Councillor blasts ‘unlawful’ act of discharging untested Covid patients back into care homes
THE Government’s ‘unlawful’ policies on discharging patients into care homes at the start of the pandemic have been branded ‘tragic’ and ‘disgraceful’ by a Lancashire County Councillor.
A ruling from the High Court this week said the Government’s own policies were ‘unlawful’ on discharging untested hospital patients into care homes until mid April 2020 despite the risks of asymptomatic transmission.
In Lancashire, hundreds of Covid patients were discharged from Lancashire hospitals into care homes at the height of the initial pandemic, according to national policy at the time, with dozens testing positive within 48 hours of leaving hospital grounds.
The criticism comes after two women took legal action after their fathers died from Covid-19 – Cathy Gardner, whose father Michael Gibson died, and Fay Harris, whose father Donald died – and partially succeeded in their claims against the Government on Wednesday.
This undermines claims made by the then Health Secretary, Matt Hancock, back in 2020, that he had thrown a “protective ring” around care homes, with the judges this week saying policies contained in documents released in March and early April 2020 were unlawful because they failed to take into account the risk to elderly and vulnerable residents from non-symptomatic transmission of the virus.
Now Lancashire County Councillor John Fillis, of the Labour group at Lancashire County council, has blasted what he said was the government’s ‘illegal act’ on ‘vulnerable’ people in Lancashire.
He said: “It’s absolutely tragic that so many people died prematurely due to the Conservative Government Policy.
“The way these vulnerable people were treated was disgraceful.
“Our thoughts are now with their family and friends who will have to live through their deaths again as they come to terms with this deliberate illegal act.
“The experts will confirm that the infection spread was predictable and the Conservative Government were well aware of this.
“The policy of herd immunity meant the elderly and vulnerable would suffer.
“The Conservatives in Lancashire can no longer defend this act.”
A special investigation by Lancs Live back in September 2020 showed that from March to June 2020, 267 Covid positive patients were discharged from three of Lancashire’s hospital trusts into care homes around the county.
Among these, 32 patients had tested positive for Covid less than 48 hours before being discharged from hospital.
Lancs Live reported at the time how Lancashire Teaching Hospitals NHS Foundation Trust, which manages Royal Preston Hospital and Chorley and South Ribble Hospital, had discharged 145 patients with coronavirus into care homes, with 17 testing positive for Covid-19 within 48 hours of being discharged.
Data to July 11, 2020 revealed there were 67 Covid-related deaths in care homes across Preston, Chorley and
South Ribble, the areas where the majority of people using the trust’s services are from.
Meanwhile, University Hospitals of Morecambe Bay NHS Foundation Trust, which manages Royal Lancaster Infirmary, discharged 40 Covid-19 positive patients into care homes, with 10 of these testing positive for Covid-19 within 48 hours of leaving hospital grounds.
Data to July 11, 2020 revealed how there were 46 care home deaths linked to coronavirus across Lancaster and Wyre.
Similarly, Southport and Ormskirk Hospital NHS Trust, which operates Ormskirk and District General Hospital and Southport and Formby District General Hospital, discharged 40 patients who had tested positive for coronavirus, with five or less patients testing positive for Covid 19 within 48 hours of being discharged.
West Lancashire, where Ormskirk and District General Hospital is based, saw 40 care home deaths linked to Covid-19 up to July 11, 2020.
At the time, Blackpool Teaching Hospitals NHS Foundation Trust and
East Lancashire Hospitals NHS Trust did not release numbers.
However, across Blackpool, Wyre and Fylde, there were 80 Covidrelated deaths in care homes until July 11, 2020, while there were 73 coronavirus-related deaths in care homes across East Lancashire boroughs including Burnley, Hyndburn, Pendle, Ribble Valley, Rossendale and Blackburn with Darwen.
Government advice until April 15, 2020 was that Covid-positive hospital patients did not need a negative test before being discharged into a care home.
Despite a change in policy a month into the pandemic, there were 279 care home deaths in Lancashire where Covid-19 was mentioned on the death certificate up until July 11, 2020, according to Office for National Statistics data back in 2020.
Separate figures released by the healthcare watchdog the Care Quality Commission, covering the period between April 10, 2020 and March 31, 2021, show there were 974 deaths of care home residents in that time.
These were either confirmed, or suspected, to be linked to Covid-19, according to the watchdog.
This does not mean the deaths of care home residents occurred at the care homes, as they may have died in hospital but were residents of a Lancashire care home at the time.
A spokesperson for Southport and Ormskirk NHS Foundation Trust said the trust followed national policy and guidance in relation to coronavirus and had done so throughout the pandemic.
A spokesperson for East Lancashire Hospitals and Blackpool Teaching Hospitals referred Lancs Live to NHS England, indicating it was a matter of Government policy.
The University Hospitals of Morecambe Bay NHS Foundation Trust said that the trust had followed all relevant national guidance, and again, referred us to NHS England.
A spokesman for Mr Hancock said on Wednesday that Public Health England (PHE) had failed to tell ministers what they knew about asympto- at the time. This was a wide-ranging matic transmission and he wished it claim and the vast majority of the had been brought to his attention judgement found in the government’s sooner, while Boris Johnson said on favour. the same day that he wanted to “The court recognised this was a “renew my apologies and sympa- very difficult decision at the start of thies”, adding: “The thing we didn’t the pandemic, evidence on asymptomatic know in particular was that Covid transmission was extremely could be transmitted asymptomatically uncertain and we had to act immediately in the way that it was and that to protect the NHS to prevent it was something that I wish we had from being overwhelmed. known more about at the time.” “The court recognised we did all
A Government spokesperson said: we could to increase testing capacity. “Our thoughts are with all those who “We acknowledge the judge’s comments lost loved ones during the pandemic. on assessing the risks of
“Throughout the pandemic, our asymptomatic transmission and our aim has been to protect the public guidance on isolation and will from the threat to life and health respond in more detail in due course.” posed by Covid-19 and we specifically An NHS spokesperson said: “We sought to safeguard care home residents welcome the court’s dismissal of all based on the best information claims against the NHS.”