Law-breaking UK government found guilty of unlawful, negligent care home policy which killed thousands

By Dr Minh Alexander retired consultant psychiatrist 28 April 2022

This is a very brief post to share the High Court judgments from the important and widely reported case brought by two grieving daughters against the UK government for its deplorable handling of care homes during the pandemic.

Our government of extremists and law breakers has a track record of holding life very cheap. Especially life that is of colour, life that is economically unproductive and life that it generally deems unworthy of life, to coin a phrase from an egregious era of the twentieth century.

The current mass COVID denial that the government has engineered and its modelling of callous disregard for hundreds of daily continuing COVID deaths perhaps numbs some people to earlier deaths in the pandemic.

Notwithstanding, the government policy of recklessly seeding COVID into care homes via hospital discharges has now been examined by the High Court and found wanting.

The High Court recognised this as “an important and legitimate claim” and it noted that staggeringly, about 20,000 care home residents in England alone died in the first COVID wave.

This is the core of the Court’s finding which has determined that the government acted unlawfully:

The common law claim succeeds against the Secretary of State and Public Health England in respect of both the March Discharge Policy and April Admissions Guidance documents to this extent: the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.

That is to say, whilst some some care home staff made great sacrifices, locked themselves away from their families and lived on site at work to protect their vulnerable residents, HM Government undermined their efforts and recklessly sent infection into their care homes.

This the High Court judgment:

Dr Cathy Gardner and Ms Fay Harris v Department of Health and Social Care Case No: CO/2123/2020

This is a summary issued by the Court to explain its judgment:

Summary of decision of the High Court (Lord Justice Bean and Mr Justice Garnham), 27 April 2022

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One thought on “Law-breaking UK government found guilty of unlawful, negligent care home policy which killed thousands

  1. Lot more interesting material to come…using English understatement.

    Mmm…. ________________________________

    Like

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