Government won’t appeal High Court care home COVID ruling


The government has announced it will not appeal a landmark ruling by the High Court last week on hospital discharges to care homes during the height of the COVID pandemic.

On April 27, the High Court found the policy of discharging untested hospital patients to care homes was “unlawful”.

The court found in favour of action brought against the Department for Health and Social Care, NHS England and Public Health England by Dr Cathy Gardner from Devon and Fay Harris from Hampshire whose fathers died at the beginning of the pandemic.

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A government spokesperson said: “The government notes the court’s judgment and that the court dismissed most aspects of the claimants’ judicial review.

“While we are disappointed that the court did not accept all of the points we put before it, we do not see a public interest in an appeal on those points, as the right place for these matters to be considered is the public inquiry.

“Our thoughts are with all those who lost loved ones during the pandemic. Our aim throughout 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.”

Lawyers have warned of further compensation claims following the court’s ruling.

Prime Minister Boris Johnson and former Secretary of State for Health and Social Care Matt Hancock have defended the discharge policy claiming they were unaware of the risk of asymptomatic transmission.

Tags : COVID-19dischargeHigh Court
Lee Peart

The author Lee Peart

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