Prosecutors probe 238 Covid deaths while preparing to launch the biggest investigation in Scotland’s history

Huge inquiry into how and why virus victims died prompts warning that police and prosecutors risk being overstretched

Prosecutors are investigating 238 coronavirus deaths in what is likely to become Scotland’s biggest Crown Office inquiry involving thousands of victims.

The Lord Advocate James Woolfe established a special unit last month that will look at all deaths of care home residents and key workers and, we can reveal, inquiries into more than 200 deaths have been launched in the unit’s first month.

The deaths of 61 workers in the care sector, NHS or in public transport are already being probed by prosecutors, as well as 177 deaths in care homes. The number of deaths to be looked at by the unit will eventually run into thousands, leading to fears police and Crown resources will become overstretched.

The Lord Advocate said some investigations will be limited, others will lead to Fatal Accident Inquiries and some could be more extensive. A leaked Police Scotland report reveals senior officers are preparing to be involved in thousands of individual inquiries. Yesterday, Graeme Pearson, former head of the Scottish Crime and Drug Enforcement Agency, said: “The nature of the remit is without precedent. When we initiated a review of 60 or 70 drugs deaths there were more than 30 officers involved at various times. This is on a different scale. It will require a very significant response by Police Scotland in terms of the demands made on officers. It will be a real challenge.”

A senior source in Police Scotland said: “The Crown Office direction places considerable pressure on the police service. The service clearly understands the importance of supporting any investigations and appreciates any police involvement might give rise to some anxiety. This will be especially true for deaths that occurred some months ago and are only being subject to formal police reporting now. “Whilst the reasons for retrospective reports into the death are entirely understandable, the major investigation capacity of the service was arguably better placed to respond to these deaths in the early days of the pandemic than it is now, as routine demand continues to rise to pre-pandemic levels.”

The Lord Advocate set up a unit on May 21 to examine two categories of Covid-19 deaths – care home residents and key workers such as carers, frontline NHS workers, emergency services staff and public transport employees.

Official figures show the deaths of 29 transport workers, 23 carers and two health professionals have been linked to Covid-19.

Gary Smith, the leader of the trade union GMB in Scotland, said: “Ministers told us in February the country was well prepared for a significant outbreak of coronavirus. If that was true, then how did we get to a position where only one-fifth of ambulance service workers had been fitted with proper PPE (personal protective equipment) by the end of March while carers had

to wait until April just for basic guidance on PPE?

“At the same time as Scotland played catch-up on PPE, older people were being emptied from hospitals into care homes without proper testing and paramedics were being sent to emergencies without any details concerning the possible Covid-19 status of their patients. That doesn’t suggest we were well prepared. It suggests there was dither and disorder at the highest levels.

“The people responsible for the decisions that turned care homes into mortuaries and left frontline workers without proper protection must be held accountable, and we must understand why it happened. It is the least victims’ families deserve. It’s also the only way we can learn for the future.”

Mike Kirby, Scottish secretary of trade union Unison, added: “Providing care shouldn’t be dangerous for staff or residents. Key workers selflessly put themselves in danger and left their loved ones to care for ours, and the deaths in care homes has been unbearable. We must learn the lessons of what has happened.” More people have died in care homes than hospitals in Scotland since the Covid-19 outbreak began. There have been 1,917 deaths in care homes and 1,909 deaths in hospitals.

Care home deaths in 2020 are up 77% compared to the average from the previous five years, with 2,451 excess deaths recorded. Senior law lecturer Dr Nick Mckerrell said care home bosses could be prosecuted under health and safety law or corporate culpable homicide law. “Directors of companies could face criminal charges,” he said. “So in the next few months it is likely the legal system will have its own pressures as it deals with a large number of inquiries and criminal prosecutions.”

Police Scotland said last month it was investigating three deaths at Home Farm Care Home on Skye, where 10 residents died after contracting coronavirus. And last week the Crown Office confirmed a death at Drummond

Grange Care Home in Lasswade was under investigation. There has been criticism of a shortage of PPE for frontline key workers and a decision by the government to move elderly patients into care homes to clear hospital beds without testing them for the virus.

Shadow Health Secretary Miles Briggs said: “The scale of this investigation should set alarm bells ringing about decisions taken by Health Minister Jeane Freeman.

“Families deserve nothing but the truth and from the outset of this public health emergency we have seen failure after failure – from the lack of PPE available, to a failure in the testing regime to moving vulnerable people en masse out of hospitals into care homes. I’m determined to get answers for families and hold those responsible accountable.” Figures obtained by The Sunday Post show that in the past four weeks the Crown Office unit began inquiries into 177 care home deaths, 47 hospital deaths and 14 deaths elsewhere.

Lib Dem health spokesman Alex Cole-hamilton said: “The deaths in our care homes represent the tragedy of the handling of this crisis. The government ramped up the decant of patients from hospitals into care homes at the peak of the pandemic. “More than 1,000 people were moved into the heart of the most vulnerable communities without a coronavirus test and many care homes residents died.

“To hear that the Crown Office is investigating 177 deaths in care homes is a welcome start but it is really only the tip of the iceberg.” Assistant Chief Constable Duncan Sloan, lead for major crime and public protection, said: “Police Scotland is committed to fully supporting the review, and taking action as requested by Crown Office and Procurator Fiscal Service.”