"Shocking report on #channel4news: Covid-19 patients are being discharged from hospital INTO CARE HOMES - many of them while still infectious.
Mentioned this on another thread last night...
It actively leaves private care homes and the state open to legal action in the long term tbh, even with the covid-19 laws.
www.gov.uk/government/publications/coronavirus-covid-19-changes-to-the-care-act-2014
Coronavirus (COVID-19): changes to the Care Act 2014
Changes to the Care Act 2014 to help local authorities prioritise care and support during the coronavirus (COVID-19) outbreak.
Local Authorities will remain under a duty to meet needs where failure to do so would breach an individual’s human rights under the European Convention on Human Rights. These include, for example, the right to life under Article 2 of the ECHR, the right to freedom from inhuman and degrading treatment under Article 3 and the right to private and family life under Article 8.
This paragraph is mentioned several times under the rules of relaxing obligations under the Care Act 2014 during the Coronavirus crisis.
Knowingly taking in someone who has covid-19 when you have very vulnerable patients which may place them at a real risk of death, could leave authorities and organisations open to prosecution further down the line if someone deems it to enfringe upon their right to life.
If I were a local authority or care home I certainly would be pushing back and saying piss off to pressure to take patients being discharged with covid-19 or suspected of having covid-19 or just generally being newly admitted (especially directly from hospital) with no symptoms not just from an humanitarian point of view but also from a legal one.
The relaxing of safeguarding rules during the crisis do not extend as far as endangering residents. Its that simple.
Whilst the advice might be that you don't have to provide a negative covid-19 test to be admitted, given the vulnerability of residents and the legalities of social distancing in combination with legal responsibility to existing residents I do think care homes would be well within their remit to refuse entry without a negative covid-19 test.
(if it later transpires its a false negative from a legal perspective they have discharged their responsibility to try and protect residents).
I do think there will be an attempt to go legal on this at some point.