care home

On 27 April 2022, the High Court of England and Wales ruled against the Secretary of State for Health and Social Care and executive agency Public Health England for the policies they had put in place at the beginning of the pandemic in care homes, especially fox discharging hospital patients to care homes without safeguarding the health of their vulnerable residents (case No: CO/2123/2020 - [2022] EWHC 967 (Admin)).

In particular, the policy included in guidance documents at the beginning of the pandemic in March and April 2020 were irrational to the extent that it failed 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. However, the Court dismissed claims based on the Human Rights Act 1998 or against NHS England. The claims were brought by two women who had died of COVID-19 following the implementation of this policy. The applicants did not claim compensation but appropriate declarations by the court.

Full text of the decision available at en