The government broke the law by failing to protect more than 20,000 elderly or disabled care home residents who died after contracting COVID-19, the High Court has ruled.

The case was brought forward by Dr Cathy Gardner and Fay Harris whose fathers Michael Gibson and Donald Harris died after testing positive for coronavirus.

Government policies on discharging patients from hospital to care homes at the outset of the pandemic were “unlawful” because they failed to take into account the risk to elderly and vulnerable residents from non-symptomatic transmission of COVID, High Court judges have ruled.

A barrister representing the two women told Lord Justice Bean and Mr Justice Garnham that between March and June 2020 – when Matt Hancock was health secretary – more than 20,000 elderly or disabled care home residents had died from COVID-19 in England and Wales.

Jason Coppel QC said the fathers of Dr Gardner and Ms Harris were part of that “toll”.

“The care home population was known to be uniquely vulnerable to being killed or seriously harmed by COVID-19,” said Mr Coppel in a written case outline.

“The government’s failure to protect it, and positive steps taken by the government which introduced COVID-19 infection into care homes, represent one of the most egregious and devastating policy failures in the modern era.”

COVID-19: Daughter of care home victim says government claims of ‘protective ring’ were ‘a lie’

Kamala Harris: US Vice President tests positive for COVID-19

COVID-19: Is China’s Shanghai lockdown an overreaction?

Mr Coppel told judges: “That death toll should not and need not have happened.”

He added: “Put together, the various policies were a recipe for disaster and disaster is what happened.”

Lawyers representing Health Secretary Sajid Javid, NHS England and Public Health England had fought the claim the government acted unlawfully by failing to protect care homes.

Related posts:

‘Another level of greed’: Shankly statue should go if Liverpool join ESL, legend’s family says Victory for fans as all six English teams pull out of European Super League Luke Evans says he ‘would jump at the chance’ to play the next Bond UK COVID-19 antibody testing programme: How will it work? Man held after ‘brutal’ Birmingham Gay Village attack – as police search continues PM to personally plead with Biden to extend deadline for US withdrawal from Afghanistan Police launch appeal to identify man who base jumped from Clifton Suspension Bridge Man arrested in connection with theft of Arundel Castle treasures worth more than £1m ‘Always on the edge of a major incident’: Hospital struggles with waiting times as winter pressure grows New portraits of Duchess Of Cambridge released as she marks 40th birthday UK records 141,472 new COVID cases and further 97 virus-related deaths How the Queen’s personal adviser became her hairdresser during lockdown