Bereaved families take legal action over care home pandemic deaths
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Bereaved families of people who died in care homes and hospitals in the early stages of the pandemic are starting legal action against the Government.
Relatives are arguing the State failed to protect them under the Human Rights Act and have issued legal claims for damages for loss of life, personal injuries, pain and suffering, anxiety, distress and feelings of injustice, the law firm representing them said.
Leigh Day said the cases concern 30 deaths near the beginning of the Covid-19 pandemic when patients infected with the virus were being transferred from hospitals into care homes.
Six of those who died were couples, a solicitor said.
We hope that through bringing these cases there will be a full and thorough investigation into the deaths, which might help our clients to feel they have obtained justice for their loved ones
Lawyers said the families intend to argue that the State failed to protect their rights through failures to publish procedures, appropriate guidance, policies and rules to be applied by operators of care homes, healthcare settings and hospitals.
The legal claims have been issued in the High Court against the Health Secretary, individual care homes and hospital trusts, lawyers said.
Leigh Day partner Emma Jones said: “We had hoped to try to progress our arguments without being forced to start legal action, but unfortunately not all of the defendants would agree to extending the deadline for formally launching the cases.
“As a result, we have taken the necessary step of issuing these claims to protect the positions of our clients and the loved ones they have lost. You cannot underestimate the impact of the tragic loss of life, losing a loved one in such harrowing circumstances, has had on our clients.
“We hope that through bringing these cases there will be a full and thorough investigation into the deaths, which might help our clients to feel they have obtained justice for their loved ones.”
We just want some truthful answers and some honesty really from the Government for once. I just think they've got to be accountable in how they handled the whole situation
Solicitor Beatrice Morgan said: “Our clients believe that the guidance issued by the Health Secretary in the early weeks of the pandemic led to thousands of unnecessary deaths.
“Many feel strongly that rather than trying to protect older people during that time, the guidance put their loved ones at an avoidable risk of harm.”
The claims follow a High Court ruling last year that Government policies on discharging hospital patients into care homes at the start of the pandemic were “unlawful”.
In the latest action, the families involved are arguing their rights were breached through State’s failure to comply with its obligations to protect the right to life, respect the right to private and family life and protect the right not to be discriminated against.
Sean Davies, whose mother died in April 2020 in a care home, said families want “answers” and “honesty” from the Government.
He told BBC Radio Four’s Today programme: “We just want some truthful answers and some honesty really from the Government for once. I just think they’ve got to be accountable in how they handled the whole situation.”
The Government said it cannot comment on ongoing legal proceedings.
But a Department of Health and Social Care spokesperson said: “Our thoughts are with all those who lost loved ones during the pandemic.
“Throughout the pandemic, our aim was to protect the public from the threat to health posed by Covid and we specifically sought to safeguard care home residents based on the best information at the time.
“We provided billions of pounds to support the sector, including on infection and prevention control, free PPE and priority vaccinations – with the vast majority of eligible care staff and residents receiving vaccinations.”
A procedural hearing likely to address timetabling and at which no evidence is expected to be heard is scheduled to take place at the High Court on September 27.
