News


High Court grants permission for legal challenge against Covid measures to proceed to full trial


A legal challenge over government decisions and measures taken in relation to care homes during the early stages of the pandemic has cleared a key hurdle in the High Court. Mr. Justice Linden granted permission for a


full hearing of the challenge against the Department for Health and Social Care (DHSC), NHS England and Public Health England by Dr. Cathy Gardner, whose 88 year-old father died in an Oxfordshire care home on 3 April. The government and NHS have to file their


detailed evidence by 22 January and then Gardner’s team has an opportunity to file evidence in reply. “For the first time we will see what the


government’s reasoning was in making some of the disastrous decisions they took – for example the requirement to urgently discharge patients from hospital without Covid-19 tests in March,” said Gardner in a statement. “We expect the trial to take place around April/May,” she added. Gardner argues that the treatment of care


homes up to and during the pandemic was unlawful, including guidelines allowing Covid-19 patients to be discharged from hospitals into care homes untested. Mr. Justice Linden said at a remote hearing she should be given permission to pursue her case on all grounds saying it “crossed the threshold of arguability”. “I consider it in the interests of justice for the claim to be heard,” he added. Gardner, who is bringing her case with another woman whose father died in a care home, Fay Harris, alleges the measures breached human rights and equality laws and led to a "shocking death toll" of care home residents. Court documents showed Ms. Harris’s


father “died of Covid” after his care home accepted hospital discharges of patients who may have been infected with the virus. DHSC, NHS England and Public Health England oppose Gardner’s challenge and asked the judge to dismiss the case.


Sentinel to pay £167,670 after Legionnaires'


disease death Sentinel Health Care has been ordered to pay £167,670 at West Hampshire Magistrates’ Court in Southampton after a 56-year-old man died from Legionnaires' disease while in its care. The company, which runs the


Fordingbridge care home, pleaded guilty to two charges, firstly failing to provide safe care and treatment, resulting in avoidable harm to Andrew Clegg. The company has also pleaded guilty to


failing to provide safe care and treatment exposing other service users, to a significant risk of avoidable harm. Sentinel Health Care was fined £75,000


for each charge and ordered to pay £17,500 prosecution costs, plus a £170 victim surcharge at West Hampshire Magistrates’ Court in a prosecution brought by the Care Quality Commission (CQC).


This is the first time CQC has used its


prosecution powers against a provider in a case where a person has contracted Legionella. “Mr. Clegg had every right to expect safe


care and Sentinel Care Services Limited has a specific legal duty to follow the Health and Safety Act to ensure the home was safe for people,” said the CQC.


“In this case their negligence allowed


Kingsley Healthcare has opened its £12m Brackley luxury care home in Northamptonshire that will house up to 66 residents. The care home, Kingsley Healthcare’s 31st service, features a cinema room, library, café, hairdressing salon, lounges and conservatory, as well as a sensory garden. The contemporary design is the work of Leamington Spa-based Rickett Architects and the home was built by Midlands-based Deeley Construction.


Legionellabacteria to develop and grow in the water supply putting people living there at risk. The Health and Safety Executive has very clear guidance on management of Legionellain care homes and this was clearly not followed,” it added. “We hope this prosecution reminds


care providers that they must always ensure people’s safety and manage risks."


Qualifications in Activity Provision


It is increasingly recognised that Activity Provision can make a signifi cant contribution to well-being and quality of life, and the Care Sector reports a need for specialist training for their staff in this area. NAPA is delighted to offer two courses that meet the needs of the specialist activity workforce.


NAPA off ers: Level 2 Award in Supporting Activity Provision in Social Care (QCF) accredited by OCN London


This knowledge only course is provided through distance learning with telephone tutor support.


Level 3 Certifi cate in Activity Provision in Social Care (QCF) accredited by OCN London This higher level course is knowledge and competence based. The student will be supported throughout this distance learning course to research the assignments, write narrative comparisons and evaluate their day to day work.


For further information please visit our website www.napa-activities.co.uk


January 2021 • www.thecarehomeenvironment.com 9


I have grown in confidence through the NAPA course.


The course has certainly made a difference to the


provision in our home.


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