The Scotsman

Dischargin­g Covid patients into care homes investigat­ed by Crown Office

- By CONOR MATCHETT conor.matchett@jpimedia.co.uk

The Crown Office is investigat­ing whether the discharge of untested and positive Covid-19 patients into care homes contribute­d to the deaths of thousands of care home residents, The Scotsman can reveal.

Detailed informatio­n about whether a patient was discharged to a care home alongside their test status, including whether they were tested prior to discharge, received a negative test result or were discharged despite having tested positive for Covid, was requested by the Lord Advocate early this year, correspond­ence reveals.

This means the Scottish Government policy to allow the discharge of untested individual­s to care homes early in the pandemic – later changed – will be central to the investigat­ion of potentiall­y thousands of care home deaths caused by the pandemic. After each death is assessed by the Crown Office, the deaths could be the subject of a fatal accident inquiry or prosecutio­n.

In the early stages of the pandemic, the Scottish Government was advised that spare capacity in hospitals was required to cope with Covid.

Despite Scotland locking down on March 23 last year, it took almost a month for guidance to state that it was mandatory for hospital patients to have two negative Covid tests before being discharged and for care home admissions to isolate for two weeks.

Statistics show 82 per cent of the more than 3,500 discharges into care homes between March 1 and April 21, 2020, were not tested.

Correspond­ence from Public Health Scotland (PHS), obtained by The Scotsman, confirms the decisions taken by clinicians in line with government guidance of the time will be taken into account by the Crown Office when assessing each covidc are home death.

The Scottish Government has maintained its policy during the early stages of the pandemic did not lead to outbreaks in care homes. However, the decisions made over discharges into care homes will be taken into account by the Crown Office.

Emails sent in February within PHS discussed whether to release detailed informatio­n on care home discharges.

They state: “The Lord Advocate is investigat­ing deaths in care homes and has asked PHS to provide identifiab­le informatio­n for all those who were discharged to care homes and their test status… during march to May. There is a concern that releasing this FOI informatio­n into the public domain could affect this investigat­ion.”

The investigat­ion – known as Operation Koper – is investigat­ing almost 3,500 deaths in care homes, including the 1,754 deaths which took place before guidance was issued that required any confirmed or presumed Covid death where the victim contracted the disease in a care home to be reported to the Crown Office.

The Crown Office said: “The Crown Office and Procurator Fiscal Service has establishe­d a dedicated team to deal with reports-of-covid-19-or-presumed Covid-19 deaths in care homes or where the deceased may have contracted the virus in the course of their employment.”

The Scottish Government said: “It would be inappropri­ate to comment on any live investigat­ion by the independen­t Crown Office and Procurator Fiscal Service.”

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