The Crown Office is considering a case in relation to 11 deaths at a care home on Skye.
Home Farm in Portree was at the centre of a Covid outbreak early in the pandemic.
Several residents died at the home, which was at the time operated by HC One. It was subsequently taken over by NHS Highland.
Prosecutors had previously said they were reviewing three deaths.
But tonight they have confirmed they have now received reports into the deaths of 11 people – along with “additional” information from police and a report from the Health and Safety Executive.
It has also emerged that one law firm acting on behalf of some of the bereaved families have urged the Crown Office to consider criminal charges.
‘Fatal accident inquiries may follow’
A spokeswoman for the Crown Office and Procurator Fiscal Service said: “The procurator fiscal has received reports in connection with the deaths of 11 people at the Home Farm Care Home, Skye.
“These reports are being fully considered by the Crown Office and Procurator Fiscal Service and the families will continue to be kept updated in relation to any significant developments.”
The Scottish Government announced in December that a public inquiry into their handling of Covid will be held, and it is believed bereaved families will be called upon to give evidence.
But solicitor Pamela Rodgers, whose firm PBW Law are acting on behalf of a number of families whose loved ones died in Home Farm, said more needs to be done.
She said: “The Crown has committed to reviewing all deaths which took place in care homes during the pandemic.
“As the public inquiry is designed to cover the Covid-19 response in general in Scotland and is not specifically a care home inquiry, albeit it will cover matters relevant to care homes, fatal accident inquiries may follow.
“We certainly think that a inquiry for Home Farm is merited because of the issues which arose there.”
Criminal charges would take priority
Ms Rodgers believes it will “likely take years” for the Covid inquiry to reach a conclusion, and warned families it would also take time for FAIs to be announced.
“The average time from death to FAI in Scotland at the moment is between two to five years, but in some cases it can be even longer – for example the Clutha helicopter case was six years, the Sheku Bayoh case was seven years,” she said.
“As to which takes place first, we cannot say, since any FAI which may or may not take place will be the responsibility of the Crown.
She said: “Any criminal charges to be brought against HC One for what unfolded at Home Farm would likely take precedence before any FAI.”
John Gordon, whose dad John Angus Gordon died aged 83 in the care home after contracting Covid, said if a criminal case was to go ahead it would be the first step in seeking closure.
He said: “It is legitimate that the families who need to seek answers will be able to put the hard questions to the owners of the care home.”
Families need ‘closure’
During the pandemic it is alleged that staff were brought to Skye from all over the UK, and patients were transported into the home from other part of the Highlands.
Mr Gordon, who is a councillor, claimed there was “poor practice” within Home Farm that was flagged “time and time again”.
“Families of those who have died, and the workers in the care home have time and time again felt to blame for putting those we loved into harm’s way,” he said.
“People on the island have been completely broken by this. We need a criminal case to go ahead, and we need answers.
“For many of us, who have tried to live with what we know went on there, it may finally give us some of the closure we need.”
‘An exceptionally difficult time’
A spokesman for HC One said: “Our thoughts and sympathies are with all families that have lost a loved one from coronavirus. Caring for our residents and supporting our colleagues is at the heart of what we do, and the past 24 months have been an exceptionally difficult time for everyone connected to our homes.
“Throughout the pandemic, we have worked extremely hard to protect our residents and colleagues, and we have always strived to take all possible precautions to keep residents and colleagues safe.
“Given the ongoing legal process, we are unable to make further public comment regarding Home Farm at this time.”
