As a lawyer I am trained to be objective and dispassionate. But as a human being I am affected by the many accounts of Covid-19 related deaths.  As someone who has been profoundly involved in a number of cases where the powerful have tried to hide their mistakes I’m becoming increasingly concerned by the Government’s apparent failure to accept responsibility for at least some of the 40,000 or more deaths caused to date by the coronavirus.

The latest grim calculation being made by the Government appears to be to get the economy moving again, accepting that this will cause more deaths but saying, in effect, as long as there aren’t too many more that’s fine.

There are worrying signs that the state is preparing the usual cover-up

There are already worrying signs that point towards the fact that we are not paving the way for a full and transparent presentation of the facts surrounding the Government’s decisions to even be possible;

• First, the Coronavirus Act abolished juries for Covid-19 related deaths.
• Then, Coroners were reminded that Covid-19 deaths are ‘deaths by natural causes’ so an inquest may be unnecessary.
• Finally, the Chief Coroner advised Coroners that even if they did hold an inquest, they should not look into government policy issues such as the failure to provide PPE.

Cumulatively these provisions mean it will be much more difficult to hold the authorities accountable for their life and death decisions. Therefore, should we not be doing something now to help us hold our leaders to account, for their current decisions, at some point in the future? 

The way forward is anything but clear – that’s why we need to record the facts

I’m still trying to get the authorities to implement changes that will allow society to implement the lessons we learnt from the Hillsborough Disaster. Namely that less rather than more obfuscation is generally in the public interest. The immediate way forward is anything but clear…

• We are told the transmission rate (R) is below 1, but we’re not sure how much below 1
• In the absence of widespread testing much must be left to guesswork
• There is an inexplicable lack of PPE equipment (in hospitals, care homes, nurseries, schools and other places of work) while UK PPE producers’ calls to the authorities remain un-answered

… which is why we need a framework put in place now, to allow us to hold the decision makers to account on the facts, not to account based on tired and quickly fading memories of decisions made in the heat of the moment.

We need to challenge now – but responsibly

A Public Inquiry is inevitable and essential. So, I’m calling for the immediate implementation of a framework that will allow us to properly record and, if necessary, to challenge government decisions now and into the future.

I accept that having a full inquiry now would involve experts whose time might be better spent advising the Government.  Yet any post-Covid inquiry will come too late to prevent the deaths that must surely result from the Government’s latest decision to relax movement restrictions.  

So, we should start an inquiry immediately with the initial purpose of simply gathering and sharing evidence - hearings can come later.  This will avoid pulling key staff from critical healthcare roles, whilst enabling the public to understand the true cost of relaxing lockdown, whilst also simultaneously allowing us to judge for ourselves why the Government are taking the current action.

Those who have lost loved ones will be entitled to an inquiry, to address the many questions they will have. The Chair of the Inquiry should ensure that all relevant documents are maintained, and that people will not be able to use the excuse that they have forgotten events.  This approach will give the bereaved a forum to voice their concerns now, not in years to come when it’s too late to have effective change.

Let’s implement the lessons we’ve learnt from other national tragedies so we can be confident in the knowledge that this one has been dealt with appropriately, considering the life and death decisions that are being made now hour by hour.

Elkan Abrahamson, Director & Head of Major Inquiries at Broudie Jackson Canter

Elkan is currently supporting and advising the Covid-19 Bereaved Families for Justice UK group. He has represented families in the Hillsborough and Birmingham Pub Bombing Inquests, advised family lawyers in the Grenfell Inquiry and currently represents families in the Manchester Arena Inquiry.

You can also find the Covid-19 Bereaved Families for Justice UK group on Twitter @CovidjusticeUK

You can find out more about the next steps in the fight for justice for those who have lost loved ones to Covid-19. If you have any questions about the Inquiry, the next steps and what is involved, visit our Covid Inquiry Questions page.