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In recent weeks it has come to light that the number of care home deaths due to the coronavirus pandemic amount to almost a third of the fatalities. Therefore, it is no surprise that the government faces the prospect of Judicial Review due to the policy regarding moving COVID-19 patients into care homes.

What is more unfortunate is that given the known factors about the nature of COVID-19 it was government guidelines up to 16th April 2020 to release patients from Hospital into care homes whether they were positive, negative or unknown. Official public health guidance issued on 25th February 2020 stated “it remains unlikely that people receiving care in care homes or in the community will become infected”.

The questions we must ask are on what basis and advice did the government come to this conclusion, considering the government advice provided on on 20th February 2020 stated “we must prioritise reducing the risk of transmitting the disease to others, particularly to people who may be more vulnerable such as older people or people with health conditions”. The data released by NHS England as of this week stated 19,124 individuals have been admitted to care homes from Hospital from 23rd March 2020 to 16th April 2020 and over 23,000 in the first 3 weeks of March, unfortunately it is highly likely that those admitted in early March were not tested for the virus.

It will be interesting to see what further developments regarding care homes come to light in the next few weeks and what actions the government could of taken in order to prevent the spread of the virus to those most vulnerable. All members of society deserve safe and proper care, especially those who are residing within a care home.

If you are concerned about the care received by you or a loved one please do not hesitate to contact our experienced Personal Injury team on 01484 821 500, fill out our online enquiry form or email us to discuss confidentially.