Scottish COVID-19 inquiry|20 Jun 2025

John Wilkes, Equality and Human Rights Commission.

The final session of the impact hearings.

Introduction

John Wikes is Head of Scotland for the Equality and Human Rights Commission and has worked at the EHRC since April 2017. The EHRC functions independently of government.

‘We highlighted the following issues…the risks to disabled people and older people of UK legislation permitting local authorities not to comply with a number of duties under care legislation where not practical.’’

-Paragraph 34 of statement

‘‘On 27 May 2020, we wrote a joint letter with the Scottish Human Rights Commission and Children and Young Persons' Commissioner to the Government Chief Medical Officer regarding concerns we had about clinical guidance on using physical restraint on patients with confirmed or suspected COVID-19.’’

-Paragraph 53 of statement

Testimony highlights

‘COVID vaccine’ certification issues

• CCP style facial recognition technology was proposed by the Scottish Government as way to enforce COVID ‘vaccination’ status.

‘‘Facial recogntion was proposed but didn’t go ahead.’’

‘‘Employers might use it in a way that it wasn’t desinged to be done to assertain the status of their employees.’’

Capacity to benefit test/DNACPR notices

• The elderly in care homes and disabled more likely to be denied treatment and placed on DNACPR in the early months of the ‘pandemic.’

‘‘We felt it was too widely drawn and open to interpretation.’’

‘‘We had a range of concerns about DNACPR and the guidance that was being applied.’’

Use of physical restraint in care homes and other settings

• An issue pre-dating the 'pandemic’ and is ongoing.

‘‘At the time the Chief Medical Officer was putting out the proposals on guidance on the use of physical restraint we felt we needed to make quite URGENTLY some key points to the CMO reminding them that there are certain situations that it is NEVER lawful to use physical restraint.’’

‘‘We were particularly concerned for the implications for children.’’

Final comments

• Those who died most from ‘COVID’ were discriminated against the most.

‘‘Maybe older people and disabled people were viewed differently during that period than perhaps they should have been.’’

Statement highlights

‘‘We highlighted the following issues in the briefing: relaxing safeguards on detention set out in the Mental Health (Care and Treatment) (Scotland) Act 2003; the impact of school closures on pupils with additional support needs; socioeconomic impacts and lack of economic support for "gig economy" workers and homeless people and rough sleepers; provision of essential services to older people in rural areas; the risks to disabled people and older people of UK legislation permitting local authorities ‘‘not to comply’’ with a number of duties under care legislation where not practical.’’

-Paragraph 34

‘‘The Coronavirus Scotland Act was passed by the Scottish Parliament on 1st April 2020.’’

-Paragraph 35

‘‘We made recommendations, including that the guidance should explicitly state that blanket decision-making, which could have a negative impact on protected characteristic groups such as disabled people or older people, must not be permitted and highlighted concerns regarding the clinical frailty scale.’’

-Paragraph 48

Thanks for your attention. Like, share and comment if you care.

End