Potential impact of carers refusing to be vaccinated

As shown in the BLM Policy blog of 15 December 2020 (link here), COVID-19 (C-19) compensation claims appear to be gathering some momentum although, at this point, the total number of such claims that have been officially registered with the Compensation Recovery Unit of the UK Department for Work & Pensions remains very low.

As we have noted previously, new and untested questions on standard of care and legal causation would likely arise in any litigated C-19 claim. In this blog, we re-visit certain aspects of these potential questions in the context of vaccinations for care home staff.

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COVID-19: does the response of the regulators call for a fresh approach?

During the first wave of the COVID-19 pandemic, healthcare regulators reviewed their processes and made a joint commitment to take human and environmental factors into consideration when determining whether a complaint/incident reached the threshold for fitness to practise action.

In addition, the country saw an outpouring of support and affection for healthcare practitioners working hard to treat patients in hugely pressured and trying circumstances.

Alongside the guidance on relevant factors to consider during the life of an investigation, emergency registration was granted to recently retired practitioners under emergency powers granted by the Coronavirus Act 2020. Notably,  the GMC introduced guidance for decision makers on requests to relax or revoke sanctions or IOT orders in response to COVID-19 which allowed those whose registration was subject to restriction to apply for an early review of that restriction.

Do these changes reflect a change in what may be determined in the public interest and can healthcare professionals be reassured that such changes will remain in place once the impact of the pandemic has subsided? It may be more apposite to ask whether they should remain in place.

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High Court gives permission for judicial review into care home policies taken at start of pandemic

We wrote at the end of October about the crowdfunded legal challenge being brought against the UK Government in relation to their response to care homes at the start of the COVID-19 pandemic. Yesterday, in a remote hearing, Mr Justice Linden gave permission for this legal challenge to proceed to a full hearing.

The claimants, Dr Cathy Gardener and Fay Harris, are seeking a judicial review of the policies and related measures which had a bearing upon the protection of care homes between March and June 2020. They first formally brought their legal challenge in June, following the death of their fathers (who were both residents in care homes) from COVID-19 in April and May this year. As we have often reported in this blog, tens of thousands of care home residents have tragically died in care homes from (either confirmed or probable) COVID-19, since the beginning of the pandemic.

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Study suggests excess death toll in care homes from Covid-19 has been hugely underestimated

An early draft of a study from the University of Manchester suggests there may have 10,000 more deaths of care homes residents than previously reported.  The study compares statistical data on deaths in care homes between January 2017 and February 2020 with data from April to August 2020. 

This study has not yet been peer reviewed, but notes that of the excess deaths, 65% were only directly attributed to Covid-19.  That leaves the remaining 35% (10,000 deaths) that were not officially attributed to Covid-19.  The question is what caused those excess 10,000 deaths. 

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Safeguarding issues for care providers during the COVID-19 Pandemic

The importance of Safeguarding vulnerable adults residing in care homes has never been more important than during the pandemic. Care staff, be they managers, a carer, nurses or personal assistants are all facing this challenge . 

The Care Act statutory guidance (para. 14.7, June 2020) defines adult safeguarding as:

“Protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.”

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New COVID-19 measures announced for care homes in England

The Department of Health and Social Care (DHSC) has this week written to English local authorities outlining plans to set up specific homes or units for people being discharged from hospital who are COVID-19 positive or are awaiting a test result.  The DHSC has asked local authorities to identify suitable settings by the end of this week, with a view to having these facilities fully operational by the end of November. 

This plan was hinted at in the Adult Social Care Plan that was published in September 2020, and follows existing requirements for all persons being discharged from hospital to a care home to have a COVID-19 test before discharge, and isolate for 14 days in any case upon admission or re-admission to a care home. 

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