Anthony Baker, Partner from the Plexus Law Leeds office provides a legal update on ‘Social care and COVID-19’ for the April edition of Stronger. Plexus Law are Silver Sponsors of the ALARM virtual Conference taking place 21-25 June.
‘Social care and COVID-19’ was published in the April 2021 edition of stronger, ALARM’s member journal. ALARM is a not-for-profit membership association that has supported risk management professionals for 30 years. They provide members with outstanding support including training, guidance and best practice, networking and industry recognition for excellence across risk management. For more information, visit alarmrisk.com and follow @ALARMrisk on Twitter and LinkedIn.
“With high numbers of COVID-19-related deaths in care homes, health and social care providers may be vulnerable to future legal action.”
“Unfortunately, COVID-19 disproportionately affects the elderly, vulnerable, those with underlying medical conditions, and seemingly BAME communities1. Sadly, care home residents and employees have been at significant risk since the start of the pandemic. Data from the Office of National Statistics (ONS) from 17 April 2020 to 15 January 2021 confirms significantly higher Care Quality Commission (CQC) reported deaths involving COVID-19 in care homes (21,195) than in hospitals (7,180) or elsewhere.”
“The Public Accounts Committee (PAC) released a damning report on 29 July 2020 assessing the Government’s approach to social care during the pandemic. It stated the sector was: ‘essentially thrown to the wolves’. The PAC report states that government support of the social care sector was: ‘slow, inconsistent and at times negligent’.”
“The PAC report will be vital evidence for the social care sector when responding to future civil claims and/or to use at inquests and/or in the event of regulatory action taken by the CQC. The care sector will contend that they were in an invidious position and, due to wider issues were not in breach of their duty of care.”
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If you would like to know more about this matter, please speak to your contact at Plexus Law:
Anthony Baker, Partner
T: 0113 468 1702 | M: 07811 545 321 | E: firstname.lastname@example.org