The outcome of transferring patients positive for COVID-19 from hospitals to care homes

Abstract

On 27 April 2022 the Divisional Court of the Queen's Bench Division of the High Court ruled that the Government committed an unlawful act in the early days of the COVID-19 pandemic when it directed that thousands of hospital patients should be transferred to care homes without being checked for infection. This direction was a response to the massive pressure on hospital beds caused by the unexpected onset and rapid spread of the virus. John Finch examines the circumstances which led to this decision being made and the reasons why the courts ruled it as unlawful.