header-logo header-logo

20 May 2020
Issue: 7887 / Categories: Legal News , Covid-19 , Public
printer mail-detail

COVID-19: Public inquiry ‘inevitable’

A growing number of lawyers are calling for a public inquiry into the government’s handling of the COVID-19 pandemic

Elkan Abrahamson, director at Liverpool firm Broudie Jackson Canter, said a public inquiry was ‘inevitable and essential’.

‘I accept that having a full inquiry now would involve experts whose time might be better spent advising the government. Yet any post-COVID inquiry will come too late to prevent the deaths that must surely result from the government’s latest decision to relax movement restrictions. 

‘So, we should start an inquiry immediately with the initial purpose of simply gathering and sharing evidence―hearings can come later.’

Former head of the Home Civil Service Sir Bob Kerslake and the Trades Union Congress have also urged a public inquiry. Nick Griffin QC, of QEB Hollis Whiteman, suggested in this week’s Law  Society Gazette that there was ‘a solid basis for triggering an inquiry’.

Writing in NLJ this week, Sophie Kemp, public law partner, Kingsley Napley, says the government could find itself compelled to hold an inquiry under Art 2 of the European Convention on Human Rights, which imposes ‘a positive obligation to take appropriate measures to safeguard life’. Article 2 includes an ‘investigative duty’, which ‘is engaged where “systemic” issues are suspected to have contributed to a person’s death’, she says.

Kemp sets out areas likely to form part of the terms of reference of any future inquiry. These are: early decision making and planning; the policy and guidance on discharging hospital patients to care homes; and PPE (personal protective equipment) supply, resourcing and guidance that ran contrary to many doctors’ concerns.

She also highlights key policy decisions that were out of step with World Health Organisation (WHO) guidance, and which participants in a future inquiry may argue were inconsistent with the government’s obligation to take practical steps to reduce the risk of death. They include the 12 March decision to end testing and contact tracing when moving from the ‘contain’ phase to ‘delay phase’ of the government response, ‘the apparent decision to adopt a “herd immunity” strategy during the ‘delay phase’; and whether lockdown was introduced too late.

 

Issue: 7887 / Categories: Legal News , Covid-19 , Public
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll