Scottish COVID-19 inquiry|Closing Statements|Health and Social Care Impact Hearings|28 June 2024 (morning session)

Harrowing evidence. Simon Crabb for Care home Relatives Scotland.

Introduction

Solicitor Simon Crabb for Care Home Relatives Scotland.

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MULTIPLE breaches of human rights now CONFIRMED! Including Article 3 which which is an absolute right and thus unable to be restricted under ANY circumstance and indicates crimes against humanity have been carried out!

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Testimony highlights

• Severe lockdown restriction an extreme form of punishment.

• Family ‘‘contact’’ using devices ‘‘futile.’’

• Prolonged isolation led to a huge physical and mental decline of residents.

• Relatives distressed unable to visit loved ones.

• Care home residents discriminated against.

• No human rights

‘‘The restrictions imposed on them..reduced their quality of life and their dignity of life.’’

‘‘It is clear care home residents were disproportionately impacted by the restrictions.’’

‘‘The right to contact is one of the most fundamental human needs…It’s denial and isolation is..

..a most extreme form of punishment.’’

‘‘The denial of contact had a DEVASTATING effect.’’

Residents asked: '‘whether they were they in PRISON?'‘

‘‘It should be recognised this form of isolation is a form of restraint.’’

‘‘Alison Leitch had to watch her mother CLAW at her face.’’

‘‘Tracey McMillan felt her mother was getting lost within herself and her TREATMENT hastened her death.’’

‘‘Frequently families felt like troublemakers or a nuisance if they challenged or sought to question decisions families were learning quickly that we had to learn to be compliant.’’

‘‘Care home relatives were discriminated against ..particularly towards the end of 2020 and 2021..there was NO JUSTIFICATION for continuing restrictions in care homes.’’

Dr.Donald Macaskill (CEO of Scottish Care) said :

‘‘Such extended periods of isolation are unacceptable, disproportionate, unnecessary and HUGELY damaging.’’

Simon Crabb continues….

‘‘The fact that Public Health Scotland produced COVID guidance that amalgamated care homes with PRISONS demonstrates clearly such a lack of understanding.’’

‘‘The COVID response was based on a KNEE JERK reaction of just slamming the gate shutt which had the effect of TERRIFYING people.’’

‘‘Residents were treated like DOGS IN QUARANTINE.’’

‘‘The evidence of interference with human rights..is both compelling and overwhelming.’’

‘‘The pandemic showed people didn’t have human rights.’’

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Statement highlights

Further disturbing details in the statement:

‘‘Both she and Margaret Kilpatrick's mother felt that their situation was worse than it had been in World War II.’’

‘‘Jane Cooper commented that there may have been more rights in prison.’’

-Paragraph 9

‘‘Alison Walker spoke of her mother being physically pulled away from her in the garden — using the analogy of her being treated like an animal in a zoo.’’

‘‘Sandra Ford had to stand on a pile of bricks to reach a window to see her mother.’’

-Paragraph 11

‘‘Marian McParland was refused essential visitor status, even although her mother was dying.’’

‘‘The Inquiry is asked to acknowledge the number of residents that will have died alone, without any visits — or only receiving one at the very last stage, when they may have been unaware: around 16,000 in the first 12 months of the pandemic.’’

-Paragraph 14

‘The restrictions faced by care home residents, in particular the lack of meaningful contact with loved ones, caused significant mental and physical distress, and is likely to have contributed in a number of cases to cognitive and emotional decline..

…and even death.’

-Paragrapg 16

‘‘Marion McParland said her mother looked like she had `given up’ and was affected by the isolation and lack of contact.’’

-Paragraph 17

‘‘Care home residents received inadequate medical care, ranging from GP services to more serious therapies and treatments, and were even refused admission to hospital.’’

-Paragraph 19

‘‘The evidence demonstrated that the use of masks caused distress, confusion and considerable difficulties with communication. Residents couldn’t see smiles, had difficulty recognising relatives and those with hearing difficulties couldn’t lip-read or read facial expressions or visual clues…

..Some witnesses spoke to being made to wear them, even for window visits.’’

-Paragraph 20

‘‘There was no direct evidence of recognition of and respect for POA or guardianship orders and many decisions were made with little involvement of family. Many spoke of having powers of attorney that were not respected, or `worthless’. There was further evidence of a more general disregard for autonomy, with residents being tested without their consent. Morven Palmer had guardianship for her daughter, but her evidence was that her `guardianship counted for nothing’ when her request thather daughter’s care home didn’t test her without consent was ignored.

-Paragraph 24

‘‘Kristin Duncan provided a powerful illustration: “within a few weeks of lockdown, we began to hear heart breaking stories of parents being unable to be beside their dying children in hospital.’’

-Paragraph 35

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Links:

X-link

Appendix I to the closing statement on behalf of Care Home Residents Scotland (CHRS) titled Proposals for further investigations-

https://www.covid19inquiry.scot/sites/default/files/ev-documents/sci-clsstn-000010.pdf