Sidmouth woman in legal fight for justice over care homes 'scandal'

By Hannah Corfield

4th Jun 2020 | Local News

Dr Cathy Gardner pictured with her late father, Michael Gibson
Dr Cathy Gardner pictured with her late father, Michael Gibson

A Sidmouth resident is threatening legal action over Government policies she claims exposed care homes to serious risk in the coronavirus crisis.

Dr Cathy Gardner, who tragically lost her own father in what she describes as an 'absolute scandal' - has decided to take legal action against the Secretary of State for Health, NHS England and Public Health England.

She does not believe that the comments of the Secretary of State bear any relation to the reality of Government policies and actions in relation to care homes during the pandemic.

Furthermore she is seeking assurance that appropriate policies are put in place to protect residents in care homes and that Boris Johnson and Matt Hancock publicly accept responsibility for the mistakes that have been made.

Cathy told Sidmouth Nub News: "While my father was a resident of a care home in Oxfordshire, many families in Sidmouth have also been affected by this.

"It has been devastating for so many, including care workers and health workers, who have been put in significant risk because of policies and decisions taken by the Government.

"I am appalled that Matt Hancock, the Secretary of State, can give the impression that the Government has sought to cast a 'protective ring' over elderly residents of care homes – and right from the start.

"The truth is that there has been at best a casual approach to protecting the residents of care homes; at worst the Government have adopted a policy that has caused the death of the most vulnerable in our society.

"It is completely unacceptable that this happened and that responsibility has been avoided. I have therefore instructed my lawyers to threaten legal proceedings against the Government for the harm that has been suffered by my father."

Cathy's father, Michael Gibson, died on 3 April, 2020 in a care home in Oxfordshire. He was suffering from Alzheimer's Disease but died of suspected Covid-19. Shortly before his death another resident had been accepted back into the care home from hospital after having tested positive for Covid-19.

Human Rights Solicitor with Sinclairslaw, Paul Conrathe said: "The State is under a duty to protect its citizens from harm. It is also under a duty to act fairly and not discriminate against the elderly and those with disabilities.

"The actions of the Secretary of State, NHS England and Public Health England in putting residents of care homes and care workers at risk of Covid-19 infection seriously violated the human rights of the most vulnerable in our society.

"I have therefore written to them requesting that they accept responsibility for their unlawful decisions and policies. If they fail to do so then my client will initiate proceedings in the High Court for a judicial review. "

In order to launch a legal challenge against the Government, Cathy needs to raise at least £10,000. A crowd funding page has been set up here on Crowd Justice.

     

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