Covid: Ministers response to older people probe 'not sufficient'

Two bodies are looking at whether older people's rights were respected in the pandemic

The response of Welsh ministers to an investigation into whether it breached the rights of older people at the start of the pandemic has "not been sufficient", according to the older people's commissioner.

Helena Herklots said she had not received robust assurances that older people's rights had been respected.

She and the Equality and Human Rights Commission are looking at the matter.

The Welsh Government said it had worked hard to support care homes.

Both bodies are carrying out investigations into a number of aspects of the Welsh Government's managing of the pandemic, and the impact its policies have had on older people.

They have previously raised concerns over what they described as the "slow response" to provide tests to care homes.

The widespread issuing of "Do Not Attempt Resuscitation" notices in care homes is also being examined.

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Addressing the Senedd's Health, Social Care and Sport Committee, Ms Herklots said the Welsh Government had written to both her and the Equality and Human Rights Commission [EHRC] at the start of last month.

"The information that they sent through wasn't sufficient to address our concerns," she said.

"We felt there were still gaps in relation to the evidence to the extent to which Welsh Government could demonstrate that it had met its obligations under equality legislation and human rights."

Helena Herklots said assurances haven't "been provided to the level of assurance that we want"

Ms Herklots said she had requested a meeting with the Health Minister Vaughan Gething to discuss the issue further.

She added that the human rights commission had asked the Welsh Government to provide further written evidence.

Asked by Labour Aberavon Senedd member David Rees whether she believed lessons had been learned by the Welsh Government, Ms Herklots said there had been some evidence of progress, but that more needed to be done.

"At the moment, I haven't seen that [evidence] clearly in terms of what they've sent through," she said.

"In terms of the written information, that hasn't been provided to the level of assurance that we want which is why we want to have those discussions.

"More positively, I've certainly seen Welsh Government… seem to be reflecting and talking about older peoples' rights in a stronger way now.

"I can certainly see some progress there and something positive.

"But in relation to what has happened, and giving that level of assurance that I and the EHRC want, we've not had that yet."

'Vital lessons learned'

Rev Ruth Coombs of the EHRC said: "The pandemic has impacted on all of our lives but for some communities and groups in our society the effects have been devastating.

"Nowhere has this been truer than in our care homes. The issues that have arisen in care homes raise real concerns that equality and human rights standards may have been breached. As we continue to live with coronavirus it is vital that we learn the lessons of recent months.

"We remain in correspondence with the Welsh Government about decisions that have been taken so far, and to advise on how the fundamental rights of older people can be upheld going forward."

What has the Welsh Government said?

A Welsh Government spokesman said: "We have worked hard to support care homes throughout the pandemic, providing additional help, including regular and free deliveries of personal protective equipment, enhanced nursing support for those homes which need it and advice about hygiene and cleaning.

"Our response to coronavirus has been guided by the latest scientific and medical advice. This is most evident in our testing policy - as soon as the scientific advice said there was a benefit to widespread testing in care homes, we took swift action.

"We introduced large scale testing in care homes across Wales in May and in June, on SAGE advice, we introduced weekly testing of all staff in care homes."

He added: "We continue to respond to the EHRC's request for further evidence on how the rights of older people in care homes have been protected during the pandemic."