Covid Inquiry FAQs – Client Webinar – December 2021

In December 2021, we hosted a 'Live Newsletter Webinar' for our clients as an opportunity to provide them with important updates, and to give them a chance to ask us questions, live. You can see a comprehensive list of the questions asked and our answers below. 

 

Q. Do we know which format the Inquiry will take... Statutory or Non-Statutory footing?

A. We can confirm that the Covid Inquiry will have Statutory footing.

 

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. Should civil servants be involved in collating evidence as surely this will give government first sight - thus negating any independence?

A. You're absolutely right. The Inquiry should have an independent legal team and we have explicitly asked for this, though it has not yet been confirmed if this will be the case.

 

Q. How much will the Inquiry look at hospital acquired Covid?

A. This issue will undoubtedly be a feature of the Inquiry; however we cannot say at this stage exactly 'how much' of the inquiry will focus on that one issue. We are aware of just how big of an issue hospital acquired covid has been throughout this pandemic so will make sure this is covered.

 

Q. As a senior judge doesn’t she know about the roles of panellists and witnesses?

A. As inquires are such huge processes that take many years, there aren't very many of them meaning any judge's experience of Chairing one is extremely limited.

 

Q. How is Inquiry going to include the different areas of England (for example, South West) and not be London-centric? Are Scotland, Wales and NI going to get their own Inquiries?

A. This topic will be addressed at a future webinar but for now we can say that the Inquiry not being London-centric is a priority for us.

 

Q. Will the issue of the 2020 Christmas parties be included in the scope of the Inquiry? also, can key people be ordered to attend?

A. We will ask for this issue to be considered under the topic of Government messaging.

 

Q. When do you realistically think the Inquiry will start?

A. We believe that it will realistically start in early 2023. However, we will be relentless in our campaigning for an earlier start and will not stop until the Inquiry is up and running.

 

Q. Will the Inquiry seek to examine the possible intent of the government to deliberately allow a certain amount of deaths as acceptable collateral damage in exchange for not imposing the first lockdown when it was actually needed.

A. As long as the Chair agrees to cover this, then yes. We will ask for this to be included.

 

Q. Has a timescale to be covered by Inquiry been stated by the PM?

A. Not yet, however the Chair will (at some point, hopefully sooner rather than later) set out a timetable for what she expects of the Inquiry.

 

Q. Also, will it investigate why very few actions recommended in previous pandemic planning exercises were actually carried out?

A. Yes, this is something that the Inquiry will cover.

 

Q. What will be required of us, as the families?

A. The Chair has yet to decide this, and this will be a topic for discussion in a future webinar. We will be in touch when we have plans set in place.

 

Q. Would panellists include anyone who has been directly affected by covid or would they be excluded?

A. It is possible for those affected by Covid to be panellists. We believe that panellists should in fact include those affected by Covid, however this will be the Chair's decision ultimately.

 

Q. Can the witnesses be from across devolved nations?

A. Yes, witnesses can be from devolved nations and we will be encouraging that.

 

Q. There was talk about the Inquiry possibly moving around the country (i.e. being held in different places) - is this likely?

A. This depends on whether the hearings are remote. If they are not remote it will be harder for the Inquiry to move around the country, but we will be pushing for itinerant hearings.

 

Q. Will any recommendations made be legally required to be implemented?

A. Unfortunately not, and this is a major failure of the system. We will, however, be suggesting ways round this. For example, Baroness Hallett can make recommendations as the Inquiry progresses and can give the institution direction to implement those changes, and then come back and explain what they have and have not done.

 

Q. If the national Inquiry (and any inquiries at the devolved level) discover anything that demonstrates there was a national failing at the heart of government, can the inquiry bring the Prime Minister/First Ministers to answer their questions?

A. The short answer is yes, those found to be responsible for failures can be brought before the judge to answer questions.

 

You can find more information on how to instruct free legal representation, how to join the Covid-19 Bereaved Families for Justice Group, and more.