Why is one woman suing the English Government and not the care home owners?


In a BBC Devon report yesterday:

A woman who said goodbye to her dying father through a care home window is suing the government over his death. Dr Cathy Gardner’s father, Michael Gibson, 88, died of probable Covid-19 related causes on 3 April. Her case, which accuses the government of unlawfully exposing thousands of care home residents to serious harm, will be filed at the High Court today. The Department for Health and Social Care said it could not comment on ongoing legal proceedings…..The government has faced criticism for policies allowing patients to be discharged from hospitals into care homes without being tested for Covid-19.


The home in question, Cherwood House Care Centre is owned by Ellenbern Holdings Limited and charges between £755 to £1 087 per week.

Surely they were not forced to take patients? Surely they had proper infection control?

Their May 2019 Care Quality Commission report rated their infection control as ‘Good.’

If the deceased was not tested for covid-19 and the death certificate only suggests ‘died of probable Covid-19 related causes‘ will there be any case to answer?

It will be interesting to see if any Scottish cases are brought and against whom.

Footnote: Curiously Ellenbern Holdings Limited were formerly RADCLIFFE CARAVAN PARK LIMITED.

5 thoughts on “Why is one woman suing the English Government and not the care home owners?”

  1. I’m presuming that Mr Gibson was already a resident in the Care home when patient transfers from hospital took place. The presumption being that Covid arrived in the home via the transfer and not from staff or relatives. Tests have shown to be inconclusive and unreliable if symptoms were absent and it was at least in Scotland the responsibility of the Care home to isolate hospital transfers for 14 days before being introduced to communal area’s. Or was Mr Gibson transferred from hospital into an already infected Care home. This is going to be very interesting.

    Liked by 2 people

  2. No money in caravan hols then? I can attest that many care home owners show more regard to caravan holidaymakers than their own residents.

    Cannot be easy at this time to have many of your paying customers ‘leaving’ with less willing to replace them in the present climate. (Very much tongue-in-cheek)

    Liked by 1 person

  3. In Scotland we have our own separate legal system in conjunction with many of
    Our laws as they stood at the Act of Union
    Which still exist today all due in main to the insistence of Edinburgh Lawers who would NOT sign The Act untill our law was guaranteed to remain and untouchable
    Although these laws in effect still exist
    The legal system here have over time allowed them to wither but such does not mean these are dead
    So let’s resuscitate these laws and apply them upon these matters
    In my Business days and after consultation with our Lawers
    Regarding contractual disputes with others
    They were informed in Writing that if they did not attend to matters pertaining
    Then they would find themselves in a Scottish court
    Each and every time this occurred a amicable solution was found
    No doubt they had spoke to their own legal experts prior such and were duly advised to settle and avoid the fairness
    And good old fashioned common sense
    That still exists in Scots Law


  4. I think that this might be an example of the way in which the privatisers, with the active collusion of the Conservative, ConLibDem, and Labour governments over the past 40 years have passed gains from public investment to the private sector, while, through rackets like PFI, which was supposed to ensure that the private sector bore the risk, the public sector continues to bear the cost of the extraction of wealth by the rentiers.

    When Bodger Broon and (Lord???) Darling bailed out the banks, they were transferring public money to the private sector to compensate them for the collapse that their rapaciousness had brought about. The bankers paid themselves bonuses! And then they continued to force debt on viable small businesses and then jacked up interest rates to force these businesses into extinction, with the bank stripping out the assets, while depriving the small business owners and their employees of their livelihood and removing the goods and services which these small businesses supplied for most of us.

    Those losing jobs had to revert to the nugatory social security (from the public purse) and, because the supply of goods and services had been reduced the corporations could then jack up the prices, because the reduction in supply had increased – artificially – demand. Of course, this was spun as just the way markets work, as if these were like the laws of physics rather than human constructs.

    Liked by 1 person

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