- Transfer from Hospital to care homes policy at start of coronavirus (COVID-19) pandemic irrational (Gardner, R (on the application of) & others v Secretary of State for Health and Social Care & others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- ECHR challenge
- Public law complaints
- Case details
Local Government analysis: The High Court held that three government policy documents relating to management of transfer of individuals from NHS hospital from 17 March 2020 to 2 April 2020 at the start of the coronavirus (COVID-19) pandemic, were irrational in failing to advise that where an asymptomatic patient was admitted to a care home, they should, so far as practicable, be kept apart from other residents within 14 days. Written by Adam Mercer, trainee solicitor at Sinclairs law.
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