Extraordinary meeting of Ottery Town Council to be held

Extraordinary meetings are suddenly becoming very fashionable – democracy in action in a lockdown world. -Owl

An extraordinary meeting of Ottery Town Council will be held next week.

The authority will meet virtually at 7pm on Monday, June 15, via Zoom.

The agenda includes time for councillors to receive and approve the minutes of the annual town meeting on June 1, as well as an opportunity for members of the public to submit questions and comments.

Councillors will also be asked to look at the grant applications received in respect of the Shop Front Grant Scheme and to make decisions accordingly.

There are also items that ask the authority to consider the Devon County Council Shared Footpaths Scheme and re-consider the hours and pay rate of the previously agreed position of a receptionist/administrative assistant.

The meeting will also include councillor questions on councillors’ business.

Email enquiries@otterystmary-tc.gov.uk if you would like more information on how to watch the meeting.

Boris Johnson met with billionaire developer three times before approving his housing scheme

Boris Johnson met three times with a billionaire property developer months before he approved one of his major controversial housing schemes in London, despite objections to the development from the local authority.

Thomas Colson www.businessinsider.com

Boris Johnson met three times with a billionaire property developer in the months before he approved a controversial housing scheme in London, according to a report.

  • Three weeks after their last meeting, Johnson’s deputy Edward Lister approved a planning application for Desmond to build 722 sites in a site in East London, despite objections from the local council, the Times of London report said.
  • A spokesman for the prime minister told the Times that the application was considered properly in 2016 and added: ‘Planning officers recommended approval of the scheme.’
  • The current Housing Secretary Robert Jenrick was also forced to withdraw approval for an even bigger version of the scheme this year, after admitting ‘apparent bias’ in the timing of his approval of the development, which would have saved Desmond up to £50 million.

Boris Johnson met three times with a billionaire property developer months before he approved one of his major controversial housing schemes in London, despite objections to the development from the local authority.

Johnson — who was then the mayor of London — met Richard Desmond, a property tycoon and newspaper owner, three times in 2015 and 2016, the Times of London newspaper reported.

The first meeting took place at the luxury Corinthia Hotel in central London in September 2015, while the second took place over lunch later that month. They met for a final time in January 2016, the report said.

Three weeks after their last meeting, Johnson’s deputy Edward Lister approved a planning application for Desmond to build 722 sites in a site in East London, despite objections from the local council, the Times reported.

A spokesman for the prime minister told the Times that the application was considered properly in 2016 and added: “Planning officers recommended approval of the scheme.”

Desmond’s company then submitted a second application to nearly double the number of homes in the development to 1,524, a scheme which was approved by Housing Secretary Robert Jenrick earlier this year in controversial circumstances.

Jenrick was forced to reverse the decision when it emerged he had approved the scheme just one day before the local council was due to vote on a community charge that would have cost Desmond up to £50 million.

Desmond donated £12,000 to the Conservatives on January 28, shortly after Jenrick approved the scheme. He had previously been a major donor to UKIP.

The housing secretary, who is now facing calls for an inquiry into his behaviour, admitted an “apparent bias” in the timing of the scheme but denied any “actual bias.”

Chris Pincher, a junior minister, also this week admitted that Desmond had brought up the subject when he sat next to Jenrick at a Conservative Party fundraiser in November last year.

Pincher, speaking on Thursday, said Jenrick had made it “absolutely clear” he could not discuss the project with Desmond at the dinner.

The opposition Labour party called on the Conservatives to return Desmond’s donation.

“The Conservatives have broken confidence in the planning system,” Steve Reed, Shadow Secretary of State for Communities and Local Government, said.

“They can only mend it by returning the donation to Mr Desmond and by Robert Jenrick immediately publishing all correspondence with Richard Desmond so the public can see the true reasons for his decision.”

Cathy Gardner’s story has just hit the Mirror!

 

Woman whose dad died in care home to take government to court over coronavirus

Tom Pilgrim www.mirror.co.uk 
A woman is launching High Court proceedings over the Government’s handling of the coronavirus crisis, after her 88-year-old father died in a care home.

Cathy Gardner, chair of East Devon District Council is accusing the government of “avoiding responsibility” and taking a “casual approach” over care home outbreaks.

Ms Gardner’s father, Michael Gibson, who had Alzheimer’s, died in an Oxfordshire care home on April 3 after it accepted the return of a resident from hospital who previously had Covid-19 symptoms and had tested positive.

Mr Gibson, who was not tested for the virus, had a recorded cause of death as probable Covid-19.

His daughter’s legal action hinges on allegations that guidance issued to care homes during February and March saw the Government breach its legal duty to protect care home residents and workers.

She said she was left “appalled” by comments from Health Secretary Matt Hancock in May in which he said a “protective ring” had been placed around care homes during the crisis.

Ms Gardner added: “The truth is that there has been, at best, a casual approach to protecting the residents of care homes; at worst, the Government have adopted a policy that has caused the death of the most vulnerable in our society.

“It is completely unacceptable that this happened and that responsibility has been avoided.”

A letter sent to Mr Hancock earlier this month by her lawyer, Paul Conrathe of Sinclairslaw, said Ms Gardner believed policies adopted by the Mr Hancock, NHS England and Public Health England had “manifestly failed to protect the health, wellbeing and right to life of those residing and working in care homes”.

It claimed: “Their failings have led to large numbers of unnecessary deaths and serious illnesses.

“In addition, the failings of Government have been aggravated by the making of wholly disingenuous, misleading and – in some cases – plainly false statements suggesting that everything necessary has been done to protect care homes during the pandemic.”

Meanwhile, a lawyer representing the Covid-19 Bereaved Families for Justice UK group said an immediate interim inquiry was needed into the Government’s current and future health policies to protect lives if there is a second peak of the virus.

Elkan Abrahamson, from the law firm Broudie Jackson Canter, told the Press Association news agency that scrutinising policy was about “life or death decisions”.

He suggested an inquiry could be led by a High Court judge, supported by expert assessors, to examine issues such as returning children to school, personal protective equipment (PPE) provision and care home policy.

He argued that the Government was “not being specific” in its approach and needed to “win back public confidence”.

“You lose the public confidence and you lose compliance with guidance, that’s the real problem,” Mr Abramhamson said.

He added: “What’s going to happen when the next spike comes, which it will? What are they going to do about lockdown? What are they going to do about PPE? What are they going to do about protecting care homes?

“All these things have not really been properly explained by the Government.”

Mr Abrahamson said: “People are dying now and people will be dying during the next spike, perhaps needlessly.”

The lawyer said families had told him that “my loved one’s life could have been saved”, and they had criticised the delay in introducing lockdown and the shortages of PPE.

Matt Fowler, the founder of the group of families, told BBC Radio 4’s Today programme today: “I absolutely believe that my dad’s death could have been prevented if things were handled in a different manner.

“He was only 56, so he has gone way, way before his time.”

Asked whether different Government decisions could have saved the life of his father, Mr Fowler said: “Absolutely.”

He said legal action was justified to try to force an immediate probe, stating: “If my actions can save one life, it may seem inconsequential to the people at large, but that person’s family, that person can be their entire world.”

A Government spokesman said he could not comment on possible legal action over its care homes policy.

Responding to calls for an inquiry, the spokesman said: “At some point in the future there will be an opportunity for us to look back, to reflect and to learn some profound lessons.

“But at the moment, the most important thing to do is to focus on responding to the current situation.”

Cathy Gardner’s legal challenge over Care Homes also well publicised on the BBC

The national publicity Cathy Gardner’s story has received today (BBC and The Guardian) has helped to boost crowdfunding so that a new target of £50K has been set. She has already had to commit to the next formal set of legal actions because of time constraints. This is when costs begin to mount and crowdfunding becomes critical to her ability to continue.

The Government can be expected to reply at the last moment to spin things out. – Owl

Keep spreading the news! Holding the Government to account on Care Homes is something we should all support – Dr Cathy Gardner is leading the way on our behalves.

Coronavirus: Government sued over care home deaths ‘disgrace’

 

https://www.bbc.co.uk/news/uk-england-devon-53012565

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.

Dr Gardner, from Sidmouth, Devon, said her father’s death was part of a “national disgrace”.

She added her case was about everybody, including care home residents, staff and the family members of those who had been put at risk or died.

More than 14,000 people have died from coronavirus in England and Wales care homes since the start of the pandemic.

The government has faced criticism for policies allowing patients to be discharged from hospitals into care homes without being tested for Covid-19.

Lawyers representing Dr Gardner sent a pre-action letter to Health Secretary Matt Hancock, NHS England and Public Health England on 2 June, demanding they admit those policies were unlawful.

The government has until Tuesday to respond but lawyer Paul Conrathe, representing Dr Gardner, said the case needed to be lodged on Friday before receiving a reply due to time limits.

“Legally the state is required to protect its citizens, protect their right to life,” he said.

“Our view is not only did they not protect them but they actively exposed them to harm.”

Mr Gibson, who had Alzheimer’s, was a resident at the Cherwood House Care Centre, near Bicester, Oxfordshire.

 

Changing advice

  • On 19 March, NHS guidance said “unless required to be in hospital, patients must not remain in an NHS bed”
  • On 2 April, the rules on discharging to care homes were clarified, saying “negative [coronavirus] tests are not required prior to transfers/admissions into the care home”
  • From 15 April, the government said all patients discharged from hospitals would be tested for coronavirus

Dr Gardner, who praised the care he was given there, was able to see him through a window the night before he died.

She said: “This was heart-breaking, it’s not how I imagined his last days would be.”

His cause of death was recorded as probable Covid-19-related but he had not been tested.

Dr Gardner’s lawyers claim that prior to his death the care home had been pressured into taking a hospital patient who had tested positive for Covid-19 but “had not had a temperature for about 72 hours”.

Dr Gardner, a microbiologist with a PhD in virology, said: “Somebody needed to take the lead and I thought … I can so I should.

“It is a national disgrace and it needs to be held up as such and not just brushed under the carpet.”

Dr Gardner, who is also chair of East Devon District Council, is crowdfunding to help cover legal fees and has so far raised £10,000. [Now raised to £50K – Owl]

Chief nurse was dropped from coronavirus briefings ‘after refusing to back Dominic Cummings’

England’s chief nurse was dropped from one of Downing Street’s daily coronavirus briefings after refusing to publicly back Dominic Cummings, senior sources have told The Independent

…Separately Whitehall officials are critical of what they see as No 10’s grip on the daily briefings and the way the science and health advice is being used.

(Owl recalls a correspondent recently describing the civil servants who flank the daily No 10 briefing as “alter boys” and “alter girls”)

Shaun Lintern Health Correspondent www.independent.co.uk 

As Boris Johnson’s chief aide was engulfed in scandal over his trips to Durham and Barnard Castle during lockdown, Ruth May had been due to appear alongside health secretary Matt Hancock in the press conference.

But, in practice questions hours before the briefing, she was asked about Mr Cummings and, after failing to give support to the prime minister’s chief adviser, she was immediately dropped from the press conference, according to senior NHS sources.

Instead the health secretary had to present the slides on Covid-19 himself for the first time, alongside Professor John Newton from Public Health England. The incident, on 1 June, was two days after England’s deputy chief medical officer Jonathan Van-Tam sparked headlines by saying that lockdown rules “apply to all” when asked about Mr Cummings. He has not appeared at the press conferences since 30 May.

A senior NHS source said: “A No 10 SPAD [special adviser] asked her directly how she would answer the Dominic Cummings question and she refused to play along and told them she would answer the same way as Jonathan Van-Tam. She was dropped immediately from the press briefing.”

Another added: “JVT was the first to publicly push back on TV. Everyone is being asked to support the government positions prior to doing a press conference. If they don’t, they get dropped.

“First it was Dominic Cummings, then easing lockdown and now the R-rate and the two-metre rule.”

Separately Whitehall officials are critical of what they see as No 10’s grip on the daily briefings and the way the science and health advice is being used.

No 10 has previously touted the briefings – with ministers alongside health and scientific advisers – as an opportunity for the public to get advice directly from the experts on coronavirus. When they began in March, Downing Street said they would focus on informing the public “on how to protect themselves”.

In April, when questions from members of the public were introduced alongside those from journalists, the prime minister’s official spokesman said it was “absolutely right that the public gets the chance to put their questions to the government and its experts”.

Mr Johnson repeatedly insisted that public adherence to lockdown would not be affected by the revelations involving Mr Cummings.

The latest news on Brexit, politics and beyond direct to your inbox

On 28 May, he blocked chief medical officer Chris Whitty and chief scientific adviser Sir Patrick Vallance from answering a media question about the affair, before both men insisted that as civil servants they did not want to be pulled into politics.

The chief nurse was also due to appear at the press conference on 5 June, but did not after being delayed by traffic.

Asked to comment, No 10 said it strongly denied the claims that she had been dropped over her views on Mr Cummings and added that health and scientific advisers would continue to take questions in the briefings. NHS England was also approached for comment.

More on Cumming’s Durham hideaway – is the Council Tax being paid?

Extract from the Mirror 11 June

Durham County Council received a string of complaints about the home Boris Johnson’s aide travelled 250 miles to stay in at the end of March.

Now the council has said it found “historic breaches of planning and building control regulations”.

But it did not say what those breaches were, and said no enforcement action would be taken because of a time limit on doing so.

The council has referred separate complaints ” in respect of non-payment of Council Tax” to the Valuation Office for “consideration and review”.

Readying the NHS and adult social care in England for COVID-19 – National Audit Office (NAO) Press release

 

Readying the NHS and adult social care in England for COVID-19 – National Audit Office (NAO) Press release

For Meg Hillier’s (Chair of the Public Accounts Committee) comments see this post.

Today’s report by the National Audit Office (NAO) provides a factual overview of the response by the Department of Health and Social Care (DHSC) and other bodies during March and April 2020 to prepare the NHS and adult social care in England for the COVID-19 pandemic. It is the second report in the NAO’s programme of work on government’s response to the outbreak.

After declaring a Level 4 National Incident1 in relation to COVID-19 in late January, on 17 March the NHS set out measures to prepare for a surge in infections. From 13 March DHSC began to issue guidance to the care sector before publishing an action plan for adult social care on 15 April. So far, government has allocated £6.6 billion from the Coronavirus Emergency Fund to support the health and social care response to COVID-19 and £3.2 billion directly to local authorities to respond to COVID-19 pressures across local services.

Action taken by the NHS to increase capacity meant there were enough beds and respiratory support nationally at the peak of the outbreak in April. Between mid-March and mid-April, the NHS increased the number of beds available for COVID-19 patients from 12,600 to 53,700, by, for example, discharging patients and postponing elective, or planned, procedures. Planned activity fell by 24% in March 2020 compared to March 2019. The NHS also contracted with private hospitals to use up to an additional 8,000 beds, and established temporary Nightingale hospitals.

This meant that nationally the number of COVID-19 patients never exceeded the number of available beds. From early March to mid-May, available ventilators and other oxygen support also increased, with the number of mechanical ventilators rising from 9,600 to 13,200. Over the April peak, the NHS also met the national demand for oxygen supply.

Other measures implemented to help the NHS cope with the outbreak included the temporary deployment of 18,200 additional staff to clinical and support roles, of which around 8,000 were retired or former staff making themselves available for such roles.

There have been numerous outbreaks of COVID-19 within adult care homes in England, with more than one in three reporting an outbreak between 9 March and 17 May. This peaked at just over 1,000 homes in the first week of April. Some parts of the country were more affected than others, with the North East being the area with the largest proportion of its care homes (just under half) reporting an outbreak by 17 May.

Patients discharged quickly from hospitals between mid-March and mid-April were sometimes placed in care homes without being tested for COVID-19. On 17 March, hospitals were advised to discharge urgently all in-patients medically fit to leave in order to increase capacity to support those with acute healthcare needs. Between 17 March and 15 April, around 25,000 people were discharged from hospitals into care homes, compared with around 35,000 people in the same period in 2019. Due to government policy at the time, not all patients were tested for COVID-19 before discharge, with priority given to patients with symptoms. On 15 April, the policy was changed to test all those being discharged into care homes. It is not known how many patients discharged to care homes had COVID-19 at the point they left hospital.

The £3.2 billion funding for local authorities was to help them respond to COVID-19 pressures across all the services they deliver, including adult social care. Some in the sector are concerned that local authorities have not increased the rates they pay to care providers. In a survey by the Association of Directors of Adult Social Services, around half of local authorities said they were temporarily increasing rates.

Testing for health and social care workers has faced challenges. On 17 March the NHS announced that testing would begin being rolled out to NHS staff with symptoms. Limits on testing capacity meant tests started to be rolled out to symptomatic NHS staff from 27 March. This was extended to care workers on 15 April and to the rest of their households two days later. From 28 April, all care home staff were eligible for tests but the DHSC capped the daily amount of care home tests at 30,000, to be shared between staff and residents. The government does not know how many NHS or care workers have been tested in total during the pandemic. Based just on tests carried out by the NHS, NHS England & NHS Improvement estimates that the number of NHS staff and the people they live with who were tested increased from 1,500 to 11,500 a day during April.

A range of bodies across health and social care have raised concerns about the supply of personal protective equipment (PPE). At the start of the outbreak, the only central stockpile of PPE was designed for a flu pandemic. Although an independent committee advising on stockpile contents had recommended in 2019 that items such as gowns and visors should be included, these had not been stockpiled. The central procurement route set up to supply PPE during the outbreak met the modelled PPE requirement (under a worst case scenario) for some items in NHS trusts, but distributed 50% or less of the modelled requirement for gowns, eye protectors, or aprons. It only addressed a small proportion of the modelled requirement for PPE among social care providers.

Within its wider programme of COVID-19 related work, the NAO will undertake more detailed assessments of specific elements of the health and social care response, which will also help to identify lessons for subsequent stages of this pandemic and other future emergencies.

Care homes were ‘afterthought’ with devastating coronavirus consequences

Years of failed efforts to integrate NHS and social care hampered the response to the coronavirus crisis, according to the first independent report into preparations for the pandemic.

This article is based on a National Audit Office (NAO) report published today. Owl publishes the NAO press release separately.

Meanwhile Dr Cathy Gardner’s Judicial Review takes another step forward.

Kat Lay, Health Correspondent www.thetimes.co.uk 

The National Audit Office report into the work done to prepare services showed that care home residents were “an afterthought”, Meg Hillier, the chairwoman of the Commons public accounts committee, said last night.

The report said that 25,000 hospital patients had been discharged to care homes at the height of the pandemic. It said: “Due to government policy at the time, not all patients were tested for Covid-19 before discharge, with priority given to patients with symptoms.” It also found that one in three homes for the elderly had suffered virus outbreaks.

Ms Hillier said: “Care homes were at the back of the queue for both PPE and testing so only got a small fraction of what they needed from central government. Residents and staff were an afterthought yet again: out of sight and out of mind, with devastating consequences.”

The report highlighted a “problematic” relationship between social care and the NHS. It said: “We have reported on successive efforts to integrate the two sectors: there have been 12 government white papers, green papers and consultations, and five independent reviews on integration over the past 20 years.

“Going into the pandemic, meaningful integration was still to occur, however, and the lack of it has made responding to the crisis more difficult in a number of ways.”

Issues included a lack of clear data available from social care because of its fragmented nature, with about 20,000 independent providers.

The report found that only a fraction of necessary PPE reached care homes and hospitals from central stocks, and that calls for gowns and eye protection to be added to government pandemic stockpiles had not been heeded.

Central stocks had supplied only 20 per cent of the gowns, 33 per cent of the eye protection and 50 per cent of aprons that models had suggested were needed in health settings under a “reasonable worst-case scenario”, the report said. It added: “Central stocks distributed to social care accounted for 15 per cent or less of the modelled requirement for any item of PPE, apart from facemasks.”

Ms Hillier said frontline health workers had been “badly let down by the government’s failure to prepare properly”. She added: “Shockingly, the government squandered the last opportunity to add to the central PPE stockpile, even after the NHS had gone to the highest level of alert.”

The report, which covers the period since the NHS moved to its most severe incident level in January, also found that despite testing being available for health staff in some form since the end of March, ministers still did not know how many NHS or care workers had been tested in total.

Jeremy Hunt, chairman of the Commons health and social care committee and a former health secretary, said: “It seems extraordinary that no one appeared to consider the clinical risk to care homes despite widespread knowledge that the virus could be carried asymptomatically. Places like Germany and Hong Kong took measures to protect their care homes that we did not over a critical four-week period.”

A Department of Health and Social Care spokeswoman said: “We have delivered over 1.7 billion pieces of PPE and continue to ensure supplies reach the frontline. The modelled PPE requirements presented in this report are theoretical worst-case estimates — it is misleading to compare them to figures on centrally procured PPE which do not account for equipment supplied through other routes or existing local stocks.”

 

Matt Hancock faces legal action from daughter of Covid-19 care home victim – Cathy Gardner’s case gets National Coverage

Just posted on the Guardian web site in the past few hours.

“Dr Cathy Gardner launched a high court claim on Friday after her father, Michael Gibson, a retired superintendent of births, marriages and deaths, died in an Oxfordshire care home in early April. He became infected after a patient who tested positive for the virus was discharged from hospital into the home.”

Owl understands that Dr Cathy Gardner has had to commence proceedings in the High Court. There is a strict timetable of when various formal steps have to be taken and Owl assumes that she is now seeking a “permission” from the High Court. This is a paper exercise in which a High Court Judge reviews the case to see whether it is an arguable one in court and therefore can be pursued further.

When Sky News reported the story a week ago they quoted independent barrister James Robottom as saying “I’ve got absolutely no doubt that permission will be granted by the High Court to proceed to judicial review.”

At this stage costs begin to mount and Owl would encourage all those who care about the state of our Care Homes to back the  crowdfunding of her case to the hilt.

 

Robert Booth www.theguardian.com 

Matt Hancock is facing legal action from the daughter of a man who died from Covid-19 in a care home in which the health secretary is accused of a “litany of failures” and misleading the public with his claim to have “thrown a protective ring” around care homes.

Dr Cathy Gardner launched a high court claim on Friday after her father, Michael Gibson, a retired superintendent of births, marriages and deaths, died in an Oxfordshire care home in early April. He became infected after a patient who tested positive for the virus was discharged from hospital into the home. 

The request for a judicial review alleges failings “have led to large numbers of unnecessary deaths and serious illnesses” and have been “aggravated by the making of wholly disingenuous, misleading and – in some cases – plainly false statements suggesting that everything necessary has been done to protect care homes during the pandemic”.

The move comes amid growing anger among families of care home residents at policies they believe may have caused their loved ones to become infected. Several have raised complaints with hospitals and care homes about infection control, including the discharging of Covid-negative residents into homes with outbreaks.

Thirty-five councils have also blamed virus spread on discharges with hospital patients sent to homes that did not have sufficient protective equipment and/or facilities to isolate infected residents.

Other cases include a decision to discharge John Heywood, 83, from Addenbroke’s hospital in Cambridge into a Peterborough care facility with an outbreak. He contracted the virus and survived, but his family have lodged a formal complaint with Addenbroke’s.

“I was really upset and angry,” said his daughter, Sarah Hayward. “I called the [hospital] discharge planning team and they said there was no obligation to tell us if there’s Covid in a home. I felt it was out of our control. It didn’t make sense. How on earth could they do that?”

Addenbroke’s said it would launch a full investigation, but only after the Covid-19 crisis has passed. In a statement, Cambridge University hospitals medical director, Dr Ashley Shaw, said: “Our discharge planning team take great care in ensuring that decisions are made in the best interests of patients, and that the facility to which a patient is being discharged is able to support the patient’s needs at that time.”

In another case, the family of Hughie Leyland, 90, believe he contracted the virus and died aged 90 at the Westwood Hall care home in Wirral after it accepted discharged hospital patients. 

“You don’t put people from a hospital where they may have had the virus into a place with the most vulnerable people,” said his daughter-in-law, Charlie Leyland. “If this was one mistake, that’s one thing, but it has been happening all around.” 

Leyland entered the home on 23 March, at a time when Department of Health guidance stated that “negative tests are not required prior to transfers/ admissions into the care home”. It was not until 16 April that the government announced NHS patients being discharged into care homes would be first tested for Covid-19. Leyland died on 19 April.

The home owner, Springcare Ltd, said: “Our overall experience of the testing programme introduced by the government has been poor. Guidance on testing people prior to discharge from hospital … changed when the virus was most virulent and there was heightened media coverage on the rising number of cases in care homes of residents who were testing positive or symptomatic.”

The Care Quality Commission is also investigating claims that “a patient’s positive Covid-19 status was known to the hospital but not disclosed at the point of discharge” – a potential breach of the Health and Social Care Act. More than 15,000 people have died from known or suspected Covid-19 in UK care homes.

In the letter initiating her claim that Hancock, the secretary of state for health and social care, breached his legal duty, Gardner’s lawyers allege “policies and measures adopted by the health secretary, NHS England and Public Health England have manifestly failed to protect the health, well-being and right to life of those residing and working in care homes”.

Gardner said she hoped her case would focus attention on decisions to order care homes to accept hospital discharges, the struggle to access enough personal protective equipment and a lack of comprehensive testing. She is crowdfunding for legal costs, which she estimates could reach £60,000. 

“By the time the government said they were going to introduce testing [for hospital discharges on 15 April] people had already died. My father died on 3 April. The time to protect the care homes was at the beginning.

“I want to hold them to account and this seems to be the best way of doing it. We are looking for an admission of wrongdoing and policies to make sure this doesn’t happen again.”

Her case alleges: 

  •  The government breached its obligation “to take appropriate steps to safeguard the lives of those within its jurisdiction” and to do “all that could have been required of it to prevent … life from being avoidably put at risk” as set out in the European convention on human rights. 
  • The government breached the National Health Service Act 2006 requiring it protect “the public in England from disease or other dangers to health” and the Equalities Act – equal and fair treatment of individuals with protected characteristics of age and disability and also potentially race.

It highlights the Department of Health and Social Care’s February guidance to care homes that it was “very unlikely that anyone receiving care in a care home or the community will become infected” and the advice in March that “negative tests are not required prior to transfers/admissions into the care home”.

The case highlights the Public Health England guidance to care homes on 13 March that did not ban visits and instructions from NHS England on 17 March that “community health providers must take full responsibility for urgent discharge of all eligible patients identified by acute providers” and health ministry guidance in April that “negative tests are not required prior to transfers/ admissions into the care home”

It also demands to see the evidence behind Boris Johnson’s statement on 13 May, that “we brought in the lockdown in care homes ahead of the general lockdown”, and said Hancock and the other agencies “formulated and applied a policy in respect of care homes that is different to the policy that they have publicly declared”.Hancock has previously said that “from the start, we have worked hard to protect those in social care”. He told parliament last month: “We will not rest in doing whatever is humanly possible to protect our care homes from this appalling virus, to make sure that residents and care colleagues have the safety and security they deserve.”The Department of Health and Social Care and NHS England said they could not comment on ongoing legal proceedings.

 

Ministers have spent just £16,500 on Pick for Britain campaign to support the farming sector

More disappointing news for farmers – the Government appears to be giving only token support – Owl

“..despite ministers pledging from early March that they would help the farming industry with a recruitment campaign, a Freedom of Information request shows that no money was spent on the drive in April and just £16,500 up to 18 May, the latest date for which figures are available.”

By Jane MerrickJune 11, 2020 inews.co.uk

Exclusive: FOI request by the Lib Dems reveals low spending on recruitment drive for UK fruit and veg pickers

The campaign to recruit tens of thousands of fruit pickers to help the farming sector through the pandemic has spent just £16,500 of government money, it has emerged.

The Government’s “Pick for Britain” scheme was launched in April to meet a shortage of European agricultural workers who are unable to travel to the UK because of coronavirus.

Yet despite ministers pledging from early March that they would help the farming industry with a recruitment campaign, a Freedom of Information request shows that no money was spent on the drive in April and just £16,500 up to 18 May, the latest date for which figures are available.

The i newsletter cut through the noise

The Liberal Democrats, who submitted the FOI request, claimed the low spending showed that Boris Johnson was not doing enough to prevent food shortages in the wake of the pandemic.

Shortfall

Tim Farron, the Lib Dems’ rural affairs spokesman and former leader, said the spending was a “pittance” given the importance the Government had placed on the Pick for Britain campaign.

Every year around 80,000 seasonal workers, many of them from Eastern Europe, pick fruit and vegetables on British farms, but the National Farmers Union has said the sector would still need around half that amount to plug the shortfall in the workforce due to Covid-19.

The revelation follows a warning by the British Retail Consortium last week that there could be an “even bigger challenge” to UK food supplies than coronavirus if there is a no-deal Brexit.

In March, ministers said they would need to recruit UK fruit and vegetable pickers and in April, the “Pick for Britain” website was launched. But it was only on 19 May that the campaign took centre stage at the daily Downing Street press briefing on coronavirus, highlighted by Environment Secretary George Eustice.

No deal concerns

The FOI response from the Department for Environment, Food and Rural Affairs says: “There has been no amount spent by Defra on any aspect of Pick for Britain campaign from its inception up to 30 April 2020.

“There has been £16,500 spent by Defra on the Pick for Britain campaign from 1 May 2020 to 18 May 2020. Please note that Defra does not run the Pick for Britain website, so incurs no cost here. The budget for future spending by Defra for this campaign is £83,500.”

Mr Farron said: “Farming communities up and down the country are rightly concerned about the impact of a no-deal Brexit. A bad deal for farmers is a bad deal for consumers.

“The pittance Conservative ministers have spent so far to get people into vital jobs across the agricultural sector shows their cavalier attitude to the enormous risk of food shortages in the UK.

“It is time to come good on promises. Ministers must help secure the essential labour that farmers rely on to bring in the harvest, whether that’s by further investing in local recruitment or doing more to maintain the labour we have relied on from overseas.”

Mr Farron said the Prime Minister should remove his “arbitrary deadline” for Brexit and extend the transition period to help the country adjust following the pandemic.

Last week Andrew Opie, chairman of the British Retail Consortium, told the Environment Food and Rural Affairs select committee: “If we get a disorderly Brexit, we potentially face a bigger challenge than the food supply chain faced in Covid.

“Then we do not have the food in the country to move around, which is the bit we did really well in this crisis.

“We need to focus on having a proper Brexit decision made in advance of January. Otherwise, we have potentially a bigger problem than we had in Covid.”

A Defra spokesperson said: “Seasonal workers are essential to help farmers and growers bring in the harvest every year, which is why we’ve been working hard to ensure farmers and growers have the support they need during this time – connecting potential workers with job opportunities via the Pick for Britain hub we developed with industry.

“There has been strong interest in these opportunities across the country and a number of growers have already signed up the new recruits they needed for their farms. We encourage people to keep checking the Pick for Britain website for new vacancies as the season progresses.”

This story has been updated with response from Defra.

DPP threatened with legal action over failure to investigate Dominic Cummings

The director of public prosecutions, Max Hill, is being threatened with legal action over the failure to investigate Dominic Cummings for alleged breaches of the lockdown rules.

Director of public prosecutions threatened with legal action over failure to investigate Dominic Cummings

Matthew Weave www.theguardian.com 

A legal team, headed by the barrister Michael Mansfield, has twice written to Hill, expressing concern that no action has yet been taken against Cummings after a Guardian and Daily Mirror investigation revealed the prime minister’s chief adviser travelled with his family to Durham and Barnard Castle during the lockdown.

The letters were sent on 3 and 8 June on behalf of Martin Redston, a 70-year-old London engineer who is concerned that the lockdown laws should apply to everyone irrespective of their position in government.

Replying to Redston’s second letter, Hill’s office confirmed his complaint had been passed to a special crime division of the Crown Prosecution Service (CPS) and a full response would follow in “due course”. But it stopped short of saying the matter was being actively considered, as requested by Redston’s legal team, which also includes the firm Hackett & Dabbs.

In a new letter to Hill sent on Tuesday, Redston’s lawyers claim the failure to provide a substantive response were grounds for a judicial review. And it threatened to begin proceedings if no action is taken by Hill by 4pm on Thursday 11 June.

The letter said the demand for urgency was “proportionate” given “a very serious loss of public confidence in the due process of the rule of law” at a time of a continued public health emergency that requires public compliance. It also warned any delay risked losing evidence such as CCTV footage and credit card records relating to Cummings’ movements in the north-east.

The letter also pointed out that in his statement from the rose garden of Downing Street, Cummings admitted returning to work at No 10 on 27 March after tending to his wife who was displaying symptoms of coronavirus. He then admitted travelling to Durham with his wife to seek childcare for their four-year-old son, the letter pointed out.

A spokesman for Hill and the CPS said: “We have responded to the letter today referring those involved to the relevant police force as investigating alleged offences is a matter for the police not the CPS.”

Redston’s lawyers point out that under the CPS’s own policy it may receive an allegation of an offence from a member of the public and can refer such cases to the police.

Redston, whose complaint is being funded by donations to Crowd Justice, said: “The prime minister was absolutely unequivocal when he said people needed to ‘Stay at home, Protect the NHS and Save Lives’. The rules were entirely clear and should apply to everyone.”

He said he was prevented from attending a friend’s funeral due to the lockdown restrictions. And he has also been unable to see his grandchildren since the start of the outbreak.

After recovering from coronavirus, Cummings admitted travelling to Barnard Castle with his family on 12 April to test his eyesight.

An initial three-day investigation by Durham police into Cummings’ travels found that he might have breached health protection regulations when he took a 52-mile round trip to the town.

But it said Cummings’ 516-mile round trip from London to Durham and back had not broken health protection regulations. The force decided to take no further action after making no finding in relation to “stay at home” government guidance.

On Sunday, a separate campaign for a new investigation into Cummings over alleged breaches was launched, by lawyers with the backing of health workers and some families of coronavirus victims.

  • The headline of this article was amended on 11 June 2020 because an earlier version referred to the director of public prosecutions as the “UK’s top prosecutor”. The position relates to England and Wales, not the UK.

 

Coronavirus: Ministers consider NHS contact-tracing app rethink, or maybe not

This article from the BBC critical about the efficacy of the NHX contact tracing app appears on the same day as a much more bullish article from the Times.

Is No 10 briefing in two different directions? Is this one of Dominic Cummings’ “do the unexpected” cunning plans? Or is the Government in disarray?

Owl is posting both for comparison and contrast – first the BBC: 

Coronavirus: Ministers consider NHS contact-tracing app rethink

www.bbc.co.uk

Concerns about the risks of deploying a go-it-alone UK coronavirus contact-tracing app are causing further delays.

A second version of the smartphone software was due to have begun testing on the Isle of Wight on Tuesday, but the government decided to postpone the trial.

Ministers are considering switching the app over to tech developed by Apple and Google.

But countries testing that model are experiencing issues of their own.

Health Secretary Matt Hancock had originally said the NHS Covid-19 app was to be launched across England – and possibly other parts of the UK – by 1 June.

But he subsequently said the government had decided it would be better to establish a network of human contract tracers first.

However, the BBC has discovered that one of the main reasons the initiative is running behind schedule is that developers are having problems using Bluetooth as a means to estimate distance.

Even so, they still believe they are better placed to tackle the challenge than counterparts overseas who are working under constraints imposed by the two US tech firms.

Bluetooth handshakes

Contact-tracing apps are designed to prevent a second wave of infections by keeping a log of when two people are in close proximity to each other and for how long.

If one of the users later tests positive for the disease, the records are used to determine how likely it is they infected the other. If required, an alert is triggered to help prevent the further spread of the virus.

The UK has adopted what is known as a “centralised” approach, meaning that the contact-matching process is carried out on a remote computer server. One benefit is it offers epidemiologists more data to tackle the pandemic. France and India are other countries to have adopted this model.

By contrast, Apple and Google’s “decentralised” approach carries out the matches on the handsets themselves, on the grounds this better protects users’ privacy.

Poland switched its app from a centralised to decentralised approach on Tuesday. Switzerland, Ireland, Germany, Italy and Latvia are among others to have adopted the tech giants’ design.

Both systems rely on Bluetooth “handshakes” to work.

Number 10 is concerned that iPhones will not always detect each other because of a restriction Apple has imposed on apps that do not adopt its model.

But the UK team has devised a workaround and is more concerned about other limitations of using Bluetooth.

Train trouble

Some of these issues were outlined in a study published by Trinity College Dublin last month.

It highlighted problems with using received Bluetooth signal strength as a means to estimate distance.

Researchers warned signal strength “can vary substantially” depending on:

  • how deeply a handset is placed in a bag
  • whether the signal has to pass through a human body to reach the other phone
  • if the two people are walking side-by-side or one behind the other
  • if the devices are indoors rather than outdoors
  • whether the smartphone is surrounded by metal objects

The report highlighted troubling results when Singapore’s TraceTogether app was tested.

Image copyright PA Media Image caption Ireland’s police force is among organisations trialling a contact-tracing app ahead of a planned national rollout

An experiment within a stationary train carriage found that when users moved from a distance of 3.5m (11.5ft) to 4m, signals became stronger rather than weaker because of the way metal objects were reflecting the radio waves.

A trial in a supermarket also found the received signal strength was the same whether two people were walking close together or 2m apart.

Follow-up tests using Apple-Google’s tech are currently under way.

“The work is ongoing, but preliminary results are broadly consistent with previous observations,” said Dr Brendan Jennings, who has been tasked with assessing the effectiveness of Ireland’s Covid-19 app.

Hidden data

The team behind Switzerland’s SwissCovid app is carrying out tests of its own.

Its Bluetooth measurement chief believes the issue can be partly addressed by taking a range of readings over a period of five minutes or more.

But he added that Apple and Google had placed curbs on what could be achieved.

“The Google and Apple API [application programming interface] limits the amount of raw information that is actually exposed to the app,” Prof Mathias Payer told the BBC.

“For maximum utility, we would get all the different measurements, but this has privacy implications.”

Image copyright Getty Images Image caption Swiss MPs have given permission for the country’s contact-tracing app to be launched nationwide

Apps using Google and Apple’s tech do not get to see the actual signal strength but rather one of three values, based on calculations used to normalise the different ways Bluetooth behaves on different handsets,

By contrast, the UK team can currently obtain the measurements directly.

Those responsible believe a further advantage of their centralised approach is that the data can be processed on the server involved, since it would be too taxing a task to be done on smartphones.

But part of their challenge is communicating this to Baroness Dido Harding – who heads up the wider Test and Trace programme – and 10 Downing Street itself.

A spokesman for the prime minister declined to comment.

Now the Times

Tracing app cuts spread of coronavirus on Isle of Wight

Oliver Wright, Policy Editor www.thetimes.co.uk

Contact tracing and the NHS’s covid smartphone app have identified infections and reduced the spread of the virus, official figures suggest.

An analysis of the integrated system, that is being used on the Isle of Wight, appears to show that it has succeeded in containing the infection during a month long trial.

The findings are likely to be highlighted by an official evaluation of the project to be published next week and will increase pressure on the government to launch the app across the country.

There have been reports that Downing Street is cooling on the new NHS Covid 19 app amid delays to the nationwide roll out.

However this was denied yesterday by senior government sources who insisted that the app still had an important role to play in containing the virus while easing lockdown restrictions.

Official government data of confirmed cases of coronavirus, broken down by local authority areas, show that at the start of the trial on the Isle of Wight on May 7 there had been 154 cases on the island.

Over the following month, during which time the app and tracing system was in place, a further 47 cases were identified – a rise of 30.5 per cent.

Across England, during the same period, the number of confirmed cases of Covid 19 only rose by 12 per cent.

But the data also reveals that the vast majority of the new infections on the island were picked up in the first few weeks of the trial.

How the NHS Covid-19 contact tracing app works

Between May 7 when the system was put in place and May 26, 45 new cases were identified. However since then only two new infections have been identified.

This, experts said, could be evidence that the integrated system was successful at picking up more cases early and eventually halting the spread of the virus on the island.

The figures could be influenced by the greater use of tests on the island, which were only made available nationally to everyone with symptoms nationwide on May 18.

Nevertheless the data does give hope that the integrated system can work to control infection rates as the lockdown begins to ease.

Paul Hunter, professor of medicine at the University of East Anglia said the figures suggested that the rate of infection on the island had declined “more rapidly” than might have been expected.

“It is very hard to draw a definitive conclusion because the overall case numbers on the island are small which makes it hard to prove in a statistically significant way,” he said.

“But it does look promising.”

The island’s MP Bob Seely described the results as “fascinating”.

“Clearly these results need to be studied carefully, but one interpretation of this data may be that the app helped to identify cases – as it is designed to do – and by identifying more cases in the population more quickly it has helped people to take action earlier which has prevented the further spread of the virus, which has resulted in a steeper decline.

“One should be cautious, but it may show that the Island has not only provided a place to test the app effectively, but has also shown the effectiveness of the app too.”

The data comes amid reports that Downing Street is cooling on the concept of the app after initial enthusiasm.

Senior government figures admitted that they had perhaps been “too keen” on the app to begin at the expense of more traditional contact tracing.

“If you look around the world you see that the emphasis everywhere is on more traditional techniques to trace contacts. That doesn’t mean the app doesn’t have a role to play but it is not a single solution.”

Supporters of the programme point out that as lockdown restrictions ease so more people will come into contact with people that they do not know making the app more valuable as a way of controlling the virus.

They also denied suggestions that NHSX, which developed the app, was preparing to scrap it in favour of a system designed by Apple and Google.

“To change tac at this stage would lead to significant delays and there are no other advantages in doing so.”

Lord Bethell of Romford, the minister for innovation, said: “We will publish an evaluation soon explaining the lessons we have learnt and the changes to the app we have made as a result.

“The app will complement the NHS test and trace programme, helping control the spread of the virus by rapidly and anonymously alerting contacts who users may not know, and who would be missed through standard contact tracing methods.”

 

Dominic Cummings sets up panel of “experts” to advise on radical reform of planning laws

Owl wonders how many readers will have followed this correspondent’s example and written to their MP?

See East Devon Watch article

From a correspondent to their MP (not Jupp):

I have been alarmed to read in the last couple of days, news that there are plans being laid out at the moment to divert planning decisions from local councils to business groups owned by the government; or as the Times describes it;  ‘Jenrick and Johnson’s senior aide, Dominic Cummings, have set up a panel of experts to advise on radical reforms to planning laws that will hand control of decisions from local councils to development corporations owned by the government’ – The Sunday Times, June 7th.

Taking planning decisions away from democratically elected bodies who have sworn to represent their constituents and instead giving it to private individuals and business people obviously completely undermines the democratic process and further alienates local communities and people.  Allowing those with pecuniary interests to be in charge of decision making is quite frankly, very disturbing indeed and risks not only the role of local government, but also the countryside, the environment, our local economy which depends on tourism, our children’s health which depends on clean air, our biodiversity, our history, our faith in government and the democratic principle etc etc.  I cannot think of a worse way to solve the housing crisis than to give it to an opaque body with very vested interests.

I appeal to you as our representative at parliament and someone who has shown themselves willing to listen to local people, to raise this issue at Parliament with great urgency as once this has gone through, all our communities, towns, villages and countryside will be at risk.

 

Lockdown a week earlier ‘would have halved coronavirus death toll’

“Professor Neil Ferguson, of Imperial College London, said that thousands of lives had been lost because the government, and the scientists advising it, did not realise how many people were already infected in early March.

“He also suggested that a similar scale of deaths resulted from infections in care homes being four times higher than everywhere else, insisting that scientists had urged ministers at the time to test residents and staff…

“Boris Johnson insisted it was “premature” to judge whether the government should have done things differently.

Chris Smyth, Whitehall Editor www.thetimes.co.uk 

Britain’s coronavirus death toll could have been halved by imposing lockdown a week earlier, one of its architects has acknowledged.

Professor Neil Ferguson, of Imperial College London, said that thousands of lives had been lost because the government, and the scientists advising it, did not realise how many people were already infected in early March.

He also suggested that a similar scale of deaths resulted from infections in care homes being four times higher than everywhere else, insisting that scientists had urged ministers at the time to test residents and staff.

Professor Chris Whitty, the chief medical officer for England, conceded yesterday that the slow increase in testing capacity was his key regret about the early stages of the epidemic. He said there were a “long list of things” that could have been done differently but if he were to choose one “it would probably be looking at how we could [have speeded] up testing very early on”.

He said at the Downing Street coronavirus briefing: “Many of the problems that we had came because we were unable to actually work out exactly where we were, and we were trying to see our way through the fog.”

Boris Johnson insisted it was “premature” to judge whether the government should have done things differently. He said a lot more was known now about the virus than in March and “we made the decisions at the time on the guidance of [the Scientific Advisory Group for Emergencies], including Professor Ferguson.”

Oliver Dowden, the culture secretary, also avoided accepting blame on behalf of the government when questioned yesterday about Mr Ferguson’s remarks on ITV’s Peston. “There will be a time when we need to look at the lessons,” he said.

Rory Stewart, the former Conservative cabinet minister, was one of the most prominent voices arguing for a swifter lockdown in March. He told Today on Radio 4 it was “right that they did follow the scientific advice, but it’s also true, I believe, that from the end of February they should have been challenging it harder on the basis of what they could see was happening elsewhere.”

Professor Ferguson was a key member of Sage until forced to resign for breaking lockdown rules to meet his lover. He contradicted Mr Johnson’s mantra yesterday that ministers had taken the right decisions at the time.

“The epidemic was doubling every three to four days before interventions were introduced. Had we introduced lockdown a week earlier, we would have reduced the final death toll by at least a half,” he told the Commons science and technology committee.

Acknowledging he was “second guessing” with hindsight, he cited studies suggesting that about 1,500 cases had been imported from Spain and Italy in early March which were not picked up because of a lack of screening at the border. He said deaths were higher than the 20,000 he estimated in March because “we underestimated how far into the epidemic this country was, that’s half the reason”.

Professor Ferguson said modelling of a lockdown had been given to ministers nine days before it was imposed. Last night Channel 4 News reported that a paper advocating lockdown was written for a government modelling group on March 9, two weeks before it was imposed. However, minutes showed that on March 13, Sage was “unanimous that measures seeking to suppress spread of Covid-19 will cause a second peak”. On March 16 it advised “there is clear evidence to support [more] social-distancing measures [being] introduced as soon as possible.”

Professor Ferguson said the second and “more avoidable” reason why deaths were so high was that half of them were in care homes. Scientists “made the optimistic assumption that the elderly and the most vulnerable would be shielded as the top priority. That simply failed to happen,” he said.

Sage had told ministers “the only way you can really protect care homes is through extensive testing to ensure infections don’t get in”.

Professor Matt Keeling, of Warwick University, who sits on the scientific pandemic influenza modelling group (SPI-M), a Sage sub-committee, agreed that going into lockdown earlier would have saved lives. He said: “Maybe we should have been jumping up and down and saying ‘has anyone checked care homes?’.” Sir Patrick Vallance, the chief scientific adviser, said while it was “part of the scientific method” to look at what had gone wrong this should be to learn lessons rather than allocate blame.

Planning breaches found on Cummings family estate

Nothing to see here! – Owl

“Stuart Timmiss, [Durham] council’s head of development and housing, said: “While there have been historic breaches of planning and building control regulations, current legislation places a time limit on any enforcement measures and as a result no further action will be taken.”

“However, the council has not specified exactly what breaches of planning and building regulations it did find – and it has not been made clear whether any happened during the time Mr Cummings’ parents have lived there.”

By Richard Moss Political editor, North East & Cumbria www.bbc.co.uk 

There were breaches of planning regulations on the estate where Dominic Cummings stayed during his lockdown trip to Durham, officials have found.

The PM’s adviser stayed with his family in what he said was a “cottage” on his parents’ farm in April.

Durham County Council would not provide details of what regulations had been broken, or when they happened.

But it said no action would be taken as they were “historic”, having happened outside the time limit for enforcement.

Councils have a maximum of between four and 10 years to take action, depending on the nature of the infringement.

An investigation into whether the property where Mr Cummings and his family stayed was correctly registered for council tax is continuing.

Downing Street has been asked to comment but previously declined.

Swimming pool

The council investigated the planning status after receiving a number of complaints following an online article by journalist Alex Tiffin which found no record of a planning application for a cottage on the estate.

City of Durham Labour MP Mary Kelly Foy also raised the issue with the authority.

The only planning applications listed on the council’s website for the farm are for a roof over a swimming pool in 2001, and the removal of various trees.

The prime minister’s senior adviser said he spent part of the lockdown in a cottage on his parents’ estate at North Lodge, on the outskirts of Durham.

He had travelled 260 miles from London with his wife and four-year-old son to get to the family home of his mother and father, Robert and Morag Cummings.

Durham County Council said it had received a number of complaints about whether the property had the correct planning permission, and whether it was correctly registered for council tax.

Stuart Timmiss, the council’s head of development and housing, said: “While there have been historic breaches of planning and building control regulations, current legislation places a time limit on any enforcement measures and as a result no further action will be taken.”

However, the council has not specified exactly what breaches of planning and building regulations it did find – and it has not been made clear whether any happened during the time Mr Cummings’ parents have lived there.

Mr Timmiss said the investigation concluded the main house had not been subdivided, and that the residential use of an outbuilding for family accommodation did not require planning permission.

He added advice had been given to the Cummings family on building control regulations.

Mr Timmiss added: “We have also looked into the complaints raised in respect of non-payment of council tax and will be passing our findings on to the Valuation Office for its consideration and review.”

Mr Cummings said he travelled to Durham because of concerns about childcare for his son, after his wife Mary Wakefield had developed potential coronavirus symptoms. They stayed on the estate for more than a fortnight and he said he developed Covid-19 symptoms while he was there.

Durham Police said Mr Cummings may have breached coronavirus regulations by driving to Barnard Castle during his stay, but the force said it would not take retrospective action.

Mr Cummings had said the 60-mile round trip with his wife and son was to test his eyesight to ensure he could make the journey back to London safely, and that he had acted reasonably and legally.

 

DISCRETIONARY GRANT FUND LAUNCHES IN EAST DEVON – EAST DEVON

Following a decision made on Tuesday’s Cabinet meeting, after what appeared to Owl to be wide ranging discussion involving all councillors and an input from Simon Jupp MP.  –  the following scheme is announced.
(Leader of the Council and Chairman of the Cabinet, Cllr Paul Arnott, told the meeting that he had extended an invitation to Simon Jupp to join the virtual meeting. However, Simon Jupp had to decline as the Cabinet clashed with another meeting.)

A new Government Discretionary Grant aimed at supporting small businesses and charities in East Devon launches today, 10th June.Online applications for the Scheme 3 fund will be open for two weeks, from 10th June to 24th June at www.eastdevon.gov.uk/discretionary-business-grant. This follows previous schemes which supported businesses in the retail, hospitality and leisure sectors as well as small businesses more generally and has seen over £40m being deployed to over 3,000 businesses in the District. The fund aims to support businesses which were not previously eligible for grant funding.Following agreement by Cabinet on 9th June, East Devon District Council will administer the £2.4 million fund to small and micro businesses which were trading on 11 March 2020 and have not been eligible for other grants, except the Coronavirus Job Retention Scheme and the Self‐Employed Income Support Scheme.One of the key eligibility criteria requires businesses to have high ongoing fixed property related costs and to show they have suffered a major fall in income due to the COVID‐19 crisis.A range of grants will be available: £1,000, £2,500, £5,000, £10,000 and £25,000 with all businesses required to meet the same evidence based tests of eligibility. The following business types will be prioritised for funding support, in line with Government requirements:

  • Small businesses in shared offices or other flexible workspaces, e.g. industrial parks, science parks, incubators etc, which do not have their own business rates assessment.
  • Regular market traders who do not have their own business rates assessment.
  • Bed and Breakfasts which pay Council Tax instead of business rates.
  • Charity properties in receipt of Charitable Business Rates Relief which would otherwise have been eligible for Small Business Rates Relief or Rural Rate Relief.

In addition to these national fund priorities, the Council has decided that it will accept applications from local businesses which meet the Government eligibility criteria and:

  • Have high fixed property costs associated with the business (including business rates).
  • Can evidence significant financial loss as a result of the COVID-19 crisis.
  • Employ less than 50 staff.
  • Fall within the retail, hospitality and leisure sectors or can evidence the majority of their customer base are retail, hospitality and leisure businesses.
  • May be classified as a language school.
  • Are not eligible under the national priorities grant scheme.

The Council’s policy also allows for potential special cases to be considered, where businesses are considered most relevant and crucial to our local economy.Councillor Paul Arnott, Leader of East Devon District Council, said:

It is welcome that Government has made this funding available, this time with more locally targeted aims, and we will be working cross party to ensure the money gets out of the building to the enterprises that need it as fast as possible.Our analysis suggests that less than 50% of the funding that would be needed to fully meet local needs has been made available and we do need our MPs to keep pressing the government for further funds.  That said, we urge businesses to apply as soon as possible.

Businesses not eligible for funding under this scheme include:

  • Businesses which were not trading on 11 March 2020.
  • Businesses currently in administration or insolvent, or where a striking-off notice has been made.
  • Businesses eligible for other Government funding schemes (EXCEPT Coronavirus Job Retention Scheme and the self‐employed income support scheme).

Businesses should ensure they have the corresponding supporting documents at hand before starting the application, including bank statement for March, April or May 2020. Other supporting information may be needed for certain business-types, including latest company accounts, HMRC tax return, tenancy agreement. Only one application per business will be allowed, regardless of the number of premises the business occupies.Officers at the Council will be working as quickly as possible to process the claims and cannot respond to each business with individual updates, so businesses are asked to remain patient and a response will reach you as soon as possible.

Why I broke with Boris Johnson

Why I broke with Boris Johnson

By Tim Montgomerie www.newstatesman.

The dashboard was flashing red many months before Boris Johnson’s own life-endangering encounter with Covid-19. Long before 40,000 British deaths from this pandemic and the evaporation of the Prime Minister’s reputation for competence there were multiple signs that the ship of state was heading for rocky times. Key talents had been reshuffled out of the cabinet because they had committed the sin of independent-mindedness. The top table was left with a very middle-ranking membership. Ministerial special advisers who dared to differ had been dispatched and years of hard-won experience lost in the process. MPs learned that messages to the Prime Minister needed to be effusive to have much hope of a reply. More often than not, any critical messages – how- ever constructively worded – were greeted with silence.

It took six years for Margaret Thatcher’s governments to begin to stop listening to alternative voices. The same patterns had emerged within six months of Johnson becoming Prime Minister, and within six weeks of his general election victory last December. In her early years the Iron Lady relished argument and intellectual debate – and those internal jousts strengthened her for the public battles with her true opponents. In the starkest of contrasts, the team inside today’s No 10 has often preferred to greet internal dissent with retribution – much of it pre-briefed to favoured journalists. Throughout the Westminster village every Tory had quickly learned the score: do, say and tweet as you are told – or else. In February’s reshuffle we learned that earning the disfavour of key prime ministerial adviser Dominic Cummings was fatal, even if you were chancellor of the Exchequer. Everyone was dispensable. Except Dom.

Again and again I warned Johnson that “it’s reign of terror now and, inevitably, reign of error next”. In a message from mid-February, I noted that “ministers increasingly fear rather than respect your No 10 operation” and that there was little free-thinking across his government. I urged him to appoint an outsider – perhaps a former White House chief of staff – to conduct a widespread review of his No 10 set-up. He needed to establish how his Downing Street office should be reconstructed so that it had a chance of meeting the challenges of our time. I begged him to anticipate looming problems before it was too late. I pinpointed a “shortcutting of proper process to hit objectives”. I worried about curtailed cabinet meetings where issues such as the economic impact of coronavirus received just five minutes of “discussion” in January. All these private calls for a course correction went unheeded. On 27 February I told him that, with enormous sadness, I was walking away from his offer to me of a “great project”. I could see the car crash coming and I couldn’t bear to be part of it.

And it was with enormous sadness. I was demoralised by his operation’s treatment of good people. In the wake of December’s mighty election victory I had been exhilarated by the prospect of what a pro-Brexit, pro-social justice Tory government could do with a solid majority over a five-year term. But that victory had gone to too many young heads. It had been an impressive win but it wasn’t all down to the brilliance of Johnson’s circle, whatever they seemed to think. It owed much to the most left-wing Labour leader of modern times and his manifesto containing an impossible number of promises. It also owed much to a widespread desire from within non-traditional Tory voters for an end to the chaos and disunity of those hung parliament years.

Sadly, No 10 hasn’t left its campaigning tactics of divide-and-rule behind it. It’s still campaigning 24/7 – constantly crossing the road to pick a fight with enemies inside the Conservative Party, in the media and beyond. Many who worked with Cummings – when he advised Iain Duncan Smith, when he was at the Department for Education, or when he was at Vote Leave – will recognise the pattern of pugilism.

The tragedy is that it didn’t need to be this way. Johnson was not like this when he ran London. He was an upbeat, inclusive mayor who embraced issues such as climate change, same-sex marriage and the living wage before other Tories. He encouraged disagreement within his team. Key advisers Daniel Moylan and Isabel Dedring had differing views on transport but both were heard and heeded at different times. The same was true of Stephen Greenhalgh and Kit Malthouse on issues of policing and business competitiveness.

With four-and-a-half years until there has to be another general election it might not be too late to put things right. Cummings is undoubtedly a hugely talented individual but if he is to stay in place he shouldn’t have the dominant role that he currently enjoys. I’ve learnt of too many conversations truncated, and not by brilliant argument or killer facts. “There’s no way that Dom would wear that” has been enough to ensure termination of much alternative thinking.

Although Team Boris includes many talented people – David Frost, Isaac Levido and Munira Mirza – it needs more grey hairs and more straight-talkers. If Johnson is going to be presidential he needs something that is a lot more like a White House than Dom’s frat house, starring Caino, Roxstar, Sonic and other playground names.

But – much more than a strengthening of No 10 – a restoration of cabinet government is needed. At this time of enormous challenge, it is unforgivable that the likes of Jeremy Hunt, Sajid Javid, Penny Mordaunt and Julian Smith aren’t at the top table. And is Tom Tugendhat ever going to be forgiven for having once used the foreign affairs select committee to suggest that Johnson’s time as foreign secretary wasn’t his finest hour?

I still have huge affection for Boris Johnson. I wanted him to be party leader, and in the run-up to the 2015 election spent many evenings within a small group that plotted towards that goal. My enduring memory of that time was the role his former wife, Marina, played in his life. An extraordinary brain; unafraid to dispense home truths. She was his anchor and, despite everything, had been for most of his adulthood. He’s now divorced and, while I wish nothing but happiness for Johnson and Carrie Symonds, I can’t make sense of so much of his turbulent time in Downing Street without thinking that the turbulence in his private life does a great deal of the explaining. Few of us would be unaffected in similar circumstances, especially if a serious illness had been layered on top.

After Cummings-gate the parliamentary party is moving beyond the terrified phase. Many MPs are furious at the slump in the opinion polls; at the ways in which their multiple calls for Cummings to go were ignored; and at a succession of unforced policy errors. They no longer believe in the Prime Minister in the way they did. They still want their faith to be restored, but does Johnson realise the scale of what will be required to ensure that? I hope so. I fear not. 

This article appears in the 12 June 2020 issue of the New Statesman, A world in revolt

Somerset infection spike due to false positive results?

“The NHS Trust behind Musgrove Park Hospital has issued a ‘heartfelt apology’ after some patients there were told they had tested positive for Covid-19 when, in fact, they may have been negative….

Trudi Grant, Director of Public Health at Somerset County Council : “Without these false positive cases we’re as confident as we can be that there hasn’t been an increase in new cases in Somerset and, in fact, the trend continues downwards, which is great news for all of us.”

Patients given false positive coronavirus results at Musgrove Park Hospital

www.itv.com 

A computer failure has seen a number of hospital patients given false positive coronavirus tests, it has emerged.

The NHS Trust behind Musgrove Park Hospital has issued a ‘heartfelt apology’ after some patients there were told they had tested positive for Covid-19 when, in fact, they may have been negative.

The hospital has not yet said whether those patients with wrong tests were put on to Covid-specific wards.

The Somerset NHS Foundation Trust says the fault was picked up on Thursday 4 June by a “vigilant laboratory manager” who noticed an “unusual increase in the number of positive test results for patients”.

The teams quickly identified the faulty testing machine, and after testing the swabs again realised that it had reported some false positive results.

27 patients have so far been confirmed as being given the wrong diagnosis.

The trust says it will be contacting 147 people in total.

We are now in the process of contacting all those patients who were diagnosed as having coronavirus after their swabs were analysed in the faulty machine to explain to them what has happened and that it is possible they may have been incorrectly diagnosed, to understand the impact this may have had on them, to offer them subsequent testing and to say how sorry we are.

– Dr Daniel Meron, Chief Medical Officer for Somerset NHS Foundation Trust

The laboratory is conducting a full investigation to understand what has caused this. Early indications are that it was potentially caused by a change in the kind of swabs that were in use from 27 May, coinciding with the increase in positive test results that we recorded from that date.

– Dr Daniel Meron

Dr Daniel Meron adds: “We are contacting everyone who is affected so please do not worry if you do not hear from us. Please continue to follow the advice you receive from your healthcare professional and the national advice to minimise the spread of COVID-19.

“Our heartfelt apologies go to all patients and their families who have been affected.”

All patients who test positive for Covid-19 when they arrive at the hospital are isolated on specific wards.

The fault has been blamed for huge increase in cases Somerset has seen in recent days.

Trudi Grant, Director of Public Health at Somerset County Council, says it leaves her team in a “better position” and “explain an awful lot of the quandary” over the increase in figures.

She adds: “Without these false positive cases we’re as confident as we can be that there hasn’t been an increase in new cases in Somerset and, in fact, the trend continues downwards, which is great news for all of us.

“We’ve actually only had three confirmed cases over the last four days, which is about in line with the way that our trajectory was showing.

“I want to really reassure Somerset residents that we continue to experience low levels of infection in this county, and long may it last, and that’s thanks to the efforts of the people in Somerset to make sure we stick to the measures around social distancing, hand-washing and isolation as soon as we or someone in our household experiences symptoms.”

Coronavirus came to UK ‘on at least 1,300 separate occasions’

Coronavirus came to UK ‘on at least 1,300 separate occasions’

A new study showes that less than 0.1% of those imported cases came directly from China. Instead the UK’s coronavirus epidemic was largely initiated by travel from Italy in late February, Spain in early-to-mid-March and then France in mid-to-late-March. 

[When we didn’t even ask for their names or contact details, let alone test them or ask them to self-isolate. Yet now we are “shutting the stable door after the horse has bolted” and insisting on 14 days quarantine. Many believe that this policy which has huge economic consequences and makes no sense has simply been introduced because it is thought in No 10 to “please the crowd”. Does this Government know what it is doing? – Owl]

www.bbc.co.uk  

Coronavirus was brought into the UK on at least 1,300 separate occasions, a major analysis of the genetics of the virus shows.

The study, by the Covid-19 Genomics UK consortium (Cog-UK), completely quashes the idea that a single “patient zero” started the whole UK outbreak.

The analysis also finds China, where the pandemic started, had a negligible impact on cases in the UK.

Instead those initial cases came mostly from European countries.

The researchers analysed the genetic code of viral samples taken from more than 20,000 people infected with coronavirus in the UK.

Then, like a gigantic version of a paternity test, the geneticists attempted to piece together the virus’s massive family tree.

This was combined with data on international travel to get to the origins of the UK epidemic.

 They found the UK’s coronavirus epidemic did not have one origin – but at least 1,356 origins. On each of those occasions somebody brought the infection into the UK from abroad and the virus began to spread as a result.

“The surprising and exciting conclusion is that we found the UK epidemic has resulted from a very large number of separate importations,” said Prof Nick Loman, from Cog-UK and the University of Birmingham.

“It wasn’t a patient zero,” he added.

The study showed that less than 0.1% of those imported cases came directly from China. Instead the UK’s coronavirus epidemic was largely initiated by travel from Italy in late February, Spain in early-to-mid-March and then France in mid-to-late-March.

[The study estimated that approx. 34% of detected UK transmission lineages arrived via inbound travel from Spain, approx. 29% from France, approx. 14% from Italy, and approx. 23% from other countries. The relative contributions of these locations were highly dynamic.]

“The big surprise for us was how fluid the process was, the rate of and source of virus introduction shifted rapidly over the course of only a few weeks,” said Prof Oliver Pybus, from the University of Oxford.

The study estimates 80% of those initial cases arrived in the country between 28 Feb and 29 March – the time the UK was debating whether to lockdown.

After this point, the number of new imported cases diminished rapidly.

The earliest one could be traced back to the beginning of February, but it is possible there were cases even earlier that could not be picked up by the analysis.

The study also says the controversial football match between Liverpool and Atletico Madrid, on 11 March, probably had very little impact on bringing the virus into the country.

An estimated 3,000 fans flew in from Spain to watch the game, but there were 20,000 people flying in from Spain every single day in mid-March.

“[It] shows that individual events such as football matches likely made a negligible contribution to the number of imports at that time,” the study says.

The imported cases each started off a chain of transmission where the virus is passed from one person, to the next, to the next and so on.

However, the study shows lockdown has massively disrupted the spread of the virus.

“If there’s good news here, these chains of transmission were and are being suppressed and going extinct as a result of social distancing and we continue to see that now,” Prof Loman said.

 

Councils face bankruptcy as they try to prepare for a second wave of Covid-19

“Unless we get some certainty around income levels recovering or certainty of any additional help from the government in terms of this year’s budget or future years’ budgets, there a risk at some point in the future we may be faced with having to look a Section 114 notice,” says Jon Triggs, head of resources at North Devon Council…..

North Devon Council is run by the Lib Dems, but all but two of Devon’s parliamentary constituencies are represented by Conservative MPs. Again, it appears Tory cuts are coming back to bite their local parties and voters.”

By Anoosh Chakelian www.newstatesman.com 

In February 2018, for the first time in nearly 20 years, a council went bust. Northamptonshire County Council issued a section 114 notice, which stops any new spending – effectively declaring bankruptcy. It was a rare move for a local authority. Hackney Council was the last to do the same in 2000.

There were idiosyncratic problems with the way the council was run, but it had also fallen victim to cuts. Local authorities have lost 60 per cent of core government funding since 2010. Worse for defenders of the austerity agenda, Northamptonshire was a Tory council.

County councils – generally Tory-run – appeared particularly hard-done-by in 2018. Their core government funding was decreasing faster than other types of councils, and were calculated at the time to face a 93 per cent fall in funding by 2020.

As I reported at the time, there were Conservative councillors and right-wing Conservative MPs who believed Northamptonshire wouldn’t be the last.

And, come the Covid-19 pandemic, so it turns out. Councils all over the country are on the brink of effective bankruptcy (local authorities cannot technically go bankrupt, and must keep providing certain mandated services that are their statutory duty).

The costs of responding to Covid-19 and losses of income from lockdown incurred by councils in March, April and May amounted to £3.2bn, according to the Local Government Association (LGA). This national total has been met by the two tranches of emergency funding of £1.6bn each provided by government to councils so far, unevenly divvied up.

Yet councils could need as much as £6bn more, according to LGA figures, to cover the costs of coping with the coronavirus pandemic during this financial year. Since the government urged councils to spend “whatever is necessary” on the coronavirus response, the promise to reimburse all that spending has been diluted, and already councils have not been repaid enough to fill their budget black holes.

“Unless we get some certainty around income levels recovering or certainty of any additional help from the government in terms of this year’s budget or future years’ budgets, there a risk at some point in the future we may be faced with having to look a Section 114 notice,” says Jon Triggs, head of resources at North Devon Council.

The crunch point could be around the corner: “Not in less than two months. We’re probably talking a few months,” he tells me.

Because of Devon’s reliance on tourism and hospitality – industries ravaged during the lockdown – other councils in the county are in the same situation, according to Triggs.

“We’re not the only council to raise the risk of a section 114 as you know, there’s lots of councils out there. All the other councils in my area are saying exactly the same.”

North Devon Council is run by the Lib Dems, but all but two of Devon’s parliamentary constituencies are represented by Conservative MPs. Again, it appears Tory cuts are coming back to bite their local parties and voters.

“We’d seen significant cuts since 2010 so council funding has reduced significantly,” says Triggs. “For us, being a shire district council, we’ve seen an almost 40 per cent funding reduction, in terms of core government grants.

“Every type of authority is affected differently and the south-west, obviously being so heavily reliant on visitors and tourism, is going to take a lot longer to recover. Different councils will recover at different paces, depending on where you are in the country.”

Indeed, all areas of different political stripes appear to be facing immediate financial crises. From the majority-Conservative Norfolk County Council to the Labour-run Croydon Council in south London, officials have had to deny considering section 114 notices after reports of their dire budget black holes due to Covid-19 spending.

“Local government continues to lead the way during the emergency response to this crisis, but they are being stretched to the maximum,” says the leader of Bedfordshire Council and chairman of the Local Government Association, James Jamieson. “Councils will need further funding and financial flexibilities in the weeks and months ahead to meet ongoing COVID-19 pressures and to keep services running normally.

“Certainty around this is desperately-needed so councils can balance their budgets this year and take vital decisions about how to pay for vital local services next year.”

If the government does not deliver on full reimbursement, it could lead to councils issuing section 114 notices and toppling across the country.

“It is the very last resort,” says Sharon Taylor, the Labour leader of Stevenage Borough Council, which had the issue of a section 114 “under review” in May.

“I don’t think any of us [council leaders] could rule it out – none of us know what’s going to happen over the next few months.

“But were we to get a second wave of this and the lockdown was going to start all over again, if you get in a situation, we’d be having to review this before September, I suspect, if that was us. I don’t think any of the councils are out of the woods yet.”

If councils had to put a halt on spending, this means they could only deliver their core functions: mainly social care for vulnerable adults and children. Services crucial to the pandemic response – from rough sleeping programmes, local domestic abuse support, and the provision and maintenance of public parks – would be lost, as would services key to the aftermath, such as fitness and a leisure.

“If all of that starts to take a major hit and we can’t deliver those services, that will be a really big issue,” says Taylor.

“This is because local government finance was so fragile in the first place. We were all living on a wing and a prayer even before Covid came along, and ten years of austerity, ten years of cutting away at these services that people are now realising are essential.”

Not only could councils face bankruptcy just as they are required to help people through a second wave, but their pandemic response has already been hampered by austerity.

“Your ability to be able to react to a pandemic such as this is put under pressure because of that lower level of resources – not just financial resources but also manpower resources,” says Triggs. “As councils, we’re being asked to do a lot more in the pandemic response, with a workforce that has had cuts to it over the last ten years.”