Legal action begins against government over 'failure to protect care home residents' from Covid-19

Dr Cathy Gardner and Fay Harris, whose fathers died of Covid-19 in care homes during the pandemic, are to begin their landmark legal action against the government, Public Health England and NHS England over their handling of the coronavirus crisis in care homes.

Dr Gardner launched the legal action after her father Michael Gibson, 88, a retired registrar died at Cherwood House Care Centre in Oxfordshire on 3 April 2020.

In July 2020, Ms Harris joined the legal battle for justice after her father Don Harris who was a resident at Marlfield care home in Alton, Hampshire died of coronavirus on died on 1 May just days before she had planned a sailing trip in Portsmouth to celebrate his 90th birthday.

The test case argues that the government failed to protect care home residents from the three principal routes of transmission of Covid: infection by other residents, by external visitors to care homes, and by care home staff.

Dr Gardner who has a PhD in virology, said: “It is very clear, whatever Matt Hancock may have said, the residents of care homes were not provided with a protective ring.

"He knew they were the most at risk and yet he issued a policy that exposed them to the risk of losing their lives. Many did. My father did.”

'I feel as though he was locked in to die'

According to the Office for National Statistics, between March and June 2020, more than 20,000 elderly and/or disabled care home residents in England and Wales, including the fathers of both of the claimants, died from Covid-19.

Ms Harris said that she does not want anyone else to go through what they went through as a family and says she feels “terrible guilt”. In regard to the government’s approach to care homes during the pandemic and its guidelines concerning hospital patient discharges into care homes, Ms Harris said: “I feel as though he was locked in to die.”

In his introductory argument for the hearing, Jason Coppel QC said: ‘The government’s failure to protect it, and positive steps taken by the government which introduced Covid-19 infection into care homes, represent one of the most egregious and devastating policy failures in the modern era.’

‘This claim is a legal challenge to the government’s failure to protect care home residents and to the key policies and decisions which led to the shocking death toll. The most notorious of these policies is that of mass discharge of around 25,000 elderly and/or disabled patients from NHS hospitals into care homes – including the homes of the Claimants’ fathers – without Covid-19 testing or ensuring that suitable isolation arrangements were in place.

'That policy has been described by the House of Commons Public Accounts Committee as “reckless and negligent” and “appalling.”'

The full hearing will be at the High Court in London from October 19 and is expected to last four days.