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Covid-19 Care home restrictions legal challenge

A husband has launched a legal challenge against Covid-19 care home restrictions, which have prevented him from having physical contact with his wife for eight months.

Michelle Davies, 58, lacks mental capacity after suffering a brain aneurysm in December 2018. Since then she has been receiving specialist rehabilitative care in care homes, with the aim of her returning home to her family in Leigh, Wigan.

Her husband, Dr John Davies, has not had physical contact with his wife of 37 years since March. He was allowed to take part in a handful of socially distanced visits when lockdown restrictions were temporarily lifted in the summer. However, John, 60, and son Kane, 33, have not been allowed to see Michelle again since lockdown restrictions were re-introduced in Greater Manchester at the end of July.

The family are calling on Wigan Council and Wigan Borough Clinical Commissioning Group – which are responsible for Michelle’s care – to carry out bespoke risk assessments, allowing people to visit their loved ones in care homes, while maintaining Covid-19 protocols.

Lorraine Cavanagh QC was instructed by Mat Culverhouse of Irwin Mitchell. Irwin Mitchell have produced a full press release which is available here.

Hayden J has published his judgment on the preliminary hearing.

The case has received widespread national media coverage including in The Times, The BBC, and ITV and local coverage in the Manchester Evening NewsWigan Today, Leigh Journal, Bolton News and Prestwich and Whitefield Guide.