Families of Covid victims launch court fight to prove state caused the deaths
Bereaved families will start a battle at the High Court today to try to prove loved ones who died of Covid were failed by the state.
They blame a lack of testing in hospitals and care homes. It came at around the time of a decision by then Health Secretary Matt Hancock to order the discharge of untested patients from packed hospitals back into care homes. One of the bereaved said: “The deaths must not be brushed aside.”
Relatives are arguing the state failed to protect people under the Human Rights Act. James Steele, whose mum Elizabeth died at 86 after catching the virus in hospital, said: “I believe it was a total betrayal of a generation. They built the NHS and... the NHS let them down.” The claims follow a High Court ruling last year that Government policies on discharging hospital patients into care homes at the start of the pandemic were unlawful.
Law firm Leigh Day said the action concerns 30 deaths near the beginning of the pandemic, with many involving patients infected with the virus who were transferred from hospitals into care homes. The legal claims have been issued in the High Court against the Health Secretary, the care homes and hospital trusts.
Victims' relatives point to a lack of testing in hospitals and care homes (PA)The 30 deaths include married couple Frederick and Elsie Bethell. Their son Stephen said: “The passing away of loved ones in circumstances such as these should not be brushed aside with no proper explanation.” His parents had lived at Parklands Manor care home in Surrey for just over a year. In March 2020, elderly hospital patients were discharged into care homes without testing or a requirement for them to isolate.
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It allowed asymptomatic transmission of the virus. Mr Hancock said at the time the Government had put a “protective ring” around care home residents. Lawyers said the families plan to argue the state failed to protect their rights through failures to publish procedures, appropriate guidance and rules for care homes, healthcare settings and hospitals.
The High Court proceedings will start properly next March. Today’s initial hearing is two days after what would have been former dinner lady Maureen Nottage’s 90th birthday. She died aged 86 at her care home. Her daughter Kim said: “Mum’s one wish was not to die alone, [but] that’s exactly what happened.”
Maureen was admitted to hospital in December 2019 after breaking her leg. She was discharged to the Aspen Court care home in Poplar, East London, in February 2020 and fell ill within weeks. Kim says the gran had Covid. Kim, 59, added: “There are questions to be answered by those at the top. When you look at Partygate, and Dominic Cummings and Boris Johnson who broke the rules, it’s clear there was a culture of ‘do what I say, not as I do’.”
The previous High Court judgment said there were many deaths due to not taking account of the growing appreciation that asymptomatic transmission was a real possibility. The judgment found Government policies were irrational in failing to advise that asymptomatic patients admitted to a care home should be kept apart from other residents for 14 days.
Law firm Leigh Day said previously its clients believe guidance the Health Secretary issued in the early weeks of the pandemic led to thousands of unnecessary deaths. The Department of Health and Social Care said: “Throughout the pandemic, our aim was to protect as many people as possible and we specifically sought to safeguard care home residents.
“We provided billions of pounds to support the sector, including on infection and prevention control, free PPE, testing and priority vaccinations.”
Elsie and Frederick’s story
Care home residents Frederick and Elsie Bethell died within 16 days of each other, just after lockdown was announced in 2020. Their son Stephen Bethell is seeking answers about decisions taken on medical care for his parents, who had lived in a flat in Parklands Manor care home in Chertsey, Surrey, for just over a year.
Frederick and Elsie BethellFrederick Bethell, who had dementia, became ill with an apparent respiratory condition and died aged 90 in the care home on March 29 – on Elsie’s birthday. He was not tested for Covid but his family believe he had caught the virus. Mrs Bethell became ill soon after and at hospital tested positive for coronavirus.
She died on April 14 aged 85. Stephen, 56, of Dulwich, South London, said: “After more than three years I’m still seeking answers to questions and looking for some accountability. People in senior appointments, in and out of Government, were making decisions that ultimately determined whether people would live or die and it seems now that nobody is prepared to own responsibility for the consequences of those decisions.” Stephen has questioned why they did not get medical attention sooner and said accessing their medical records had been difficult.
Elizabeth’s story
Former pub landlady Elizabeth Smith, 86, was living independently at home before going to hospital for what was supposed to be an outpatient appointment. Instead of having a cannula inserted then going home as planned she was admitted to Kettering General Hospital as an inpatient to have antibiotics administered.
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Once on the wards which her family says were not segregated between Covid and non-Covid patients because of a lack of tests it is believed she contracted the virus. Her son James Steele said: “I was told they’d kept her in to administer the antibiotics and she’d be out in a couple of days.
James with mum Elizabeth (centre)“I was told she was in a ‘green zone’ which was Covid-free. Later on when I had to meet with the hospital when I put my complaint in about it they admitted there were no green zones. This was a government excuse to reassure the public that they were safe.” James, of Wellingborough, Northamptonshire, had to arrange a home care package and his mum was discharged but quickly deteriorated.
He said: “I’ve got videos just before she went into hospital, she was great, great colour, great attitude. She was loving life. Once you come out of hospital she was a totally different person. She was confused. Not well at all. I know now these were classic symptoms for the elderly, who had Covid but again, I was told she was Covid free.”
After a couple of falls at home Elizabeth had to be admitted to Northampton General Hospital. James said: “We got a phone call to say ‘your mother’s dying - you’ve got half an hour’. “I’d describe them as ‘dying rooms’. We were in one of these rooms with a patient and carers holding their hands just as they went.” James said that after her death Elizabeth was diagnosed as having Covid from X-rays.
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