BLOG / Another Legal Attempt To Challenge DHSC
The Government is facing another attempted legal action over its handling of the Pandemic.
This latest case is being pursued by Dr Minesh Talati, a dentist from London, and represented by GunnerCooke LLP, and arises after his father Navin, an NHS pharmacist for more than 45 years, died from coronavirus in April. The Daily Telegraph identified that the family of an NHS pharmacist who died from COVID-19 is lodging a civil claim alleging that health secretary Matt Hancock and Public Health England breached their statutory duty in key decisions made about the spread of COVID-19 in the UK. Court proceedings will apparently allege that the health secretary breached both the Human Rights Act and the NHS Act 2006, including “by pursuing policies such as herd immunity” which the letter before action claims is “a flagrant violation of the state’s responsibilities to its citizens”. The letter before action also claims that “The Secretary of State failed to take such steps as were plainly appropriate for protecting the public ……… Accordingly, in all the circumstances, the State failed to take the steps that could reasonably be expected of it to safeguard the lives of its citizens………and …..The Secretary of State did too little, too late, and continues to be in breach of these obligations.” It is reported that “having taken advice from leading Queen’s Counsel on the subject, it is contended that the Secretary of State for Health and Social Care and the executive agency, Public Health England have acted in a way which is incompatible with Convention rights." The letter before action also claims that “Given the lives at risk and that Parliament is unable to hold the Government to account at this time, Dr Talati is seeking the intervention of the Courts.”
Dr Talati is reported to have said: “My own family has been ripped apart and so many families have lost loved ones having been infected in the community. Many families have lost heroes that tried to save our lives………We, as an island nation, have endured the second highest mortality in the world and highest in Europe even though we started well behind Italy and Spain. I ask myself, what went wrong?”
To date, the Department for Health and Social Care has not commented.