Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner.

Women await ruling after challenging Government pandemic care home policy

ONE EDITORIAL USE ONLY. NO SALES. NO ARCHIVING. NO ALTERING OR MANIPULATING. NO USE ON SOCIAL MEDIA UNLESS AGREED BY HOC PHOTOGRAPHY SERVICE. MANDATORY CREDIT: UK Parliament/Jessica Taylor Handout photo issued by UK Parliament of Conservative former health secretary Matt Hancock responds after Health Secretary Sajid Javid updated MPs on the government’s coronavirus plans, in the House of Commons, London. Picture date: Monday November 29, 2021. Two women whose fathers died from Covid-19 are waiting for a ruling by judges after complaining that the Government failed to protect care home residents during the pandemic. Cathy Gardner, whose father Michael Gibson died, and Fay Harris, whose father Donald died, have taken High Court action against Health Secretary Sajid Javid, NHS England and Public Health England.
ONE EDITORIAL USE ONLY. NO SALES. NO ARCHIVING. NO ALTERING OR MANIPULATING. NO USE ON SOCIAL MEDIA UNLESS AGREED BY HOC PHOTOGRAPHY SERVICE. MANDATORY CREDIT: UK Parliament/Jessica Taylor Handout photo issued by UK Parliament of Conservative former health secretary Matt Hancock responds after Health Secretary Sajid Javid updated MPs on the government’s coronavirus plans, in the House of Commons, London. Picture date: Monday November 29, 2021. Two women whose fathers died from Covid-19 are waiting for a ruling by judges after complaining that the Government failed to protect care home residents during the pandemic. Cathy Gardner, whose father Michael Gibson died, and Fay Harris, whose father Donald died, have taken High Court action against Health Secretary Sajid Javid, NHS England and Public Health England.

Two women whose fathers died from Covid-19 are waiting for a ruling by judges after complaining that the Government failed to protect care home residents during the pandemic.

Cathy Gardner, whose father Michael Gibson died, and Fay Harris, whose father Donald died, have taken High Court action against Health Secretary Sajid Javid, NHS England and Public Health England.

They asked two judges to make declarations that unlawful decisions were made.

Lord Justice Bean and Mr Justice Garnham are due to deliver a ruling on Wednesday after considering arguments at a High Court in London in March.

Lawyers representing Mr Javid, NHS England and Public Health England are fighting the claim.

Dr Gardner, who has an academic qualification, is in her 60s and from Sidmouth, Devon.

She said her father had died at the age of 88 at a care home in Bicester, Oxfordshire, in April 2020.

A barrister representing the two women told Lord Justice Bean and Mr Justice Garnham that between March and June 2020 – when Matt Hancock was Health Secretary – more than 20,000 elderly or disabled care home residents had died from Covid-19 in England and Wales.

Jason Coppel QC said the fathers of Dr Gardner and Ms Harris were part of that “toll”.

“The care home population was known to be uniquely vulnerable to being killed or seriously harmed by Covid-19,” said Mr Coppel in a written case outline.

“The Government’s failure to protect it, and positive steps taken by the Government which introduced Covid-19 infection into care homes, represent one of the most egregious and devastating policy failures in the modern era.”

Mr Coppel told judges: “That death toll should not and need not have happened.”

He added: “Put together, the various policies were a recipe for disaster and disaster is what happened.”

Mr Coppel said other countries, particularly in the Far East, had shown the way to safeguard residents by stopping the virus getting into care homes.

Sir James Eadie QC, who represented Mr Javid and Public Health England, said the women’s claim should be dismissed.

“This is a judicial review challenge to six specific policies made in the early stage of the pandemic,” he told judges.

“As the evidence demonstrates, the defendants worked (and continue to work) tirelessly to seek to protect the public from the threat to life and health posed by the most serious pandemic in living memory, and specifically sought to safeguard care homes and their residents.”

He added: “The lawfulness of the decisions under challenge must be assessed in the context of the unprecedented challenge faced by the Government and the NHS at that time, in particular March and April 2020.”

Eleanor Grey QC, who represented NHS England, also argued that the claim should be dismissed.

A Government spokeswoman had said during the hearing, in a statement outside court: “Every death is a tragedy and we worked tirelessly to protect the public from the threat to life and health posed by the pandemic and specifically sought to safeguard care homes and their residents.

“We have provided billions of pounds to support the sector, including on infection and prevention control, free PPE and priority vaccinations – with the vast majority of eligible care staff and residents now vaccinated.”