We have previously provided an update on the status of the Covid Inquiry. It is inevitable that the continuing work of the Covid-19 Public Inquiry is likely to be of interest to, and will significantly affect, the care sector.
The aims of the Inquiry (as set out in the Terms of Reference Terms of Reference – UK Covid-19 Inquiry) are to investigate the Covid-19 response and to make a report on the impact of the Pandemic, including:
- The public health response across the whole of the UK (including shielding and the protection of the clinically vulnerable); and
- The Pandemic response of the health and care sector across the UK, including the management of the Pandemic in care homes (including infection prevention and control, transfer of residents, restrictions on visiting etc).
Due to its wide scope, the Inquiry has proceeded by examining different aspects of the Pandemic on different UK sectors by way of separate ‘modules’. In December 2023 the inquiry will open its module to examine the care sector across the UK. Ahead of each module, the Inquiry will call for evidence from potential witnesses. This will likely require the production of many documents to the Inquiry. There may also be requests for witness statements and possibly for ‘corporate’ statements from care homes/care home providers.
What should care homes do now to protect themselves? The practical point is that the Inquiry’s legal team are likely to be shortly calling upon prospective witnesses to provide input, well in advance of any evidence sessions being timetabled. A sensible precaution would be to suspend routine destruction of all documents of possible relevance to the Inquiry and to consider how best to preserve them.
Care homes with a close interest in the outcome (or which fear they may be affected by any criticism) should also consider applying for ‘Core Participant’ status in the Inquiry, as this allows them greater access to the proceedings and the opportunity of influencing questions to other witnesses. There will be a limited time window in December 2023 to apply for Core Participant status, so this should be addressed now. We have prepared a guidance note on this aspect and its implications and are able to share this with you upon request.
For further information, please contact:
Iain Campbell, Hill Dickinson
iain.campbell@hilldickinson.com
