Issues being investigated under Term of Reference 2(g)

ToR 2(g) requires the Inquiry to investigate the strategic elements of the handling of the COVID-19 pandemic in Scotland relating to:

“in care and nursing homes: the transfer of residents to or from homes, treatment and care of residents, restrictions on visiting, infection prevention and control, and inspections”.

In relation to ToR 2(g) the Inquiry will examine: 

1. The nature, adequacy and effect of any pre-pandemic planning undertaken by the Scottish Government in respect of care and nursing homes.
2. Decisions, and the implementation of those decisions, made during the relevant period to direct the transfer of persons to care homes, including: the allocation of, and consistency of, decision-making in relation to such transfers; the effectiveness of any mitigations put in place to manage the risk of COVID-19 spread by transferred persons; and the development and implementation of guidance and safeguards put in place in relation to the capacity of persons being transferred.
3. The provision of treatment and care to care and nursing home residents, including: the availability of access to primary, secondary and tertiary health care; the effectiveness of such access to the treatment and care of residents with dementia; and staffing levels in care and nursing homes.
4. The introduction, delivery and implementation of guidance for alternative arrangements to visiting in care and nursing homes, including: the extent to which such guidance was adequately consulted upon; the effectiveness of any guidance review processes; the nature and consistency of the implementation of alternative arrangements for visiting; disparities arising from differing restrictions imposed on those not resident in care or nursing homes; and the influence of potential third party claims on the way in which alternative arrangements for visiting were implemented.
5. The reasonableness and proportionality of decisions taken to implement clinical standards of infection prevention and control to care and nursing home settings, including: the impact such decisions had on providing safe and effective care to residents; and the availability of access to testing and personal protective equipment (PPE).
6. Changes to the regime of inspection for care and nursing homes, including: the decision to suspend the inspection of care and nursing homes; the implementation of a dual inspection regime for care and nursing homes; the role of those with responsibility for inspections during the pandemic; and the effectiveness of care home inspection during the relevant period.
7. Disparities arising from decisions made in respect of care and nursing homes during the relevant period, and the implementation of such decisions, including by geography, digital inclusion and protected characteristics, and impacts on human rights.