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Epidemics

Government Policies on Discharging Hospital Patients into Care Homes Ruled Unlawful

Strategic Insights

— 1 min read

A High Court ruling has found the UK Government's policies on discharging hospital patients into care homes at the start of the Covid-19 pandemic were "unlawful". The decision undermines claims that a "protective ring" was put in place for the most vulnerable, and highlights concerns that thousands of care home residents were left unprotected due to a lack of understanding about asymptomatic transmission.

Key Takeaways:

  • The High Court ruled that the Government's policies on discharging hospital patients into care homes were unlawful, citing a failure to take into account the risk of asymptomatic transmission.
  • The court found that Public Health England failed to inform ministers about the risks of asymptomatic transmission, which was not addressed by then Health Secretary Matt Hancock.
  • The ruling has sparked concerns that thousands of care home residents died unnecessarily due to the Government's handling of the pandemic.
  • Bereaved families and care groups have welcomed the ruling, stating that it proves the "protective ring" around care homes was "non-existent" and residents were "abandoned".
  • The Government has acknowledged the ruling, stating that they "acted immediately to protect the NHS" and will respond in more detail in due course.
  • The potential for mass compensation payouts is being considered by the Department of Health, with a spokesman stating that it would be "entirely a matter for those families and not one for us".
  • Liberal Democrat spokesperson for health and social care Daisy Cooper has called for the Prime Minister to apologize to the families of those who died in care homes and to care workers, citing the "shameful comment" made in July 2020.

Statistics:

  • The High Court ruled that the Government's policies on discharging hospital patients into care homes were unlawful, citing a failure to take into account the risk of asymptomatic transmission.
  • Between January and July 2021, there were 52,865 reported deaths from Covid-19 in care homes in England and Wales (Source: Office for National Statistics).
  • The court found that Public Health England failed to inform ministers about the risks of asymptomatic transmission, which was not addressed by then Health Secretary Matt Hancock.
  • The Government has confirmed that they will respond in more detail to the ruling in due course.

Sources:

  • The Guardian
  • The Independent
  • BBC News
  • Office for National Statistics (ONS) (available at: [www.ons.gov.uk](http://www.ons.gov.uk))
  • Royal Courts of Justice
  • Sinclairslaw

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