Question to the Department of Health and Social Care:

To ask Her Majesty's Government what assessment they have made of the letter sent to the Secretary of State for Health and Social Care by Cathy Gardner questioning the legality of discharging patients with COVID-19 into care homes, including the one in which her father died on 3 April, and calling for a retraction of the statement that a “protective ring had been thrown around care homes”; when they intend to respond; and what advice they have (1) sought, and (2) been given, by Government law officers in response to that correspondence.

The Government does not comment on litigation matters.

Every death from this virus is a tragedy. It is our priority to ensure that everyone is discharged safely from hospital and to the most appropriate available place. Patients are discharged when it is clinically safe and they no longer need acute care.

We have provided extensive support and guidance to care homes throughout the COVID-19 pandemic. We have also provided local authorities with £3.2 billion to help them deal with the impacts of COVID-19, as well as £1.3 billion via the National Health Service to enhance the NHS discharge process. On 13 May, we announced an additional new £600 million Infection Control Fund for care homes to tackle the spread of COVID-19.