Coronavirus: Government faces legal action for moving COVID-19 patients into care homes

The government is facing legal action over its ‘unlawful’ policy to move untested COVID-19 patients into care homes.

Lawyers acting for Dr Cathy Gardner, whose 88-year-old father died in a care home on 3 April, have written to Health Secretary Matt Hancock and NHS bosses for breaches of the European Convention on Human Rights.

The daughter of care home resident Michael Gibson, wants the government to admit its treatment of care homes before and during the pandemic was unlawful.

14 days to respond

Her lawyers have given Matt Hancock 14 days to respond to their letter. They say if his response is not adequate, they will begin proceedings for judicial review at the High Court.

The letter stated: 'Our client believes that the policies and measures adopted by the health secretary, NHS England and Public Health England have manifestly failed to protect the health, wellbeing and right to life of those residing and working in care homes.

'Their failings have led to large numbers of unnecessary deaths and serious illnesses'.

‘Plainly false statements’

The letter also attacked Matt Hancock’s claim that a “protective ring" had been thrown around care homes.

It highlighted the ‘failings of government have been aggravated by the making of wholly disingenuous, misleading and - in some cases - plainly false statements suggesting that everything necessary has been done to protect care homes during the pandemic’.

Dr Gardner is currently crowdfunding to support her legal action against the government.