Tom Lumsden, a partner at Tunbridge Wells-based solicitors CooperBurnett LLP, takes a legal look at care home visitor guidance in light of the Covid-19 pandemic
The Department of Health & Social Care (DHSC) is facing a legal challenge from a charity by way of judicial review of its guidance on visiting care homes, which was issued in July.
The challenge is being brought by John’s Campaign, whose lawyers sent a pre-action protocol letter to Health Secretary Matt Hancock, to challenge the legality of the guidance governing visits since lockdown ended, on the basis that the guidance discriminates disproportionally against those suffering from dementia. The charity claims the guidance is unlawful.
It is useful to have a more detailed look at the DHSC guidance, the first priority of which states that it is to reduce the risk of Covid-19 in care homes and prevent future outbreaks, to ensure the health and safety of both care workers and residents. The guidance stated that care home visits could resume once local directors had decided it was safe to do so.
Log in or register FREE to read the rest
This story is Premium Content and is only available to registered users. Please log in at the top of the page to view the full text.
If you don't already have an account, please register with us completely free of charge.
