Covid: Discharging hospital patients to care homes 'unlawful'

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The High Court says government policies did not take into account transmission risks to the elderly.

Government policies on discharging untested patients from hospital to care homes in England at the start of the Covid pandemic have been ruled unlawful by the High Court.

Jason Coppel QC also said in a written case outline for the judicial review that the care home population was known to be "uniquely vulnerable" to Covid-19. His cause of death was given as "suspected Covid" after the home took in a patient discharged from a hospital with the virus. She said the government's actions "exposed many vulnerable people to a greater risk of death - and many thousands did die".

"Since there is no evidence that this question was considered by the secretary of state, or that he was asked to consider it, it is not an example of a political judgment on a finely balanced issue."Those drafting the March Discharge Policy and the April Admissions Guidance simply failed to take into account the highly relevant consideration of the risk to elderly and vulnerable residents from asymptomatic transmission.

 

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