High Court: Discharging Patients Was Unlawful

27 April 2022 | W.E.U Admin | News

TAGS: NHS

The Government’s policy of sending untested COVID-19 patients from hospitals into care homes at the start of the pandemic breached legal duties, the High Court has found.

Background of the Judicial Review

An action was brought against former Health Secretary Matt Hancock and Public Health England by two claimants whose elderly relatives were discharged from hospital untested. They argued that the risk of non-symptomatic transmission to vulnerable care-home residents was ignored despite warnings from the Government’s Chief Scientific Advisor, Sir Patrick Vallance.

Image: Anthony M / flickr.com

Key Findings of the Judgment

Lord Justice Bean and Mr Justice Garnham concluded that the policy was unlawful because ministers had “failed to take into account the risk to elderly and vulnerable residents from non-symptomatic transmission.”

Unlawful policy: Patients were discharged without testing for COVID-19.
Warning ignored: Advice from Sir Patrick Vallance was not acted upon.
Consequences: Approximately 20,000 care-home residents died during the first wave in 2020.

Reactions from Claimants and Unions

Dr Cathy Gardner, one of the claimants, said: My father and tens of thousands of elderly residents were abandoned by a Government that promised a protective ring around social care. She added that the judgment has vindicated families’ calls for accountability and an apology.

UNISON General Secretary Christina McAnea stated: “Ministers’ actions led to COVID spreading like wildfire in care homes.” She called for statutory sick pay to be raised so staff can afford to isolate when unwell.

Next Steps and Inquiry

The Department of Health and Social Care has been contacted for comment. Campaigners are urging the public inquiry to commence hearings immediately so bereaved families can receive answers and justice.