Frequently Asked Questions relating to the Covid Inquiry Terms of Reference
Q. To what extent does the structure of the Terms of Reference govern the structure of the Inquiry and how it is managed?
A. The Terms of Reference is the scope for the Inquiry so everything within it will be looked into. We will know more about the structure once the Inquiry is set up. We are actively trying to get the Inquiry team to discuss the process with us and how it will be organised.
Q: Does agreeing to the Terms of Reference and having a confirmed start to the Inquiry mean that all legal fees will be paid by the Government?
A: Yes, we are not charging anyone for representation. Our work will be funded by the government’s costs scheme.
Q. Can you confirm that the fact that hospitals discharged infected people directly into care homes is covered in the ToR?
A. The Chair's recent recommendations would cover that. ‘The management of the pandemic in care homes and other care settings, including infection prevention and control, the transfer of residents to or from homes, treatment and care of residents, restrictions on visiting, workforce testing and changes to inspections' Para 1 (b) (v) in the Terms of Reference.
Q: How are you collecting evidence for hospital deaths from Covid? is this via witness statements? Will the Terms of Reference cover the mental health of those people who have suffered as a result of the way in which their relatives died and surrounding circumstances and any subsequential financial loss e.g., losing jobs, work. Also, will the Terms of Reference cover financial loss from the government's policies of protecting trespassers as against landlords over the pandemic period which also caused substantial losses to many including losing pensions.
A: It is the Inquiry's job to collect evidence but yes, we are inviting witness statements which we will start to compile once the costs position has been confirmed. We are waiting for the list of issues to tell us exactly what will be covered by the Inquiry's Terms of Reference.
Q. Will the Terms of Reference include the frailty score used in hospitals during the pandemic?
A. The Terms of Reference will be set by the Secretary of State/Prime Minister when they set the Inquiry up. The frailty scores are likely to emerge as part of the evidence to be examined within the overall context of hospital care.
Q. Will the Terms of Reference address how the government performed in relation to other countries?
A. This Inquiry will look into how the devolved nations (Wales, Scotland, and Northern Ireland) dealt with the pandemic. The current Terms of Reference state that the Inquiry shall also 'have reasonable regard to relevant international comparisons.' It is obviously imperative that the Inquiry learns why certain parts of the world had very different mortality rates, as that evidence will assist in making appropriate recommendations for the future.
Q: Would the Inquiry be able to look at structural racism in relation to Covid deaths? I understand that the ToR excluded ethnicity, but there is a disproportionate level of vulnerability and death among BME people.
A: Yes, we will be urging the Inquiry to look at structural racism. The Terms of Reference specifically refer to the Equality Act.
Q. Is there a reason why the Inquiry Terms of Reference could not / should not include the (unforgivable) Gov decision to not hold an Inquiry with Rapid review phase until 2022?
A. This issue will be addressed in the course of the Inquiry. We're not sure that this needs to be a specific term of reference as the plan is to secure Terms of Reference that are fairly broad and allow us room to bring forward issues such as this one.
Q. Does the Prime Minister still get the final say on the Terms of Reference even if Lady Hallett says certain things should be included?
A. Yes, the Prime Minister has the final say on Terms of Reference (which is a problem with the Inquiries Act 2005). However, it will be hard for him to reject her recommendations. Also, the Terms of Reference can be altered at any point during the Inquiry, so we will continue to push for everything that is relevant to be properly investigated.
Q. Do the Terms of Reference cover the delay in holding the Inquiry? If the Inquiry was carried out earlier, valuable lessons might have been learnt that could have helped us deal with the pandemic more effectively and efficiently
A. This is unlikely to be covered formally, although we have raised this point from the outset and we will continue to do so, in particular when we make our opening speech to the hearings. As you know, the Government has sought persistently to delay the Inquiry on the basis that the pandemic has been ongoing.
Q: If you were previously involved in being one of the families Lady Hallett spoke with as she travelled the country to consult on Terms of Reference, 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. Should the very fact that the Government has delayed the Inquiry - resulting in tens of thousands of deaths - be something that the Inquiry looks at?
A. We're confident that this issue will be raised in the course of the Inquiry although it is not in the Terms of Reference.
Q. Will ongoing failings be taken into account by the Inquiry?
A. The Terms of Reference cover events up to the setting up date of 28th June 2022. In theory they can be updated throughout the process of the Inquiry, so any future failings can be included but in practice securing an amendment would be difficult.
If you have lost a loved one to Covid-19, it isn't too late to join the Covid-19 Bereaved Families for Justice group. We're representing the bereaved families group in the upcoming Covid Inquiry, without any cost to them. Join the group today.
To find out more about how to instruct free legal representation, find answers to commonly asked questions and more, visit our Covid Inquiry page.