The Management of COVID-19 in Care Homes in Ireland And England: Ethical and Legal Issues in a Time of Pandemic

153 Pages Posted: 9 Jun 2022

See all articles by Mary-Elizabeth Tumelty

Mary-Elizabeth Tumelty

University College Cork - School of Law

Clayton Ó Néill

Queen's University Belfast - School of Law

Mary Donnelly

University College Cork (UCC) - Law Faculty

Anne-Maree Farrell

University of Edinburgh - School of Law

Rhiannon Frowde

University of Edinburgh, Edinburgh Law School

Linda Pentony

University College Cork

Date Written: June 2, 2022

Abstract

This paper provides an overview of the key issues that arose in relation to the management of COVID-19 in care homes in Ireland and England between February 2020 and December 2021, with reference to relevant policies, processes, and practices. There is a particular focus on the first wave of the pandemic between February and June 2020, where the risk of contracting and dying from COVID-19 was highest for residents in care homes. The paper examines a number of key issues impacting management of the risk posed by COVID-19 in care homes including the availability of testing; the use of personal protective equipment; staffing; safe discharge from hospitals; the use of Do Not Attempt Cardiopulmonary Resuscitation Orders (DNACPR); visiting and access restrictions; and the recording of care home deaths. A critical analysis is also provided of broader themes impacting the management of COVID-19 in care homes during 2020-21, including ethical issues, human rights, regulatory governance and accountability.

Note:
Funding Information: Research for the workshop paper was undertaken as part of the Public Heath Ethics and Law Research Network project, which is jointly funded by the Economic and Social Research Council (ES/V009222/1) and the Irish Research Council (IRC/V009222/1).

Conflict of Interests: None.

Keywords: COVID-19, Care Homes, Ethics, Human Rights, Law, Regulation, Governance, Accountability

Suggested Citation

Tumelty, Mary-Elizabeth and Ó Néill, Clayton and Donnelly, Mary and Farrell, Anne-Maree and Frowde, Rhiannon and Pentony, Linda, The Management of COVID-19 in Care Homes in Ireland And England: Ethical and Legal Issues in a Time of Pandemic (June 2, 2022). Edinburgh School of Law Research Paper No. 2022/11, Available at SSRN: https://ssrn.com/abstract=4126248 or http://dx.doi.org/10.2139/ssrn.4126248

Mary-Elizabeth Tumelty (Contact Author)

University College Cork - School of Law ( email )

College Road
Cork, County Cork
Ireland

Clayton Ó Néill

Queen's University Belfast - School of Law ( email )

Main Site Tower, Queen's University Belfast
Belfast, BT7 1NN
United Kingdom

Mary Donnelly

University College Cork (UCC) - Law Faculty ( email )

Aras na Laoi
Western Road
Cork
Ireland

Anne-Maree Farrell

University of Edinburgh - School of Law ( email )

Edinburgh
Great Britain

Rhiannon Frowde

University of Edinburgh, Edinburgh Law School ( email )

Edinburgh
Great Britain

Linda Pentony

University College Cork ( email )

5 Bloomfield Terrace Western Road
Cork
Ireland

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