Older people's human rights under Covid to be examined

The Older People's Commissioner and the Equality and Human Rights Commission are working together to consider whether the Welsh Government has upheld "the human rights of older people."

Both bodies in Wales have raised concerns about the "slow response" to provide tests to care homes.

They are considering how best to use their respective powers.

Health minister Vaughan Gething said his officials regularly meet with the older people's commissioner.

In a BBC Wales Investigates programme in May, the Older People's Commissioner for Wales Helen Herklots called for the Welsh Government to be investigated by the Equality and Human Rights Commission over fears older people's rights could have been breached.

Ms Herklots said comprehensive testing for Covid-19 in care homes was "too slow" and she questioned whether the "right to life" had been breached and raised the issue with the EHRC.

The health minister said at the time he "didn't recognise" a breach and said the policy was based on scientific advice.

At the start of the outbreak, more than 1,000 hospital patients were discharged to Welsh care homes without a coronavirus test.

Responding to the figures in a BBC Politics Wales interview on June 14, Vaughan Gething conceded he would have made "different choices" at a number of points during the pandemic.

Speaking on the programme last Sunday, First Minister Mark Drakeford said: "I think we might have made different decisions, although I think the evidence is still accumulating.

"So, we've had many care homes in Wales where people were discharged without a test, who haven't had a single case of coronavirus, and we've had care homes where nobody was discharged from hospital, where there has been coronavirus.

"So, the idea that there is a direct line that says, because people were discharged without a test, that meant the care homes were affected, I don't think it's as simple as that," he added.

But in a joint statement, Ms Herklots and Ruth Coombs, Head of the Equality and Human Rights Commission in Wales, said they had several concerns, including the "discharge of Covid-19 positive older people from hospitals into care homes."

The two bodies have also raised concerns about the "blanket" issuing of Do Not Attempt Resuscitation notices.

The statement adds: "We are considering how we can best use our powers to scrutinise the decisions and actions that have been taken during this pandemic."

Figures published by the Office for National Statistics show there have been a total of 686 Covid-19 deaths in care homes up to 3 July, making up 27.8% of all coronavirus deaths in Wales.

At a Welsh Government press conference Mr Gething said his officials are in regular contact with the Older People's Commissioner.

He said the evidence was not clear on the question of any harm being caused by older people being discharged from hospital to care homes, without a Covid test result.

"We still continue publishing every week advice from our Technical Advisory Group here in Wales," he said.

"We published another report from that today as well, so if there's any change whether it's helpful or not to the position we have, the government will continue to publish that evidence, and make it available to the public as well of course, to the Older Persons Commissioner."