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

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
back-to-top-scroll