Coronavirus: Family joins legal action against Health Secretary over care home crisis

Fay Harris, whose father died of COVID-19 in a care home, has joined a legal battle for justice launched against Health Secretary Matt Hancock.

Bereaved daughter Fay Harris is applying to join a legal action to take Matt Hancock, Public Health England and NHS England to court over their handling of the coronavirus crisis in care homes.

Dr Cathy Gardner launched the legal action after her own father Michael Gibson died in his care home on April 3.

Fay Harris’ father Don Harris was a resident at Marlfield care home in Alton, Hampshire when he died of coronavirus.

Don Harris had Alzheimer’s and she describes him as mobile and physically fit. The former Royal Marine who had been stationed in Portsmouth, died on 1 May just days before she had planned a sailing trip in Portsmouth to celebrate his 90th birthday.

Ms Harris says she wanted to join the legal fight because of the government’s approach to care homes during the pandemic and its guidelines concerning hospital patient discharges into care homes.

Cathy Gardner launched a Crowdjustice page to fund her legal challenge and to date (13 July) has raised almost £70,000 and has a £100,000 target.

Dr Gardner’s father, Michael Gibson, who also had Alzheimer’s, became ill on 14 March and died on 3 April.

Cathy Gardner said: “I know the carers were wonderful and did their best to make him as comfortable as possible.”

Dr Gardner’s legal action accuses the government of breaching the European Convention on Human Rights, National Health Service Act 2006 and the Equalities Act.

The Department of Health and Social Care stated it could not comment on legal proceedings.