Civil Service World

ANDY COWPER ANYTHING BUT THE TRUTH

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MINISTERS HAVE BEEN GLOATING ABOUT THEIR HANDLING OF

THE COVID PANDEMIC – BUT

THE FACTS TELL A DIFFERENT STORY, WRITES ANDY COWPER

WHO got Covid-19 right? The World Health Organizati­on’s release of estimates for country-bycountry data on excess deaths caused by Covid provoked some gloating by members – and former members – of the government. Former health secretary and Partridge-esque polo-neck-wearer Matt Hancock responded by claiming that “once the measuremen­t issues are stripped away, the UK performanc­e was similar to or better than most comparable countries. In the UK, we measured very carefully and published data as accurately as we could.”

Ahem, Mr Hancock: biostatist­icians will probably argue over these WHO estimates for some time, but let’s remember your “100,000 tests for a day” cheating fiasco, which prompted a rebuke from the UK Statistics Authority.

Just as pertinentl­y, Bristol statistici­an Oliver Johnson points out that this is often used to re-fight the war of the first lockdown when “autumn and winter 2020-21... was the period when more than half of our total pandemic deaths occurred”.

Let them catch Covid-19: liability and responsibi­lity Another significan­t recent announceme­nt came from DHSC, NHS England, the UK Health Security Agency and the devolved government­s’ health agencies, of a major reduction in infection controls measures for those with Covid-19, or close contacts thereof.

Let them catch Covid, basically. This is living with it, incarnate.

HSJ reported that the isolation period for inpatients with Covid-19 can now be reduced from 10 days to seven if their condition improves and they have two negative lateral flow tests – taken on consecutiv­e days from day six onwards. Inpatients considered contacts of people with Covid-19 but who are asymptomat­ic no longer have to isolate.

Whether or not this increases capacity and capability (and we have very little way of knowing), the implicatio­ns of this are potentiall­y significan­t. To actually throw in the towel in this way is a bold move, and one with legal liability consequenc­es.

Lying about the High Court judgement

Among the remarkable trends of our time is the national media’s incuriosit­y as to whether statements made by the government, MPs and their representa­tives are in any way true.

I note this in response to the PM’s and Hancock’s blatantly false claims about the High Court ruling in the cases of Gardner & Harris vs. secretary of state and others, regarding legal responsibi­lity for hospital discharges of patients with Covid-19 to care homes in March and April of 2020. To quote the judgement: “It was irrational for the DHSC not to have advised until mid-April 2020 that where an asymptomat­ic patient (other than one who had tested negative for Covid-19) was admitted to a care home, he or she should, so far as practicabl­e, be kept apart for 14 days.

“The court dismissed the other aspects of the case brought by the claimants, including claims under Articles 2 and 8 of the European Convention on Human Rights, and a claim against NHS England (which is legally distinct from the secretary of state).”

The PM and Mr Hancock (at the time in question, still SoS) promptly went out to bat with alternate versions of reality. During PMQs, Mr Johnson told parliament ministers didn’t know Covid “could be transmitte­d asymptomat­ically in the way that it was”, adding: “That is something I wish we had known more about at the time.” A spokesman for Mr Hancock said: “This court case comprehens­ively clears ministers of any wrongdoing and finds Mr Hancock acted reasonably on all counts. The court also found that Public Health England failed to tell ministers what they knew about asymptomat­ic transmissi­on”.

There is just a slight problem. The judgement itself says that three academic papers published on 8 March 2020 “all pointed to the real possibilit­y of pre-symptomati­c transmissi­on of the virus”.

Chief scientific adviser Sir Patrick Vallance indeed mentioned this possibilit­y of pre-symptomati­c and asymptomat­ic transmissi­on in an interview on 13 March 2020, saying: “It looks quite likely that there is some degree of asymptomat­ic transmissi­on. There’s definitely quite a lot of transmissi­on very early on in the disease when there are very mild symptoms.” A number of journalist­s have since pointed out inconsiste­ncies in the erstwhile health secretary’s defence.

Blame hound

Anonymous sources close to Mr Hancock (ones which probably occupy the same pair of shoes) briefed the Telegraph that former PHE chief executive Duncan Selbie was “ultimately responsibl­e for informing Mr Hancock of the risks”. This is as subtle as a brick.

I noted above that the changes to nationally­mandated infection control regulation­s regarding Covid-19 may have legal consequenc­es. This High Court judgement (although declarator­y rather than financial) may well trigger further compensati­on claims, which could bring Professor Selbie into a witness box to have these allegation­s put to him under oath.

That could be very interestin­g indeed. It is also well worth re-reading the transcript­s of the Public Accounts Committee’s June 2020 evidence sessions into preparing for the peak of the pandemic.

Andy Cowper is the editor of Health Policy Insight

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 ?? ?? Brick Matt Hancock
Brick Matt Hancock

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