LEGAL

Discharging patients into care homes was 'unlawful,' High Court rules

The High Court today ruled the Government’s policy of discharging patients from hospitals to care homes at the start of the COVID-19 pandemic was unlawful.

The High Court today ruled the Government's policy of discharging patients from hospitals to care homes at the start of the COVID-19 pandemic was unlawful.

Former health secretary Matt Hancock and Public Health England (PHE) were taken to court by two women who said patients with coronavirus were discharged from hospitals back to care homes without testing.

Mr Hancock previously told Parliament the Government ‘absolutely did throw a protective ring around social care'.

Lord Justice Bean and Mr Justice Garnham ruled the Government's policy was ‘unlawful' because it had ‘failed to take into account the risk to elderly and vulnerable residents from non-symptomatic transmission' despite warnings from the Government's chief scientific adviser Patrick Vallance.

An estimated 20,000 residents of care homes in England died of COVID-19 during the first wave of the pandemic in 2020.

In a statement outside the court, claimant Cathy Gardner said: 'My father, along with tens of thousands of other elderly and vulnerable people, tragically died in a care home in the first wave of the COVID-19 pandemic.

'I believed all along that my father and other residents of care homes were neglected and let down by the Government.

'The High Court has now vindicated that belief and our campaign to expose the truth.'

General secretary of trade union Unison Christina McAnea said: ‘COVID spread like wildfire as untested but positive patients were discharged from hospitals.

'Thousands of elderly people died well before their time and many care staff lost their lives too.

'Families have been left devastated.'

A Government spokesperson said: ‘Throughout the pandemic, our aim has been to protect the public from the threat to life and health posed by COVID-19 and we specifically sought to safeguard care home residents based on the best information at the time.'

LEGAL

Where has the Budget left adult social care?

By Hiba Sameen | 11 November 2024

Lucinda Allen and Hiba Sameen examine the impact of the Budget on adult social care – the good, the bad and the ugly.

LEGAL

Co-production is the key to success

By Georgina Walton | 08 November 2024

Georgina Walton and David Rees look at how the innovative use of co-production at Kent CC is improving the deployment of technology enabled care to support t...

LEGAL

A fond farewell

By Heather Jameson | 26 September 2024

As chief executive of Leeds City Council Tom Riordan prepares to leave after 14 years for a top role in Whitehall, he talks to Heather Jameson about his care...

LEGAL

Lord Darzi in public health call

By Ellie Ames | 12 September 2024

The Government must invest in public health to ease pressure on a health service ‘in critical condition’, according to a damning review of the NHS.

Popular articles by William Eichler