No social care voice in Covid strategy cost lives in care homes, inquiry told

The lack of social care voices in Scottish Government pandemic decisions “absolutely” cost lives in care homes, an inquiry has heard.

Donald Macaskill, chief executive of Scottish Care, told the Scottish Covid-19 Inquiry the Government was warned it needed to include frontline experience in policy-making, particularly in the decision not to immediately test hospital patients being discharged into care homes.

In evidence to the inquiry on Friday, he also said Operation Koper – a special Crown investigation into the circumstances of all care home deaths during the pandemic – has “broken” staff in the sector.

He told the inquiry it was a “real failure” of the Scottish Government not to have a social care director, similar to the clinical role held by Jason Leitch.

Asked by co-lead counsel to the inquiry Stuart Gale KC if that absence had an impact on the people being supported, he replied: “It has a profound impact.

“I have thought very carefully about what I’m about to say: I am absolutely convinced that the lack of engagement and involvement in planning the early stage of the social care sector in anything upward than presence… that lack did and sadly cost many people their lives, both staff and people who were residents in our care homes and citizens in our communities.”

Dr Macaskill also said a statement by then health secretary Jeane Freeman on May 5, 2020 following a spate of care home Covid outbreaks was an “unhelpful politicisation” when she implied some care homes were not following guidance.

He said some frontline care staff were “victimised or bullied” in their communities because they worked in a “death home”.

Referencing Operation Koper, which is still ongoing, he said it has been “devastating” for staff.

But he said those who had lost loved ones “deserve” to know whether error or inappropriate practice took place.

He added: “However, what we now have is four years on, we have thousands of staff whose professionalism has been called into question, over whom there is a weight of suspicion and a cloud hanging over.

“Sadly, that has resulted in individuals feeling they can’t continue in their role and making a decision to leave the sector.

“Tragically, it has resulted in individuals – and where as there is never one reason for somebody to take measures to harm themselves, I know personally there have been a number of individuals from whom investigations as part of Operation Koper, even having to fill out the 27 questions per death for each resident when you maybe lost 10 in the space of a week, even that process has broken them.

“There is a complete imbalance and I think personally it is a real stain on the justice system in Scotland that this disproportionate action still remains against a workforce who by vast majority tried to do their best.”

The Scottish Covid-19 Inquiry was established to discover the facts and learn the lessons of the strategic devolved response to the pandemic in Scotland, covering the period January 1, 2020 to December 31, 2022.

The Crown Office and Procurator Fiscal Service said it recognises the “devastating and lasting impact” the pandemic had on bereaved families.

A spokesperson said: “The pandemic resulted in over 6,000 Covid deaths being reported to the Procurator Fiscal since 2000 with currently 4,757 of those being care home deaths.

“This is the single most significant and challenging death investigation we have ever undertaken.

“Prosecutors continue to work with partner agencies to collate information from care homes, employers, NHS, and the Scottish Government for investigation.

“Decisions on further action are to follow.”

A Scottish Government spokesperson said: “Our deepest sympathies go out to all those who lost a loved one during the pandemic.

“The Scottish Government is committed to responding to the Scottish Covid-19 inquiry, as learning lessons from the pandemic is vital to prepare for the future.

“It would be inappropriate to comment on the detail of evidence being considered by the Scottish Inquiry while hearings are ongoing.”

The inquiry, before Lord Brailsford, continues.