Families of care home residents who died in pandemic preparing for legal action

Families of care home residents who died during the coronavirus pandemic are preparing for potential legal action against the Government and individual homes, lawyers say.

The law firm Leigh Day said it has written to the Health Secretary, UK Health Security Agency and a number of care homes on behalf of 22 people who each have one or more family members who died – some in hospital but the majority in care homes.

These occurred at the start of the pandemic, when patients were rapidly transferred from hospitals into care homes, it said.

However, there was no policy in place requiring patients to be tested before admission, or for asymptomatic patients to isolate, until mid-April.

The Government said it had sought to safeguard care home residents “based on the best information at the time”.

Any claims will be brought in negligence, Leigh Day said, with investigations having only recently started.

It follows a High Court ruling in April this year on a case brought by two women – Cathy Gardner and Fay Harris – whose fathers died from Covid-19.

The judges ruled that policies contained in documents released in March and early April 2020 were unlawful because they failed to take into account the risk to elderly and vulnerable residents from non-symptomatic transmission of the virus.

The families involved in the latest action are asking for the three-year limitation period under which they can bring a claim to be extended until December 1 2023.

This would enable lawyers to fully investigate, and to rely on evidence that comes to light during the second module of the coronavirus inquiry, which will scrutinise political decisions and actions in the pandemic’s early stages.

Formal evidence hearings for this part of the probe are due to be held in the summer.

Leigh Day partner Emma Jones said: “We have put the Department of Health, the Health Security Agency and the individual agencies on notice that this legal action is coming down the track.

“At this stage, we want to agree an extension of the deadline by which a claim must be lodged with the court, to give the families the space to hear the crucial evidence that will be given at the UK Covid-19 Inquiry.

“People who lost loved ones feel passionately that the Government must be held accountable for the fatal decisions that were made in the early days of the pandemic.

“When the Covid inquiry is over, the families we represent want justice for the mums and dads they lost, and don’t forget, lost without even being able to say goodbye.”

Among those represented by Leigh Day include Kim Nottage, of Bethnal Green, whose mother Maureen died aged 86 at Aspen Court, an HC-One care home in Poplar, London; and John Orford, of St Helens, Merseyside, whose 92-year-old father Ronald died after contracting Covid in Broadoak Manor, an HC-One care home in St Helens, the law firm said.

It said anyone who feels they may have a case should get in touch.

Leigh Day solicitor Beatrice Morgan added: “Policy and guidance was issued which encouraged the moving of patients from hospitals to care homes, yet failed to take into account the risk of asymptomatic transmission of Covid-19 to individuals who were most vulnerable to the virus.

“Rather than ensuring residents were protected, Government decisions allowed the deadly virus to spread like wildfire throughout care homes across the country.

“The advice was changed far too late, it is impossible to know just how many lives were lost as a result.”

A Government spokeswoman said: “Our thoughts are with all those who lost loved ones during the pandemic.

“Throughout the pandemic, our aim has been to protect the public from the threat to life and health posed by Covid, and we specifically sought to safeguard care home residents based on the best information at the time.

“The court recognised this was a very difficult decision at the start of the pandemic, evidence on asymptomatic transmission was uncertain and we had to act immediately to protect the NHS to prevent it from being overwhelmed.

“The court recognised we did all we could to increase testing capacity.”