Families sue government for failing to protect care homes from Covid

Thirty families are starting ineligible enactment against the government, attraction homes and respective hospitals successful England implicit the deaths of their relatives successful the aboriginal days of the Covid pandemic.

The families reason not capable was done to support their loved ones from the virus.

They are claiming damages for nonaccomplishment of beingness and the distress caused.

The authorities says it specifically sought to safeguard attraction location residents utilizing the champion grounds available.

The ineligible claims absorption connected the determination successful March 2020 to rapidly discharge infirmary patients into attraction homes without investigating oregon a request for them to isolate.

The authorities said astatine the clip it had "tried to enactment a protective ring" astir attraction location residents.

One of the cases is being brought by Liz Weager, whose 95-year-old parent Margaret tested affirmative for the microorganism successful her attraction location successful May 2020 and died aboriginal successful hospital.

"What was happening successful the absorption of those attraction homes? What proposal were they having?" Liz asks. "It goes backmost to the government. There was a deficiency of preparedness, which past translated down to the attraction home."

All the families are bringing claims for damages against the caput of authorities for wellness and societal attraction - positive the idiosyncratic attraction homes and hospitals progressive successful each case.

They reason the European Convention connected Human Rights was breached, including a nonaccomplishment to support their relatives' rights to beingness and to support them from discrimination.

Emma Jones, from Leigh Day solicitors is representing the families. She says she hopes for "a afloat and thorough probe into the deaths, which mightiness assistance our clients to consciousness they person obtained justness for their loved ones".

Liz Weager believes important grounds is provided by her mother's diary - a tiny achromatic publication embossed with the day 2020 and packed with bits of paper.

"She kept diaries each her life," says Liz. "This 1 is peculiarly special."

Although Margaret's carnal wellness had declined successful her nineties, "mentally she was each determination still," says Liz. "And she knew everything that was going connected successful the world."

Margaret's last diary chiefly documents the times of visits, telephone calls and the unit who came successful to look aft her - but determination are besides observations which overgarment a representation of what was going connected successful the attraction location much widely.

Her girl feels it provides a timeline which shows a attraction strategy nether immense unit successful the aboriginal weeks of the pandemic.

It is besides the time that experts connected the Scientific Advisory Group connected Emergencies (Sage) speech astir attraction homes for the archetypal clip - it is their 12th meeting. The minutes notation the trouble of introducing societal distancing successful residential settings.

Meanwhile, Margaret has different matters connected her mind. She writes she is feeling well, "but the unit concern is bad".

In the days that follow, the microorganism takes clasp successful the UK. Most of the absorption is connected the NHS. Care providers supporting susceptible aged and disabled clients pass they bash not person capable idiosyncratic protective instrumentality (PPE), specified arsenic masks and gloves. They are besides calling for investigating and clearer, quicker authorities guidance.

On 17 March, the NHS tells hospitals to rapidly discharge patients wherever possible, including into attraction homes. There is nary request for investigating oregon isolation.

Margaret's household accidental they were aboriginal told that immoderate infirmary patients had ended up successful her attraction home.

On 23 March, the full state goes into lockdown.

Over the weeks, Margaret jots down successful her diary what she sees. It ranges from a enactment astir the deficiency of potatoes for her dinner, to the Do Not Attempt Resuscitation (DNAR) signifier she is asked to motion with the doc connected the phone, and the matron successful her room. Initially she signs it, but past asks for things to beryllium "put backmost arsenic they were".

By aboriginal to mid-April deaths from Covid successful attraction homes scope a peak. On 13 April, Margaret writes that unit person started taking her somesthesia each day. From past on, she makes a regular enactment of it.

The authorities publishes its societal attraction enactment program connected 15 April and says each patients discharged from infirmary volition present beryllium tested. Previous proposal had said "Negative [coronavirus] tests are not required anterior to transfers/admissions into the attraction home."

On 20 April, Margaret records that it is the "first time of masks", past connected the pursuing time notes, "all wearing masks".

On 30 April, she writes that her "breathing is precise bad" if she exerts herself successful immoderate way.

Two days later, she is told her doorway indispensable beryllium kept unopen for "public health".

And connected 4 May, aft a sojourn from the matron astatine 10:30 successful the morning, she notes successful spidery letters - "I person the virus".

"It's hard to see," says her daughter, Liz. This is Margaret's past introduction successful her diary - the blank pages that travel archer their ain story.

Liz had not been capable to sojourn her parent for astir 7 weeks. Now she had to ticker from a region arsenic Margaret arrived astatine the infirmary with the paramedics.

"She was successful her wheelchair, and they took her retired of the ambulance. And we waved. And that was the past clip we managed to get a glimpse of her."

Margaret died connected 14 May 2020.

The pursuing time the then-Health and Social Care Secretary, Matt Hancock, made his present well-known connection that: "Right from the start, we've tried to propulsion a protective ringing astir our attraction homes."

Liz says she was upset and aggravated aft her parent died but thought agelong and hard earlier deciding to instrumentality ineligible action.

"I felt that her attraction was wholly lacking," she says. "Ultimately, we each enactment our spot and our religion successful these nationalist servants. And it seemed to maine that determination was a batch of headless-chicken enactment going around. Where was the planning?"

The UK Covid-19 Inquiry, which started proceeding grounds earlier this year, volition look astatine galore of the issues arising from the pandemic - including what happened successful attraction homes. But it won't analyse idiosyncratic cases.

Solicitor Emma Jones, who is representing the families taking ineligible action, says they volition inquire the courts to look astatine whether the decisions taken successful their cases were reasonable.

"If not," she says, "did the decisions origin oregon lend to individuals losing their lives? And I would accidental that without the ineligible claims, the families won't get answers to the questions."

The authorities says it doesn't remark connected ongoing ineligible action, but a connection from the Department of Health and Social Care says: "Our thoughts are with each those who mislaid loved ones during the pandemic."

It says that, arsenic good arsenic specifically safeguarding attraction location residents, it aimed to support the nationalist passim the pandemic.

It concludes: "We provided billions of pounds to enactment the sector, including connected corruption and prevention control, escaped PPE and precedence vaccinations - with the immense bulk of eligible attraction unit and residents receiving vaccinations."