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National
Brian Farmer & Sam Volpe

Discharging patients into care homes during Covid pandemic was 'unlawful', High Court rules

The Government's policy of discharging patients from hospitals to care homes in the early stages of the Covid-19 pandemic was "unlawful", the High Court has ruled.

Judges have found that the Government failed to take into account the risk of catching Covid-19 posed by the discharge of asymptomatic people back into care homes - and that this meant elderly and vulnerable residents were not protected. The legal action was taken by Dr Cathy Gardner, whose father Michael Gibson died, and Fay Harris, whose father Donald died against Health Secretary Sajid Javid, NHS England and Public Health England.

The ruling was delivered by Lord Justice Bean and Mr Justice Garnham after a hearing a the High Court in London in March. Lawyers representing Mr Javid, NHS England and Public Health England fought the claim.

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