Challenge over refusal to hold public inquiry into Covid-19 care home deaths adjourned

A High Court challenge taken over the State’s refusal to hold a public inquiry into Covid-19 related deaths in care homes has been adjourned to November.

The action has been brought on behalf of 19 individuals from across the State who are challenging a June 28th decision by the Minister for Health not to establish a formal investigation into the circumstances of the deaths.

The matter came before Mr Justice Charles Meenan on Thursday, who said he was putting it back in order to await the outcome of a Supreme Court case in which a similar legal issue had been raised.

The judge told Ronan Lavery SC, for the applicants, that the court was very aware of their concerns. However, he said a central issue in the case concerned the State’s obligations under the European Convention on Human Rights to conduct inquiries or investigations into deaths.

That issue was raised in an action before the Supreme Court where the relatives of Séamus Ludlow, a Co Louth man murdered in 1976. want the State to establish an inquiry into the handling of the Garda investigation into his death. Judgement is awaited in the action.

Best interests

Mr Justice Meenan said it was in the best interests of all parties that the challenge before him be adjourned until after the Supreme Court handed down its judgement in the Ludlow case. He put the matter was put back to November.

The court previously heard that most of the applicants bringing the challenge had a relative who is recorded as having died from Covid-19 while in a care home within the State.

Some of the applicants have encountered what they claim are a range of failures within nursing homes during the pandemic, which they say should be included in the inquiry.

They want the State to conduct an investigation because of their deep concerns about the deaths of their relatives, and the preparedness and response of the homes. They claim that a public investigation into the deaths is required under the Constitution and the European Convention on Human Rights.

Rebuild confidence

Such an investigation, they claim, would establish the facts, allow learning from the events, provide accountability, help rebuild confidence in the sector and prevent a re-occurrence.

They claim the State’s refusal to hold such an inquiry is contrary to the public interest, unfair, unreasonable and disproportionate.

In their judicial review proceedings against the Taoiseach, the Minister for Health, Minister for Finance, Ireland and the Attorney General, the applicants seek an order quashing last June’s decision not to hold an investigation.

They further seek declarations that the refusal to conduct such an inquiry is unlawful, unconstitutional and in breach of the applicants’ rights.