The government broke the law by failing to protect more than 20,000 elderly or disabled care home residents who died after contracting COVID-19, the High Court has ruled.
The case was brought forward by Dr Cathy Gardner and Fay Harris whose fathers Michael Gibson and Donald Harris died after testing positive for coronavirus.
Government policies on discharging patients from hospital to care homes at the outset of the pandemic were “unlawful” because they failed to take into account the risk to elderly and vulnerable residents from non-symptomatic transmission of COVID, High Court judges have ruled.
A barrister representing the two women told Lord Justice Bean and Mr Justice Garnham that between March and June 2020 – when Matt Hancock was health secretary – more than 20,000 elderly or disabled care home residents had died from COVID-19 in England and Wales.
Jason Coppel QC said the fathers of both Dr Gardner and Ms Harris were part of that “toll”.
Dr Gardner, who has an academic qualification and is from Sidmouth, Devon, said her father died at the age of 88 at a care home in Bicester, Oxfordshire, in April 2020.
“The care home population was known to be uniquely vulnerable to being killed or seriously harmed by COVID-19,” said Mr Coppel in a written case outline.
COVID-19: Daughter of care home victim says government claims of ‘protective ring’ were ‘a lie’
Kamala Harris: US Vice President tests positive for COVID-19
COVID-19: Is China’s Shanghai lockdown an overreaction?
“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.”
Mr Coppel told judges: “That death toll should not and need not have happened.”
He added: “Put together, the various policies were a recipe for disaster and disaster is what happened.”
Lawyers representing Health Secretary Sajid Javid, NHS England and Public Health England had fought the claim the government acted unlawfully by failing to protect care homes.
