Covid Inquiry FAQs – Client Webinar – June 2022
In June 2022, we hosted the fourth in a series of 'Live Newsletter Webinars' for our clients as an opportunity to provide them with important updates, and to give them a chance to ask us questions, live. This webinar invited Dr Oliver Lewis from our counsel team, and Dr Cathy Gardner, litigant in the Gardner Case, to discuss the outcomes and implications of the case ruling. Elkan Abrahamson was then joined by Pete Weatherby QC to discuss the Chair's upcoming Listening Project.
You can see a comprehensive list of the questions asked and our answers below.
Gardner Case
Q. In the first wave is it significant that, at this time, I believe the Delta variant was considered extremely transmissible and is this a factor when considering subsequent variants?
A. This question was raised in the context of discussion over the Gardner Judicial Review and the answer is that the degree of transmissibility was not decisive to the Judicial review (which was decided on the basis that the Secretary of State failed to take into account relevant information on asymptomatic transmission).
Q. Has there been any consideration of the competence, training and supervision of care staff with regard to PPE and working in a care home environment where COVID had been identified?
A. This is something which should be investigated by the Inquiry in due course.
Q. Does this also cover people sent home from hospital that had not been tested because they weren’t being discharged to a care home?
A. The Judicial review did not cover transfers to homes but the rationale applies equally.
Q. Would some of these issues apply to hospital settings in that period?
A. The Gardner ruling was limited to transfers from hospitals into care homes.
Q. Does this imply misconduct in public office on Matt Hancock's part?
A. It is a possibility but misconduct in public office requires more than failing to consider relevant information.
Q. Could those whose loved ones died because they were discharged without proper consideration issue proceedings against PHE and the Secretary of State? If not, are my parents deaths and others with similar circumstances covered by the recent ruling?
A. The ruling was restricted to the facts of the case so it is difficult to answer this without more information as to dates. Also it is a declaration not a finding of civil or criminal liability.
Q. Would the disgraced former Health Minister potentially be guilty of misconduct in public office for his lack of action?
A. Misconduct in public office requires more that a declaration of unlawfulness. The outcome from the Gardner case was just a declaration, it was not a finding of civil or criminal liability.
Q. Will this case have any effect or recourse on the impact of care home staff deaths?
A. Not directly but it confirms that the Secretary of State acted unlawfully for a limited period. The Inquiry is likely to look into this.
Q. If the government were reluctant to deliver evidence to the court case may they do a similar thing in the Inquiry and if so is there any other way of accessing evidence?
A. There may well be reluctance but the Inquiry (once set up) has the power to compel production of documents. We will pursue disclosure with vigour.
Q. They could have been discharged into the Nightingale Hospitals. I don't think they were used in the end. Is this correct?
A. Very little use was made of the nightingale hospitals. You may find this article interesting: https://www.huffingtonpost.co.uk/entry/nightingale-hospitals-covid-patient-numbers_uk_605a0dd6c5b6cebf58d220eb
Q. Was there any consideration given to the nature of care homes? I think the clue is in the name as they tend to try and replicate the resident’s home environment and are thus not clinical settings and this will impact on the facilities for infection control.
A. This wasn't considered relevant in the Judicial Review but may be considered in the Inquiry.
Listening Project
Q. What are the chances our pen portraits etc. will be used in the way they are intended to be used?
A. We cannot predict this I'm afraid, but we are seeking views so that we can make a proposal and assist the Inquiry taking the right approach.
Q. I am happy with a pen portrait and statement. However, I am keen to give evidence. How will individuals be selected to give evidence given there are thousands of families wanting to potentially do the same?
A. Ultimately the Chair will decide who gives evidence but we can make proposals. The recent advice and webinar was designed to inform everyone of the position and to seek feedback so we can make a proposal which meets the wishes of the families.
Q. Is there a deadline for feedback to come back to BJC before you approach the Chair with your recommendations?
A. Yes we would be grateful if you would send us your feedback by the 21st June 2022.
Q. Are there any documents we can help provide?
A. In due course we will be asking for any relevant documents. Please keep an eye on the emails and newsletters we send out.
Q. How long should the pen portrait be?
A. There are no rules over length or format (at least not yet). Purely as a guide written pen portraits would normally be no more than a few typed A4 pages. It may be possible for Pen Portraits to be provided in video form.
Q. Who in a hospital do you contact to obtain hospital records?
A. You can ask for the department that deals with medical records and they will advise you how to obtain the records. This varies from trust to trust. Some hospitals have an online portal, some have a records officer, some have an information officer. PALS in England might help, they can be reached through the hospital or by using this website: https://www.nhs.uk/service-search/other-services/Patient-advice-and-liaison-services-(PALS)/LocationSearch/363
Find more information on how to instruct free legal representation, how to join the Covid-19 Bereaved Families for Justice Group, and more.