Index card R (Gardner) v Secretary of State for Health and Social Care

R (Gardner) v Secretary of State for Health and Social Care

Hearings

England & Wales

27 Apr 2022 [2022] EWHC 967 (Admin); [2022] PTSR 1338; [2022] 4 All ER 896; [2022] WLR(D) 188, DC (Bean LJ, Garnham J)

Subject Matter

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

[2022] EWHC 967 (Admin); [2022] PTSR 1338; [2022] 4 All ER 896; [2022] WLR(D) 188, DC

Commentary

UK Human Rights Blog
Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld Case comment

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