-April 2020. They said ministers had to balance 'competing harms' amid