The Public and Third Sector Law Reports
[2022] PTSR 1338
Queen’s Bench Division
Regina (Gardner and another) v Secretary of State for Health and Social Care and others
[2022] EWHC 967 (Admin)
2022 March 14–18, 21; April 27
Bean LJ, Garnham J
Public health— Control of disease— Covid-19— Secretary of State and Public Health England issuing policies giving advice and guidance on discharge of patients from hospitals to care homes in response to Covid-19 pandemic— Whether defendants in breach of positive obligations to protect life of care home residents— Whether policies unlawful in failing to deal sufficiently with asymptomatic transmission of Covid-19—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2