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Government Policy was illegal

Writer's picture: Allan SharpeAllan Sharpe

"All of the residents on the top floor are COVID-positive," the nurse warned us as we put on protective overalls, masks and gloves and prepared to enter the care home.


In March 2020 Coronavirus ripped through communities.


On January 23rd 2020 Matt Hancock had told the House of Commons that “Coronavirus was of low risk to the UK, that the UK was well prepared, well equipped and world leaders in testing”. All 4 points were to prove false.

Some Care homes lost one third of their residents to covid 19. Care home staff were not prepared, nor equipped with Personal Protective equipment and gowns, masks, gloves. Neither were NHS hospital staff. The lessons from Exercises Alice and Cygnus had been ignored. What was worse though was that Hancock and Johnson knee jerked to empty much needed hospital beds and the elderly patients were sent untested to care homes, where they infected everyone there.




Studies were reported in the New Scientist 24 March 2020 The study concluded that 86 per cent of cases were “undocumented” – that is, asymptomatic or had only very mild symptoms (Science, doi.org/ggn6c2). The researchers also analysed case data from foreign nationals who were evacuated from the city of Wuhan, where the first cases were seen, and found a similar proportion of asymptomatic or very mild cases.


Read more: https://www.newscientist.com/article/2238473-you-could-be-spreading-the-coronavirus-without-realising-youve-got-it/#ixzz7RkLE465X Yesterday, that policy was deemed to be illegal by the High Court 27/04/2022

The judges found that several of his policies on moving patients from hospitals to care homes had been introduced or retained unlawfully.

They noted that the government's chief scientific adviser, Patrick Vallance, had spoken in media interviews about the risks of asymptomatic transmission before the policies were published.

"The drafters of those documents failed to take into account the risk to elderly and vulnerable residents from non-symptomatic transmission," a summary of the 75 page judgment said.

The judges also found that it was irrational for the health department not to have advised until April 2020 that patients admitted to a care home should be kept apart from other residents for 14 days, even if they had no COVID symptoms.



Yet Hancock and Johnson , think they were not to blame, instead they blame Public Health England for not advising them properly about asymptomatic patients, when that advice has been made public in press conferences etc.




This is yet another example of gross incompetence and dereliction of duty. It is also another example of their lies to cover up their blatant mistakes. It is yet another example of Gross Misconduct in Public Office a criminal common law offence punishable by life imprisonment. Hancock and Johnson´s gross incompetence cost lives, made tens of thousands suffer. Their acts needs to be punished and justice needs to be seen to be done.


Matt Hancock: Public Health England to blame for sending ...https://www.telegraph.co.uk › news › 2022/04/27 › dis...

13 hours ago — The High Court judges concluded that care home policies in March and April 2020 were "irrational" because they failed to advise



– What have the judges ruled?


Lord Justice Bean and Mr Justice Garnham concluded that 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.


There was no evidence that the then-health secretary Matt Hancock or anyone advising him addressed the issue of this risk to care home residents in England, they said.


The “growing appreciation” of the “real possibility” of asymptomatic transmission “ought to have prompted a change in Government policy concerning care homes earlier than it did”, they said.


They added that it was “irrational” for the Government not to have advised that asymptomatic patients should isolate from existing residents for 14 days upon admission.


– What was known about asymptomatic transmission at the time?


The risks of asymptomatic transmission were highlighted as early as March 13 by figures including the Government’s chief scientific adviser for England, Sir Patrick Vallance, who said it was “quite likely”.


A PHE paper was presented to the Scientific Advisory Group for Emergencies (Sage) in late January, who concluded that “asymptomatic transmission cannot be ruled out” in early February.


And a separate paper in early March suggested that ”pre-symptomatic transmission of Covid-19 constituted a very substantial proportion of all transmission”, the High Court was told.


– How have people reacted?


Bereaved families and care groups said the ruling proves the “protective ring” the Government said had been put around care homes was “non-existent”, a “sickening lie” and a “joke”.


Care groups said the sector had been “let down”, while Miss Harris said the Government’s actions had “exposed many vulnerable people to a greater risk of death”.


Mr Johnson said he wanted to “renew my apologies and sympathies for all those who lost loved ones during the pandemic”, while Mr Hancock said his thoughts were with the bereaved.


– What does this mean?


The ruling could pave the way for further legal action, Downing Street has acknowledged.


A spokesperson declined to speculate when asked whether there could be a mass compensation payout.


Michelle Penn, partner and head of care and occupational disease claims at law firm BLM, said the decision will likely have “far-reaching ramifications”.


She said it “arguably creates a precedent for other families to bring similar claims – including claims for personal injury – against the Government”.


































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