Care home campaigners in Scotland who lobbied for fairer visiting rights during the pandemic have been rejected from giving evidence to the UK Covid inquiry after Baroness Hallett concluded their role was not "significant".

Cathie Russell, who co-founded Care Home Relatives Scotland in 2020 after being prevented from seeing her elderly mother for months, said the decision was a "slap in the face" for families north of the border.

She added: "To be honest, I would now question whether the UK inquiry's got any relevance for Scotland and whether I would look at a single recommendation it comes out with."

The group had applied for core participant status to take part in Module Six, which is investigating "the impact of the pandemic on the publicly and privately funded adult social care sector in England, Scotland, Wales and Northern Ireland".

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According to its terms of reference, this will include "the consequences of government decision-making – including restrictions imposed – on those living and working within the care sector" as well as the "steps taken in adult care and residential homes to prevent the spread of Covid-19".

Preliminary hearings for the module got underway in London on Tuesday.

Care Home Relatives Scotland (CHRS), which has 2000 members and is a core participant for the Scottish Covid Inquiry, had sought joint recognition with Lost Loved Ones - a 100 member sub-group of CHRS - on the basis that it acted as an "unofficial helpline for relatives" during the pandemic.

CHRS attended some 150 meetings with Scottish Government officials - including then-Health Secretary Jeane Freeman - sat on several advisory groups, and engaged with the Care Inspectorate and Public Health Scotland on care home restrictions.

The Herald: Members of Care Home Relatives Scotland, including Cathie Russell - second from right - arrive at the Scottish Covid inquiry in Edinburgh on October 27 2023Members of Care Home Relatives Scotland, including Cathie Russell - second from right - arrive at the Scottish Covid inquiry in Edinburgh on October 27 2023 (Image: PA)

After an initial application was knocked back the February CHRS appealed, but have now been told they will be left out of proceedings.

Scottish Care - the umbrella body for private care providers - and Scottish Covid Bereaved have both been granted core participant status for the module.

In her letter to CHRS, Baroness Hallett - the inquiry's chair - offered her "deepest sympathy" but concluded they "do not meet the criteria for core participant status".

She said they fell short on two key counts - having played "a direct and significant role" or having a "significant interest" in the matters with which the inquiry is concerned.

Baroness Hallett said the group's advocacy work had been "important and commendable", but that she did "not consider that the Applicants played a direct or significant role" and that other participants "are more representative and better placed" to provide evidence for the module.

 

The Herald: Restrictions meant that most care home residents were only able to have 'window visits' or see loved ones over Zoom calls during lockdown, with restrictions continuing at various levels until 2022Restrictions meant that most care home residents were only able to have 'window visits' or see loved ones over Zoom calls during lockdown, with restrictions continuing at various levels until 2022 (Image: Getty)

Carers Rights UK - formed in 2023 by the amalgamation of Rights for Residents and the Relatives & Residents Association, which both campaigned for better access to care homes in England during the pandemic - will be represented.

Ms Russell said: "Basically, they're saying 'they can represent you', but they can't represent us.

"They didn't meet with the Scottish Government. They didn't have meetings every week with Jeane Freeman and Kevin Stewart and Maree Todd.

"What they've done to us is like saying to Scottish Care 'don't worry, Care England can represent your interests'."

"It's left us in a situation where there's no one representing people in care homes or their relatives.

"They said our role had been 'insignificant', but there's no one in Scotland who would say that.

"I'm sure it is a financial decision, but it's a very inequitable decision.

"It does make me wonder what the point of it is. PHS will be there and we have no ability to question them.

"Scotland will be paying for this inquiry but it doesn't feel like it's being represented."

The Herald: Baroness Heather Hallett arrives at a session of the UK Covid Inquiry in January, when proceedings were being held in EdinburghBaroness Heather Hallett arrives at a session of the UK Covid Inquiry in January, when proceedings were being held in Edinburgh (Image: Getty)

Patrick McGuire, a partner at Thompsons Solicitors - the law firm representing CHRS - said: "My clients are simply aghast at the decision by the UK Covid inquiry to exclude them. 

"They have worked tirelessly to engage with the authorities in protecting the rights of care home residents and their families. 

"This decision makes us question the real relevance of the UK Inquiry to the Scottish public."

Summing up the decision-making in her letter, Baroness Hallett states that she is "determined to run the Inquiry as thoroughly and as efficiently as possible", adding: "Given the vast numbers of people who were involved with, or adversely affected by, the Covid-19 pandemic, very many people in this country could potentially have an interest in it and not everyone can be granted Core Participant status for the purposes of the Inquiry hearings."