Live Client Newsletter Webinar FAQs - Chair's Opening Statement
On 26th July, we hosted the next in our series of Live Client Newsletter Webinars to update our clients and the Covid-19 Bereaved Families for Justice group on the launch of the Inquiry, next steps, and answer some of their questions live.
This webinar addresses covers some of the key issues that are important to you, including Core Participant status, the Chair's opening statement and more. The panellists, which include Elkan Abrahamson and Pete Weatherby QC, also discussed what they expect to happen next.
Every question that was asked by the attendees of the webinar have now been answered. All of the questions and answers that are of general relevance to you can be found below.
Q: When people are giving evidence in the public hearings (for example, the PM), who will be questioning them? Will it be Lady Hallett or will Broudie Jackson Canter get to question them too?
A: The default position is that the Chair has an advocate(s) who will ask questions of witnesses. However, we have the right as legal representatives of Core Participants to put forward questions to be asked to witnesses. This is applied differently in each inquiry. Some Chairs allow us to question witnesses directly, some require us to suggest questions to the Chair who will then have them asked by her Counsel. We will raise this point to the Chair within our submissions that we should be allowed to ask questions directly.
Q: Are the Covid wards at the hospitals being challenged about their conduct of care with patients and the way they communicated with families?
A: The response of the health sector will play a major role in the Inquiry, more specifically the Terms of Reference mention the management of the pandemic in hospitals in Section 1(b(iv)). You can see the Terms of Reference here: https://covid19.public-inquiry.uk/wp-content/uploads/2022/06/Covid-19-Inquiry-Terms-of-Reference-Final.pdf
Q: Can you tell us briefly what each Module is?
A: Lady Hallett has announced three modules so far. Module 1 is focused on Preparedness. You can find more information on the scope of Module 1 here: https://covid19.public-inquiry.uk/wp-content/uploads/2022/07/Module-1-Outline-of-Scope.pdf
Module 2 is split into two (Parts 1 and 2). Core political governance and decisions making, and look at effectiveness with which 4 nations worked together. It will also look at lockdowns and data collection and modelling, as well as behavioural science and messaging. Module 3 is government and societal responses (healthcare, patients, hospitals, primary care, nhs backlogs, long covid). First modules the Inquiry will investigate. Other modules will be published in later months. Vaccines, antivirals, care sector, gov procurement of PPE, test and trace, business impacts, health inequalities, children and young people, impact of Covid-19 on the public sector.
Q: Have they announced where the Inquiry is going to held? Can members of the public attend if they wish?
A: The Inquiry base for public hearings will be in London but they will listen to the response to the pandemic in each UK nation. Hearings will also be streamed online for the public to view. Inevitably there will be a limit on the seats for the public.
Q: Do you have an estimate as to how long it'll be between the preliminary hearing in September and Module 1 starting hearing evidence?
A: The Chair has said that she expects the full public hearings for Module 1 to begin in Spring 2023. You can find a link to Lady Hallett's full opening statement here: https://covid19.public-inquiry.uk/2022/07/uk-covid-19-inquiry-launches-first-investigation/
Q: Will there be any Inquiry related to the NHS emergency services during the Covid pandemic?
A: Yes, this is covered in the Terms of Reference in section 1(b)(ii). You can see the Terms of Reference here: https://covid19.public-inquiry.uk/wp-content/uploads/2022/06/Covid-19-Inquiry-Terms-of-Reference-Final.pdf
Q: Has the group been granted official Core Participant status yet?
A: Core Participant application process is underway. The deadline for applications is the 16th of August. So we anticipate that we will hear back sometime shortly after this date and we will of course keep you updated on the outcome.
Q: Do you need to have your loved ones hospital records to participate?
A: No, this is a personal decision if you wish to obtain the medical records, At this stage we dont require medical records as the inquiry wont look at individual cases.
Q: Can people physically be present and tell their stories to the Inquiry? Does one family member have to be the spokesperson or should all family members sign up indiviually?
A: We are still awaiting confirmation of the format of the Inquiry. We have submitted to the Chair that there should be physical public hearings with witnesses who should be able to tell their stories to the Inquiry, however we do not know until Lady Hallett provides further information on this. It is a matter for family members whether they want one person to sign up (so communicsations would be with that person) or not. Where possible we would suggest the family appoint a single point of contact.
Q: If you were previously involved in being one of the families Lady Hallett spoke with as she travelled the country to consult on TOR, will you be asked to continue to be involved in the Inquiry?
A: If you are a bereaved family member, whether or not you assisted with the consulation process of the TOR, we believe that you should be granted Core Participant Status to allow you to be involved in the Inquiry process.
Q: Will the Inquiry look separately at England as it will with devolved nations?
A: If there are issues affecting only England then the Inquiry should look at those.
Q: Are you anticipating a combative response from the reported 60 barristers employed by the government? How disadvantaged will bereaved families be facing this amount of governmental legal defence?
A: The barristers to the Inquiry should not be combative but the Core participants who are not bereaved (e.g. gov't depts.) will also be represented and their barristers will probably be instructed to pursue their case (which usually means to defend their actions).
Q: What happens if Baroness Hallett cannot see the Inquiry through e.g. due to age or another reason?
A: Another Chair would be appointed. That Chair would then decide to what extent he/she will admit the evidence adduced to that date - for practical reasons we would expect the evidence to that date to be admitted.
Q: Lady Hallett in her launch said we have until 16th August if we want to be involved in the first module. How do we do that?
A: Core Participant application process is underway on behalf of the group and our existing client base. You can apply for Broudie Jackson Canter to be your legal representatives for the inquiry here: https://www.jacksonlees.co.uk/covid-inquiry-legal-representation
Q: Will Core Participants be very involved?
A: Lady Hallett made a statement at the start of the process that the bereaved families will be at the forefront of the inquiry process. We anticipate that this carries through the Inquiry process and will be challenging the inquiry legal team if this is not the case. However, there will be no pressure for people who do not want to be very involved.
Find more information on how to instruct free legal representation, how to join the Covid-19 Bereaved Families for Justice Group, and more.