- Case No: 1352489T
- Bench: Honourable Mr Justice Hayden
- Court: Court of Protection
- For Appellant: Ms Alison Harvey (instructed by Bison Solicitors) for the Applicant.
- For Respondents: Mr Scott Storey (instructed by Surrey County Council) for the Respondent.
- Citation: 2020 WL 01663365
- Issue: Issue of protection of people at care homes during COVID ‘19
Facts:
- This was an urgent matter raised with regard to shifting an inmate of a care home, suffering from Alzheimer’s disease, whose relatives are restricted to visit the care home due to the onset of the pandemic.
- The Care Home suspended all kinds of visits from the family members to prevent the spread of virus. Since the inmate was a deaf person, even online communications were impossible with his family and friends. The application also raised concerns about the inmate’s health while staying at the care home.
Court’s observations and decisions:
The Court identified that in this case, the fundamental rights of the patient shall not be obstructed by the exigencies of Coronavirus pandemic. It went on to discuss about the protection required at such care homes. It emphasised on the Article 5 of ECHR that no person’s right to liberty or security shall be compromised unless in an enlisted set of situations which included spread of infectious diseases. Article 8 provided the right to respect for one’s private and family life, his home and his correspondence.Article 15 allowed for a derogation of both the above-stated articles in cases of in times of emergency.
While discussing these points, the Court appreciated the relevance of UK government guidance: Coronavirus (COVID-19)GUIDANCE ON RESIDENTIAL CARE PROVISION, which provides for methods to reduce the risk of transmission by reviewing the visiting policy. For people displaying symptoms of the virus, isolation arrangements are to be made. Hand hygiene, PPE, cleaning of frequently touched surfaces, seeking public health advice etc. are some of the other guidelines that were emphasized.
Comparative analysis with Indian scenario:
The Supreme Court of India has also considered the plight of inmates at overcrowded shelters and places like prisons and childcare centres. In its SUO MOTU WRIT PETITION (CIVIL) No.1 OF 2020 Re: Contagion of COVID 19 Virus in Prisons (MANU/SCOR/24528/2020), the Apex Court ordered for the establishment of a High Powered Committee to decide which prisoners may be released on interim bail or parole during the Covid times to prevent the overcrowding at prisons, subject to conditions. However, the Court has clarified that it does not warrant for a compulsory release from all prisons. If the prisoner is suffering from the disease, he will not be released while prisoners who contracted it after their release will be transferred to quarantine facilities. Transportation of prisoners should follow the rules of social distancing. The order was made applicable to correction homes, detention centres and protection homes.
In its Suo Moto Writ Petition (Civil) No. 4 of 2020Re: Contagion of COVID 19 Virus in Children Protection Homes(MANU/SC/0358/2020), the Court issued an elaborate set of guidelines for the Child Protection Centres also. It provided for separate measures to be taken for each institution like Juvenile Justice Boards, Child Courts, and Child Welfare Committees etc. The order urged the Governments and persons in charge of CCIs to take adequate steps in all possible ways like ensuring availability of hygienic facilities and other basic amenities in these institutions. Guidelines to look after Children under foster or kinship cares were also included in the order.
Thus, the Supreme Court has taken proactive steps to issue guidelines for ensuring protection of people at such crowded shelters.
